4.
Misdemeanour – a minor
CRIMINAL JURISPRUDENCE,
PROCEDURE AND EVIDENCE
CHAPTER 1
GENERAL PRINCIPLES
Q: What is criminal law?
A: Criminal Law is that branch or
division of law, which defines crimes,
treats of their nature and provides for
their punishment.
Q: What is crime?
A: A crime is an act committed or
omitted in violation of a public law
Diego Quin, G.R. No. l.42653, it was
held by the Supreme Court forbidding
or commanding it.
Q: What is the difference between
Felony, Offense, Misdemeanor and
crime?
A:
1. Felony - a crime under the
Revised Penal Code is referred
to as felony. Do not use this term
in reference to violation of
special law.
2. Offense- a crime punished
under special law is called
statutory offense.
3. Crime- whether the wrongdoing
is punished under the Revised
Penal Code or under special
law. The generic word crime
can use.
infraction of the law such as a
violation of an ordinance is
referred to as misdemeanour.
Q: What are sources of Philippine
Criminal Law?
A:
1. The Revised Penal Code (Act
No. 3815) and its amendments;
2. Special penal laws passed by
the Philippine Commission,
Philippine legislature, National
Assembly, the congress of the
Philippines, and the Batasang
Pambansa;
3. Penal Presidential Decrees
issued by Marcos during Martial
law;
4. Executive Order issued by Cory
Aquino during her Revolutionary
Government;
Q: What are not the sources of
criminal law?
A:
1. Court decision -are not
sources of criminal law,
because they merely explain
the meaning of, and apply,
the law was enacted by the
legislative branch of the
Government.
2. Constitution -is not source of
criminal law because it does
not define crime, nor provide
for a penalty.
Q: Who has the power to define and
punish crimes?
A: The state has the authority under its
police power, to define and punish
crimes and to lay down the rules of
criminal procedure. States, as a part
of their police power, have large
measure discretion in creating and
defining criminal offenses. (People vs.
Santiago 43 Phil 120, 124)
Q: What are the limitations on the
power of the law making body to
enact penal laws?
A:
1. No ex post facto law or bill
of attainder shall be
enacted. (Art 3 Sec. 22)
2. No person shall be held to
answer for a criminal offense
without due process of
law(Sec 14, Art 111, 1987
constitution)
3. No person shall be depriving
of life, liberty, and property
without due process of law,
nor shall any person be
denied the equal protection
of the laws. (Sec. 1, Art 111,
1987 constitution)
4. No law which imposes cruel
and unusual punishments or
excessive fines shall be
enacted.
Q: What is an ex post facto law?
A:
1. Makes criminal an act done
before the passage of the
law and which was innocent
when done, and punishes
such an act;
2. Aggravates a crime ,or
makes it greater than it was,
when committed;
3. Changes the punishment
and inflicts a greater
punishment than the law
annexed to the crime when
committed.
4. Alters the legal rules of
evidence, and authorizes
conviction upon less or
different testimony than the
law required at the time of
the commission of the
offender.
5. Assumes to regulate civil
rights and remedies only, in
effect imposes penalty or
deprivation of a right for
something which when done
was lawful.
6. Deprives a person accused
of a crime some lawful
protection to which he has
become entitled, such as the
protection of a former
conviction or acquittal, or a
proclamation of amnesty.(In
re,Kay Villegas Kami ,Inc,35
SCRA 429,431)
Q: What is a bill of attainder?
A: A bill of attainder is a legislative act
which inflict punishment without trial.
Its essence is the substitution of a
legislative act for a judicial
determination of guilt.(People vs.
Ferrer, 48 SCRA 382, 395.)
EXAMPLE:
Congress passes a law which
authorizes the arrest and imprisonment
of communist without the benefit of a
judicial trial.
Q: What are the rights of the accused
which may be waived and rights
which may not be waived?
A: A rights which may be waived is the
right of the accused to confrontation
and cross examination. A right which
may not be waived is the right of the
accused to be informed of the nature
and cause of the accusation against
him. The reason or principle underlying
the difference between right which
may be waived and right which may
not be waived is that those right which
may be waived are personal ,while
those rights which may not be waived
involved public interest which may be
affected(2 Moran ,Rules of court ,1952
Edition 748)
Q: What are the characteristic of
criminal law?
A:
1. GENERALITY – it is binding on all
persons who live or sojourn in the
Philippine Territory (Art 14, NCC).
Q: What are the exceptions to the rule
on generality of penal law?
A: Exception brought about by;
a. Treaty stipulations
Example:
Under the RP – US visiting forces which
was signed on February 10, 1998, the
Philippines agreed that.
A.1. US shall have the right to exercise
within the Philippines all criminal and
disciplinary jurisdiction conferred on
them by the military law of the US over
us personnel in RP;
A.2. US exercises exclusive jurisdiction
over US personnel with regard to
offenses relating to the security of the
US punishable under the law of US, but
not under the laws of RP;
A.3. US shall have primary right to
exercise jurisdiction over US personnel
subject to military law of the US in
relation to.
A.3.1 .Offenses solely against the
property or security of the US or
offenses solely against the property or
person of US personnel
A.3.2. Offenses arising out of any act
or omission done in performance of
official duty.
b. Laws of preferential application.
Examples:
B.1. RA 75 penalizes acts which would
impair the proper observance by the
Republic and its inhabitant of the
immunities, rights and privileges of duly
accredited foreign diplomatic
representatives in the Philippines.
B.2. Violation of Parliamentary
immunity
c.Principles of Public International law.
Examples:
The following persons are exempted:
c.1. Sovereigns and other chiefs of
state;
C.2.Ambassadors, ministers,
plenipotentiary, minister resident and
charges the affairs
NOTE: Consuls, vice consuls, and other
commercials representatives of
foreign nation are not diplomatic
officers; consuls are subject to the
penal laws of the country where they
are assigned.
2, TERRITORIALITY- in that criminal laws
undertake to punish crimes committed
within Philippine territory.
Q: what are the exceptions to the rule
on territoriality of penal laws?
A: (Art 2, RPC) that is enforceable
even outside Philippine territory
against those who:
1. Should commit an offense while
on a Philippine ship or airship.
2. Should forge or counterfeit any
coin or currency note of the
Philippines or obligation and
securities issued by
Government.
3. Should introduce into the
country the above mentioned
obligations and securities
4. While being a public officer or
employees should commit an
offense in the exercise of their
functions
5. Should commit any of the
crimes against national security
and law of the nations defined
in title one of book two.
3. PROSPECTIVITY- Penal laws cannot
make an act punishable in a manner
in which it was punishable when
committed.
Q: What is the exception to the
prospective application of penal
laws?
A: Whenever a new statute dealing
with crime establishes conditions more
lenient or favorable to the accused.
Q: What is the exception to the
exception?
A: The new law cannot be given
retroactive effect:
1. Where the law is expressly made
inapplicable to pending actions
or existing causes of actions.
2. Where the offender is a habitual
criminal
NOTE: the retroactive effect shall
benefit the accused even if at the
time of publication of the law, a final
judgment has been pronounced and
the convict is serving sentence.
the Q: What are the theories in criminal
law?
A:
1. Classical theory- The basis of
criminal liability is human freewill
and the purpose of penalty is
retribution it is endeavoured to
establish a mechanical and
direct proportion between
crime and penalty. And there is
scant regard to human
element.
2. Positivist theory- The basis of
criminal liability is the sum of the
social, natural and economic
Phenomena to which the actor
is exposed wherein prevention
and correction are the purposes
 of penalty. This theory is
exemplified in the provision
regarding impossible crimes and
habitual delinquency.
3. Eclectic or Mixed theory- It is a
combination of positivist and
classical thinking wherein crimes
that are economic and social in
nature should be dealt in
positive manner, thus, the law is
more compassionate. Ideally,
the classical theory is applied to
heinous crimes, whereas, the
positivist is made to work on
economic and social crime.
Q: What are the different effects of
repeal of penal law?
A:
1. If the repeal makes the penalty
lighter in the new law, the new
law shall be applied, except
when the offender is a habitual
delinquent or when the new law
is made not applicable to
pending action or existing
cause of action.
2. If the new law imposes a
heavier penalty the law in force
at the time of the commission of
the offense shall be applied.
3. If the new law totally repeals
the existing law so that the act
which was penalized under the
old law is no longer punishable,
the crime is obliterated.
Q: How are penal laws construed?
A:
1. Penal laws are strictly construed
against the Government and
liberally in favor of the accused.
2. In the construction or
interpretation of the provision of
the Revised Penal Code, the
Spanish text is controlling
because it was approved by
the Philippine Legislature in its
Spanish text.
3. No interpretation by analogy.
Q: What are the basic maxims in
criminal law?
A:
1. Nullum crimen, nulla poene sine
lege (there is no crime when
there is no law punishing the
same)
No matter how wrongful, evil or
bad the act is, if there is no law
defining the act, the same is not
considered a crime.
2. Actus non facit reum, nisi mens
sit rea (the act cannot be
criminal where the mind is not
criminal)
This is true to a felony
characterized by dolo, but not
a felony resulting from culpa.
This maxim is not an absolute
one because it is not applied to
culpable felonies, or those result
from negligence.
3. Doctrine of Pro Reo- Whenever
a penal law is to be construed
or applied and the law admits
of two interpretations – one
lenient to the offender and one
strict to the offender – the
interpretations which is lenient
or favourable to the offender
will be adopted.
4. Mens rea
 The technical term mens rea is
sometimes referred to in
common parlance as the
gravamen of the offense. To a
layman, that is what you call the
bullseye of the crime. This term is
used synonymously with criminal
or deliberate intent, but that is
not exactly correct. Mens rea of
the crime defend upon the
element of the crime. You can
only detect mens rea by
knowing the particular crime
committed.
Q: What are the various classifications
of crimes?
A:
a. As to the commission
1. Dolo or felonies committed
with deliberate intent
2. Culpa or those committed by
means of fault
b. As to stage of execution
1. Attempted
2. Frustrated
3. Consummated
c. As to gravity
1. Grave felonies
2. Less grave felonies
3. Light felonies
d. As to count
1.Composite
2.Complex under Art 48
3.Continuing
e. Classification of felonies as to
1. Formal felonies those which
are always consummated
E.g. physical injuries
2.Material felonies -those which have
a various stages of execution.
3. those which do not admit frustrated
stage like rape and theft
F.As to nature
1. Mala in se
2. Mala prohibita
Q: When the old penal code took
effect?
A: The old penal code, which was
revised by the committee, took effect
in the Philippines on July 14, 1887, and
was in force up to December 31, 1931.
Q: When was the revised penal code
approved?
A:the Revised Penal code, as enacted
by the Philippine legislature, was
approved on December 8, 1930.
Q: When the Revised Penal Code took
effect?
A: The Revised Penal Code took effect
on January 1, 1932.
Q: What is the former name of the
RPC?
A: Old Spanish Penal Code
Q: What are crimes mala in se?
A: Crimes mala in se are acts or
omission which are inherently evil.
Generally, crimes mala in se are
punished under the RPC.

Q: What are the crimes mala
prohibita?
A: Crimes mala prohibita are acts
which are made evil because there is
a law prohibiting it. Crimes mala
prohibita generally refer to violations
of special laws.
NOTE: Not all violations of special laws
are mala prohibita.
Even if the crime is punished under a
special law, if the act punished is one
which is inherently wrong the same is
malum in se, and therefore, good faith
and the lack of criminal intent is a
valid defense; unless it is the product
of criminal negligence or culpa.
Examples of violation of mala in se
are;
• Piracy in Philippine water
• Brigandage in the highways
Q: If the special law uses the
nomenclature of penalties in the
Revised Penal Code, what is the effect
on the nature of the crime covered by
the special law?
A: Even if a special law uses the
nomenclature of penalties under the
Revised Penal Code that alone will not
make the act or omission a crime
mala in se .the special law may only
intend the code to apply as
supplementary.
Q: What are the distinction between
crimes punished under the RPC and
crimes punished under special law?
A:
CRIMES UNDER RPC CRIMES
UNDER SPECIAL LAW
Violation of the RPC usually involve
crimes mala in se. Violations of Special
Laws are usually crimes mala
prohibita.
AS TO MORAL TRAIT OF THE OFFENDER
The moral trait of the offender is
considered. This is why liability would
only arise when there is dolo or culpa
in the commission of the punishable
act. The moral trait of the offender is
not considered; it is enough that the
prohibited act was voluntarily done.
AS TO USE OF GOOD FAITH AS DEFENSE
Good faith or lack of criminal intent is
a valid defense; unless the crime is the
result of culpa. Good faith is not a
defense.
AS TO DEGREE OF ACCOMPLISHMENT
OF THE CRIME
The crimes may admit attempted
and/or frustrated stages. There are no
attempted or frustrated stages, unless
the special law expressly penalizes the
mere attempt frustration of the crime.
AS TO MITIGATING AND
AGGRAVATING CIRCUMSTANCES
Mitigating and aggravating
circumstances are taken into account
in imposing the penalty since the
moral trait of the offender is
considered. Mitigating and
aggravating circumstances are not
taken into account in imposing the
penalty.
AS TO DEGREE OF PARTICIPATION
When there is more than one
offender, the degree of participation
of each in the commission of the
crime is taken into account in
imposing the penalty; thus, offenders
are classified as principal, accomplice
and accessory. The degree of
participation of the offenders is not
considered. All who perpetrated the
prohibited act are penalized to the
same extent. There is no principal,
accomplice, or accessory to consider.
FUNDAMENTALS AND ESSENTIALS OF
CRIMINAL LAW
ARTICLE 2: Application of its provisions-
except as provided in the treaties and
laws of preferential application. The
provision of this code shall be
enforced not only within the Philippine
Archipelago ,including its Atmosphere,
its interior waters and maritime zone
,but also outside of its jurisdiction
against those who :
1. Should commit an offense on
Philippine ship or airship should forge
or counterfeit any coin or currency
note of the Philippines Islands or
obligations and securities issued by
the Government of the Philippines
Island.
2. Should be liable for acts
connected with the introduction into
these Islands of the obligation and
securities mentioned in the preceding
number.
3. While being a public officer or
employees, should commit an offense
in the exercise of their functions.
4. Should commit any of the
crimes against National securities and
the law of the Nations, defined in title
one of book two of this code?
Q: What are the two scopes of
application of the Revised Penal
Code?
A:
1. Intraterritorial – refers to
application of the RPC within the
Philippine Territory
2. Extraterritorial – refers to
application of the RPC outside the
Philippine territory.
Q: In what cases does the RPC have
an extraterritorial application?
A: Against those who:
1. Should commit an offense while
on Philippine ship or airship;
2. Should forge or counterfeit any
coin or currency note of the
Philippine Island or obligation
and securities issued by the
Government of the Island;
3. Should be liable for acts
connected with the introduction
into these islands of the
obligation and securities
mentioned in preceding
number;
4. While being a public officer or
employees, should commit an
offense in the exercise of their
functions;
5. Should commit any of the
crimes against national security
and law of the nation.
Q: What is a Philippine ship?
A: One that is registered in
accordance with the Philippine
Bureau of customs. If the vessel is in
the high seas, it is considered as an
extension of the Philippine territory
and the Philippine still has jurisdiction
but it is within the territory of another
country jurisdiction is generally with
the foreign state because penal laws
are primarily territorial in application.
Q: What does Philippine territory
cover?
A: The first paragraph of the RPC in
Article 2 expresses the territorial
Principle; Philippine territory comprises
the Philippine archipelago, its
atmosphere, the space above it,
subject to aviation rights of other
countries.
During that time ,the concept of outer
space is not yet recognized that is
beyond the territory of any country
there is only a certain limit in territorial
waters only a portion of the sea is
considered as Philippine territory
.these are all parts of public
international law.
Q: What is the accepted radius?
A: It is used to be three miles, then it
became six now, it is twelve miles, it
also covers the economic Zone, such
as Spratley Island. That is not part of its
Economic Zone .China, Vietnam
Taiwan are also claiming it that might
be a source of war that is Philippine
Territory.
Q: What are the two recognized rules
on jurisdiction over foreign merchant
vessels?
A: The French Rule and the English
Rule. These rules refer to jurisdiction of
one country over its merchant vessels
situated in another country over its
merchant vessels situated in another
country. These do not apply to war
vessels over which a country always
has jurisdiction.
1. French Rule- such crimes are not
triable in the courts of that
country, unless their commission
affects the peace and security
of the territory or the safety of
the state is in endangered.
2. English rule- Such crimes are
triable in that country, unless
they merely affect thing within
the vessel or they refer to the
internal management thereof.
NOTE: In this country we observe the
English rule
Q: What is the rule on foreign
merchant vessels in possession of
dangerous drugs?
A:
1. Foreign merchant vessel in
transit possession of dangerous drugs is
not punishable but use of the same is
punishable.
2. Foreign merchant vessel not in
transit mere possession of dangerous
drug is punishable.
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
 1. Act or omission
Chapter one: 2. Punishable by the RPC
Felonies (Art 3-10) 3. The act is performed or the
omission incurred by means of dolo or
ARTICLE 3: Acts and omission culpa.
punishable by law are felonies
(delitos) Q: What are the distinction between
intentional felony and culpable
Felonies are committed not only by felony?
means of deceit but also by means of
fault (culpa)there is a deceit when the A:
act is performed with deliberate intent INTENTIONAL CULPABLE FELONY
;and FELONY
Act is malicious Not malicious
There is fault when the wrongful act With deliberate
Injury caused is
results from imprudence, negligence, intent unintentional
lack of foresight, or lack of skill. being incident of
another act
Q: What are felonies? performed
without malice.
A: Felonies are acts or omission Has intention to Wrongful act
punishable by the Revised Penal cause injury results from
Code. imprudence,
negligence, lack
Q: How are felonies committed? of foresight or lack
of skill.
A: Felonies are committed not only by
means of deceit (dolo) but also by
means of fault (culpa) Q: What is an act in contemplation of
criminal law?
Q: What are the kinds of felonies?
A: By act must be understood any
A: bodily movement tending to produce
1. Intentional felonies – the act is some effect in the external word, it
performed or the omission incurred being unnecessary that the same be
with deliberate intent or malice to do actually produced, as the possibility of
an injury. its production is sufficient.
2. Culpable felonies the act is
performed without malice. But the act must be one which is
Q: What requisites must concur before defined by the RPC as constituting
felony may be committed? felony, or at least, an overt act of that
felony, that is , an external act which
A: There must be.
has direct connection with the felony
intended to be committed.
Q: Give example of felony by act.
A: Took the watch B with intent to gain
and without the consent of latter. The
act of taking the watch of B, with
intent to gain, constitutes the crime of
theft.
Q: What is the meaning of omission?
A: Omission means inaction, the failure
to perform a positive duty which one is
bound to do.
NOTE there must be a law requiring a
certain act to be performed and the
person required to do the act fails to
perform it.
Q: Give some examples of felony by
omission?
A:
1. Anyone who fails to render
assistance to any person whom he
find in uninhabited place wounded in
danger of dying is liable for
abandonment of person in danger.
2. An officer entrusted with the
collection of taxes who voluntary fails
to issue a receipt as provided by law,
is guilty of illegal exaction.
3. Every person owing allegiance
to the Philippines, without being a
foreigner, and having knowledge of
any conspiracy against the
Government, who does not disclose
and make known the same to the
proper authority, is liable for misprision
of treason.
Q: What is meant by punishable by
RPC?
A: This element of a felony is based
upon the maxim, nullum crimen nulla
poene sine lege that is there is no
crime when there no law punishing it.
The phrase punished by law should be
understood to mean punished by the
Revised Penal Code to distinguish it
from the words crime and offense
which are applied to infraction of law
punished by special statute.
Q: What is meant by incurred by
means of dolo or culpa?
A: To be considered a felony, the act
or omission must also be done with
dolo or culpa.
Q: What is dolo?
A: Dolo is deliberate intent otherwise
referred to as criminal intent to cause
an injury to another.
Q: What are the requisites of dolo?
A:
1. Freedom- when a person acts
without freedom, he is no longer a
human being but a tool; his liability is
as much as that of the knife that
wounds, or of the torch that set fire, or
of the key that opens a door, or of the
ladder that is placed against the wall
of a house in committing robbery.
2. Intelligence- without this power,
necessary to determine the morality of
human acts no crime exists. Thus, the
imbecile or the insane, and the infant
under nine years of age as well as the
minor over nine but less than fifteen
years old, acting without discernment, Road, suppose he bumps somebody
have no criminal liability, because that is normal, for incidents as that to
they act without intelligence. happen but there must be something
3. Intent –intent to commit the act with wrong in his foresight why he is driving
malice, being parely a mental at a very fast speed in a busy street.
process, is presumed and the
presumption arises from the proof of Q: What crimes cannot be committed
the commission of an unlawful act. through culpa?
A:
Q: What are the requisites of culpa? 1. Murder
2. Treason
A: 3. Robbery
1. He must have freedom while 4. Malicious mischief
doing an act or omitting to do
an act; Q: What is the meaning of
2. He must have intelligence while voluntariness in criminal law?
doing an act or omitting to do
an act; A: The world voluntariness in criminal
3. He is imprudent, negligent or law does not mean acting in one’s
lack of foresight or skill while own volition. In criminal law,
doing the act or omitting to do voluntariness comprehends the
the act. occurrence of freedom of action,
intelligence and the fact that the act
Q: What is imprudence? was intentional.

A: it indicates deficiency of action: Q: Do culpable felonies require

failure to take the necessary voluntariness?
precaution to avoid injury to person or
damage to property. Usually involves A: Yes!
lack of skill.
Q: May a crime be committed even
Q: What is negligence? without intent?

A: it indicates deficiency of A: Criminal intent is not necessary in

perception, failure to pay attention
and to use diligence in foreseeing the
injury or damage impending to be
caused. Usually involves lack of
foresight.
Illustration
A motorist drove his car at a speed
of 100kph in the middle of Maharlika
these cases.
1. When the crime is the product
of culpa or negligence, reckless
imprudence, lack of foresight or
lack of skill;
2. When the crime is prohibited
act under a special law or what
is called malum prohibitum.
Q: What is intent?
A: Intent refers to the used of
particular means to effect the desired
results. Intent is a mental state, the
existence of which is demonstrated by
the overt act of a person.
Q: What are the categorized of
criminal intent in criminal law?
A:
1. General criminal intent- it is
presumed from the mere doing
of a wrong act. This does not
require proof. The burden is
upon the wrong does to prove
that he acted without such
criminal intent.
2. Specific criminal intent- it is not
presumed because it is an
ingredient or element of a
crime, like intent to kill in the
crimes of attempted or
frustrated homicide /parricide
/murder .the prosecution has
the burden of proving the
same.
Q: What is motive?
A: A motive is the reason or moving
power which impels one to commit an
act for a definite result .
Illustration
A shoot B to death
Q: What was the intent of A?
A: His intent was to kill
Q: What was the motive of A in killing
B?
A: His motive may be its anger,
revenge, jealousy, etc.
Q: Is motive determinant of criminal
liability?
A: No, motive alone will not bring
about criminal liability because the
RPC requires that there must be an
overt act or an omission. When there is
motive in the commission of a crime, it
always comes before intent.
Illustration
In a murder case, the intent to kill Is
demonstrative by the use of lethal
weapon; whereas, motive may be
vengeance.
Q: What are the distinction between
motive and intent?
A:
motive Intent
It is the moving It refers to the use
power which of a particular
impels a person to means to achieve
act for a definite the desired result.
result.
A crime may be It is an ingredient
committed of dolo or malice
without motive. It and thus, an
is not an element element of
of the crime. deliberate
felonies.
Is essential only Is essential in
when the identity intentional
of the perpetrator felonies.
is in doubt.
Q: When motive is relevant/ material
in determining the criminal agency?
A: Motive is material when:
 1. When there is doubt as to the
identity of the assailant;
2. In ascertaining the truth
between two antagonistic
theories or version of the killing;
3. Where the identification of the
accused proceeds from an
unreliable source and the
testimony in inconclusive and
not free from doubt;
4. When there are no eye witness
to the crime and where
suspicion is likely to fall upon
number of persons;
5. If the evidence is merely
circumstantial.
Q: What are the factors that affect
intent?
A:
1. Mistake of fact
2. Aberratio ictus
3. Error in personae
4. Praetor intentionem
5. Proximate cause
Q: What is mistake of fact?
A: Mistake of fact is misapprehension
of fact on the part of the person who
causes injury to another. He is not
however, criminally liable, because he
did not act with criminal intent.
Q: What is meant by ignorantia legis
non excusat?
A: It means ignorance of the law
excuses no one from compliance
therewith.
Q: What is meant by ignorantia facti
non excusat?
A: It means ignorance or mistake of
fact relieves the accused from
criminal liability.
Q: What are the requisites of mistake
of fact as a defense:
A: The following are the requisites of
mistake of fact as a defense.
1. The act done would have been
lawful had the fact been the
accused believed them to be;
2. That the intention of the
accused in performing the act
should be lawful;
3. That the mistake must be
without fault or carelessness on
the part of the accused.
Illustration
Ah Chong was a cook in fort Mckinly
.He was afraid of bad elements, one
evening before going to bed .He
locked himself in his room by placing a
chair against the door .he called out
twice ,who is there ?but received no
answer ,fearing that the intruder is a
robber, he leaped from his bed and
called out again ,if you will enter the
room ,i will kill you ,but at that precise
moment ,He was struck by the chair
that had been placed against the
door ,and believing that he was
attacked ,he seized a kitchen knife
and struck and fatally wounded the
intruder who turn out to be his
roommate.
Q: Is ah Chong liable for the death of
his roommate?
A: A Chong is not liable for the death
of his roommate because of mistake
of fact.
Q: what is the reason why Ah Chong
killed the intruder?
A: because he believed that the
intruder was inside his room in the dark
to kill him, and therefore he had to kill
him first.
Q: Suppose what he believed turned
out to be true an intruder in the middle
of the night enters his room to kill him
first is he liable?
A: Of course not, because of self
defense meaning if you believe it to
be true, you are not liable so the first
element is there.
Q: What was the intention of Ah Chong
in killing that man?
A: the intention is lawful to act in self
defense to protect his life and limb
Q: Was he careless? Did he just
immediately stab the person when the
latter entered the room?
A: No, in fact Ah Chong asked who he
was and even gave him warnings not
to enter the room Ah Chong would kill
him .and it was dark, so how he can
he determine whether the intruder
was his roommate or not in other
words ,the element of intent and
culpa were all negated
Q: When is there a deceit?
A: There is a deceit when the act is
performed with deliberate intent and
there is a fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
CRIMINAL LIABILITY
(Art 4)
ARTICLE 4: Criminal liability shall be
incurred:
1. By any person committing a
felony (delito) although the
wrongful act done be different
from that which he intended.
2. By any person performing an
act which would be an offense
against person or property were
it not for the inherent
impossibility of its
accomplishment or on account
of the employment is
inadequate or ineffectual.
Q: How is criminal liability incurred?
A:
1. By any person committing a
felony (delito) although the
wrongful act done be different
from that which he intended
2. By any person performing an
act which would be an offense
against person or property,
were it not for the inherent
impossibility of its
accomplishment or on account
of the employment of
inadequate or ineffectual
means.
Q: What situations are contemplated
under the first paragraph of Art 4
wrongful act done be different from
that what was intended?
 1. Aberration ictus or mistake in latter. (People vs. mabagat 51 Phil
the blow 967).
2. Error in personae or mistake in
identity Q: What is error in personae or mistake
3. Praetor intentionem or where in the identity?
the consequence exceeded
the intention. A: Error in personae involves only one
offended party but the offender
Note: the three enumerated situations committed a mistake in ascertaining
are always the result of an intended the identity of the victim.
felony, hence, dolo. These situations
do not arise out of criminal Illustration
negligence.
In case, a defendant went out of the
Q: What is aberratio ictus (mistake in house with the intention of assaulting
the blow)? Dunca, but in the darkness of the
evening , defendant mistook ,
A: Aberratio ictus, the offender intends Mapudol for Dunca and inflicted
the injury on one person but the harm upon him a mortal wound with a bolo.
fell on another. There are three In this case, the defendant is criminally
persons present when the felony is liable for the death of Mapudul. In this
committed; the intended victim, and case the defendant is criminally liable
the actual victim. for the death of Mapudul.

NOTE: Aberratio ictus generally gives Q: Distinguish aberratio ictus from error
rise to a complex crime. in personae.

This being so the penalty for the more A:

serious crime is imposed in the ABERRATIO ICTUS ERROR IN
maximum period. PERSONAE
A person directed the victim
The only time the when a complex the blow at an actually received
crime may not result in aberratio ictus intended victim, the blow, but he
is when one of the resulting felonies is but because of was mistaken for
a light felony. poor aim, that another who was
blow landed on not at the scene
Illustration somebody else. of the crime.

Where the accused, having the offender, the There are only
discharged his firearm at Juana Buralo intended victim two persons
but because of lack of precision, hit as well as the present in error in
and seriously wounded Perfecta actual victim are personae – the
Buralo. It was held that the accused all at the scene of actual but
was liable for the injury caused to the
the crime. unintended victim A: It presupposes that the act done is
and the offender. the proximate cause of the resulting
It generally gives The provisions of felony. It must be the direct, natural
rise to a complex Art. 49 applies in and logical consequence of the
crime. This being error in personae, felonious act.
so, the penalty for that is, the
the more serious penalty for the Q: What is a proximate cause?
crime is imposed lesser crime will be
in the maximum the one A: Proximate cause is that because
period. which in natural and continuous
sequence, unbroken by any efficient
and intervening cause, produces the
Q: What is praeter intentionem ? injury, and without which the result
would not have occurred
A: The injurious result is greater than
that intended. Illustration

Illustration At about 2.00 o’clock in the morning

Where the accused without intent to
kill , struck the victim with his fist on the
back part of the head from behind ,
causing the victim to fall down with his
head hitting the asphalt pavement
and resulting the fracture of his head.
It was held that the accused was
liable for the death of the victim,
although he had no intent to kill said
victim.
NOTE: There must be a notable
disparity between the emans
employed and the resulting felony.
Praeter intentionem is a mitigating
circumstances particularly covered by
paragraph 3 of article 13.
Q: What does article 4, paragraph 1-
criminal liability shall be incurred by
any person committing a felony
although the wrongful act done be
different from that which he intended
while the bus was running very fast on
a highway, one of the front tires burst
and the vehicle began to zigzag until
it fell into canal and turned turtle four
of its passengers could not get out of
the overturned bus it appeared that
as the bus overturned, gasoline began
to leak from the tank on the side of
the chassis, spreading over and
permeating the body of the bus and
the ground under and around it.
about ten men ,one of them carrying
a lighted torch ,approached the
overturned bus to help those left
therein ,and almost immediately a
fierce fire started ,burning the four
passengers trapped inside it .it was
held that the proximate cause of the
death of the four passengers was the
overturning of the bus.
Q: Is proximate cause the same as
immediate cause?
A: A proximate cause is not
necessarily the immediate cause. This
may be a cause which is far and
remote from the consequence which
sets into motion other causes which
resulted in the felony.
As long as the act of the accused
contributed to the death of the victim
is about to die, he will still be liable for
the felonious act of putting to death
that victim.
Proximate cause does not require that
the offender needs to actually touch
the body of the offended party. It is
enough that the offender generated
in the mind of the offended party the
belief that made him risk himself.
Illustration
X and Y are crew members of cargo
vessel. They had a heated argument.
X with a big knife in hand threatened
to kill Y. the victim Y, believing himself
to be in immediate peril, threw himself
into the water. X died of drowning. In
this case, Y is liable for homicide for
the death of Y.
Even if other causes cooperated in
producing the fatal result as long as
the wound inflicted is dangerous, that
is, calculated to destroy or endanger
life, the actor is liable.
It is important that there be no
efficient intervening cause
Q: What circumstances are
considered for death to be presumed
to be the natural consequence of the
physical injuries inflicted?
A:
1. That the victim was in normal
condition at the time the
physical injuries were inflicted.
2. That the death may be
expected from the physical
injuries inflicted
3. That the death ensued within a
reasonable time.
IMPOSSIBLE CRIME
Art 4 par. 2
Q: What is an impossible crime?
A: An impossible crime is an act which
would be an offense against person or
property, were it not for the inherent
impossibility of its accomplishment or
on account of the employment is
inadequate or ineffectual.
Q: What is the penalty for impossible
crime?
A: The penalty for impossible crime is
arrestor mayor or a fine ranging from
200 to 500 pesos.
Q: What are the requisites of an
impossible crime?
A:
1. That the act performed would
be an offense against persons or
property;
2. That the act was done with evil
intent;
3. That its accomplishment is
inherently impossible or that the
means employed is either inadequate
or ineffectual;
4. That the act performed should
not constitute a violation of another
provision of the Revised Penal Code.

Q: What is the essence of impossible
crime?
A: The essence of an impossible crime
is the inherent impossibility of
accomplishing the crime or the
inherent impossibility of the means
employed to bring about the crime.
Q: What is inherent impossibility?
A: Inherent impossibility means that
under any and all circumstances, the
crime could not have materialized.
A:
1. To teach him a lesson because
of his criminal propensity.
Although objectively, no crime is
committed, but subjectively, he
is criminal.
2. To suppress criminal propensity
or criminal tendencies
NOTE: It is principle in criminal law that
the offender will only be penalized for
an impossible crime if he cannot be
punished under some other provision
of the RPC .an impossible crime is a
crime of last resort.

Q: What are the two kinds of inherent Employment of inadequate means –

impossibility? eg. small quantity of poison which is
inadequate to kill a person.
A:
1. Legal impossibility, which Employment of inefficient means e.g
occurs where the intended acts, even accused fired a gun, not knowing that
if completed would not amount to a it is empty.
crime.
Q: A, who wanted to kill B, looked for
Examples: him. When A saw B, he found that B
was already dead. To satisfy his
a. Killing a dead person. grudge, A stabbed B in his breast
b. Stealing a property that turned three times with a knife. Is this an
out to be owned by the stealer. impossible crime?

2. Physical impossibility, where A: No, because A knew that B was

extraneous circumstances unknown to already dead when he stabbed the
the accused prevent the lifeless body. There was no evil intent
consummation of the intended crime. on the part of A, because he knew
that he could not cause an injury to B,
Example: even subjectively, he was not a
criminal.
a. Pick pocketing an empty
wallet. Q: A, with intent to gain, took a watch
from the pocket of B. When A had the
Q: What is the purpose of punishing an watch in his possession, he found out
impossible crime? that it was the watch which he had lost
a week before .in other words. The
watch belonged to A. Is this an
impossible crime?
A: It is believed that it may be an
impossible crime. The act performed
would have been theft had the watch
been the property of B. but there is
legal impossibility of accomplishing it,
because in theft, the personal
property taken must belong to
another.
Q: A determine to poison B, uses a
small quantity of arsenic by mixing it
with the food given to B, believing that
the quantity employed by him is
sufficient but since in fact it is not
sufficient B is not killed. What crime
was committed by A?
A: The crime committed by A was
impossible crime because the act
performed by him would have been
murder, but the means employed is
inadequate to kill a person.
Q: Buddy always resented his
classmate, Jun one day, Buddy
planned to kill Jun by mixing poison in
his lunch. Not knowing where he can
get poison, he approaches another
classmate. Jerry to whom he disclosed
his evil plan because he himself
harboured resentment, towards Jun,
Jerry gave Buddy a poison, which
Buddy placed on Jun’s food. However,
Jun did not die because, unknown to
both Buddy and Jerry, the poison was
actually powdered milk .what crime or
crimes, if any, did jerry and buddy
commit?
A: Jerry and Buddy are liable for the so
called impossible crime because with
intent to kill they tried to poison Jun
and thus perpetrate Murder, a crime
against persons. Jun was not poisoned
only because they would be killers
were unaware that what they mixed
with the food of Jun was powdered
milk, not poison. In short, the act done
with criminal intent by Jerry and
Buddy, would have constituted a
crime against persons were it not for
the inherent inefficacy of the means
employed. Criminal liability is incurred
by them although no crime resulted,
because their act of trying to poison
Jun is criminal.
Q: Joy and Tarabusaw were lovers.
Tarabusaw was willing to marry Joy
except that Tarabusaw was already
married. Tarabusaw thought of killing
his wife Angel. He prepared her
breakfast every morning and every
morning. She placed a little dosed of
arsenic into the breakfast of the wife
including the poison but nothing
happened to the wife because of the
volume of the household chores that
the wife had to attend daily. She
developed a physical condition that
render her so strong and resistance to
any kind of poisoning .so the amount
of poison applied to her breakfast has
no effect to her. Is there an impossible
crime?
A: No impossible crime is committed
because the fact itself stated that
what prevented the poison from
taking effect is the physical condition
of the woman .so it implies that if the
woman was not of such physical
condition, the poison would have
taken effect. Hence, it is not inherently
impossible to realize the killing. The
crime committed is frustrated
parricide.
ARTICLE 5: Duty of court in connection
with act which should be repressed
but which are not covered by law,
and in cases of excessive penalties -
whenever a court has knowledge of
any act which it may deemed proper
to repress and which is not punishable
by law, it shall render the decision and
shall report to the chief executive,
through the department of justice, the
reasons which induce the court to
believe that said act should be made
the subject of penal legislation.
In the same way the court shall
submit to the chief executive, through
the Department of Justice, such
statement as may be deemed proper,
without suspending the execution of
sentence, when strict enforcement of
the provision of this code would result
in the imposition of a clearly excessive
penalty .taking into consideration the
degree of malice and the injury cause
by the offense.
Q: What are the requirements of Art 5,
par.1?
A:
1. The act committed by the
accused appears to be not
punishable by any law
2. But the court deems it proper to
repress such act
3. In that case, the court must
render the proper decision by
dismissing the case and
acquitting the accused
4. The judge must then make a
report to the chief executive,
through the secretary of justice,
stating the reasons which
induce him to believe that the
said act should be made the
subject of penal legislation.
Q: What does the first paragraph of
article 5 mean? Suppose a person is
accused in court criminally and it
turned out that the act is not a crime
.meaning there is no law that penalize
his act, what should the court do?
A: The court should render the proper
decision.
Q: What is the proper decision?
A: That is dismissing the case or
acquitting the accused, how can you
convict a person when there is no
existing crime NULLUM CRIMEN NULLA
POENE SINE LEGE but the court should
inform the executive branch that it
should recommend the passage of
the law. Sometimes, it happens that
you commit an act which appears to
be immoral and illegal, but there is no
governing law so you now
recommend that a new law be
passed .this is cover the loophole in
the law.
Q: Why should the judge dismiss?
A: In the absence of a law that will
punish the accused the judge cannot
impose a penalty because the duty of
the judge is only to interpret or apply
the law, the judge cannot reprimand
or curse the accused because it
would equate to public censure the
reprimand would be inconsistent with be excessive (People vs. Monleon
the acquittal. ,No.L 36282,Dec,10.1976,74 SCRA
263,269)
Q: What are the requirements of Art 5,
par. 2? ARTICLE 6: Consummated, frustrated
and attempted, are punishable.
A:
1. The court after the trial finds the A felony is consummated when all
accused guilty; the elements necessary for its
2. The penalty provided by law execution and accomplishment are
and which the court imposes for present; and it is frustrated when the
the crime committed appears offender performs all the acts of
to be clearly excessive, execution which would produce the
because: felony as a consequence but which
a. The accused acted with lesser nevertheless do not produce it by
degree of malice, and/ or reason of causes independent of the
b. There is no injury or the injury or will of the perpetrator.
the injury cause is lesser gravity.
3. The court should not suspend There is an attempt when the
the execution of the sentence; offender commences the commission
4. The judge should submit a of a felony directly by overt acts, and
statement to the chief does not perform all the acts of
executive, through the execution which should produce the
secretary of justice, felony by reason of some cause or
recommending executive accident other than his own
clemency. spontaneous desistance.

Illustration Q: What are the classifications of

felonies according to the stages of
In a case where the accused their execution?
maltreated his wife in his inebriated
state, because she prevented him A:
from whipping their negligent son ,and 1. Consummated
the maltreatment inflicted by the 2. Frustrated
accused was the proximate cause of 3. Attempted
her death ,the Supreme court applied
Article 5 of the Revised Penal Code Q: What is the purpose of
,considering that the accused had no classification?
intent to kill his wife and that her death
might have been hastened by lack of A: To bring about a proportionate
appropriate medical attendance or penalty and equitable punishment.
her weak constitution .the penalty of
reclusion Perpetua ,prescribed by law The penalties are graduated
for the crime committed ,appears to according to their degree of severity.
The stages may not apply to all kinds
of felonies. There are felonies which do
not admit division.
Q: What are the crimes that do not
admit of division?
A: Formal crime- which are
consummated in one instance. Do not
admit division.
E g. physical injury and oral
defamation.
Q: What crimes do not admit of
frustrated stage?
A: They are those which by the
definition of a frustrated felony, the
offender cannot possibly perform all
the acts of execution to bring desired
result without consummating the
offense.
Examples:
1. Rape- since the gravamen of
the offense is carnal knowledge,
hence no matter how slight the
penetration, the felony is
consummated.
2. Indirect bribery- because it is
committed by accepting gifts
offered to the public officers by
reason of his office .if he does
not accept, it is consummated.
3. Corruption of public officer-
because the offense requires
the concurrence of the will of
both parties, such as that when
the offer is accepted, the
offense is consummated but
when the offer is rejected the
offense is merely attempted.
4. Adultery- because the essence
of the crime is social congress
5. Physical injury- since it cannot
be determined whether the
injury will be slight, less serious, or
serious unless and until
consummated.
Q: What are the phases of felony?
A:
1. Subjective phase- it is that
portion of the acts constituting the
crime, starting from the point where
the offender begins the commission of
the crime to that point where he has
still control over his acts, including their
natural course. If between these two
points the offender is stopped by any
cause outside of his own voluntary
desistance, the subjective phase has
not been passed and it is an attempt.
If he is not so stopped but continue
until he performs the last act, it is
frustrated, provided the crime is not
produced. The acts then of the
offender reached the objective phase
of the crime.
2. Objective phase- results of the
act of execution, that is, the
accomplishment of the crime.
NOTE: If the subjective and objective
phase is present, there is
consummated felony.
Q: When is a felony consummated?
A: A felony is consummated when all
elements necessary for its execution
and accomplishment are present.
Illustration
 I placed a wallet on a table inside a
room .A stranger comes inside the
room, gets the wallet and puts in his
pocket. I suddenly started searching
him and I found the wallet inside his
pocket .the crime of theft is already
consummated because he already
acquired complete control of my
wallet. This is so true when he removed
from the confines of the table .He can
exercise his will over the wallet
already. He can drop this on the floor
etc. but as long as the wallet remains
on the table .the theft is not yet
consummated .there can only be
attempted or frustrated theft. If he
started lifting the wallet it is frustrated.
If he is on the act of trying to take the
wallet or place it under it is,
attempted.
NOTE: there is no more frustrated theft.
Q: When is a felony frustrated?
A: A felony is frustrated when the
offender performs all the acts of
executions which would produce the
felony as a consequence but which
nevertheless, do not produce it by
reason of causes independent of the
will of the perpetrator.
Q: What are the elements of frustrated
felony?
A:
1. The offender performs all the
acts of execution
2. All the act performed would
produce the felony as a
consequence
3. But the felony is not produced
4. By the reason of causes
independent of the will of the
perpetrator.
Illustration
Q: Suppose I shot A but the gun
jammed is that attempted or
frustrated?
A: This is attempted, how can A die
when I did not even hit him .the
jamming of the gun is an accident
other than my own spontaneous
desistance.
Q: Suppose I shot A but because of
poor aim, he was not hit. What is that?
A: that is still attempted how he can
die unless I hit him so; my poor aim is
the cause other than my own
spontaneous desistance.
Q: Suppose I hit him but the wound is
not really fatal so, he did not die, is it
attempted or frustrated?
A: It is still attempted because I have
not performed all the act of execution
How can A die without a fatal wound
.So until the offender inflicts a fatal
wounds which could normally kill .it
can rightfully claimed that the
offender has not performed all the
acts of execution which would
produce the felony as a consequence
.
But suppose the offender with the
use 45 calibre pistol, shot the victim in
the head blowing off his brain hit him
in his chest blasting his heart and still
another shot blasting his liver then the
victim was rushed to a hospital
Because of modern apparatus, he
was able to survive this modern
science is the cause independent of
the will of the perpetrator I did
everything to kill him definitely, i have
performed all the acts of execution He
is supposed to be dead by now .that is
frustrated.
Q; When is felony attempted?
A: There is an attempt when the
offender commences the commission
of a felony directly by overt acts, and
does not perform all the acts of
execution which should produce the
felony by reason of some cause or
accident other than his own
spontaneous desistance.
Q: What are the elements of
attempted felony?
A:
1. The offender commences the
commission of the felony
directly by overt act.
2. He does not perform all the act
of the executions which should
produce the felony
3. The non-performance of all
acts of the execution was due
to a cause or accident other
than the offender’s own
spontaneous desistance.
Illustration
1. Directly by overt act
The law requires that the offender
commences the commission of felony
directly by overt acts.
Only offenders who personally
execute the commission of a crime
can be guilty of attempted felony .the
word directly suggest that the
offender must commence the
commission of the felony by taking
direct part in the execution of the act.
Thus if A induced B to kill C but b
refused to do it, A cannot be held
liable for attempted homicide,
because, although there was an
attempt on the part of A, such an
attempt was not done directly with
physical activity .the inducement
made by A to B is in nature of a
proposal not ordinarily punished by
law.
But if B, pursuant to his agreement
with A, commenced the commission
of the crime by shooting C with intent
to kill but missed and did not injure C,
both A and B are guilty of attempted
felony because conspiracy ,when
there is conspiracy ,the rule is the act
of one is the act of all.
2. Does not perform all the acts of
execution
If the offender has performed all
the acts of execution -nothing more is
left to be done - the stage of
execution is that of a frustrated felony,
if the felony is not produced, or
consummated, if the felony is
produced.
If anything yet remained for him
to do, he would be guilty of an
attempted crime.(US vs. Eduardo ,36
Phil.209)

Thus ,as in the case of People vs
Lamahang, when the accused ,for
the purpose of entering the dwelling
of another broke one board and
unfastened another from the wall but
before the court could start entering
the through the opening thus created
he was arrested by the policeman
,the crime committed was only
attempted trespass to dwelling
,because there was something yet for
him to do ,that is, to commence
entering the dwelling through the
opening in order to perform all the act
of execution.
3. By reason of some cause or
accident
In attempted felony, the
offender fails to perform all the acts of
execution which should produce the
felony because of some cause or
accident.
Example:
CAUSE
A picked the pocket of B ,inside of
which there was a wallet containing
P50.00.00 Before A could remove it
from the pocket of b, the latter
grabbed A's hand and prevented him
from taking it. In this case, A failed to
perform all the acts of execution, that
is taking the wallet, because of a
cause, that is the timely discovery by B
of the overt act of A.
ACCIDENT
A aimed his pistol at B to kill the
latter, but when he pressed the trigger
it jammed and no bullet was fired
from the pistol.
4. Other than his own spontaneous
desistance
If the actor does not perform all the
acts of execution by reason of his own
spontaneous desistance, there is no
attempted felony .the law does not
punish him
REASON
It is a sort of reward granted by law
to those who, having one foot on the
verge of crime heed the call of their
conscience and return to the path of
righteousness.
Example:
One who take part in planning a
criminal act but desist in its actual
commission is exempt from criminal
liability .For after taking part in the
planning ,he could have desisted from
taking part in the commission of the
crime by listening to the call of his
conscience (People vs. Villacorte ,No
L-21860 ,Feb 28,1974,55 SCRA 640,654)
The desistance should be made
before all the acts of execution is
performed
A stole a chicken under the house
of b one evening, realizing that what
he did was wrong, A returned the
chicken to the place under the house
of B. since the crime of theft was
already consummated, the return of
the stolen property does not relieved
A of criminal responsibility .A had
already performed all the acts of
execution which produced the crime
of theft before he returned the
chicken.
Q: What are overt acts?
A: Overt act is some physical activity
or deed, indicating the intention to
commit a particular crime , more than
a mere planning or preparation ,
which if carried to its complete
termination fallowing its natural
course, without being frustrated by
external obstacle nor by the voluntary
desistance of the perpetrator, will
logically and necessarily ripen into a
concrete offense.
Q:When felony is deemed
commenced by overt act?
A: Felony is deemed commenced by
overt acts when the following are
present:
1. That there be external acts
2. Such external act have direct
connection with the crime
intended to be committed
Q: What are the distinction between
preparatory acts and overt acts?
A: If A bought a poison from the
drugstore, in preparation for the killing
of B by means of poison, such act is
only a preparatory act. It is not an
overt act, because it has no direct
connection with the crime of murder
which A intended to commit. The
poison purchased may be used by A
to kill rats or insects. Hence, the act of
buying a poison did not disclose
necessarily an intention to kill a person
with it.
But if A mixed the poison with the food
intended for B, and the latter not
knowing that it contained poison, put
into his mouth a spoonful thereof, the
act of A was more than a mere
planning or preparation for the
commission of murder. The buying of
poison and mixing it with the food of B
who latter put into his mouth part
thereof to eat it , taken together,
constituted the overt acts of murder
.the nature of the external act thus
performed by A clearly indicated that
he intended to commit the crime of
murder . if some reason or another ,B
threw away the food with poison from
his mouth, A is liable for attempted
murder.
Q: What is desistance?
A: Desistance is the act which would
negate criminal liability when made
during attempted stage
Desistance is true only in attempted
stage.
When the cause of non-performance
of all the acts necessary for the
commission of the offense is other
than the offenders spontaneous
desistance the felony is attempted.
Q: What is an indeterminate offense?
A: Indeterminate offense is one where
the purpose of the offender in
performing an act is not certain the
accused may be convicted for a
felony defined by acts performed by
him up to the time of desistance.
Q: What are the two kinds of
desistance?
A:
1. Legal desistance – the
desistance to in law which
would obviate criminal liability
unless the overt or preparatory
act already committed in them
constitute a felony other than
what the actor intended. The
desistance is made during the
attempted stage.
2. Factual desistance - actual
desistance of the actor which is
made after the attempted
stage of the crime .the actor is
still liable for the attempt.
Q: What are the two stages in the
development of the crime?
A:
1. Internal acts –
a. such as mere ideas in the
mind of the person
b. not punishable
2. External acts cover –
a. Preparatory acts - ordinarily
not punished except when
considered by law as
independent crimes (e g Art
204 preparation of picklocks
and similar tools.)
b. acts of execution – gasoline under the house and the
punishable under the RPC
c. Attempted stage – marks the
commencement of the
subjective phase
d. Frustrated stage- the end
thereof and the start of the
objective phase.
Q: What are the criteria involved in
determining the stage (whether it be in
attempted, frustrated or
consummated stage) of the
commission of felony.
A:
1. the manner of committing the
crime
2. the elements of the crime
3. the nature of the crime itself
Illustration
1. Nature of the crime
Arson(320 -326) In arson ,it is not
necessary that the property is totally
destroy by fire .the crime of arson is
therefore ,consummated even if only
a portion of the wall or any other part
of the house is burned ,the
consummation of the crime of arson
does not depend upon the extent of
the damage caused.
When a person had poured
gasoline under the house of another
and was about to strike a match to set
the house on fire when he was
apprehended, He was guilty of
attempted arson .the acts performed
by him are directly connected with
the crime of arson, the offense be
intended to commit .the pouring of
striking of the match could not be for
any other purpose.
2. Elements constituting the felony
In theft, the crime is
consummated when the thief is able
to take or get hold of the thing
belonging to another, even if he is not
able to carry it away in estafa, the
crime is consummated when the
offended party is actually damaged
or prejudiced
Theft - A custom inspector abstracted
a leather belt from the baggage of
Japanese and secreted it in the
drawer of his desk in the custom house
.where it was found by other custom
employees. the court of first instance
convicted him of frustrated theft .the
supreme court considered it
consummated theft ,because all
elements necessary for its execution
and accomplishment were all present
(US vs. Adiao,38 Phil 754).
Actual taking with intent to gain of
personal property belonging to
another, without the latter consent, is
sufficient to constitute consummated
theft it is not necessary that the
offender carries away or appropriate
the property taken.
Estafa- Defendant was a salesman of
the Philippine Education Company
,after He had received P7:50 for the
sale of the books ,which he should
have given to the cashier ,he put it
inside his pocket with intent to
misappropriate the amount Held, this
is frustrated estafa (US vs.
Dominguez,41 Phil 408)
The accused performed all the
acts of execution .However ,the crime
was consummated as there was no
damage caused in view of the timely
discovery of the felonious act .in this
kind of estafa the elements of 1.abuse
of confidence and 2 damage to the
offended party must concur.
3. Manner of committing the crime
a. Formal crimes- consummated in
one instant, no attempt there are
crimes, like slander and false
testimony, which are consummated in
one instant, by a single act these are
formal crimes.
b. Crimes consummated by mere
attempt or proposal or by overt act
flight to enemy country (Art 112) - in
this crime the mere attempt to flee to
an enemy country is a consummated.
c. Corruption of minors- (Art 340) -
A mere proposal to the minor to satisfy
the lust of another will consummate
offense.
d. Felony by omission - there can
be no attempted stage when the
felony is by omission, because in this
kind of felony the offender does not
execute acts .He omits to perform an
act which the law require him to do.
But killing a child by starving him,
although apparently by omission, is
in fact by commission.
e. Crimes requiring the intervention
of two persons to commit them are
consummated by mere agreement -
in those crimes, like betting in sport
contest and corruption of public
officer (Art 197 and Art 212) which
require the interventions of two
persons to commit them, the same
are consummated by mere
agreement. The offer made by one of
the parties to the other constitutes
attempted felony, if the offer is consummated crime of rape (People
rejected (US vs. Basa ,8 Phil .89) vs. Hernandez, 49 Phil. 980, 982)

In view of the rule stated .it • Attempted rape- the accused

would seem that there is no frustrated placed him on the top of a woman,
bribery (corruption of public officer) and raising her skirt in an effort to get
But in the case of People vs. that his knees between her legs while his
where the defendant fails to corrupt a hands held her arms firmly,
public officer, because the latter endeavoring to have a sexual
returned the money given by the intercourse with her, but not
defendant, the crime committed is succeeding because the offended
frustrated bribery (corruption of public party was able to extricate herself and
officer) under Art, 212 in relation to Art to run away, Held attempted Rape.
6.
Q: What are the distinctions between
In the case of (US vs. The Tong Phil, attempted, frustrated and
453) where the roll of bills amounting consummated felony?
to P500.00 was accepted by the
police officer for the purpose of using A:
the same evidence in the prosecution Attempted Frustrated Consumm
of the accused for attempted bribery ated
(attempted corruption of public Offender Offender Criminal
officer) it was held that the accused has not has not purpose
which delivered the money was guilty accomplish accomplish was
of attempted bribery. ed the ed the accomplis
criminal criminal hed.
f. Material crimes-there are three purpose. purpose.
stages of execution - Thus, homicide, Offender Offender Offender
rape, etc., are not consummated in merely has has
one instant or by a single act. These commence performed performed
are the material crimes: s the all the acts all the
commission of acts of
• Consummated rape- the of the crime execution execution
accused lay on the top of the girl nine directly by which which
years of age for over fifteen minutes. overt acts. would would
The girl testified that there was partial produce produce
penetration of the male organ in her the felony the felony
private parts and that she felt intense as a as a
pain held. Entry of the labia or lips of consequen conseque
the female organ without rupture of ce. nce.
the hymen or laceration of the vagina What What The felony
is generally held sufficient to warrant prevented prevented was
conviction of the accused for the the produced
accomplish accomplish as a Q: Who are liable for light felonies?
ment is the ment is the conseque
intervention intervention nce of the A: Only the principals and the
of certain of certain act of the accomplice are liable in light felonies
cause or cause or offender.
accident accident Q: What are the light felonies punished
which the which the by the Revised Penal Code?
offender offender
had no had no A:
part. part. 1. Theft
Offender Offender Subjective 2. Alteration of boundary marks
has not has and 3. Malicious mischief
passed the reached objective 4. Intriguing against honor
subjective the phase are 5. Slight physical injuries
phase objective present
phase ARTICLE 8: Conspiracy and proposal to
commit felony — Conspiracy and
ARTICLE 7: When light felonies are proposal to commit felony are
punishable- light felonies are punishable only in the cases in which
punishable only when they have been the law specially provides a penalty
consummated, with the exception of therefor.
those committed against persons or
property. A conspiracy exists when two or more
persons come to an agreement
Q: What are light felonies? concerning the commission of a
felony and decide to commit it. library
A: Light felonies are infraction of law There is proposal when the person
for the commission of which the who has decided to commit a felony
penalty of arresto menor or fine not proposes its execution to some other
exceeding 200 pesos or both is person or persons.
provided.
Q: What is conspiracy?
Q: When are light felonies punishable?
A: Conspiracy exists when two or more
A: persons come to an agreement
concerning the commission of felony
GR- light felonies are punishable only and decide to commit it.
when they are consummated.
Q: What are the requisites of
EXPN: Light felonies are punishable in conspiracy?
all stages when committed against
Person or property. A:
1. That 2 or more persons came to
an agreement
 2. That the agreement pertains to
the commission of a felony.
3. That the execution of the felony
was decided upon.
There must be participation with a
criminal resolution because simple
knowledge thereof by a person may
make him liable as an accomplice.
Q: What are the rules on conspiracy
and proposal?
A:
General Rule: Mere conspiracy or
proposal to commit felony is not
punishable since they are only
preparatory acts.
Exception: in cases in which the law
specially provide a penalty therefor
• RPC specially provides penalty
for mere conspiracy in treason
,rebellion, insurrection, coup d’état,
sedition and monopolies and
combinations in restraint of trade
(tricsm)
Q: What are the distinction between
conspiracy as a felony and
conspiracy as a manner of incurring a
criminal liability?
A: When the conspiracy relates to a
crime actually committed, it is not a
felony but only a manner of incurring
criminal liability, that is, when there is
conspiracy, the act of one the act of
all.
Even if the conspiracy relates to
any of the crimes of treason, rebellion
and sedition, but any of them is
actually committed, the conspiracy is
not a separate offense; it is only a
manner of incurring a criminal liability ,
that is all the conspirator who carried
out their plan and personally took part
in its execution are equally liable. The
offenders are liable for treason,
rebellion or sedition as the case may
be and the conspiracy is absorbed.
When conspiracy is only a manner
of incurring a criminal liability it is not
punishable as separate offense
Illustration
1, A and B agreed and decided to rise
publicly and take arms against the
government with the help of their
followers. Even if they did not carry out
their plan to overthrow the
government, A and B are liable for
conspiracy to commit rebellion.
But if A and B and their followers did
rise publicly and take arms against the
Government to overthrow it, thereby
committing rebellion, their conspiracy
is not a felony .they are liable for
rebellion and their conspiracy is only a
manner of incurring a criminal liability.
Q: What is implied conspiracy?
A: When the conspiracy is just a basis
of incurring criminal liability, it may be
deduced or inferred from the acts of
several offenders in carrying out the
commission of the crime, i. e. when
such acts disclose or show a common
pursuit of the criminal objective.
Q: What are the legal effects of
implied conspiracy?
A:
1. Not all those who are present of
the crime will be considered
conspirator;
2. Only those who participated by
criminal acts in the commission
of the crime will be considered
as co-conspirator.
Note: In order to hold someone
criminally liable, in addition to mere
presence there should be overt acts
that are closely related and
coordinated to establish the presence
of common criminal designed and
community of purpose in the
commission of the crime.
Q: What are composite crimes?
Q: when does proposal exist?
A: Proposal exists when the person
who has decided to commit a felony
proposes its execution to some other
person or persons.
Q: What are the exceptions to
proposal to commit conspiracy?
A:
1. The person who proposes is not
determine to commit the felony
:
2. There is no decided, concrete
and formal proposal.
3. It is not the execution of felony
that is proposed.
Q: What are the distinctions between
conspiracy and proposal to commit a
felony?

A: crimes which in substance consist of A:

more than one crime but in the eyes Conspiracy proposal
of the law, there is only one crime. It exists when two There is proposal
or more persons when the person
Q: What are examples of composite come to an who has decided
crimes? agreement to commit a
concerning the felony proposes its
A: Robbery with homicide, robbery commission of a execution to
with rape, robbery with physical injury, felony and some other
robbery with arson kidnapping with decide to commit person or persons.
homicide. it.
Once the Proposal is true
In case the crime committed is a proposal is only up to the
composite crime the conspirator will accepted, a point where the
be liable for all the acts committed conspiracy arises. party to whom
during the commission of the crime the proposal was
agreed upon unless it is proved that made has not yet
the particular conspirator had tried to accepted the
prevent the commission of such act. proposal.
Conspiracy is Proposal is
bilateral, it unilateral; one
requires two party makes a
parties. proposition to the
other.
ARTICLE 9: Grave felonies, less grave
felonies, and light felonies
Grave felonies- are those to which the
law attaches the capital punishment
or penalties which in any of their
periods are afflictive in accordance
with Article 25 of this code.
Less grave felonies are those to which
the law punishes with penalties which
in their maximum period are
correctional, in accordance with the
above mentioned article
Light felonies are those infractions of
law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is
provided.
Q: What is the importance of
classifying the felonies as to their
severity?
A: To determine:
1. Whether these felonies can be
complexed or not;
2. The prescription of the crime
and the prescription of the
penalty.
Q: What are the classifications of
felonies according to their gravity?
A:
1. Grave- those to which the law
attaches the capital punishment or
penalties which in any of their periods
are afflictive, in accordance with Art
25 of the RPC.
Illustration
A felony punishable by prision
correctional to prision mayor is a
grave felony, because the higher of
the two penalties prescribed, which is
prision mayor (art 71) is an afflictive
penalties
2. Less grave – those which the
law punishes with penalties which in
their maximum period are
correctional, in accordance with Art
25 of the RPC.
Illustration
A felony punishable by arresto
menor to destierro is a less grave
felony, because the higher of the two
penalties prescribed which is destierro,
is a correctional penalty.
3. Light- those infractions of law
for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos or both, is
provided.
Illustration
A felony punishable by a fine not
exceeding P200.00 and censure is a
light felony because public censure,
like aresto menor is a light felony.
Q: Who are liable for grave or less
grave felonies?
A: The principal, accomplice and
even accessories, because the
degree of the penalty to be imposed
depends on 3 factors:
1. Stages of execution
2. The degree of participation
3. The presence of attending
circumstances
Q: What are the afflictive penalties in
accordance with art 25 of the RPC?
A: The following are afflictive
penalties:
1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or temporary
absolute disqualification
4. Perpetual or temporary special
disqualification Prision mayor.
Q: What are the correctional penalties
in accordance with art 25 of the RPC/
A: The following are correctional
penalties.
1. Prision correctional
2. Arresto mayor
3. Suspension
4. Destierro
ARTICLE 10: Offenses not subject to the
provisions of this code - offenses
which are in the future may be
punishable under special laws are not
subject to the provisions of this code
.this code shall be supplementary to
such laws, unless the latter should
specially provide the contrary.
General Rule – Special law are not
subject to the provision of the RPC .the
provisions of the RPC shall only apply
in a supplementary manner to special
law
Exception –
1. when special law provide the
contrary
2. when the provisions of the RPC
are impossible of application,
either by express provision or by
necessary implication.
Illustration
A special law punishes a certain
act as a crime. The special law is silent
as to the civil liability of one who
violates the same Here is a person
who violated the special law and he
was prosecuted his violation caused
damage or injury to a private party
.May the court pronounce that he is
civilly liable to the offended party,
considering that the special law is
silent on this point? Yes because
Article 100 of the Revised Penal Code
may be given suppletory application
to prevent an injustice from being
done to the offended party to. Article
100 states that every person criminally
liable for a felony is also civilly liable
.that article shall be applied
suppletory to avoid an injustice that
would be cause to the private
offended party ,if he would not be
identified for the damages or injuries
sustained by him .
Q: Suppose an act constitutes both as
an ingredient of a crime under the
RPC and a violation of a special law,
can the latter be absorbed by the
former.
A: A crime in the RPC can absorb a
crime punishable by special law if it is
a necessary ingredient of the crime in
the RPC.
However, a violation of a special law
can never absorb a crime punishable
under the RPC because violations of
the RPC are more serious than
violations of a special law.
Illustration no 1
The use of arms is an element of
rebellion, so a rebel cannot be further
prosecuted for illegal possession of
firearms
Illustration no 2
In the crime of sedition, the use of
firearms is not an ingredient of the
crime hence two prosecutions can be
had (1) sedition and (2) illegal
possession of firearms
Q: What are circumstances affecting
criminal liability?
A:
1. Justifying circumstances
2. Excepting circumstances
3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances
There are two others which are found
elsewhere in the provisions of the
Revised Penal Code.
1. Absolutory cause
Absolutory cause has the effect of an
exempting circumstances and it is
predicated on lack of voluntariness
such as instigation.
2. Extenuating cause
The effect of this is to mitigate a
criminal liability of the offender. In
other words, this has the same effect
as mitigating circumstances only you
do not call it mitigating because this is
not found in article 13.
Example:
in cases of infanticide and abortion
concealment of dishonor is an
extenuating circumstance insofar as
the unwed mother and the maternal
grandparents are concerned.
Q: What are examples of absolutory
cause?
A:
1. Spontaneous desistance(art 6)
2. Accessories who are exempt
from criminal liability (art 20)
3. Death or physical injuries
inflicted under exceptional
circumstances(art 247)
4. Persons exempt from criminal
liability for theft swindling and
malicious mischief(art 332)
5. Instigation
NOTE: Entrapment is not an absolutory
cause. A BUY BUST OPERATION
conducted in connection with illegal
drug related offenses is a form of
entrapment
 descendants, or legitimate,
Q: What are the distinction between natural or adopted brothers or
instigation and entrapment? sisters, or his relatives by affinity
in the same degrees and those
A: consanguinity within the fourth
INSTIGATION ENTRAPMENT civil degree, provided that the
A law A person has first and second requisites
enforcement planned, or is prescribed in the next
agent induces an about to commit preceding circumstance are
innocent person a crime and ways present, and the further
to commit a are resorted to by requisite, in case the revocation
crime and would a public officer to was given by the person
arrest him upon or trap and catch attacked, that the one making
after the the criminal. defense had no part therein.
commission of the 3. Anyone who acts in defense of
crime. the person or rights of a stranger
The law Idea to commit provided that the first and
enforcement the crime comes second requisites mentioned in
agent conceives from the offender. the first circumstance of this Art.
the commission of are present and that the person
the crime and defending be not induced by
suggests it to the revenge, resentment, or other
accused evil motive.
An absolutory Not an absolutory 4. Any person who, in order to
cause Cause avoid an evil or injury, does not
act which causes damage to
Art. 11. Justifying circumstances. — another, provided that the
The following do not incur any criminal following requisites are present;
liability: a. That the evil sought to be
1. Anyone who acts in defense of avoided actually exists;
his person or rights provided that b. That the injury feared be
the following circumstances greater than that done to
concur; avoid it;
a. Unlawful aggression. c. That there is no other
b. Reasonable necessity of the practical and less harmful
means employed to prevent means of preventing it.
or repel it. 5. Any person who acts in the
c. Lack of sufficient provocation fulfillment of a duty or in the
on the part of the person lawful exercise of a right or
defending himself office.
2. Anyone who acts in defense of 6. Any person who acts in
the person or rights of his obedience to an order issued
spouse, ascendants, by a superior for some lawful
purpose.
Q: What are justifying circumstances?
A: Those where the act of a person is
said to be in accordance with law,
such that a person id deemed not to
have transgressed the law and is free
from both criminal and civil liability.
1. Self defense
2. Defense of relatives
3. Defense of stranger
4. Avoidance of greater evil and
injury
5. Fulfillment of duty or exercise of
right or office
6. Obedience to an order of a
superior
NOTE: Justifying circumstances are in
the nature of defensive acts hence,
unlawful aggression must always exist
The reasonableness of the means
employed depends on the gravity of
the aggression. If the unlawful
aggressor was killed, this can only be
justified it was done to save the life of
the person defending or the person
being defended. The equation is life
was taken to save life.
Q: What are the difference between
Retaliation and Self defense?
A: Retaliation is different from an act
of self defense, In Retaliation, the
aggression that was begun by the
injured party already ceased to exist
when the accused attacked him. In
self defense, the aggression still existed
when the aggressor was injured or
disabled by the person making a
defense.
Illustration
Thus when a person had inflicted
slight physical injuries on another,
without intention to inflict other injuries,
and the latter attacked the former,
the one making the attacked was an
unlawful aggressor .the attack made
was a retaliation, but where a person
is about to strike another with fist blows
and the latter to prevent or repel the
blows, stabs the former with a knife,
the act of striking with fist blows is an
unlawful aggression which may justify
the use of knife. If the knife is
reasonable means, there is self
defense.
1. SELF DEFENSE
Q: What rights are included in self
defense?
A: Self defense includes not only the
defense of the person or body of one
assaulted but also that of his right, the
enjoyment of which is protected by
law. Thus includes:
1. The right to honor. Hence, a slap on
the face is considered as unlawful
aggression since the face represents a
person and his dignity. It is serious,
personal attack, a physical assault,
coupled with a willful disgrace and it
may, therefore be frequently
regarded as placing in real danger a
person’s and safety .
2. The defense of property can be
invoked as a justifying circumstance
only when it is coupled with an attack
on the person of one with said
property (People vs. Apolinar, C.A.38
O.G.2870)
3. The defense of home-violent entry
to another house at night-time by a
person who is armed with a bolo, and
forcing his way into the house, shows
he was ready and looking for trouble,
and the manner of his entry
constitutes an act of aggression .the
owner of the house need not wait for
a blow before repealing the
aggression, as that blow may prove
fatal (People vs. Mirabiles, 45 O.G. 5th
Supp, 277)
Q: What are the requisites of self
defense?
1. When all the elements are
present- the person defending
himself is free from criminal
liability.
2. When only a majority of the
elements are present –
privileged mitigating
circumstance provided there is
unlawful aggression.
Q: What is unlawful aggression?
A: An attack or a threatened attack
which produces an imminent danger
to the life and limb of the one
resorting to self defense.
Illustration

A: 1. An attack with fist blows may

1. unlawful aggression; imperil one's safety from
2. reasonable necessity of the physical injuries, such an attack
means employed to prevent or is unlawful aggression. (People
repel it; vs. Montalbo, 56 Phil. 443)
3. lack of sufficient provocation on
the part of the person 2. Two persons met in the street
defending himself. .One slapped the face of the
other and the later repelled by
Q: What is the meaning of stand clubbing him and inflicting upon
ground when in rights? him less serious physical injury
Held: the act of slapping
A: The law does not require a person another constitutes unlawful
to retreat when his assailant is rapidly aggression .(Decision of the
advancing upon him with a deadly Supreme court of Spain of
weapon. January 20,1904 People vs.
Roxas,58.Phil.733)
Ratio he run the risk of being attacked
in the back by the aggressor. 3. But a light push on the head
with the hand does not
Q: What are the effects of self constitute unlawful aggression
defense? (People vs. Yuman .61.Phil. 786)
A mere push or a shove, not
A: followed by other acts, does not
constitutes unlawful aggression
 (people vs. Sabio, G.R. No L-
23734.April 26 1967)
4. Foot kick greeting is not unlawful
aggression (People vs. Sabio,19
SCRA 901
Q: What are the types of unlawful
aggression?
A:
1. Actual- that the danger must be
present, that is, actually in
existence.
2. Imminent – which the danger is
on the point of happening. It is
not required that the attack
already begins, for it may be
too late.
NOTE: What justifies the killing of a
supposed unlawful aggressor is that if
the offender did not kill the aggressor
it will be his own life that will be lost.
Q: What factors are taken into
consideration in determining whether
or not the means employed by the
person defending himself is
reasonable?
A: It depends on the following
1. Nature and equality of the
weapon used by the aggression
2. Physical condition, character,
size and other circumstances of
both the offender and the
defender.
3. Place and occasion of the
assault
Perfect equality between the weapon
used by the one defending him and
that of the aggressor is not required or
material commensurability between
the means attack and defense.
Ratio: the person assaulted does not
have sufficient tranquillity of mind to
think and to calculate and to choose
the weapon used.
What the law requires is rational
equivalence?
Q: In what instances can there be lack
of sufficient provocation on the person
defending himself?
A:
1. No provocation at all was given
to aggressor by the person
defending himself.
2. Even if provocation was given, it
was not sufficient
3. Even if provocation was given, it
was not given by the person
defending himself.
4. Even if provocation was given
by person defending himself, it
was not the proximate and
immediate to the act of
aggression.
Illustration
1. No provocation at all.
Thus, when A shot B to death,
because B was running amuck and
with a dagger was rushing towards A
manifestly intending to stab A, there
was no provocation whatsoever on
the part of A the third requisites of self
defense is present.
2. There was provocation but not given by A should be disregarded,
sufficient. because it was not proximate and
immediate to the aggression made by
A, having discovered that B B. In this case, the third requisites of self
had built a part of his fence on A's defense are still present.
land, asked B why he had done so
.this questioned angered B who Q: What are the distinctions between
immediately attacked A. if A would kill self- defense and retaliation?
B to defend himself, the third requisites
of self defense would still be present, A:
because even if it is true that question Self defense Retaliation
of A angered B, thereby making B In self-defense, In retaliation, the
attack A, such provocation is not the unlawful inceptual
sufficient (US vs. Pascua, 28 Phil 222) A aggression still unlawful
had a right to demand explanation existed when the aggression had
why B had built the fence on A's aggressor was already ceased
property. The exercise of a right injured or when the
cannot give rise to sufficient disabled by the accused
provocation. person making attacked him.
the defense.
3. Sufficiency of provocation not
given by the person defending
himself. 2. DEFENSE OF RELATIVES

Note the phrase "on the part
of the person defending himself in the
third requisites of self defense .thus in
the case of People vs. Balansag, 60
Philippines 266, it was held that the
third requisites of self defense was pres
ent, because the provocation proven
at the trial was not given by the
accused but by the brother in law of
the deceased.
Q: Who are relatives that can be
defended?
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted
brothers and sister, or relatives
by affinity in the same degrees
5. relatives by consanguinity within
the fourth civil degree

4. Provocation by the person Q: Who are relatives by affinity and

defending himself not proximate and consanguinity?
immediate to the aggression.
A:
Thus if A slap the face of B Relatives by affinity, because of
one or two days before and B, upon marriage, are parents in law, son in
meeting A ,attacked the latter but law or daughter in law and brother in
was seriously injured when A law or sister in law.
defended himself ,the Provocation
 Relatives by consanguinity-
refers to blood relatives. Brother and
sisters are within the second civil
degree: uncle and niece or aunt and
nephew are within the third civil
degree; and first cousins are within the
fourth civil degree.
Notes: Death of spouse terminates the
relationship by affinity unless the
marriage has resulted in issue who is
still in living, in which case the
relationship of affinity continues
Illustration
Thus, if A acted in defense of the
husband of A's sister in law there is no
defense of relative, because the
relation between A and the husband
of A's sister in law is not one of those
mentioned in paragraph 2 of Article
11 (People vs. Cabellon 51 Phil.846)
The husband of A 's sister in law is a
stranger to A for the purpose of the
law on defense of relatives.
Q: What is the basis of justification?
A: The justification of defense of
relatives by reason of which the
defender is criminally liable ,is founded
in not only upon a humanitarian
sentiment ,but also upon the impulse
of blood which impels men to rush ,on
the occasions of great perils, to rescue
of those close to them by ties of
blood.
Q: What are the requisites of defense
of relatives?
A:
1. Unlawful aggression;
2. Reasonable necessity of the
means employed to prevent or
repel it;
3. In case the provocation was
given by the person attacked
the one making defense had no
part therein.
Illustration
Thus ,Even if A had slapped the
face of B who as a consequence of
the act of A ,immediately
commenced to retaliate by drawing a
knife and trying to stab A ,and C
,father of A ,killed B in defense of his
son ,C is completely justified
,notwithstanding the fact that the
provocation was given by his son A.
But if C had induced his son A to
injure B, thereby taking part in the
provocation made by A ,C would not
be completely justified in Killing B while
the latter was about to stab A,
because the third requisite of defense
of relative is lacking.
Suppose, the person defending his
relative was also induced by revenge
or hatred, would there be a legitimate
defense of relative? As long as the
three requisites of defense of relatives
are present, it will still be a legitimate
defense.
3. DEFENSE OF STRANGERS
Q: Who are deemed stranger?
A: Any person not included in the
enumeration of relatives mentioned in
paragraph 2 of this article, is
considered stranger for the purpose of
paragraph 3. Hence, even a close
friend or a distant relative is a stranger
within the meaning of paragraph 3.
Q: What are the requisites of defense
of strangers?
A:
1. Unlawful aggression
2. Reasonable necessity of the
means employed to prevent or
repel it
3. The person defending be not
induced by revenge,
resentment or other evil motive.
Illustration
1. I am looking for my enemy
because I want to kill him .and then
when I saw him, he was attacking
somebody, so I entered the scene
and killed him. Let us assume these
things are established because these
are matters of evidence. Question Am
I entitled to complete defense of
stranger? Answer: No, because
actually .It was just a coincidence that
my enemy was attacking a stranger
.and since the aggressor was my long
time enemy .it is apparent that I was
induced by revenge resentment, or
evil motive.
2. A was able to deprive B, a
constabulary lieutenant, of his pistol
during the fray. B ordered C, a
constabulary soldier under his
command, to search a for the pistol
.when C was about to approach A to
search him .the latter stepped back
and shot at C who was able to avoid
the shot .When A was about to fire
again at C, D another constabulary
soldier fired at A with his rifle which kill
him. Held D was justified in killing A,
having acted in self defense of
stranger
3. A heard a screams and cries for
help ,when A responded ,He saw B
attacking his (B's) wife with a dagger
,A approached B and struggled for
the possession of the weapon ,in the
course of which a inflicted wounds on
B. Held a acted in defense of a
stranger .
or
Q: What is the principle behind
defense of strangers?
A: Humanitarian reason, what you can
do for yourself, the law allow you to
do it for others, my fellowmen, my
keeper that’s a noble principle.
Q: Who is a stranger?
A: Any person not included in the
enumeration of relatives mentioned
above.
Q: What is the distinction between
defense of relatives and defense of
strangers?
A:
Defense of Defense of
relatives stranger
In defense of In defense of
relatives, even strangers, if the
though the person person making
making the the defense acted
defense acted out out of revenge,
of some evil resentment or
motive, he can some evil motive
still invoke the in killing the
justifying aggressor, he
circumstance, as cannot invoke the
long as he did not justifying
contribute to the circumstance.
unlawful
aggression.
4. AVOIDANCE OF GREATER EVIL OR
STATE OF NECESSITY
Q: What are the requisites of state of
necessity?
A:
1. Evil sought to be avoided
actually exists;
2. Injury feared is greater than that
done to avoid it;
3. There is no other practical and
less harmful means of
preventing it.
Note: The state of necessity must not
have been brought about by the
negligence or imprudence by the one
invoking the justifying circumstances.
Damage to another covers injury to
persons and damage to property.
Illustration
1. The court of appeal applied
paragraph 4 of Article 11 in a case of
slander by deed, a crime against
honor, where the accused (a woman)
who was about to be married to the
offended party eloped with another
man, after the offended party had
made preparation for the wedding,
the court holding that there was
necessity on the part of the accused
of avoiding a loveless marriage with
the offended party, and that her
refusal to marry him and her eloping
with another man whom she loved
were justified and did not amount to
the crime of slander by deed .(People
vs. Norma Hernandez. C.A. 55. O.G.
8465)
2. A person was driving his car on a
narrow road with due diligence and
care when suddenly he saw a six by
six truck in front of his car. If he would
swerve his car to the left he would fall
into a precipice, or if he would swerve
it to the right he would kill a passer-by.
He was force to choose between
losing his life in the precipice and
sacrificing the life of the innocent
bystander .He choose the latter
swerve his car to the right, ran over
and killed the passer by.
Note: the greater evil should be
brought about by the negligence or
imprudence of the actor.
Q: Is there civil liability under
paragraph 4 of Article 11.
A: Although as a rule there is no civil
liability in justifying circumstances, it is
only in paragraph 4 of Article 11
where there is civil liability, but the civil
liability is borne by the person
benefited.
In cases falling under within
subdivision 4 of Article 11, the person
for whose benefit the harm has been
prevented shall be civilly liable in
proportion to the benefit which they
may have received.
5. FULLFILMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT AND OFFICE
Q: What are the requisites of fulfilment
of duty?
A:
1. Accused acted in fulfilment of
duty or in the lawful exercise of
right and office
2. Injury cause or offense
committed is the necessary
consequence of the due
performance of duty or the
lawful exercise of right and
office.
Note: If the police officer acted with
negligence or imprudence in
apprehending the violators of the law,
the justifying circumstances of
fulfilment of duty cannot be invoked
The shooting by guard of escaping
prisoner is always justified.
Illustration
1. Fulfilment of duty
Policeman Delima is tasked
to arrest a dangerous escape convict.
When he tried to apprehend the
convict, the latter fought back with a
sharpened bamboo pole .But the
policeman was able to evade the
attack and the convict turned around
and ran away. Delima chased him,
demanded his surrender but the
convict continued to ran away with
bamboo pole, and so delima had to
shoot him .he was accused of
homicide. Whether or not Delima is
liable Held He is not liable because he
acted in the fulfilment of his duty to
arrest the convict. There was no other
way of apprehending the victim and
the latter show that he was resisting
the arrest. As a matter of fact, He
attacked Delima earlier and even He
was running away. He was taking with
him the bamboo pole. That showed
his determination not to surrender.
There is no other way of catching him
alive and the only way is to kill him.
(People vs. Delima 46 Phil 738)
2. Exercise of right
A picked pocket grabbed A's
expensive watch, he chased him and
in order to prevent him from escaping,
he drew his gun and shot him in the
leg. As a result of which he could no
longer run .A able to recover his
watch but the victim sues A for
physical injuries for the wound that he
inflicted in his leg what will be his
defense? Answer, A's defense is that
he acted in the exercise of a right to
prevent or repel the act of the victim
in getting away his property.
3. Exercise of office
The executioner of the bilibid
prison cannot be held liable for
murder for the execution performed
by him because he was merely acting
in the lawful exercise of his office
A surgeon who amputated the
leg of a patient to save him from
gangrene is not liable for the crime of
mutilation, because he was acting in
the lawful exercise of his office
Q: Is the doctrine of Self-help under
Article 429 of the civil code is
applicable under this paragraph?
A: Yes, the article states that the
owner or lawful possessor of a thing
has the right to exclude any person
from the enjoyment and disposal
thereof .for this purpose, he may use
such force as may be reasonably
necessary to repel or prevent an
actual or threatened unlawful physical
invasion or usurpation of his property.
6. OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE.
Q: What are the requisites of
obedience to an order issued for some
lawful purpose?
A:
1. An order has been issued by a
superior officer
2. Such order must be for some
lawful purpose
3. Means used by the subordinate
to carry out said order is lawful
Note: The person who gives the order
and the person, who executes it, must
be acting within the limitation
prescribed by law.
Illustration of absence of second
requisite
One who prepared a falsified
document with full knowledge of its
falsity is not excused even if he merely
acted in obedience to the instruction
of his superior officer, because the
instruction was not for a lawful
purpose (People vs. Barroga 54 Phil
247.
Illustration of absence of third requisite
The court ordered that the convict
should be executed on a certain date
,The executioner put him to death on
a day earlier than the date fixed by
the court the execution of the convict
,although by virtue of a lawful order of
the court ,was carried out against the
provision of Article 82,the executioner
is guilty of murder.
ARTICLE 12: Circumstances which
exempt from criminal liability-
The following are exempt from
criminal liability.
1. An imbecile or an insane person
has committed an act which the law
defines as felony (delito) the court
shall order the accused
When the imbecile or an insane
person has committed an act which
the law defines as felony (delito) he
court shall order his confinement in
one of the hospital or asylums
established for person thus afflicted,
which he shall not be permitted to
leave without first obtaining the
permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age
and under fifteen, unless he has acted
with discernment, in which case, such
minor shall be proceeded against in
accordance with the provision of
Article 80 of this code.
 When such minor is adjudged to be Q: What are the difference between
criminally irresponsible, the court in Justifying and exempting
conformity with the provision of this the circumstances?
preceding paragraph ,shall commit
him to the care and custody of his A:
family who shall be charged with his Justifying Exempting
surveillance and education ;otherwise circumstances circumstances
,he shall be committed to the care of The circumstance The circumstance
some institution or person mentioned affects the acts, affects the actor.
in said Article 80. not the actor.

4. Any person who while performing a The act The act

lawful act with due care, causes an complained of is complained of is
injury by mere accident without fault considered to actually wrongful,
or intention of causing it. have been done but the actor
within the bounds acted without
5. Any person who act under the of law; hence, it is voluntariness. He
compulsion of irresistible force. legitimate and is a mere tool or
lawful in the eyes instrument of the
6. Any person who acts under the of the law. crime.
impulse of an uncontrollable fear of an Since the act is Since the act
equal or greater injury. considered lawful, complained of is
there is no crime, actually wrongful,
7. Any person who fails to perform an and because there is a crime.
act required by law, when prevented there is no crime,
by some lawful or insuperable cause. there is no
criminal
Since there is no Since there
Q: Defined exempting circumstances? crime or criminal is a crime
there is no committed but
A: Exempting circumstances -those criminal liability as there is no
ground for exemption from well as civil criminal, there is
punishment because there wants from liability. civil liability for the
the agent of the crime any of the wrong done. But
conditions which make the act there is no
voluntary or negligent. criminal liability.
However, in
Note: There is a crime but no criminal paragraph 4 and
7 in article 12,
Basis: The exemption from punishment there is neither
is based on the complete absence of criminal nor civil
intelligence, freedom of action, or liability.
intent or on absence of negligence on
the part of the accused.
 Q: Is the presumption in favor of
sanity?
Q: What are the difference between
imbecility and insanity? A: Yes, the defense must be proving
that the accused was insane at the
A: time of the commission of the crime.
Imbecility Insanity
An imbecile is one Insanity exists Note: Mere abnormalities of the
who, while when there is a mental facilities are not enough.
advanced in age, complete
has a mental deprivation of The defense must prove that the
development intelligence in accused was insane at the time of the
comparable to committing the commission of the crime because the
that of children act. presumption is always in favor of
between two and sanity.
seven years of
age. Q: What are the effects of insanity of
No lucid interval Lucid interval the accused?
Exempt from Not exempt from
criminal liability criminal liability if it A:
can be shown 1. At the time of the commission of
that he acted the crime -exempt
during lucid 2. During the trial -proceedings
interval. suspended accused is committed to a
hospital
3. After judgment or while serving
Q: What are the two tests for sentence - execution of judgment is
exemption on grounds of insanity? suspended, the accused is committed
to a hospital, the period of
A: confinement in the hospital is counted
1. Test of cognition -or whether for the purpose of the prescription of
the accused acted with complete the penalty.
deprivation of intelligence in
committing said crime, and 1. Dementia Praecox is covered by
2. Test of volition- or whether the the term insanity.
accused acted in total deprivation of
freedom of will. Thus when a person is suffering
from a form of psychosis a type of
Note: In the Philippines both cognition dementia praecox ,homicidal attack
and volition test are applied .there is common ,because of delusions that
must be complete deprivation of the he is being interfered with sexually, or
intellect or will or freedom. that his property is being taken .during
the period of excitement ,such person
has no control whatever of his act.
(People vs. Banoan).
2. Kleptomania
The case of person suffering from
kleptomania must be investigated by
competent alienist or psychiatrist to
determine whether the impulse to
steal is irresistible or not .if the unlawful
act of the accused is due to his
mental diseased or mental defect
,producing an irresistible impulse ,as
when the accused has been deprived
or has lost the power of his will which
would enable him to prevent himself
from doing the act ,the irresistible
impulse ,even to take another
property ,should be considered as
covered by the term insanity in the
case of (People vs. Banoan, 64 Phil,87
,an irresistible homicidal impulse was
considered embraced in the term
insanity .it may be said that a person
who has lost the power of his will ,at
the moment ,also lost consciousness of
his acts.
On the other hand, if the mental
diseased or mental defect of the
accused only diminishes the exercise
of his will power, and did not deprive
him of the consciousness of his acts,
then kleptomania if it be the result of
his mental diseased or mental defect,
is only a mitigating circumstance .
3. Epilepsy may be covered by the
term insanity
Epilepsy is a chronic nervous disease
characterized by fits, occurring at
intervals, attended by convulsive
motions of the muscles and loss of
consciousness .where the accused
claimed that he was an epileptic but
it was not shown that he was not
under the influence of an epileptic fit
when he committed the offense, he is
not exempt from criminal liability.
(People vs. Mancao and Aguilar,49
Phil 887)
4. Feeblemindedness is not imbecility.
In the case of People vs.
Formigenes, supra, it was held that
feeblemindedness is not exempting,
because the offender could
distinguish between right and wrong.
An imbecile or an insane cannot
distinguish right from wrong.
5. Other cases of lack of intelligence
a. committing a crime while in
dream
One who, while sleeping ,suddenly got
up ,got a bolo ,and upon meeting his
wife who tried to stop him ,wounded
her and also attacked other persons is
not criminally liable ,it appearing that
the act was committed while in
dream (People vs. Taneo ,58 Phil. 255)
the act was done without criminal
intent
Somnambulism or sleep
walking, where the acts of the person
afflicted are automatic, is embraced
in the plea of insanity and must be
clearly proven (People vs Gimena)
b. Committing a crime while
suffering from malignant malaria
Thus, one who was suffering
from malignant malaria when she
wounded her husband who died as a
consequence is not criminally liable,
because such illness affect the
nervous system and causes among
other such complication as acute
melancholia and insanity at times(
People vs. Lacena ,69 Phil.350).
4. ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING.
Q: Defined accident?
A:
It is an occurrence that happens
outside the sway of our will, and
although it comes about through
some act of our will lies beyond the
bounds of humanly foreseeable
consequence.
Q: what are elements of accident?
A:
1. A person is performing a lawful
act
2. With due care
3. He cases an injury to another by
mere accident
4. Without fault or intention of
causing it.
Q: Is the offender exempt from
criminal and civil liability?
A: Yes, the infliction of the injury by
mere accident does not give rise to a
criminal or civil liability the person who
cause the injury is duty bound to
attend to the person who was injured.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF IRRESISTABLE FORCE.
Q: What is irresistible force?
A: It is a degree of force which is
external physical force which reduces
the person to a mere instrument and
the acts produce are done without his
will and against his will.
Q: what are the elements of irresistible
force?
A:
1. That the compulsion is by means
of physical force
2. That the physical force must be
irresistible
3. The physical force must come
from third person
Basis: complete absence of freedom
or voluntariness.
Note: Here, it presupposes that a
person is compelled by means of
extraneous force or violence to
commit crime.
The force must be so irresistible as to
reduce the actor to a mere instrument
who acted not only without will but
against his will.
6. UNCONTROLLABLE FEAR
Q: What are the elements of
uncontrollable fear?
A:
1. That the threat which causes
the fear is of an evil greater than, or at
least equal to, that which he is
required to commit.
2. That it promises an evil of such
gravity and imminence that the
ordinary man would have succumbed 7. PREVENTED BY SOME LAWFUL AND
to it. INSUPERABLE CAUSE.

> Duress as a valid defense should be Q: What is an insuperable cause?

based on real, imminent, or
reasonable fear for one's life or limb A: Some motive which has lawfully or
and should not be speculative, physically prevented a person to do
fanciful, remote fear. what the law commands.

> The compulsion must be of such Q: What are the elements of lawful
character as to leave no opportunity and insuperable cause?
to the accused for escape or self A:
defense in equal combat. 1. That an act is required by law to
be done
Q: Should the offender be totally 2. That a person fails to perform
deprived of freedom? such act
3. That his failure to perform such
A: Yes, if the offender still has a act was due to some lawful cause or
freedom of choice, even if he is insuperable cause.
suffering from uncontrollable fear, he
is not exempt from criminal liability Basis: Absence of intent
because he is still possessed with
voluntariness. Illustration

Note: ACTUS ME INVITO FACTUS NON 1. The Municipal President detained

EST MEUS ACTUS- An act done by me the offended party for three days
against my will is not my act. because to take him to the nearest
justice of the peace required a
Q: What is the difference between journey for three days by boat as
irresistible force and uncontrollable there was no other means of
fear? transportation. (US.vs. Vicentillo,19 Phil
118)
A:
Irresistible force Uncontrollable The distance which required a
fear journey for three days was considered
A person is a person is an insuperable cause.
compelled by compelled by
another to another to Note: Under the law, the person
commit a crime commit a crime arrested must be delivered to the
by means of by means of nearest judicial authority at most
violence or intimidation or within 18 hours (now 36 hours, Art 125
physical force. threat. RPC) otherwise, the public officer will
be liable for arbitrary detention.
 3. A mother who at the time of
child birth was overcome by
sever, dizziness and extreme
debility, and left the child in a
thicket, were said child died, is
not liable for infanticide
because it was physically
impossible for her to take home
the child (People vs. Bandian,
63 Phil 530) the severe dizziness
and extreme debility of the
woman constitute an
insuperable cause.
Chapter Three:
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
Q: What are mitigating
circumstances?
A: Mitigating circumstances are those
which if present in the commission of
the crime, do not entirely free the
actor from criminal liability but serve
only to reduce the penalty.
Basis: Diminution of either freedom of
action, intelligence, or intent or on the
lesser perversity of the offender.
Q: What are the classes of mitigating
circumstances?
A:
1. Ordinary mitigating
2. Privilege mitigating
1. INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES
Q: What is the concept of incomplete
justifying or exempting circumstance?
A: Incomplete justifying /exempting
circumstances mean that not all the
requisites to justify the act are present
or not all the requisites to exempt from
criminal liability are present.
Q: What condition is necessary before
incomplete self defense, defense of
relative, or defense of stranger may
be invoked?
A: The offended party must be guilty
of unlawful aggression; there can be
no incomplete self defense, defense
of relative, or defense of stranger.
Q: How may incomplete self defense,
defense of relative, or defense of
stranger affect the criminal liability of
the offender?
A: If on the element of unlawful
aggression is present, the other
requisites being absent the offender
shall be given only the benefit of an
ordinary mitigating circumstances.
However, if aside from the element of
unlawful aggression another requisite,
but not all, is present the offender shall
be given the benefit of a privilege
mitigating circumstances
2. UNDER 18 OR OVER 70 YEARS OLD
Q: Who are covered under these
mitigating circumstances?
A: Offenders who are:
1. 15 or over but under 18 years
old who acted with discernment
2. Over 70 years old.
Note: It is the age of the accused at
the time of the commission of the
crime which should be determined his
age at the time of the trial is
immaterial.
Q: what are the legal effects of various
age brackets of the offender with
respect to his criminal liability?
3. NO INTENTION TO COMMIT SO
GRAVE A WRONG
Basis: Diminution of intent
Q: Should there be a notable and
evident disproportion between the
means employed by the offender
compared to that of the resulting
felony?

A: A: Yes, if the resulting felony could be

Age brocket Effect on criminal expected from the means employed,
liability this circumstance does not avail.
Under 9 years old Exempting
circumstances Note: this circumstance is applicable
Over 9 and under Exempting when the offender employed brute
15 circumstances force
Over 15 under 18 Exempting
without circumstance, Praeter intentionem is the product of
discernment provided intentional felony not a culpable one.
he acted without
discernment Q: Does it apply to felonies by
over 15 under 18 Privileged negligence?
with discernment mitigating
circumstance A: No. it is not applicable because the
18 or over Full criminal offender acts without intent .the intent
responsibility in intentional felonies is replaced by
70 0r over Full criminal negligence or imprudence, there is no
responsibility intent on the part of the offender,
70 or over which may be considered as
Mitigating diminished.
circumstance; no
imposition of Q. What are the factors in order to
death penalty; ascertain the intention?
execution of
death sentence if A:
already imposed 1. The weapon used
is suspended and 2. The part of the body injured
commuted. 3. The injury inflicted
4. The manner it is inflicted.
Note: this provision address the
intention of the offender at the
particular moment when the offender Note: The threat should not be
executes or commits the criminal act. offensive and positively strong.
Otherwise, the threat to inflict real
Not applicable to felonies by injury is unlawful aggression which
negligence may give rise to self defense.
Not applicable to felonies where
intention is immaterial Basis: Diminution of intelligence and
Not appreciated in murder intent.
qualified by treachery
Q: How is sufficient threat or
4. PROVOCATION OR THREAT provocation as a mitigating
circumstance distinguished from
Q: What is provocation? threat or provocation as an element of
self?
A: Any unjust or improper conduct or
act of the offended party, capable of A: Here .the threat should not be
exciting or irritating any one. offensive and positively strong,
because if it is the threat to inflict real
Q: What are the requisites of injury is an unlawful aggression, which
provocation or threat? may give rise to self defense.

A: 5. VINDICATION OF GRAVE
1. The provocation must be OFFENSE
sufficient.
Sufficient means adequate to Q: What are the requisites of
excite a person to commit wrong and vindication of grave offense as a
must accordingly be proportionate to mitigating circumstance?
its gravity(People vs.Nabora.73
Phil.434,435) A:
1. Grave offense has been done
As to whether or not the to the one committing the felony, his
provocation is sufficient depends spouse, ascendants, descendants,
upon (a) the act constituting the legitimate ,natural or adopted
provocation. (b) The social standing of brothers and sisters, or relatives by
the person provoked. (c) the place affinity within the same degree;
and time when the provocation is
made. 2. Felony is committed in
2. It must originate from the vindication of such grave offense.
offended party
3. The provocation must be Q: What is the meaning of the word
immediate to the commission of the offense in this particular mitigating
crime by the person who is provoked. circumstance?
A: The word offense should not be Sufficient threat or provocation
construed as equivalent to crime .it is Vindication of grave offense
enough that what was imputed or The crime should be inflicted upon the
what was done was wrong. very person who made the threat or
provocation. The vindication
Here, the vindication need not be need not be done by upon whom the
done by the person upon whom the grave offense was committed .the
grave offense was committed or who grave offense may be committed
was offended by the wrong done by against the offender’s relative
the offended party. mentioned in the law.

Q: What factor should be considered Provocation or threat immediately

in determining whether the wrong is preceded the act .there must be no
grave or not? lapse of time between the
provocation or threat and the
A: The age, education, and social commission of felony. Vindication
status of the person who committed may be proximate, a lapse of time is
the crime will be considered. allowed.

Q: Is the lapse of time allowed 6. PASSION OR OBFUSCATION

between the vindication and the
doing of grave offense? Basis: Loss of reasoning and self-
control thereby diminishing the
A: Yes, therefore it is enough that the exercise of his will power.
offender committed the crime with
the grave offense done to him ,his Q: What are the elements of passion or
spouse, his ascendant, or descendant obfuscation as mitigating
or to his brother or sister ,whether circumstance?
natural ,adopted or legitimate and
that is the proximate cause of the A:
commission of the crime. 1. Accused acted upon an
impulse;
Note: It is mitigating only when the 2. Impulse must be so powerful
same arose from lawful sentiment. that naturally produce passion or
obfuscation in him.
Basis: Loss of reasoning and self-
control, thereby diminishing the Note: The passion or obfuscation
exercise of his will power. should arise from lawful sentiment.

Q: Compare the circumstance of Q: What are the requisites?

sufficient threat or provocation and
vindication of grave offense. A:
A:
1. That there is an act, both which perpetrator might recover his
unlawful and sufficient to produce normal composure.
such conviction of mind.
2. That the said act which It is only required that the influence
produced the obfuscation was not far thereof lasts until he moment the
removed from the commission of the crime is committed.
crime by a considerable length of
time during which the perpetrator Q. What are the Distinction
might recover his natural equanimity. between Passion/Obfuscation and
Provocation ?
This particular mitigating
circumstance stands on the premise A.
that the offender is suffering from Passion / Obfuscation Provocation
diminished self-control because of the Produced by an impulse which may
passion or obfuscation. be caused by provocation The
provocation comes from the injured
This is also true with the circumstances party
under paragraph 4 (sufficient threat or The offense need not be immediate. It
provocation) and 5 (vindication of is only required that the influence
grave wrong) thereof lasts until the moment the
crime is committed. Must
GR: if the offender is given the benefit immediately precede the commission
of paragraph 4, he cannot be given of the rime
the benefit of paragraph 5 or 6, or
vice-versa . only one of the three Q. What are the distinctions between
mitigating circumstances should be Passion / Obfuscation and irresistible
give the favor of the offender. force?

XPN: if the mitigating circumstances Passion/obfuscation Irresistible force

under paragraphs 4,5bad 6 arise from A mitigating An exempting
different sets of facts, they may be Circumstances Circumstances
appreciated together, although they Cannot give rise to Physical force
may have arise from one and the irresistible force
same case. because passion or
obfuscation his no
Note: The passion must be legitimate. physical force
As a rule it cannot be based on Requires
common law relationship because The passion or Must come from
common law relationship are illicit. obfuscation is in the a third person.
offender himself.
The act which produced the Must arise from Is unlawful.
obfuscation must not be far from the lawful sentiments.
commission of the crime by a
considerable length of time during

7. VOLUNTARY SURRENDER
AND CONFESSION OF GUILT
Basis: Lesser Perversity of the Offender.
Q. What are the requisites of
Voluntary Surrender as a Mitigating
Circumstances?
A.
a. Offender had not been
actually arrested
b. Surrender was made to a
person in authority or the
latter’s agent
c. Surrender was voluntary .
Q. When is Surrender considered
Voluntary?
A. When it is spontaneous,
demonstrating to submit himself
unconditionally to the person in
authority or his agent.
Whether or not the warrant of arrest
had been issued against the offender
is immaterial and irrelevant.
The criterion is whether or not the
offender had gone into hiding or had
the opportunity to go into hiding and
the law enforcers do not know of his
whereabouts.
Q. What is the reason for the reduces
sentence?
A.: If he would give up his act of
surrendering under such
circumstances indicates that he is
willing
to access the consequences of the
wrong he has done which thereby
saves the government, the effort, time
and expenses to be incurred in
searching for him.
GR.: If after committing the crime, the
offender did not flee and instead he
went with the responding law
enforcers meekly, voluntary surrender
is not applicable.
XPN: If after committing the Crime the
offender did not flee and instead
waited for the law enforcers to arrive;
and then he surrendered the weapon
he used in killing the victim voluntary
surrender is mitigating.
If the offender comes out from hiding
because he is seriously ill and he wants
to get medical treatment the
surrender is not considered s indicative
of remorse or repentance. The
surrender is not mitigating.
Q. What are the requisites of
confession of guilt as a mitigating
circumstances?
A.
a. Offender voluntarily confess
his guilt;
b. It was made in open court
(thst is before the
competent court that is to
try the case);
c. It was made prior to the
presentation of the
evidence for the
prosecution.
GR: Plea of guilty for lesser offense
than that charged, not mitigating.

XPN: When prosecution failed to
prove the aggravating circumstances
alleged in the information.
Q: Upon learning that the police
wanted him for the killing of the
Polistico, Jeprox decided to visit the
police station to make inquiries. On his
way, he met the policeman who
immediately served upon him the
warrant for his arrest. During the trial, in
the course of the presentation of the
prosecutor’s evidence, Jeprox
withdrew his plea not guilty. Can he
invoke the mitigating circumstances
of voluntary surrender and plea of
guilty? Explain.
A. Jeprox is not entitled to the
mitigating circumstances of voluntary
surrender as hi going to the police
station was only for a purpose for
verification of the news that he is
wanted by the authorities. In order to
be mitigating, surrender must be
spontaneous and that he
acknowledge his guilt.
Neither his plea of guilty a mitigating
circumstances because it was
qualified plea. Besides, Art. 13 (7)
provide that confession of guilt must
be done before the prosecution had
started to present evidence. (1992 Bar
Question)
8. PHYSICAL DEFECT
Basis: Diminution of Elements of
Voluntariness.
Q: What is Physical Defects?
A: A person’s physical condition, such
as being deaf, dumb blind, armless,
cripple, or stutterer whereby his means
of action, defense or communication
with others are restricted or limited.
The physical defect that person may
have must have the relation to the
commission of the crime.
Q: Suppose X is deaf and dumb and
he has been slandered, he cannot
talk so what he did was, he got a
piece of wood and struck the fellow
on the head. X was charged with
physical injuries. Is X is entitled to the
mitigating circumstances by reason of
his physical defect?
A: Yes, the Supreme Court held that
being deaf and dumb is mitigating
because the only way is to use his
force because he cannot strike back.
9. ILLNESS OF THE OFFENDER
Basis: Diminution of intelligence and
intent.
Q: What are the requisites of the
illness of the offender as mitigating
circumstances?
A:
1.Illness of the offender must diminish
the exercise of will power.
2.Such illness should not deprive the
offender, the consciousness of his act.
Note: illness of the mind, not
amounting to insanity may be
mitigating.
10. SIMILAR AND ANALOGOUS
CIRCUMSTANCES
Q. What are the examples of
analogous circumstances?
A:
1.The act offender of the leading the
law enforcers to the place where he
buried the instrument of the crime has
been considered as equivalent to
voluntary surrender.
2.Stealing of a person who is driven o
do so out of extreme poverty is
considered as analogous to
incomplete state of necessity. Unless
he became impoverished because of
his own way of living his life.
i.e he had so many vices
CHAPTER FOUR
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY
Art.14. Aggravating circumstances-
The following are aggravating
circumstances :
1. That advantage be taken by
offender of his public position.
2. 2.That the crime be committed
in contempt of or with insult to
the public authorities.
3. That the act be committed with
insult or in disregard of respect
due to offended party on
account of his rank,age,or
sex,or that it be committed in
the dwelling of the offended
party ,if the latter has not given
provocation
4. That the act be committed with
abuse of confidence or obvious
ungratefulness
5. That the crime be committed in
the palace of the chief
executive ,or in his presence ,or
where the public authorities are
engaged in the discharge of
their duties or in a place
dedicated to religious worship.
6. That the crime be committed in
the night time or in an
uninhabited place ,or by a
band ,whenever such
circumstances may facilitate
the commission of the offense.
7. whenever more than three
armed malefactors shall have
acted together in the
commission of an offense . it
shall be deemed to have been
committed by a band.
8. That the crime be committed on
the occasion of a conflagration
,shipwreck ,earthquake,
epidemic, or other calamity or
misfortune.
9. That the crime be committed
with the aid of armed men who
insure or afford impunity.
10. That the accused is a recidivist
.A recidivist is one who, at the
time of his trial for one crime
,shall have been previously
convicted by final judgment of
another crime embraced in the
same title of this code
11. That the offender has been
previously punished for an
offense to which the law
attaches an equal or greater
penalty or for two or more
crimes to which it attaches a
lighter penalty.
12. That the crime be committed in
consideration of a price reward
or promise
13. That the crime be committed 22. That the crime be committed
by means of inundation ,of fire, with the aid of persons under fifteen
poison, explosion ,stranding of a years of age ,or by means of motor
vessel or intentional damage vehicle ,airship or other similar means
thereto ,derailment of a .
locomotive ,or by the use of any
artifice involving great waste NOTES
and ruin.
14. That the act be committed with Q: What are aggravating
evident premeditation . circumstances?
15. That craft ,fraud, or disguise be
employed. A: Those which if attendant in the
16. That advantage be taken of commission of the crime ,serve to
superior strength ,or means be have the penalty imposed in its
employed to weaken the maximum period provided by law for
defense. the offense or change the nature of
17. That the act be committed with the crime .
treachery (Alevosia)There is
treachery when the offender Basis: the greater perversity of the
commits any of the crimes offender manifested in the
against the person ,employing commission of the ferlony as shown by
means ,methods or form in the :
execution thereof which tend
directly and specially to insure 1) motivating power itself
its execution without risk to 2) place of commission
himself arising from the defense 3) means and ways employed
which the offended party might 4) time
make. 5) personal circumstances of
18. That means be employed or offender or offended party
circumstances brought about
which add ignominy to the Q: What are the kind of aggravating
natural effects of the acts. circumstances?
19. That the crime be committed A:
after an unlawful entry. 1. Generic or those that can generally
20. That as a means to the apply to all crime.
commission of a crime a wall
roof ,floor ,door or window be E.g.
broken.
21. That the wrong done in the 1. Advantage taken of public
commission of the crime be position
deliberately augmented by 2. Contempt or insult of public
causing other wrong not authorities
necessary for its commission. 3. Crime committed in the
dwelling of the offended party
 4. Abuse of confidence or obvious 1.Evident premeditation in robbery,
ungratefulness theft, estafa, adultery and
5. Place where crime is committed concubinage:
6. Nighttime ,uninhabited place 2. Abuse of public office in bribery.
,or band 3. breaking of a wall or unlawful entry
7. Recidivist into a house in robbery with theuse
8. habituality (reiteration) force upon things.
9. Unlawful entry 4. Fraud in estafa
10. breaking of parts of the house 5. deceit in simple seduction
11. Use of persons under 15 years of 6. Ignominy in rape
age
5. Special or those which arise under
2. Specific or those that apply to a special conditions to increase the
particular crime; penalty of the offense and cannot be
offset by mitigating circumstance
E.g.
E.g.
1.disregard of rank, age or sex
due the offended party a. Quasi recidivism
2. Abuse of superior strength or b. Complex crimes
means be employed to weaken c. error in personae
the defense d. taking advantage of public
3. Treachery (alevosia) position and membership in an
4. Ignominy organized /syndicate crime group.
5. Cruelty
6. Use of unlicensed firearm in Note: the aggravating circumstances
the murder or homicide must be established with moral
committed therewith (RA 8294) certainty with the same degree of
proof required to established crime
3. Qualifying or those that change the itself.
nature of the crime:
E.g. Q: What are the distinction between
1. treachery (Alevosia) or evident generic aggravating and qualifying
premeditation qualifies the killing of a circumstances?
person to murder .
2. Art 248 enumerates the qualifying A:
aggravating circumstances which Generic Qualifying
qualify the killing of person to murder. aggravating circumstances
circumstances
4. Inherent or those that must of The Being an
necessity accompany the commission circumstances ingredient of the
of the crime. can be offset by crime, it cannot
an ordinary be offset by any
E.g
mitigating mitigating
circumstances circumstances. In the crime of murder ,the law
It is Not an The specifically mentions several
ingredient of a circumstances circumstances which are aggravating
crime. It only affect the nature Under Article 14.All of these will qualify
affect the penalty of the crime itself a killing from homicide to murder
to be imposed such that the ,However, only one is qualifying.
but the crime offender shall
remains the same. liable for more illustration
serious crime. The
circumstance is Q: The accused was charged with
actually the murder .three of these circumstances
ingredient of the :treachery evident premeditation and
crime. the act was done in consideration of
No need to allege Qualifying prize reward or promise ,were alleged
this circumstance circumstances to as aggravating ,May the three
in the information, be appreciated circumstances be appreciated as
as long as it is as much be qualifying ?
proven during specifically
trial. If it is proved alleged in the A: No, only one of these is qualifying .if
during trial, the complaint or any one of the three circumstances
court would information. If not was proven ,the crime already
consider the alleged but constitutes murder .if they are alleged
same in imposing proven during in the information or complaint ,they
the penalty. trial, it will be are only to be taken as generic .if
considered only there is any mitigating circumstances
as generic in favor of the offender ,the two other
aggravating circumstances which are otherwise
circumstance. If qualifying could be offset by the
this happens, they mitigating ,provided the mitigating
are susceptible of circumstance is not a privileged
being offset by a mitigating circumstance.
mitigating
circumstance. Q: Supposed in the crime of Murder
,the qualifying circumstances alleged
in the information was treachery
,During the trial ,what was proven was
Q: when is an aggravating the price ,reward or promise as a
circumstances qualifying? consideration for killing .The treachery
was not proved. May the accused be
A: when it is an ingredient of the crime convicted of Murder.
.therefore it is included in the provision
of the law defining the crime. A: No ,the accused cannot be
convicted of Murder because the
circumstance proven was not the one
alleged in the information ,hence ,it is
not qualifying but merely generic .
If any of these Qualifying
circumstances is not alleged in the
information ,it cannot be considered
qualifying because a qualifying
circumstance is an ingredient of the
crime and it cannot be taken as such
without having been alleged in the
information.
Ratio: It will violate the right of the
accused to be informed of the nature
of the accusation against him.
Pursuant to Art 62,Par 1,aggravating
circumstances
1. which in themselves constitutes
a crime specially punishable by
law
2. which are included by the law
in defining a crime shall not be
taken into account for the
purpose of increasing the
penalty.
Illustration
If the crime charged is qualified
trespass to dwelling. dwelling is no
longer aggravating.
Aggravating circumstances ,which
are personal such as those which arise
from
1. the moral attributes of the
offender ,or
2. his private relations with the
offended party o
3. any personal cause shall only
serve to aggravate the liability
of those persons as to whom
such circumstances are
attendant
The circumstances which consist in the
1. material execution of the act ,or
2. means be employed to
accomplish it will only
aggravate the criminal liability
of those persons who employed
or who had knowledge of them
at the time of the execution of
the act or their cooperation
therein
XPN: when there is a proof of
conspiracy ,in which case the act of
one is deemed to be the act of all
regardless of lack of knowledge of the
facts constituting the circumstance
(At 62,par 4)
1. TAKING ADVANTAGE OF PUBLIC
POSITION
Q: When is it applicable?
A: Only when the offender is a public
officer the offender must have abused
his public position or at least ,use of
the same facilitated the commission
of the offense.
It is not applicable in offenses were
taking advantage of official position is
made by law an integral element of
the crime .
E.g.
Malversation or falsification of a
document committed by public
officers
Taking advantage of a public position
is also inherent in the case of
accessories under Art,19, par 3
(harboring ,concealing ,or assisting in
the escape of the principal of the
crime )and in crimes committed by
public officers (Arts.204 -205)
Note: Public officer must use the
influence ,prestige or ascendancy of
his office as the means by which he
realises his purpose.
2. CONTEMPT OR INSULT TO PUBLIC
AUTHORITIES
Q: What are the requisites of contempt
of public authorities as an aggravating
circumstance?
A:
a. Public authority is engaged
in the exercise of his function.
b. Such public authority is not
the person against whom the
crime is committed.
c. Offender knows him to be a
public authority
d. His presence has not
prevented the offender from
committing the crime.
Q: Who is a public authority?
A: A public authority also called a
person in authority ,is a public officer
who has the power to govern and
execute the laws.
E.g.
Municipal mayor, barangay
captain, chief of
police.Teachers , professors,
supervisors of public and duly
recognized private schools,
colleges and universities, as well
as lawyers are persons in
authority only for the purpose of
direct assaults simple resistance,
but not for purposes of
aggravating circumstances in
par 2,Art 14,
3. DISREGARD OF RANK,AGE SEX,OR
DWELLING OF OFFENDED PARTY
Q: What are the requisites of disregard
of rank, age, sex, or dwelling as an
aggravating circumstance?
A: The act be committed :
1. with insult or disregard of respect
due to the offended party on
account of his.
a. rank
b. age, or
c. sex
2. that it be committed in the dwelling
of the offended party, if the latter has
not given sufficient provocation.
Note: Applies only to crimes against
persons or honor , and not against
property like robbery with Homicide.
The four circumstances enumerated
should be considered as one
aggravating circumstance only.
Q: what does with insult or in disregard
of means
A: It means that in the commission of
the crime ,the offender deliberately
intended to offend or insult the sex or
age of the offended party.

Q: To what does rank refer?
A: It refers to official ,civil or social
position or standing, the designation
or title of distinction used to fix the
relative position of the offended party
in reference to others.
There must be a difference in the
social condition of the offender and
the offended party.
Age applies in cases where the victim
is of tender age or is of old age.
sex refers to female sex, not to male
sex.
Q: what is dwelling?
A: Dwelling is a building or structure
exclusively used for the rest or comfort,
It includes temporary dwelling .it
includes dependencies ,foot of the
staircase ,and enclosure of the house.
Q: Should the dwelling be owned by
the offended party /
A: No, it is enough that he used the
place for peace of mind ,rest ,comfort
and privacy.
Note: Dwelling does not mean the
permanent residence or domicile of
the offended party or that he must be
the owner thereof .He must ,however
be actually living or dwelling therein
even for a temporary duration or
purpose.
It is not necessary that the accused
should have actually entered the
dwelling of the victim to commit the
offense .it is enough that the victim
was attacked inside his own house
although the assailant may have
devised means to perpetrate the
assault i.e. triggerman fired the shot
from outside the house ,his victim was
inside.
Q: When is dwelling not considered
aggravating?
A:
a. When owner of the dwelling
gave sufficient and
immediate provocation
b. when offender and offended
party are occupants of the
same house
c. In robbery by the used of
force upon things
d. in trespass to dwelling
e. the victim is not a dweller of
the house
Q: What is the meaning of provocation
in aggravating circumstance of
dwelling?
A: The provocation must be:
a. Given by the owner of the
dwelling
b. sufficient ,and
c. Immediate to commission of
the crime
Note: If all these conditions are
present ,the offended party is
deemed to have been given the
provocation, and the fact the crime is
committed in the dwelling of the
offended party is not aggravating
circumstance.

Q: When is the aggravating
circumstance of disregard of rank,
age, sex, not considered for the
purpose of increasing the penalty.
A:
a. When offender acted with
passion or obfuscation .(all
four circumstances)
b. when there exist a 2. qualified theft
relationship between the
offended party and the
offender (circumstance of
sex only)
c. When the condition of being
a woman is indispensable in
the commission of the crime
E.g.
Parricide, Rape, abduction and
seduction (circumstance of sex only)
4. ABUSE OF CONFIDENCE OR
OBVIOUS UNGRATEFULNESS
Q: What are the requisites of abuse of
confidence as an aggravating
circumstance?
A:
1. offended party had trusted the
offender
2. offender abused such trust by
committing a crime
Note: This is aggravating only when
the very offended party is the one
who reposed the confidence.
Q: Must the confidence between the
parties be immediate and personal ?
A: Yes, as would give the accused the
advantage or make it easier for him to
commit the crime .the confidence
must be a means of facilitating the
commission of a crime
Q: in what crimes abuse of confidence
is inherent?
A:
1. malversation
3. Estafa by conversion or
misapproriation
4. qualified seduction
Note: Abuse of confidence is not
considered for the purpose of
increasing the penalty.
Q: what are the requisites of obvious
ungratefulness as an aggravating
circumstances?
A:
a. that the offended party had
trusted the offender
b. that the offender abused
such trust by committing a
crime against the offended
party.that the act be
committed with obvious
ungratefulness
Note: The ungratefulness must be such
clear and manifest ingratitude on the
part of the accused.
Abuse of confidence and obvious
ungratefulness are treated as
seperate aggravating circumstances.
5. PALACE AND PLACES COMMISSION
OF OFFENSE
Q: What are the requisites of place or
places of commission of offense as an
aggravating circumstance?
A: The crime be committed:
a. In the palace of the chief
Executive ,or
b. in his presence
c. where public authorities are
engage in the discharge of
their duties ;or
d. in a palace dedicated to
religious worship
Note: All places mentioned are
aggravating per se even if no official
duties or acts of religious worship are
being conducted there, except for
the third which requires that official
function are being performed at the
time of the commission of the crime
Q: If it is in the Malacanang palace or
church ,is it always aggravating?
A: Yes, it is aggravating ,regardless of
whether official or religious function
are being held Chief Executives
presence alone in any place where
the crime is committed is enough to
constitute the aggravating
circumstance.
Q: Are cemeteries considered as
place dedicated to religious worship
of God?
A: No ,cemeteries ,However
respectable they may be ,are not
considered as place dedicated to the
religious worship of God.
Note: Must be dedicated to public
religious worship private chapel not
included
The offender must have the intention
to commit crime when he entered the
place.
Q: what are the distinction between
paragraph 5 and paragraph 2?
A:
Par 5: Where Public Authorities are
engaged in the discharged of their
duties PAR 2: Contempt or Insult to
Public Authorities
Place where Public Duty is Performed
In their Office Outside their Office
The Offended Party
May or May not be the Public
authority Public Authority should
not be the offended party.
Note: In both ,public authorities are in
the performance of their duties
6. NIGHTIME,UNINHABITED PLACE OR
BAND
Q: What are the requisites ?
A: The crime be committed
1. in the night time
2. in an inhabited place; or
3. by a band
Q: When is it aggravating?
A: when
a. it facilitate the commission
of the crime;
b. Especially sought for by the
offender to ensure the
 commission of thecrime or
for the purpose of impunity.
Q: what does for the purpose of
impunity means?
A: It means to prevent his (accused )
being recognize,or to secure himself
against detection and punishment
Q: what does took advantage of
means?
A: It means that the accused availed
himself thereof for the successful
consummation of his plans.
Q: what is night time?
A: Night time or Nocturnity is the
period of time after sunset to sunrise
from dusk to down.
It is necessary that the commission of
the crime was commenced and
completed at night time.
Q: what makes this circumstance
aggravating ?
A: Darkness .Hence when the place of
the crime is illuminated by light ,night
time is aggravating
it must be shown that the offender
deliberately sought the cover of
darkness and the offender purposely
took advantage of nighttime to
facilitate the commission of the
offense.
GR:.night time is absorbed in
treachery
XPN .where both the treacherous
mode of attack and nocturnity were
deliberately decided upon they can
be considered separately if such
circumstance have different bases.
Q: what is uninhabited place?
A: Uninhabited place -where there are
no houses at all ,a place at a
considerable distance from town or
where the houses are scattered at a
great distance from each other.
It is determined not by the distance of
the nearest house to the scene of the
crime but whether or not in the place
of the commission of the offense
,there was reasonable possibility of the
victim receiving some help.
it is necessary that the offender took
advantage of the place and
purposely availed of it as to make it
easier to commit crime .
Q: what is band ?
A: Band means that there are at least
four malefactor should be armed
,even if there are four ,but only three
or less are armed it is not a band.
All armed men must take direct part in
the execution of the act constituting
the crime.
This aggravating circumstance is not
applicable in crimes against chastity.
Note: Band is absorbed in the
circumstance of abuse of superior
strength
Under Article 308,the mere forming of
a band even without the commission
of a crime is already a crime so that
band is not aggravating in
brigandage because the band itself is
the way to commit brigandage.
However, where brigandage is
actually committed ,a band becomes
aggravating.
if one of them was a principal by
inducement ,there would be no band
but the aggravating circumstance of
having acted with the aid of arm men
may be considered against the
inducer if the other two acted as his
accomplice.
7. ON OCCASSION OF CALAMITY OR
MISFORTUNE
Q: What is the reason for the
aggravation?
A: the debased of criminally met in
one who ,in the midst of a great
calamity ,instead of ending aid to the
afflicted ,adds to their suffering by
taking advantage
The crime is committed on the
occasion of a conflagration
,shipwreck ,earthquake ,epidemic or
other calamity or misfortune.
Offender must take advantage of the
calamity or misfortune
Q: To whom does other calamity or
misfortune refers to?
A: it refers to other condition or distress
similar to the preceding enumeration.
8 .AID OF ARMED MEN
Q: What are the elements ?
A: the crime be committed with aid of
1. armed men
2. person who insure or afford
impunity
Q: what are the requisites of aid of
armed men as an aggravating
circumstance?
A:
a. Armed men or person who
took part in the commission
of the crime , directly or
indirectly.
b. Accused availed himself of
their aid or relied upon them
when the crime was
committed.
Q: when is the circumstance of aid of
armed men not considered
aggravating ?
A:
a. both the attacking party and
the party attacked were
equally armed
b. accused as well as those
who cooperated with him in
the commission of the crime
acted under the same plan
and for the same purpose.
Note : If there are four armed men, aid
of armed men is absorbed in
employment of a band.
If there are three armed men or less
,aid of armed men may be the
aggravating circumstance

Arm may even refer to stone
Aid of armed men includes armed
women (people vs licop)
Q:What are the distinction between
paragraph 6 and paragraph 8?
3. Habitual Delinquency- The
offender within the period of 10 years
from the date of his released or last
conviction of the crimes of
serious or less serious physical injuries
,robo,hurto,estafa or falsification ,is
found guilty of any of the said crimes
a third time or oftener.

A: 4. Quasi recidivism- Any person

Par 6 By band Par 8: arm men who shall commit a felony after
Requires more At least two having
than three been convicted by final judgment
Requires that This circumstance before beginning to serve such
more than three is present even if sentence or while serving such
armed one of the sentence shall be punished by the
malefactor shall offenders merely maximum period prescribed by law for
have acted relied on their aid, the new felony.
together in the for actual aid is
commission of the not necessary. 9.RECIDIVISM
offense
Band members Band members Q: What are the requisites of
are all principals are all principals recidivism?

Q: What are the different forms of A:

repetition or habituality of the
offender?
A:
1. Recidivism- The offender at the
time of his trial for one crime shall
have been previously convicted by
final judgment of another
embraced in the same title of the
RPC.
2. Reiteration- The offender has
been previously punished for an
offense which the law attaches an
equal or greater penalty or two or
more crimes to which it attaches a
lighter penalty.
a. Offender is on trial for an
offense he was previously
convicted by final judgment
of another crime
b. Both the 1st and the 2nd
offenses are embraced in
the same title of the RPC
c. Offender is convicted of the
new offense .
Q: what is the reason for considering
recidivism as an aggravating
circumstance?
A: The law considers this aggravating
circumstance because when a person
a person has been committing
felonies embraced in same title ,the
implication is that he is specializing on
such kind of crime and the law wants
to prevent any specialization.
In recidivism the emphasis is on the
fact that the offender was previously
convicted by final judgment of a
felony and subsequently found guilty
of another felony embraced in the
same title of the RPC
In recidivism,the crimes committed
should be felonies . Recidivism cannot
be had if the crime committed is
violation of a special law.
Q: Is recidivism ,subject to prescription
? ,while the case was being tried ,he
A: No, matter how long ago the
offender was convicted ,if he is
subsequently convicted of a crime
embraced in the same title of the
Revised Penal Code .it is taken into
account as aggravating in imposing
the penalty.
Q: Does pardon erase recidivism?
A: No, because pardon only excuses
the service of the penalty ,but not the
conviction.
It is necessary to allege recidivism in
the information ,but if the defense
does not object to presentation of
evidence during the trial and the
same was proven ,the court shall
consider such aggravating
circumstance because it is only
generic.
Q: Is it necessary that the conviction
come in the order in which they are
committed?
A: Yes, ,Hence ,there is no recidivism if
the subsequent conviction is for an
offense committed before the offense
involved in the prior conviction.
If both offenses were committed on
the same date ,they shall be
considered as only one ,hence ,they
cannot be separately counted in
order to constitute recidivism ,also
,judgments of convicted handed
down on the same day shall be
considered as only one conviction.
Q: In 1980,X committed Robbery
committed theft in 1983. he was
subsequently found guilty and was
convicted of theft also in 1983.the trial
for his earlier crime which was robbery
ended in 1984 where he was also
convicted is the accused a recidivist?
A: The accused is not a recidivist ,the
subsequent conviction must refer to a
felony committed later in order to
constitute recidivism .the reason for
this is, at the time the first crime was
committed ,there was no other crime
of which he was convicted so he
cannot be regarded as a repeater.
10. REITERATION
Q: What are the requisites of
reiteration ?
A:
1. Accused is on trial of the offense
2. He previously served sentence
a. for another offense to which
the law attaches an equal or
greater penalty or
 b. for two or more crimes to be embraced in include in the
which it attaches lighter the same title of same title of RPC
penalty than that RPC
for the new offense; Not always an Always taken into
c. He is convicted of the new aggravating consideration
offense circumstance
d. He is convicted of the new
offense.
HABITUAL DELIQUENCY
In reiteration ,the penalty attached to
the crime subsequently committed Q: What is habitual delinquency ?
should be higher or at least equal to
the penalty ,that he has already A: A special aggravating
served. circumstance for which is imposed an
additional penalty and which
Q: If the penalty attached to the escalates with the increased in the
felony subsequently committed is an number of convictions.
equal or higher than the penalty
,already served ,is there reiteration. Q: What are the requisites of habitual
delinquency?
A: No, hence, reiteration is not always
aggravating . A: A person is habitual delinquent if:
1. within a period of ten (10) years
However, when there is a third from the date of his released or last
conviction ,even if the penalty for the conviction;
subsequent crimes committed be 2. of the crimes of falsification
lighter than the ones already served, ,robbery, estafa ,theft serious or less
the offender is already a repeater. serious physical injuries:
3. He is found guilty of said crimes a
third time or oftener
Q: What are the distinction between
reiteration and recidivism ? Note: to be habitual delinquent ,the
law requires a 3rd conviction .the 2nd
A: conviction must be committed within
Reiteration Recidivism 10 years old from the 1st conviction or
It is necessary that It is enough that release from prison .from the 2nd to
the offender has the final judgment the 3rd conviction ,the period must
served out his has been not be more than 10 years and so on.
sentence for 1st rendered for the
offense. 1st offense. Habitual deliquency ,being a special
Previous and Previous and aggravating circumstance cannot be
subsequent Subsequent appreciated unless alleged in the
offense must not offense must be information
 There are time There is no time
Q: Can an offender be a recidivist and limit of not more limit between the
a habitual delinquents at the same than 10 years first conviction
time? between every and the
conviction subsequent
A: Yes, conviction.
Recidivism is
Illustration imprescriptible
Habitual It is a generic
If the 1st conviction is for serious delinquency is a aggravating
physical injuries or less serious physical special circumstances
injuries and the 2nd conviction is for aggravating which can be
robbery ,theft or estafa and the 3rd is circumstances, offset by an
for falsification ,then the moment the hence, it cannot ordinary
habitual delinquent is on his fourth be offset by any mitigating
conviction .he is a habitual delinquent mitigating circumstances.. If
and at the same time a recidivist circumstances not offset, it would
because at least ,the fourth time will only increase the
have to fall under any of the three penalty
categories. prescribed by the
law of the crime
Q: What are the distinction between committed to a
habitual delinquency and recidivism maximum period.
? The circumstance The circumstance
must be alleged need not be
A: in the information, alleged in the
Habitual Recidivism otherwise, the information
delinquency court cannot
At least three Two convictions acquire
conviction are are enough jurisdiction to
required impose additional
The crimes are The crimes are not penalty.
specified and specified, it is
limited to: (a) enough that they Q: what is quasi recidivism?
Serious Physical may be
Injuries (b) Less embraced under A: In quasi recidivism ,the offender has
Serious Physical the same title of been previously convicted bt final
Injuries (c) the Revised Penal judgment and before beginning to
Robbery (d) Theft Code serve such sentence or while serving
(e) Estafa or the same ,he committed a felony (Art
Swindling and (f) 160 RPC)
Falsifications
Note: It is not necessary ,however ,that
the crime he has been convicted and
the crime committed before serving
sentence or while serving sentence be
felonies under the RPC.
It is enough that the crime committed
while serving sentence or before
serving sentence is a felony under the
RPC, not violation of a special law.
Q: Is quasi recidivism a special
aggravating circumstance?
A: Yes, it cannot be offset by any
mitigating circumstances and the
imposition of the penalty in the
maximum period cannot be lowered
by any ordinary mitigating
circumstance.
11. IN CONSIDERATION OF A PRICE
,REWARD OR PROMISE
Q: Does this aggravating
circumstance affect the criminal
liability of the one giving the offer?
A: Yes, this aggravating circumstance
affects or aggravates not only the
criminal liability of the receiver of the
price, reward or promise but also the
criminal liability of the one giving the
offer.
Ratio: When there is a promise ,reward
or price offered or given as a
consideration for the commission of
the crime ,the person making the offer
is an inducer ,a principal by
inducement, while the person
receiving the price, reward, or promise
who would execute the crime is a
principal by direct participation .they
are both principals hence, their
responsibilities are the same.
If without previous promise it was
given voluntarily after the crime had
been committed as an expression of
his appreciation for the sympathy and
aid shown by the other accused ,it
should not be taken into consideration
for the purpose of increasing the
penalty.
The price ,reward or promise need not
consist of or refer to material things or
that the same were actually delivered
,it being sufficient that the offer made
by the principal by inducement be
accepted by the principal by direct
participation before the commission
of the crime.
12. BY MEANS OF INUNDATION ,FIRE
,ETC
Basis: has reference to means and
ways employed
Q: How is the crime committed?
A: By means of
1. Inundation
2. fire
3. explosion
4. standing of the vessel or
intentional damage thereto
5. derailment of locomotive or
6. By the use of any other artifice
involving great waste and ruin .
Note: Any of these circumstance
cannot be considered to increase the
penalty or to change the nature of
the offense ,Unless used by the
offender as means to accomplish a
criminal purpose.
When used as means to kill a person ,it
qualifies the crime to murder
when another aggravating
circumstance already qualifies the
crime ,any of these aggravating
circumstances shall be considered as
generic aggravating circumstance
only
Fire ,explosion, and derailment of
locomotive may be part of the
definition of a particular crime ,such
as arson ,crime involving destruction
,and damages and obstruction to
means of communication ,in these
cases ,they do not serve to increase
the penalty.
Q: what are the rules as to the use of
fire?
A;
1. Intent was only to burn but
somebody died - simple arson but with
specific penalty. (Art 236)
2. If fire was used as means to kill -
murder
3. if fire was used to conceal the
killing-Separate crimes of arson and
murder /homicide.
13. THAT THE ACT BE COMMITTED WITH
EVIDENT PREMIDITATION.
Basis: reference to the ways of
committing the crime ,because
evident premeditation implies
deliberate planning of the acts before
executing it.
Q: what are the requisites of evident
premeditation?
A:
1. Time when the offender
determined to commit the crime
2. act manifestly indicating that has
clung to his determination
3. Sufficient lapse of time between
the determination and execution ,to
allow him to reflect upon the
consequences of his act and to allow
his conscience to overcome the
resolution of his will.
Q: Does the existence of ill feeling or
grudge conclusive proof of evident
premeditation?
A: No,
Note: Evident premeditation is
presumed to exist when conspiracy is
directly established .when conspiracy
is merely implied evident
premeditation, evident premeditation
cannot be presumed ,the latter must
be proved like any other act (People
vs Sapigao et al GR No ,144975,June
18,2003)
Premeditation is absorbed by reward
or promise but only in so far as the
inducer is concerned since he
obviously reflected thereon in
planning the crime but not the person
induced since one can be a principal
by direct participation without the
benefit of due reflection
When the offender decides to kill a
particular person and premeditated
on the killing of the latter ,but when he
carried out his plan he actually killed
another person .it cannot properly be
said that he premeditated on the It is chicaney resorted to by the
killing of the actual victim accused to aid in the execution of his
criminal act design .it is employed as
But if the offender premeditated on scheme in the execution of the crime.
the killing of any person, it is proper to
consider against the offender the Q: what is fraud?
aggravating circumstance of
premeditation ,because whoever is A: Fraud are deceitful words or
killed by him is contemplated in his machination used to induce the
premeditation. victim to act in a manner ,which
enables the offender to carry out his
Evident premeditation, while inherent design.
in robbery ,may be aggravating in
robbery with homicide if the Q: what is the distinction between
premeditation included the killing of fraud and craft?
the victim.
A:
Q: Can there be evident Fraud Craft
premeditation when the killing is Where there is The act of the
accidental? direct accused done in
inducement by ordr not to arouse
A: No, In evident premeditation, there insidious words or suspicion of the
must be a clear reflection on the part machination victim constitutes
of the offender ,if the killing was fraud is present craft.
accidental ,there was no evident
premeditation.

14. CRAFT,FRAUD OR DISGUISE

To be appreciated ,these
circumstances must have facilitated
or taken advantage of by the
offender in the commission of a crime.
Basis : has reference to the means
employed in the commission of the
crime.
Q: What is craft?
A; Craft involved the used of
intellectual trickery or cunning on the
part of the accused
Note: According to Justice Regalado
the fine distinction between craft and
fraud would not really be called for as
these terms in Art 14 are variants of
means employed to deceive the
victim and if all are present in the
same case ,they shall be applied as a
single aggravating circumstance.
Craft and fraud may be observed in
treachery if they have been
deliberately adopted as the means
,methods or forms for the treacherous
strategy ,or they may co exist
independently where they are
adopted for a different purpose in the
commission of the crime.
Illustration
1. In People vs San Pedro (Jan 22
1980) where the accused pretended
to hire the driver in order to get his
vehicle ,it was held that there was
craft directed to the theft of the
vehicle ,separate from the means
subsequently used to treacherously kill
the defenseless driver.
2. In (People vs Masilang(July
11,1986) there was also craft where
after hitching a ride ,the accused
requested the driver to take them to a
place to visit somebody ,when in fact
they had already planned to kill the
driver
Q: what is disguise?
A: Disguise means resorting to any
device to conceal identity.
Q: What is the test in order to
determine disguise exist?
A: Test of disguise, whether the device
,contrivance resorted to by the
offender intended to or did make
identification more difficult such as the
use of a mask or false hair or beard.
If in spite of the disguise ,the offender
recognized ,disguise cannot be
aggravating.
15. ABUSE OF SUPERIOR STRENGTH OR
MEANS TO WEAKEN DEFENSE
Q: what is abuse of superior strength?
A: To use purposely excessive force
out of proportion to the means of
defense available to the person
attacked.
there must be evidence of notorious
inequality of forces between the
offender and the offending party in
their age ,size and strength ,and that
the offender took advantage of such
superior strength in committing the
crime.
Q: Is the mere fact that there were two
persons who attacked the victim
constitute abuse of superior strength?
A: No, it does not per se constitute
abuse of superior strength .It must be
shown that the offenders have taken
advantage of their collective strength
to overpower their relatively weaker
victim or victims.
Note: Abuse of superior strength is
inherent in the crime of parricide
where the husband kills the wife it is
generally accepted that the husband
is physically stronger than the wife.
when there are several offenders
participating in the crime ,they must
all be principals by direct participation
and their attack against the victim
must be concerted and intended to
be so.
abuse of superior strength is also
present when the offender uses a
weapon which is out of proportion to
the defense available to the offended
party.

Q what is the test in order to determine
abuse of superior strength>
A: for abuse of superior strength the
test is the relative strength of the
offender and his victim ,whether or not
he took advantage of his greater
strength.
NO ADVANTAGE OF SUPERIOR
STRENGTH IN THE FOLLOWING
1. One who attack another with
passion and obfuscation does not
take advantage of his superior
strength .
2. when a quarrel arose
unexpectedly and the fatal blow was
struck at a time when the aggressor
and his victim ,were engaged against
each other as man to man
Q: when does means employed to
weakend defense exist?
A: It exist when offended party's
resisting power is materially
weakened.
Q: in what cases is it applicable?
A: It is applicable only to crime against
person and sometime to crimes
against property ,such as robbery with
homicide.
Means to weaken the defense is
absorbed in treachery.
Q: what is treachery ?
A: Treachery (Alevosia) refers to the
employment of means, method, or
form in the commission of the crime
which tend directly and specially to
insure its execution without risk to
himself arising from the defense which
the offended party might make.
The means ,method or form employed
may be an aggravating circumstance
like availing of total darkness in night
time or availing of superior strength
taken advantage of by the offender
employing means to weaken the
defense .
Q: What are the requisites of
treachery?
A;
1. at the time of the attacked
,victim was not in the position to
defend himself
2. Offender consciously adopted
the particular means ,method or form
of attack employed by him .
Q: What is the essence of treachery
A: the essence of treachery is that by
virtue of the means ,method or form
employed by the offender ,the
offended party was not able to put up
any defense.
If the offended party was able to put
up a defense their is no treachery
anymore ,instead some other
aggravating circumstances may be
present but not treachery anymore.
Q: when is there treachery?
A: Treachery is out when the attack
was merely incidental or accidental
because because in the definition of
treachery ,the implication is that the
offender had consciously and
deliberately adopted the method,
means and form used or employed by
him.
Suddenness of the attacked does not
by itself constitute treachery in the
absence of evidence that the manner
of the attack was consciously
adopted by the offender to render
the offended party defenseless
except if the victims are children of
tender years.
Applicable only to crimes against
persons.
Mode of attack must be thought of by
the offender ,and must not spring from
the unexpected turn events.
treachery absorbs;
1. abuse of superior strength
2. aid of armed men
3. by a band ,and
4. means to weaken the defense
5. craft
6. night time
Q: Must treachery be present at the
beginning of the assault ?
A: It depends
1. when the aggression is
continuous treachery must be present
at the beginning of the assault
2. when the assault was not
continuous ,it is sufficient that
treachery was present when the fatal
blow was given
17. THAT MEANS BE EMPLYED OR
CIRCUMSTANCES BROUGHT
ABOUTWHICH ADD IGNOMINY TO THE
NATURAL EFFECT OF THE ACT.
Basis: Has reference to the means
employed in the commission of the
crime
Q: what is ignominy?
A: Ignominy is a circumstance
pertaining to the moral order ,which
adds disgrace and oblaguy to the
material injury caused by the crime
Ignominy adds insult to injury or adds
shame to the natural effect of the
crime .
Ignominy shocks the moral
conscience of man
E.g.
1. A married woman being raped
before the eyes of her husband
2. Raping a woman from behind
3. after having been killed the body
was thrown into pile of garbage
Ignominy is applicable to crimes
against chastity less serious physical
injuries ,light or grave coercion ,and
murder.
the means employed must tend to
make the effects of the crime more
humiliating or to put the offended
party to shame.
Q: what is the distinction between
ignominy and cruelty ?
A:
 Ignominy cruelty The use of unauthorized entrance
Ignominy refers to Cruelty pertains to must be for the purpose of entry and
the moral effect be physical not for escape.
of a rime and it sufferings of the
pertains to the victim, so the Unlawful entry must be a means to
moral order of the victim has to be effect entrance and not for escape.
victim is dead or alive
alive Note: This circumstance is inherent in
the crimes of trespass to dwelling and
Note: Ignominy and cruelty are robbery with force upon things.
circumstances brought about which
are not necessary in the commission of But it is aggravating in the crime of
the crime robbery violence against or
intimidation of persons.
Q: What is the meaning of which add
ignominy to the natural effect thereof? 19. THAT AS A MEANS TO THE
COMMISSION OF A CRIME ,A WALL
A; The means employed or the ,ROOF ,FLOOR,DOOR,OR WINDOW BE
cicumstances brought about must BROKEN.
tend to make the effects of the crime
more humiliating to victim or to put Q: When is breaking wall considered
the offended party to shame ,or add aggravating?
to his moral suffering .thus it is incorrect
to appreciate ignominy where the A: To be considered aggravating a
victim was already dead when his wall, roof ,floor ,door ,or window must
body was dismembered for such act have been broken as a means in the
may not be considered to have commission of a crime.
added to the victim 's moral suffering
or humiliation ( People vs Carmina G.R This circumstance is referred to as
no. 81404 january 281991) aggravating circumstance of forcible
entry.
18.UNLAWFUL ENTRY
Q: What is the distinction between
Basis : has reference to the means and paragraph 19 and paragraph 18?
ways employed in the commission of
the crime. A:
Paragraph 19 Paragraph 18
Q: When an entry considered unlawful It involves the Presupposes that
? breaking of the there is no such
enumerated parts breaking as by
A: when an entry is effected by way of the house. entry through the
not intended for the purpose. window.
20. THAT THE CRIME BE COMMITTED
WITH
1, with the aid of person under
fifteen year of age
2, by means of motor vehicle
airship or other similar means
Basis: has reference to the means and
ways employed in the commission of
the crime .
TWO DIFFERENT CIRCUMSTANCES
GROUPED IN THIS PARAGRAPH.
1, With the aid of persons under
fifteen years of age.
Ratio- to repress professional criminals
to avail themselves of minors
taking advantage of their
irresponsibility and the to counteract
the great facilities found by modern
criminals to commit the crime and
abscond once the same is committed
The use of minor in the commission
of the crime shows the greater
perversity of the offender because he
is educating the innocent minor in
committing crime
2. By means of motor vehicle ,airship,
or other similar means.
Ratio - The use of motor vehicles
in the commission of a crime poses
difficulties to the authorities
apprehending the offenders.
this circumstance is aggravating only
when used to facilitate the
commission of the offense. If motor
vehicle is used only in the escape of
the offender ,motor vehicle is not
aggravating.
Meaning of other similar means
Should be understood as referring to
motorized vehicles or other efficient
means of transportation similar to
automobile or airplane.
21.THAT THE WRONG DONE IN THE
COMMISSION OF THE CRIME BE
DELIBERATELY AUGMENTED BY
CAUSING OTHER WRONG NOT
NECESSARY FOR ITS COMMISSION
Basis: has reference to the ways and
employed in the commission of the
crime .
Q: when does cruelty exist?
A: when the culprit enjoys and delights
in making his victim suffer slowly and
gradually ,causing him unnecessary
and prolonged physical pain in the
consummation of the crime.
Q: what are the requisites of cruelty as
an aggravating circumstance ?
A:
1. Injury caused be deliberately
increased causing other wrong.
2. Other wrong be unnecessary for
the execution of the purpose of the
offender .
Q: Is cruelty inherent in crimes against
persons
A: No, in order for it to be appreciated
,there must be positive proof that the
wounds found on the body of the
victim were inflicted while he was still
alive in order unnecessary to prolong
physical suffering
For cruelty to exist as an aggravating
circumstance ,there must be
evidence showing that slowly and
gradually and that he is delight seeing
the victim suffer in pain.
Cruelty is aggravating in rape where
the offender tied the victim to a bed
and burnt her face with lighted
cigarette while raping her laughing all
the way.
If the victim was already dead when
the acts of mutilation were being
performed ,this would also qualify the
killing to murder due to outraging of
his corpse.
Q: What is the distinction between
paragraph 17 and paragraph 21?
A:
Paragraph 17 Paragraph 21
Involves moral Refers to physical
suffering suffering
CHAPTER V
ALTERNATIVE CIRCUMSTANCES
15. Their concept- Alternative
circumstances are those which must
be taken into consideration as
aggravating or mitigating according
to nature and effect of the crime and
the other condition attending its
commission .they are the relationship
,intoxication and the degree of
instruction and education of te
offender.
The alternative circumstances of
relationship shall be taken into
consideration when the offended
party is the spouse
,ascendant, descendant ,legitimate
,natural or adopted brother or sister ,or
relative by affinity in the same degree
of the offender.
The intoxication of the offender
shall be taken into consideration as a
mitigating circumstance when the
offender has committed a felony in a
state of intoxication ,if the same is not
habitual or subsequent to the plan to
commit said felony ;but when the
intoxication is habitual or intentional ,it
shall be considered as an aggravating
circumstance.
NOTES
Basis: the nature and effects of the
crime and other conditions attending
its commission.
Q: What are the alternative
circumstances ?
A: Those which must be taken into
consideration as aggravating or
mitigating according to the nature
and effects of the crime and teh other
conditions attending its commission .
Q: what are the four alternative
circumstances?
A:
1. Relationship
2. intoxication
 3. degree of instruction and
education of the offender.
1. RELATIONSHIP
Q: when is relationship taken into
consideration ?
A: The alternative circumstance of
relationship shall be taken into
consideration when the offended
party is the:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate ,natural ,or adopted
brother or sister,or
4. Relative by affinity in the same
degree of the offender
Q: who are other relatives included by
analogy to ascendants and
descendants?
A: The other relative included by
analogy to ascendant and
descendant:
1. relationship of stepfather or
stepmother and step children
2. Relationship of adopted parent
and adopted child.
But the relationship of uncle and niece
is not covered by any of the
relationship
Note: However, relationship is not
simply mitigating or aggravating
there are specific circumstances
where relationship is exempting.
Q: When is relationship exempting?
A:
1. In the case of an accessory who
is related to the principal within the
relationship prescribed in Article 2.
2. Also in Article 247, a spouse will
not incur criminal liability for a crime of
less serious physical injuries if this was
inflicted after having surprised the
offended spouse or paramour or
mistress committing actual sexual
intercourse
3. under Article 332 in the crime of
theft ,malicious mischief and
swindling or estafa ,there is no criminal
liability but only civil liability. if the
offender is related to the offended
party as spouse, ascendant, or
descendant or if the offender is a
brother or sister or brother in law or
sister in law of the offended party and
they are living together.
Q: when is relationship mitigating?
A:
1. In crimes against property ,by
analogy to Art.332 (Person exempt
from criminal liability)
2. In crimes against persons when it
comes to physical injuries ,it is
mitigating when the offense
committed is less serious physical
injuries or slight physical injuries ,if the
offended party is a relative of a lower
degree.
Q: when is relationship aggravating?
A:
In crimes against person in cases :
1. where the offended party is a
relative of higher degree than the
offender or.
2. when the offender and the
offended party are relative of the
same level as killing a brother.
3. where the crime is physical
injuries
a. serious physical injury -even if
the offended party is a descendant of
the offender . relative of a higher
degree of the offender.
b. when the crime is homicide or
murder ,relationship is aggravating
even if the victim of the crime is
relative of a lower degree.
2. In crimes against chastity. like
acts of lasciviousness (Art 336)
relationship is always aggravating
,regardless of whether the offender is
a relative of a higher or lower degree
of the offended party
Q: when is relationship neither
aggravating not mitigating?
A: Relationship is neither aggravating
nor mitigating ,when relationship is an
element of the offense
E.g. Parricide ,adultery and
concubinage.
Note: In the crime of qualified
seduction ,relationship is a qualifying
aggravating circumstances where the
offender is a brother or an ascendant
of the offended woman ,whether or
not the woman is a virgin or over 18
years of age.
2. INTOXICATION
Q: when is intoxication mitigating?
A: If intoxication is
1. not habitual; or
2. not subsequent to the plan to
commit a felony
Note: because of intoxication ,the
offender is acting under diminished
self control
Q: when is intoxication aggravating?
A: If intoxication is
1. habitual or
2. intentional (subsequent to the
plan to commit a felony)
Note: the moment intoxication is
shown to be habitual or intentional to
the commission of the crime ,the same
will immediately aggravate ,regardless
of the crime committed.
Q: what determines whether
intoxication mitigating or not?
A: the basis is the effect of the alcohol
upon the offender ,not the quantity of
alcohol drink he had taken in
Q: What is habitual drunkard
A: Habitual drunkard is one who has
given to intoxication by excessive use
of intoxicating drinks.
Note : to be mitigating the accused
state of intoxication must be proved
Once intoxication is established by
satisfactory evidence ,in the absence
of proof to the contrary it is presumed
to be non habitual or intentional
3.DEGREE OF INSTRUCTION
4. EDUCATION OF OFFENDER If the offender is a lawyer who
committed rape the fact that he has
Q: Is degree of instruction or knowledge of the law will not
education mitigating aggravate his liability.

A: Ratio- His knowledge has nothing to

GR: lack or low degree of instruction is
mitigating in all crimes
XPN: Not mitigating in:
1. crimes against property
2. crimes against chastity
3. murder or homicide
4. rape
do with the commission of crime
But if a lawyer committed falsification
,that will aggravate his criminal liability
because he used his special
knowledge as a lawyer.
Ratio: He took advantage of his
learning in committing the crime.

Q: Is the degree of instruction and TITLE TWO

education two distinc circumstances? PERSONS CRIMINALLY LIABLE FOR
FELONIES
A: Yes, One may not have any degree
of instruction but is nevertheless Art. 16. whoa are criminally liable- The
educated. following are criminally liable for
grave and less grave felonies?
Note: it is not illitiracy alone but lack of 1. Principals
intelligence of the offender that is 2. Accomplice
considered. 3. Accessories

Low degree of education is never The following are criminally liable for
aggravating the same manner that light felonies
high degree is never mitigating
1. Principals
The fact that the offender did not 2. Accomplices
have schooling and is illiterate does
not mitigate his liability if the crime NOTES
committed is one which he inherently
understand as wrong such as Q: Who are criminally liable for grave
parricide, theft or rape. and less grave ?

Ratio- The low degree of instruction A: the following are criminally liable for
has no bearing on the crime. grave and less grave felonies.

illustration 1. principal
2. accomplice
3. accessories
 the crime.
Q: Who are criminally liable for light 2. Passive subject (injured party)
felonies? the holder of the injured right the man
the juristic person the group and the
A: The following are criminally liable for state.
light felonies.
1.principals Note: Only the natural person can be
2. accomplices the active subject of crime because
of the highly personal nature of the
when more than one person criminal responsibility.
participated in the commission of a
crime ,the law looks into their However, corporation and partnership
participation because in punishing can be a passive subjects because
offenders ,the RPC classifies them as: they have no rights that may be
injured.
1. principal
2. accomplice Corpses and animals cannot be
3. accessory passive subjects because they have
no rights that may be injured
Note -This classification is true only
under the RPC and is not used under EXCEPTION: Under Art.253 the crime of
the special laws,because the defamation may be committed if the
penalties under special laws are not imputation tends to blacken the
graduated ,However, if a special law memory of one who is dead .
provides for the same graduated
penalties as those provided under the this Art applies only when the
RPC, the classification under the RPC offenders are to be judged by their
may be adopted. individual ,and not collective liability.

Q: Are accessories liable for light PRINCIPAL

felonies?
Q: What are the different
A: No, In the commission of light classifications of criminal
felonies ,the social wrong as well as responsibility?
the individual prejudice is so small that
penal sanction is deemed not A:
necessary for accessories. 1. Individual criminal responsibility-
When there is no conspiracy each of
Q: What are two parties in all crimes ? the offenders is liable only for the act
performed by him.
A: The two parties in all crimes are: 2. Quasi collective criminal
responsibility- Some offenders in the
1. Active subject (the criminal)Art crime
16 enumerates the active subject of
are principals and the others are
accomplice.
3. Collective criminal responsibility-
where there is conspiracy ,the act of
one is the act of all .all conspirators
are liable as co principals ,regardless
of the extent and character of their
reputation.
Q: what are the kinds of principal?
A:
1. Principal by direct participation
2. Principal by induction
3. Principal by indispensable
cooperation
1.Principal by direct participation
Q: Who is principal by direct
participation ?
A: One who
1. Participated in the criminal
resolution
2. Carried out the plan and
personally took part in its execution
by acts ,which directly tended to the
same means.
Note: Principals by direct participation
are those who materially executes the
crime
when the second requisites is lacking
there is only a conspiracy
In conspiracy by prior agreement ,the
principal by direct participation who
does not appear at scene of the
crime is not liable because :
1. His non appearance is deemed
desistance which is favored and
encouraged.
2. Conspiracy is generally not a
crime unless the law specially provides
a penalty therefore (Art 8) Thus ,by
merely conspiring the would be
participator has not yet committed
any crime unless he would appear
at the scene of the crime and perform
any act directly or indirectly in
the accomplishment of the
conspiracy because there is no
criminal participation.
3. There is no basis for criminal
liability because there is no criminal
participation.
GR: If there is conspiracy ,the criminal
liability of all participants will be the
same ,because the act of one is the
act of all.
XPN: If the participation of one is so
insignificant ,such that even without
his cooperation ,the crime would be
committed just as well ,then
notwithstanding the existence of a
conspiracy ,such offender will be
regarded only as an accomplice.
Ratio: The law favors a milder form of
criminal liability if the act of the
participant does not demonstrate a
clear perversity.
GR: when there is conspiracy ,the fact
that the element of the offense is not
present as regards one of the
conspirators is immaterial.
XPN:
1. In parricide - the element of
relationship must be present as
regards the
offenders
2. In murder -where treachery is an gravity and eminence that
element of the crime ,all offenders the ordinary man would
must have knowledge of the have succumbed to it.
employment of the treachery at the
time of the execution of the act. Note: Only the one using force or
causing fear is criminally liable .the
2. Principal by Induction material executor is not criminally
liable because of the exempting
Q: what is meant by Inducement? circumstances of irresistible force and
uncontrollable fear.
A: The inducement contemplated is 1. by directly inducing another to
one strong enough that the person commit a crime
induced could hardly resist 2. . by giving a price ,or offering
inducement is tantamount to an reward or promise
irresistable force compelling the
person induced to carry out the Requisites
execution of the crime
a. inducement must be made
To be a principal by inducement ,the directly with the intention of procuring
inducers utterances must be of such the commission of the crime.
nature and made in such manner as b. Such inducement be the
to become the determining cause of determining cause of the commission
the crime. of the crime by material executor.
c. Using a word of command
Principal by inducement are liable
even if they do not appear at the Requisites
scene of the crime.
a. The one uttering the words
Q: what are the two ways of directly of command must have
inducing another to commit a crime? the intention of procuring
the commission of the
A: crime
1. by directly forcing another to b. He must have an
commit a crime ascendancy or influence
a. By using irresistible force - over the person acted
such physical force as would upon.
produce an effect upon the c. Words used must be so
individual that in spite of all direct, so efficacious, and
resistance it reduce him to a powerful as to amount to
mere instrument. physical or moral coercion
b. causing uncontrollable fear d. Words of command must be
- compulsion by means of uttered prior to the
intimidation or threat that commission of the crime
promises of an evil of such
 e. Material executor of the
crime has no personal
reason to commit the crime.
Illustration of three types of principals.
A, by promises of price and
reward ,induced B to kill C, a person
living on an island for from the
mainland. D the owner of the only
motor boat in the place and knowing
the criminal designs of A and B
,offered to transport and actually
transported B to the island .Once
there, B alone killed C.
Although he did not actually
participate in the killing of C,A is a
principal ,because he directly
induced B to kill C.B is also a principal
,because he took direct part in the
execution of the felony by personally
killing C.D is also a principal ,because
he cooperated in the commission of
the offense by another act
(transporting the actual killer to the
island)without which the commission
of the offense would not have been
accomplished.
Q: when will the criminal liability of
principal by inducement arise?
A: A principal by inducement
becomes liable only when the the
crime is committed by the principal by
by direct participation.
Q: What is the effect of the acquittal of
the principal by direct participation of
the liability of the principal by
inducement?
A:
1. Conspiracy is negated by the
acquittal of co defendant
2. One cannot be held guilty of
having instigated the commission of a
crime without first being shown that
the crime has been actually
committed by another.
If the one charged as principal by
direct participation is acquitted
because he acted without a criminal
intent or malice his acquittal is not
ground for the acquittal of the
principal by inducement.
Ratio: In exempting circumstances
(irresistible force and uncontrollable
fear) the act is done without criminal
intent Here, there is a crime
committed ,only that the accused is
not a criminal because of the
absence of criminal intent .
3. Principal by indispensable
cooperation
Q: who is a principal by indispensable
cooperation ?
A: Those who:
1. participated directly in the
criminal resolution
2. Cooperated in the
commission of the crime by
performing an act without which it
would not have been accomplished.
Note: A principal by indispensable
cooperation may be a conspirator
under the doctrine of implied
conspiracy .He becomes a co
conspirator by indispensable
cooperation ,although the common
design or purpose was not previously 2.Cooperates in the execution of
agreed upon. theoffense by previous or
simultaneous acts, with the
Q: A asked B to kill C because of a intention of supplying material or
grave injustice done to A by C.A moral aid in the execution of the
promised B a reward .B was willing to crime in an efficacious way.
kill C, not so much because of the
reward promised to him but because 3. there is relation between the acts
he also had his own long standing done by the principal and those
grudge against C, who had wronged attributed to the person charged
him in the past, if C is killed by B, as principal
would A be liable as a principal by
inducement. Cooperation of an accomplice is only
necessary not indispensable ,
A; No, A would not be liable as a
principal by inducement because the Note: the person charged as an
reward he promised B is not the sole accomplice should not have inflicted
impelling reason which made B to kill a mortal wound, if he inflicted a
C to bring about criminal liability of a mortal wound ,he becomes a
co principal ,the inducement made principal by direct participation.
by the inducer must be the sole
consideration which cause the person Q: what distinguishes an accomplice
induced to commit the crime and from a principal by indispensable
without which the crime would not cooperation and conspirator?
have been committed .The facts of
the case indicate that B, the killer A:
supposedly induced by A, had his own Principal by Indispensable
reason to kill C out of a long standing Accomplice
grudge (2002 Bar Question) If the could hardly be committed
without such cooperation, then such
ART.18: Accomplices - Accomplice cooperation would bring about a
are the persons who ,not being principal. If the cooperation merely
included in Article 17 ,cooperate in facilitated or hastened the
the execution of the offense by consummation of the crime, this could
previous or simultaneous act. make the co-operator merely an
accomplice
NOTES

Q:who is an accomplice ? Q: What are the distinctions between

accomplice and conspirator?
A: One who
1. Concurs with the criminal design of A:
the principals by direct participation: Accomplice Conspirator
They come to They come to previous agreement or understanding
know about it know the criminal with his co defendant (People vs
after the intention because Escarro,89 Phil.520, 524)
principals have they themselves
reached the have decided 2. The three persons who actually
decision and only upon such course detained the offended woman were
then do they of action principals in the crime of illegal
agree to detention and the three other
cooperate in its accused who held the victim's
execution companion ,in order to prevent the
They are merely they are the latter from rendering any help to the
instruments who author of the victim ,were accomplice, there being
perform acts not crime. no conspiracy among them.
essential to the
preparation of the ART.19. Accessories- Accessories are
offense those who, having knowledge of the
commission of the crime ,and without
having participated therein either as
Illustration principal or accomplices take part
subsequent to its commission in any of
a. By previous acts. the following manners:

The example of cooperation by 1. By profiting themselves or

previous act is the lending of
dagger or pistol to murderer,
knowing the latter's criminal purpose.
In the crime of rape, the pharmacist
who knowing the criminal purpose of
another ,furnishes him the drug with
which he will put his victim to sleep ,is
also an accomplice in the crime
(U.S. vs Flores,25 Phil .595,597 ,598)
b.By simultaneous acts
1.The defendant who held one of the
hands of the victim and tried to take
away the latter's revolver, while his co
defendant was attacking him,is an
accomplice ,for he cooperated in the
execution of the crime by
simultaneous acts without any
assisting the offender to profit by the
effects of the crime.
2. By concealing or destroying the
body of the crime or the effects or
instruments thereof ,in order to prevent
its discovery.
3. By harboring ,concealing ,or
assisting in the escape of the principal
of the crime ,provided the accessory
acts with abuse of his public function
or whenever the author of the crime is
guilty of treason,parricide ,murder,or
any attempt to take the life of chief
executive ,or is known to be habitually
guilty of some other crime
NOTES
Q: Those who do not participate in the 2. when the accessory is related to
criminal design ,nor cooperate in the the principal as spouse ,or as an
commission of the felony ,but with the ascendant
knowledge of the commission of the or descendant or as brother or sister
crime ,He subsequently takes part in whether legitimate ,natural or
three ways by: adopted or whether legitimate
,natural or adopted or where the
A: accessory is a relative by affinity within
1. Profiting or assisting the offender the same degree ,unless the
to profit in the effects of the crime. accessory himself profited from the
2. Concealing or destroying the effects or proceeds of the crime or
body of the crime to prevent its assisted the offender to profit there
discovery from.
3. Harboring ,concealing or
assisting in the escape of the principal 1. Profiting or assisting the offender to
of the crime. profit by the effect of the crime

Note: one cannot be an accessory Illustration

unless he knew of the commission of
the crime An accessory comes into
picture when the crime is already
consummated,not before the
consummation of the crime .
Q: what if the offender has already
involved himself as a principal or
accomplice ?
A: Then he cannot be an accessory
any further even though he performs
acts pertaining to an accessory.
Note: Where the accused misleads
the authorities by giving them false
information ,such act is equivalent to
concealment and he should be held
as an accessory.
Q: In what situation accessories are
not criminally liable ?
A
1. when the felony committed is a
light felony
If a person who having participated
as principal or accomplice in Robbery
or theft but knowing that the property
being offered to him is the proceeds
or subject matter of the said crime
,bought or purchased or dealth in the
manner with which such property
,obtaining benifit from said transaction
or helping the thief or robber to profit
therefrom.
2. By concealing or destroying the
body of the crime to prevent its
discovery.
Requisites
1. The fact that the crime was
committed
2. The participation of the
offender in the commission of the
crime
Note: Body of the crime is equivalent
to corpus delicti It means that specific
offense was in fact committed by
someone (people vs Marquez 43
O.G.No 5)
Illustration
1. Concealing the body of the
crime
a. Those who assist in the burial of
the victim of a homicide to prevent
the discovery of the crime incur the
responsibility of accessories.
In homicide or murder ,it is necessary
to prove that a particular person is the
victim .The victim must be properly
identified. Thus, if the body of the
victim cannot be found, the crime
cannot be proved Hence, the
concealing of the body of the victim is
in effect concealing the crime itself.
b. Furnishing the means to make it
appear that the deceased was
armed, by placing a weapon in his
hand when already dead ,and that it
was necessary to kill him on account
of his resistance to the constabulary
men; or making it appear that the
deceased who had been arrested ran
away
(U.S. vs Cuison,20 Phil .433;People vs
Saladino G.R. No L -11893,May 23
1958)
2. Concealing or destroying the
effect or instrument of the crime to
prevent its discovery.
a. A person who destroyed the
ladder which he knew had been used
by another in climbing the wall of the
house where the latter had
committed robbery ,is guilty of the
same crime as accessory the ladder is
an instrument of the crime.
b. He is guilty of the crime of
homicide as an accessory under
paragraph No.2 of Art 19,who
received a pistol or a knife knowing
that it had been used in killing the
deceased, and concealed it
3. Harboring or concealing an
offender
In the third for or manner of becoming
an accessory ,take not that the law
distinguishes between a public officer
harboring ,concealing or
assisting the principal to escape and a
private citizen or civilian harboring
concealing or assisting the principal to
escape.
In the case of public officer ,the crime
committed by the principal is
immaterial ,Such officer becomes an
accessory by the mere fact that he
helped the principal to escape by
harboring or concealing or making
use of his public function and thus
abusing the same.
On the other hand ,in case of a
civilian ,the mere fact that he
harbored concealed or assisted the
principal to escape does not ipso
facto make him an accessory .the law
requires that the principal must have
committed the crime of treason,
parricide, murder, or attempt on the
life of chief executive.
Illustration
 Crime committed is kidnapping for
ransom, principal was being chased 3. Harboring or concealing an
by Police officers .His aunt hid him in offender
the ceiling of her house and aunt
denied to police officers that her Q: who may be guilty as accessories
nephew had ever gone there .where by harboring ,concealing or assisting
the police officers left .the aunt even in the escape of the principal of the
gave money to her nephew to go to crime ?
province .Is aunt criminaly liable as
accessory?Held .No,Art 20 does not A:
include an auntie ,However this is not 1. Public officers
reason .the reason is because one
who is not a public officer and who Requisites
assists an offender to escape or a. Accessory is a public off
otherwise harbors.or conceal such b. He harbors, conceals,or assist
offender .the crime committed by the in the escape of the
principal must be either treason principal
,parricide ,murder or attempt on the c. He act with abuse of his
life of the chief executive or the public functions
principal is known to be habitualy d. The crime committed by the
guilty of some other crime. principal is any crime,
provided it is not a felony.
Q: what is corpus delicti?
In any case of a public officer ,the
A: The corpus delicti is the body of the crime committed by the principal is
crime ,not necessarily the immaterial.Such officer becomes an
corpse.Corpus delicti means the body accessory by the mere fact that he
or the substance of the crime or to the helped the principal to escape
fact that the crime has actually been harboring or concealing ,making use
committed .It is a compound fact of his public function and thus abusing
made up of two things: the same .

a. The proof of the occurrence of 2. Private persons

certain events ;and
b. Some person's criminaly Requisites
responsibility.
a..Accessory is a private person
Thus ,even if the corpse is not b. He harbors,conceals or assists in
recovered ,as long as that killing is escape of the author of the crime
established beyond reasonable c.The crime committed by the
doubt,criminal liability will arise and if principal either
there is someone who destroys the
corpus delicti to prevent discovery,he 1. treason
becomes accessory. 2. parricide
3. murder
4. attempt against the life of
President
d.That the principal is known
habitually guilty of some other crime .
Q: Does the mere fact that a person
harbored ,concealed,or assisted the
principal to escape make him an
accessory?
A: No, It does not ipso facto make him
an accessory.
Note: The crime committed by the
principal determinative of the liability
of the civilian /accessory who
harbors,conceals knowing that the
crime is committed .
The crime committed by the rpincipal
must either be treason, parricicde
,murder or attempt on the life of the
Chief executive or the principal is
known to be habitually guilty of some
other crime .
GR: The accessory cannot be held
criminaly liable without the principal
being found guilty of such crime.
Ratio: A person does not become
criminally liable harboring or assisting
in the escape of an innocent man.
Note: Correlate this Article with the
rpovisions of the (Anti Fencing Law PD
1612) and obstruction of justice Both
laws will be discussed under special
laws.
ANTI FENCING LAW OF 1979
Pres.Decree 1612
Fencing-an act with intent to gain ,of
buying ,selling,receiving possessing
keeping ,or in any manner dealing in
anything of value which a person
knows or should have known to be
derived from the proceeds of the
crime of robbery or theft.
Fence- a person who commits the act
of fencing .a fence who receives
stolen property as above provided is
not an acecessory but a principal in
the crime defined in and punished by
the anti fencing law.
Mere possession of anything of value
which has been the subject of robbery
or theft shall be prima facie evidfence
of fencing.
20. ACCESSORIES EXEMPT FROM
CRIMINAL LAIBILITY
GR: An accessory is exempt from
criminal liability when the principal is
his:
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted
brother, sister or relative by affinity
within the same degree.
XPN: Not so exempt even if the
principal is related to him, if such
accessory
1. Profited by the effects of the crime
,or
2. Assisted the offender to profit from
the effects of the crime
 Ratio : Because such acts are provided in Art,20 of the RPC (2004 Bar
prompted not by affection but by questios)
detestable greed
TITLE THREE
The public officer contemplated in par PENALTIES
3 of Art 19 is exempt by reason of
relationship to the principal ,even if Chapter One
such public officer acted with abuse PENALTIES IN GENRAL (Art. 21-24)
of his official functions.
Q:What are Penalties?
Ratio :Ties of blood relationship
constitutes a more powerful incentive Penalties are the punishment imposed
than the call of duty. by lawful authority upon a person who
commits a deliberate negligent act.
P.D 1829 penalizes the act of any
person who knowingly or willfully Q. What are the juridical conditions of
obstructs, impedes, frustrates or delays penalty?
the apprehension of suspect and the
investigation and prosecution of A.
criminal cases. 1. Productive of Suffering, without
however affecting the integrity of the
The benefits of the exception in Art 20 human personality.
do not apply to PD 1829 2. Commensurate with the
offense. Different crimes must be
Q: DCB the daughter of MCB ,stole the punished with different penalties
earrings of a stranger .MCB pawned 3. Personal- No one should be
the earrings with TBI Pawnshop as a punished with the crime of the
pledge for P500 loan .During the another.
trial,MCB raised the defense that 4. Legal- Its is a consequence of a
being the mother of DCB, She cannot judgement according to law.
be held liable as an accessory .Will 5. Certain – No one may escape
MCB'S defense prosper ? Reason its effects.
briefly. 6. Equal to all
7. Correctional.
A: No, MCB's defense will not prosper
because the exemption from criminal Q: What are the purposes for the
liability of an accessory by virtue of imposition of penalty under the RPC?
relationship with the Principal does not
cover accessories who themselves A: The Three-fold purpose penalty:
profited from or assisted the offender
to profit by the effect or proceeds of a. Retribution / Expiation – penalty
the crime .This non exemption of an is commensurate with the gravity of
accessory ,though related to the the offense.
principal of the crime ,is expressly
b. Correction / Reformation – as
shown by the rule which regulate the
execution of the penalties consisting in
deprivation of liberty.
c. Social Defense- Shown by its
inflexible severity to recidivist and
habitual delinquencies.
Q: what are the theories justifying
penalty
A: the following are theories justifying
penalties
A .Prevention- the state must punish
the criminal to prevent or suppress the
danger to the state arising from the
criminal act of the offender.
b. Self defense- the state has a right
to punish the criminal as a measure of
self defense so as to protect society
from the threat and wrong inflicted by
the criminal .
c. Reformation - the object of
punishment in criminal cases is to
correct and reform the offender.
d. Exemplarity – the criminal is
punished to serve as an example to
deter others from committing crimes.
e. justice - by the state as an act of
retributive justice ,a vindication of
absolute right and moral law violated
by the criminal .
Q: What are the Classes of injuries
caused by a Crime?
A:
1. Social Injury – Repaired through
the imposition of the corresponding
penalty.
Offended party cannot pardon the
offender so as to relieve him of the
penalty.
2. Personal Injury – Repaired
through indemnity. it can be waived
by the offended party.
Q: What are the measures of
prevention that are not considered as
penalty? (Art. 24)
A.
1. The arrest and temporary
detention of accused person
(preventive imprisonment) as well as
their detention by reason of insanity or
imbecility or illness requiring their
confinement in a hospital.
2. The commitment of a minor to a
reformatory institution.
3. Suspension from employment or
public office during the trial or n order
to institute proceedings.
Q: When is an accused considered as
preventively imprisoned?
A:
1. Offense charged is non-
bailable , or
2. Even if bailable, he cannot
furnish the required bond.
Q: When is an offense is preventively
imprisoned entitles to deduction from
penalty imposed?
A:
1. Full Time- if he agrees voluntarily
in writing to abide by the same
disciplinary rules imposed upon
convinced prisoners.
2. 4/5 or 80% of the time – if he disqualification,
does not agree to such rules 6.Prision mayor.
mentioned above. c. Correctional penalties:

Q: Who are not entitled to deduction? 1. Prision correctional

2. Arresto mayor,
A: 3. Suspension,
1. Recidivists 4. Destierro.
2. Habitual Delinquents d.Light penalties:
3. Those who, upon being
summoned for the execution of their 1. Arresto menor,
sentence, failed to surrender 2. Public censure.
voluntarily.
e.Penalties Common to the Three
Q: What is Subsidiary Imprisonment? receding classes:
1. Fine, and Bond to
A: Personal penalty prescribe by law keep the peace
in substitution of the payment of fine 2. Accessory Penaltie
embodied in the decision when the 3. Perpetual or
same cannot be satisfied because of temporary absolute
the culprit’s insolvency. (People v. disqualification
Jarumayan, 52 O.G. 248) 4. Perpetual or
temporary special
disqualification
Chapter Two: 5. Suspension from public
CLASSIFICATION OF PENALTIES office, the right to vote
(Art. 25-26) and be voted for, the
Art. 25. Penalties which may be profession or calling,
imposed. — The penalties which may 6. Civil interdiction,
be imposed according to this Code, 7. Indemnification,
and their different classes, are those 8. Forfeiture or
included in the following: confiscation of
instruments and
Scale , Principal Penalties proceeds of the
offense,
a.Capital punishment: 9. Payment of costs.
1. Death 10.
b. Afflictive penalties: Art. 26. When afflictive, correctional, or
light penalty. — A fine, whether
1. Reclusion Perpetua, imposed as a single of as an
2. Reclusion temporal, alternative penalty, shall be
3. Perpetual or temporary absolute considered an afflictive penalty, if it
disqualification, exceeds 6,000 pesos; a correctional
4.Perpetual or temporary special penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; with subsidiary imprisonment in the
and a light penalty if it less than 200 case of insolvency.
pesos.chanrobles virtual law library
Q: What are the general classifications a. Is the penalty proper? Explain.
of penalty? b. May the judge impose an
A: alternative penalty of fine or
1. Principal penalties – those imprisonment? Explain.
expressly imposed by the court in the A:
judgment of conviction. a. Imposing the penalty of fine
2. Accessory penalties – those that jointly and severally on the two
are deemed included in the convicted accused is not proper. The
imposition of the principal penalties. penalty should be imposed
individually on very person accused of
Q: What are the principal penalties, the crime. Any of the convicted
according to their divisibility accused who is insolvent and unable
A: to pay the fine, shall serve the
1. Indivisible penalties – those subsidiary imprisonment.
which have no fixed duration. b. The judge may not validly
Includes: death and impose an alternative penalty.
reclusion perpetua. Although the law may prescribe an
2. Divisible penalties – those that alternative penalty for a crime, it does
have fixed duration and are divisible not mean that the court may impose
into three periods. Includes: reclusion the alternative penalties at the same
temporal down to arresto menor. time. The sentence must be definite.
Otherwise, the judgment cannot
Q: What are the penalties, according finality. (2005 Bar Question)
to their gravity?
A: Chapter Three:
1. Capital DURATION AND EFFECT OF PENALTIES
2. Afflictive Art. 25-26)
3. Correctional
4. Light Q: What is the duration of penalties?
A:
Fines: May be imposed as an Penalty Duration
alternative or single penalty. Reclusion 20 years and 1
1. Afflictive – over P6,000 perpetua day to 40 years
2. Correctional – P200 to P6,000 Reclusion 12 years 1 day to
3. Light – less than P200 temporal 20 years
Prision mayor and 6 years 1 day 12
Q: a. E and M are convicted of a temporary years
penal law that imposes a penalty of disqualification
fine or imprisonment or both fine and Prision 6 months I day to
imprisonment. The judge sentenced Correctional 6 years
them to pay fine, jointly and severally,
Suspension and 9. Robbery with homicide
Destiero 10. Destructive arson
Arresto mayor 1 month and id ay 11. Rape with homicide
to 6 months 12. Plunder
Arresto menor 1 day to 30 days 13. Certain violations of the
Bond to keep the Discretionary on Dangerous Drugs Act
peace the court 14. Car napping

Q: What are the distinctions between Q: What is the nature the penalty of
the penalty of reclusion perpetua and destierro?
life imprisonment?
A: A: Destierro is a principal penalty. It is
Reclusion Life imprisonment a punishment whereby a convict is
perpetua vanished to a certain place and is
Pertains to the Pertains to the prohibited from entering or coming
penalty imposed penalty imposed near that place designated in the
for violation of the for violation of sentence not less than 25 kilometers
RPC special laws but not to extend beyond 250
It has fixed It has no fixed kilometers
duration duration
It carries with it It does not carry Q: In what crimes is the penalty of
accessory with it accessory destierro imposed?
penalties penalties A:
Although , it has remained 1. When a legally married person
reclusion to be an who had surprised his or her spouse in
perpetua has indivisible penalty. the act of sexual, intercourse with
been given a Indivisible another and while in the act or
fixed duration, penalties have no immediately thereafter should kill or
durations. inflict serious physical injuries upon the
other spouse, and/or the paramour or
Q: When is death penalty imposed? mistress. This is found in Article 247.
A: Death penalty is imposed in the
fallowing 2. In the crime of grave threat or
Crimes: light threat when the offender is
1. Treason required to put up a bond for good
2. Piracy behavior but failed or refused to do so
3. Qualified piracy under Article 284, such convict shall
4. Qualified bribery be sentenced to destierro so that he
5. Parricide would not be able to carry out his
6. Murder threat.
7. Infanticide 3. In the crime of concubinage,
8. Kidnapping and serious illegal the penalty prescribed for the
detention concubine is destierro
under Article 334.
4. Where the penalty prescribed
by law is arresto mayor but the
offender is entitled to Privileged
mitigating circumstance and lowering
the prescribed penalty by one
degree, the penalty one degree lower
is destierro. Thus, it shall be the one
imposed.
Q: What penalties are considered both
principal and accessory penalties?
A:
1. Perpetual or temporary
absolute disqualification;
2. Perpetual or temporary special
disqualification;
3. Accessory Penalties
Accessory penalties need not be
stated in the sentence.
The accessory penalties follow the
principal penalty imposed for the
crime as a matter of course; they are
automatically imposed even though
they are not stated in the judgment.
Q: What is civil interdiction?
A: Civil interdiction is an accessory
penalty. Civil interdiction shall deprive
the offender during the tie of his
sentence:
1. The rights of parental authority
or guardianship either as to the person
or property of any ward;
2. marital authority;
3. The right to manage his
property; and
4. The right to dispose of such
property by any act or any
conveyance inters vivos.
Q: What are the rules on computation
of penalties?
A:
1. Offender is in prison - duration of
the temporary penalties is from the
day on which the judgment
conviction becomes final.
2. Offender not in prison – duration
of penalty consisting in the deprivation
liberty is from the day that the
offender is placed at the disposal of
judicial authorities for the enforcement
of the penalty.
3. Other Penalties – duration is
from the day on which the offender
commences to serve his sentence.
Q: What is the effect of penalties?
A:
1.Perpetual or Temporary Absolute
Disqualification for public Office:
a. Deprivation of public offices
and employment, even if by election.
b. Deprivation of the right to vote
or to be elected.
c. Disqualification for the offices or
public employments and for the
exercise of any rights mentioned.
d. Loss of right to retirement pay or
pension for any office formerly held.
Perpetual absolute disqualification
lasts during the lifetime of the convict.
Temporary absolute disqualification
lasts during the term of the sentence,
and is removed after the service of
the same.
2.Perpetual or Temporary Special
Disqualification for Public
Office,profession or Calling:
a. Deprivation of the office, Offender must present to sufficient
employment profession or calling sureties who shall undertake that the
affected. offender will not commit the offense
b. Disqualification for holding sought to be prevented, and in case
similar offices or employments such offense be committed, they will
perpetually during the term of the pay the amount determined by the
sentence. court; or
3.Perpetual or Temporary Special a. Offender must deposit such
Disqualification of the Right to amount with the clerk of court to
Suffrage: guarantee said undertaking; or
b. Offender may detained if he
a. Deprivation of the right to vote cannot give the bond, for a period ;
or to be elected to any public office.
b. Cannot hold any public office • not to exceed 6 months- for
during the period of the grave or less grave felony, or
disqualification. • not to exceed 30 days- for a
light felony
4. Suspension from Public Office
Profession Calling or the Right to Bond to keep peace is different from
Suffrage bail bond which is posted for the
provisional release of a person
a. Disqualification from holding arrested for accused of a crime.
such office or exercising such
profession or Q: What are the distinctions between
calling or right of suffrage during the bond to keep the peace and bond for
term of the sentence. good behavior?
b. If suspended from public office, A:
he cannot hold another office having Bond to keep the Bond for good
similar functions during the period of peace behavior
suspension. Failure to post a it is light only.
bond to keep the The legal
5.Civil Interdiction: peace is effect of failure to
imprisonment post a bond for
1. Deprivation of the rights of either for six good behavior is
parental authority or months or 30 not imprisonment
guardianship of any ward. days, depending but destierro
2. Deprivation of martial authority. on weather the under Article 284.
3. Deprivation of the right to felony committed
manage his property and of the is grave or less
right to dispose of such property grave on one
by any act or any conveyance hand,
inter vivos.

6.Bonds to Keep Peace:

 A:
PARDON; ITS EFFECTS (Art.36) Executive Pardon Pardon by the
Art. 36. Pardon; its effect. — A pardon offended party
shall not work the restoration of the Extinguishes Does not
right to hold public office, or the right criminal liability. extinguish criminal
of suffrage, unless such rights are liability
expressly restored by the terms of the Executive pardon Civil liability can
pardon. does not include be waived.
A pardon shall in no case exempt the civil liability
culprit from the payment of the civil Granted only Should be given
indemnity imposed upon him by the after conviction before the
sentence. by final judgment institution of the
criminal action
Q: What is the effect of pardon by the
President?
A: COSTS (Art.37)
GR: Executive pardon does not restore Art. 37. Cost; what are included. —
the right to hold public office or the Costs shall include fees and
right to suffrage. indemnities in the course of the
XPN: When such rights are expressly judicial proceedings, whether they are
restored fixed or unalterable amounts
previously determined by law or
Q: What are the limitations of the regulations in force, or amounts not
pardoning power of the President? subject to schedule.
A:
1. Executive pardon can only be Q: What do costs include?
exercised after conviction by final A:
judgment. 1. Fees
2. Executive pardon does not 2. Indemnities, in the course of
extend to cases of impeachment. judicial proceedings:

GR: Pardon granted in general terms Q: To whom are costs chargeable?

extinguishes only the principal penalty, A:
and does not include the accessory 1. In case of conviction:
penalty chargeable to the accused.
XPN: When absolute pardon is 2. In case of acquittal: Costs are
granted after the term of de officio, each party bearing his own
imprisonment has expired; it removes expenses.
all that is left of the consequences of
the conviction. Payment of costs is discretionary to
the courts.
Q: What are the distinctions between
executive pardon and pardon by the PECUNIARY LIABILITIES (Art. 38)
offended party?
Art. 38. Pecuniary liabilities; Order of
payment. — In case the property of
the offender should not be sufficient
for the payment of all his pecuniary
liabilities, the same shall be met in the
following order:
1. The reparation of the damage
caused.
2. Indemnification of consequential
damages.
3. The fine.
4. The cost of the proceedings.
Q: What do pecuniary liabilities
includes?
A: In the following order:
1. Reparation of the damage
caused.
2. Indemnification of the
consequential damages.
3. Fine.
4. Costs of proceedings.
The order of payment applies in case
the property of the offender is not
sufficient for the payment of his
pecuniary liabilities.
SUBSIDIARY PENALTY (Art. 39)
Art. 39. Subsidiary penalty. — If the
convict has no property with which to
meet the fine mentioned in the
paragraph 3 of the nest preceding
article, he shall be subject to a
subsidiary personal liability at the rate
of one day for each eight pesos,
subject to the following rules:
1. If the principal penalty imposed
be prision correccional or arresto and
fine, he shall remain under
confinement until his fine referred to in
the preceding paragraph is satisfied,
but his subsidiary imprisonment shall
not exceed one-third of the term of
the sentence, and in no case shall it
continue for more than one year, and
no fraction or part of a day shall be
counted against the prisoner.
2. When the principal penalty
imposed be only a fine, the subsidiary
imprisonment shall not exceed six
months, if the culprit shall have been
prosecuted for a grave or less grave
felony, and shall not exceed fifteen
days, if for a light felony.
3. When the principal imposed is
higher than prision correccional, no
subsidiary imprisonment shall be
imposed upon the culprit.
4. If the principal penalty imposed
is not to be executed by confinement
in a penal institution, but such penalty
is of fixed duration, the convict, during
the period of time established in the
preceding rules, shall continue to
suffer the same deprivations as those
of which the principal penalty consists.
5. The subsidiary personal liability
which the convict may have suffered
by reason of his insolvency shall not
relieve him, from the fine in case his
financial circumstances should
improve. (As amended by RA 5465,
April 21, 1969).
Q: When is subsidiary penalty
imposed?
A:
1. When there is a principal
penalty of imprisonment or any other
principal penalty and it carries with it a
fine; or
2. When penalty is only a fine.
A subsidiary penalty is not an
accessory penalty.
Not being an accessory penalty, it
must be expressly stated in the
sentence and convict must have
been insolvent to pay the fine.
The sentence will merely provide that
in case of non-payment of the fine,
the convict shall be required to save
subsidiary penalty.
There shall be no subsidiary penalty for
the non-payment of damages to the
offended party.
Q: When is subsidiary imprisonment
not imposed?
A:
1. When penalty imposed is higher
than prision correccional.
2. When the penalty imposed is
fine and a penalty not to be executed
by confinement in a penal institution
and which has no fixed period.
3. For failure to pay the reparation
of the damaged caused,
indemnification of the corsequential
damages, and costs of the
proceedings.
CONFISCATION AND FORFEITURE OF
THE PROCEEDS OR INSTRUMENTS OF THE
CRIME (Art. 45)
Art. 45. Confiscation and forfeiture of
the proceeds or instruments of the
crime. — Every penalty imposed for
the commission of a felony shall carry
with it the forfeiture of the proceeds of
the crime and the instruments or tools
with which it was committed.
Such proceeds and instruments or
tools shall be confiscated and
forfeited in favor of the
Government,unless they be property
of a third person not liable for the
offense, but those articles which are
not subject of lawful commerce shall
be destroyed.
Q: What are the rules on confiscation
and forfeiture of the proceeds of the
crimes?
A:
1. Every penalty imposed carries
with it the forfeiture of the proceeds of
the crime and the instrument or tools
used in the commission of the crime.
2. Confiscation and forfeiture are
in favor of the Government.
3. Property of 3rd person not liable
for the offense is not subject to the
confiscation and forfeiture.
4. Property not subject of lawful
commerce (whether is belongs to the
accused or 3rd person) shall be
destroyed.
Note: Confiscation and forfeiture are
additional penalties. Hence, once the
sentence has become final, the court
can no longer modify, alter or change
it by ordering confiscation and
forfeiture.
Chapter Four:
APPLICATION OF PENALTIES
GR: Penalty prescribed by law in
general terms shall be imposed upon
the principals for the consummated
felony.
XPN: When the law fixed the penalty
for frustrated of attempted felony.
Graduation of Penalties:
1. By degrees refer to:
a. Stages of execution Q: What are the kinds of complex
(consummated frustrated or crimes?
attempted), and A:
b. Degree of criminal participation 1.Compound Crime – When a single
of the offender (principal, accomplice act constitutes two or more grave or
or accessory). less grave felonies.
2. By period as maximum, medium
and minimum, refer to: Requisites:
a. Proper period of the penalty a.Only a single act is performed by
which should be imposed when offender;
aggravating or mitigating b.The single act produces:
circumstances attend the commission i. two or more grave
of the crime. felonies, or
ii. one or more grave and
COMPLEX CRIME (Art.48) one or more less grave
felonies, or
Art. 48. Penalty for complex crimes. — iii. two or more less grave
When a single act constitutes two or felonies.
more grave or less grave felonies, or
when an offense is a necessary means 2.Complex Crime Proper – When an
for committing the other, the penalty offense is the necessary means for
for the most serious crime shall be committing the other.
imposed, the same to be applied in its
maximum period. Requisites:
a.At least two offenses are
Q: What is complex crime? committed;
b. ne or some of the offenses
A: There is a complex crime when two must necessary to commit the other;
or more crimes are committed but c. Both or all the offenses must
they constitute only one crime in the punish under the same statute.
eyes of the law. Here, there is only one
criminal intent hence, only one is The first crime must be a necessary
penalty imposed. means to commit the other.

Q: What are the concepts of complex There should only one information
crimes? charging a complex crime. Only one
A: penalty is imposed for complex crimes
a. A single criminal act constituting because there is only one criminal act.
2 or more grave is less grave felonies.
b. Offender has only one criminal Q: When is there no complex crime?
intent hence, there is only one penalty
imposed. A:
1. When one offense is committed
to conceal the other.
2. When one crime is an element
of the other, for in that case, the
former shall be absorbed by the latter.
Example: Trespassing which is an
element of robbery with force upon
things.
3.When the crime has the same
elements as the crime committed.
Example: Estafa and falsification of
private documents have the same
element of damage. Thus, there is no
complex crime of estafa thru
falsification of private document.
E.g. violation of BP 22
Q: What is continued crime?
A: Here, the offender is impelled by a
single criminal impulse but committed
a series of acts at about the same
time in about the same place and all
the overt acts violate one and the
same provision of law.
E.g. Theft of 13 cows belonging to
different owners committed by the
accused at the same place and at
the same time.

4. When one of the offenses is Q: What are the distinction between

penalized by a special law. special complex crime and complex
5. In continued crimes. crimes under Art. 48?
A:
Q: What is the penalty for complex Special complex Complex crime
crimes under Art. 48? crime under art 48
Combination of The combination
A: offenses are fixed is not specified,
GR: When a complex crime is or specified by that is grave and
committed, the penalty for the most law. or less grave; or
serious crime in its maximum period e.g.: Robbery with one offense being
shall be imposed. Homicide necessary means
XPN: When the law imposes a single Robbery with to commit the
penalty for special complex crime. Rape other.
The penalty for The penalty
3. Special Complex Crime – known as the specified imposed is the
composite crime, the component combination is penalty for the
crimes constitute a single indivisible also specific. most serious
offense and are thus penalized as one offense in the
crime. maximum period.

Q: What is continued crime? Q: A, actuated by malice and with the

A:
It is a single crime, consisting of a series
of acts but arising from one criminal
resolution.
use of a fully automatic M-14 sub-
machine gun, shot a group of persons
who were seated in a cockpit with
one burst of successive, continuous,
automatic fire, Four (4) persons were
killed thereby, each having hit by
different bullets coming from the sub-
machine gun of A. Four (4) cases of
murder were filed against A. The trial
court rule that there was only one
crime committed by A for the reason
that, since A performed only one act,
he having pressed the trigger of his
gun only once, the crime committed
was murder. Consequently, the trial
judge sentenced A to just one penalty
of reclusion perpetua. Was the
decision of the trial judge correct?
Explain.
A: The decision of the trial judge is not
correct. When the offender made use
of an automatic firearm, the act
committed are determined by the
number of bullets discharged
inasmuch as the firearm being
automatic, the offender need only
press the trigger once and it would fire
continually. For each death caused
by a distinct and separate bullet, the
accused incurs distinct criminal
liability. Hence, it is not the act of
pressing the trigger which should be
considered as producing the several
felonies, but the number of bullets
which actually produced them. (1999
Bar Question)
Q: Can there be a complex crime of
coup d’état with rebellion?
A: Yes, if there was conspiracy
between the offender/ offenders
committing the coup d’état and the
offenders committing the rebellion. By
conspiracy, the crime of one would
be the crime of the vice versa. This is
possible because the offender in coup
d’état may be any person or persons
belonging to the military or the
national police or a public officer,
whereas rebellion does not so require.
Moreover, the crime of coup d’état
may be committed singly, whereas
rebellion requires a public uprising and
taking up arms to overthrow the duly
constituted government. Since the
two crimes are essentially different
and punished with distinct penalties,
there is no legal impediment to the
application of Art. 48 of the Revised
Penal Code. (2003 Bar Question)
A: Yes, coup d’état can be
complexed with sedition because the
two crimes are essentially different
and distinctly punished under the
Revised Penal Code. Sedition may not
be directed against the Government
or non – political in objective, whereas
coup d’état is always political in
objective as it is directed against the
Government and led by persons or
public officer holding public office
belonging to the military or national
police. Art. 48 of the Code may apply
under the condition therein provided.
(2003 Bar Question)
PENALTY WHEN THE CRIME COMMITED
IS DIFFERENT FROM THAT INTENDED (Art.
49)
Art. 49. Penalty to be imposed upon
the principals when the crime
committed is different from that
intended. — In cases in which the
felony committed is different from that
which the offender intended to
commit, the following rules shall be
observed:
1. If the penalty prescribed for the
felony committed be higher than that Art. 49 apply in error in personae or
corresponding to the offense which when there is mistake in the identity of
the accused intended to commit, the the victim of the crime.
penalty corresponding to the latter The penalty for the intended crime
shall be imposed in its maximum and the actual crime committed are
period. compared and the lower penalty is
2. If the penalty prescribed for the imposed in the maximum period.
felony committed be lower than that
corresponding to the one which the Q: What is the computation of
accused intended to commit, the penalties for principals, accomplices
penalty for the former shall be and accessories?
imposed in its maximum period. A:
3. The rule established by the next consum frustra attem
preceding paragraph shall not be mated ted pted
applicable if the acts committed by Principa 0 1 2
the guilty person shall also constitute l
an attempt or frustration of another Accom 1 2 3
crime, if the law prescribes a higher plice
penalty for either of the latter offenses, access 2 3 4
in which case the penalty provided for ory
the attempted or the frustrated crime
shall be imposed in its maximum Interpretation:
period. 0 – represents the penalty
prescribed by law, which is to be
Q: What are the rules under Art. 49? imposed on the principal in a
A: consummated offense.
1. If penalty for felony committed 1 – represents that penalty
is higher than that intended – Lower prescribe by law must be LOWERED by
penalty in its maximum period shall be ONE DEGREE to meet the different
imposed. situations and so on with the number
2, 3 and 4…
2. If penalty for felony committed The rules in the diagram shall not
is lower than that intended – Lower apply to cases where the law
penalty in its maximum period shall be prescribes the penalty for a frustrated
imposed. or attempted felony, or to be imposed
upon accomplices or accessories.
3. If the act committed also
constitutes an attempt or frustration of Q: What factors are considered in
another crime and the law prescribes determining the extent of the penalty
a higher penalty for either of the latter to be imposed under RPC?
– Penalty for the attempted or A:
frustrated crime in its maximum period 1. Stage reached.
shall be imposed.
2. Participations of the person
liable.
3. Aggravating or mitigating
circumstances attendant.
Q: What does period means?
A: Degree means one entire penalty,
enumerated in the graduated scales
provided for in Art. 71.
4. Penalty consists of three periods,
corresponding to different divisible
penalties – penalty next lower in
degree is the penalty consisting in the
three periods down in the scale.
5. Penalty consists of two periods –
penalty next lower in degree is
penalty consisting in two periods
down in the scale.

Q: What does period means? 6. Penalty consists only of one

period - penalty next lower in degree
A: Period means one of the three is the next period down in the scale.
equal pertions (min, med, and max) of
a divisible penalty.
EFFECTS OF THE ATTENDING
Q: What are the rules for graduating MITIGATING
penalties? AND/OR AGGRAVATING
A: CIRCUMSTANCES
1. Single and Indivisible Penalty – AND OF HABITUAL DELIQUENCY
penalty next lower in degree shall be (Art. 62)
that immediately following that Art. 62. Effect of the attendance of
indivisible penalty in the graduated mitigating or aggravating
scale in Art. 71. circumstances and of habitual
delinquency. — Mitigating or
2. Penalty composed of: aggravating circumstances and
a.Two indivisible penalties, habitual delinquency shall be taken
or into account for the purpose of
b.One or more divisible penalties diminishing or increasing the penalty
to be imposed to their full extent. in conformity with the following rules:
Penalty next lower in degree shall be
that immediately following the lesser 1. Aggravating circumstances which
of the penalties in the graduated in themselves constitute a crime
scale. specially punishable by law or which
are included by the law in defining a
3. Penalty composed of one or crime and prescribing the penalty
two indivisible penalties and therefor shall not be taken into
maximum period of another divisible account for the purpose of increasing
penalty – penalty next lower in degree the penalty.
shall be composed of the medium 2. The same rule shall apply with
and minimum periods of the proper of respect to any aggravating
that immediately following in the circumstance inherent in the crime to
graduated scale.
such a degree that it must of necessity
accompany the commission thereof.
3. Aggravating or mitigating
circumstances which arise from the
moral attributes of the offender, or
from his private relations with the
offended party, or from any other
personal cause, shall only serve to
aggravate or mitigate the liability of
the principals, accomplices and
accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in
the material execution of the act, or in
the means employed to accomplish it,
shall serve to aggravate or mitigate
the liability of those persons only who
had knowledge of them at the time of
the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the
following effects:
(a) Upon a third conviction the culprit
shall be sentenced to the penalty
provided by law for the last crime of
which he be found guilty and to the
additional penalty of prision
correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the
culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in
its minimum and medium periods; and
(c) Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty provided for
the last crime of which he be found
guilty and to the additional penalty of
prision mayor in its maximum period
to reclusion temporal in its minimum
period. Notwithstanding the provisions
of this article, the total of the two
penalties to be imposed upon the
offender, in conformity herewith, shall
in no case exceed 30 years.
For the purpose of this article, a person
shall be deemed to be habitual
delinquent, is within a period of ten
years from the date of his release or
last conviction of the crimes of serious
or less serious physical injuries, robo,
hurto, estafa or falsification, he is
found guilty of any of said crimes a
third time or oftener.
Q: Who shall be considered as
habitual delinquent?
A: For the purpose of this article, a
person shall be deemed to be
habitual delinquent, if within a period
of ten years from the date of his
release or last conviction of the crimes
of serious or less serious physical
injuries, robo, hurto, estafa or
falsification, he is found guilty of any of
said crimes third time oftener.
Q: What are the effects of aggravating
circumstance, mitigating
circumstance and habitual
delinquency/
A:
a. Aggravating circumstances
(generic and specific) – increases the
penalty, without however, exceeding
the maximum provided by law.
b. Mitigating circumstances –
diminishes the penalty.
c. Habitual delinquency –
increases the penalty because of
multiple convictions in certain specific
crimes or recidivism, which is generally
implied in habitual delinquency and
imposes an additional penalty.
 injuries,
Q: What are the rules on aggravating b. robbery,
and mitigating circumstances? c. theft,
A: d. estafa, or
1. Aggravating circumstances that are e. falsification.
not taken into account to increase
the penalty are those which: 2. After that conviction or after
a. in themselves constitute a crime serving his sentence, he again
specially punished by law, or committed, and, within 10 years from
b. are included by the law in his release or 1st conviction, he was
defining a crime and prescribing the again convicted of any of the said
penalty therefore, or crimes for the second time
c. are inherent in the crime.
3. After conviction of, or after
2. Aggravating or mitigating serving sentence for, the 2nd offense,
circumstances that serve to he again committed, and, within 10
aggravate or mitigate the liability of years from his last release or last
the offenders to whom such conviction, he was again convicted of
circumstances are attendant are any of said offenses, the 3rd time or
those which arise from: oftener.
a. the moral attributes of the
offender, or Q: What are the additional penalties
b. from his private relations with for habitual delinquency?
the offended party, or A:
c. from any other personal cause. 1. Upon 3rd conviction – Prision
correccional in its medium and
3. Circumstances that serve to maximum periods.
aggravate or mitigate the liability of 2. Upon 4th conviction – Prision
those persons only who had mayor in its medium and minimum
knowledge of them at them at the periods.
time of the execution of the act or 3. Upon 5th pr additional
their cooperation therein are those conviction- - prision mayor in its
which consist: minimum period to reclusion temporal
a. in the material execution of the in its minimum period.
act, or
b. in the means employed to Limitation: Total penalties not to
accomplish it. exceed 30 years.

Q: What are the requisites of habitual Total penalties refer to the penalties:
delinquency?
A: a. for the last crime of which he is
1.Offender had been convicted of found guilty, and
any the crimes of: b. additional penalty.
a. serious or less serious physical
 Q: What are the distinctions between and habitual delinquency. The
Habitual Delinquency and Recidivism? accused appealed and contended
A: that in his last conviction, the trial
Habitual delinquency recidivism court cannot consider against him a
As to the crime Committed finding or recidivism and, again of
Offender had been Sufficient that habitual delinquency. Is the appeal
convicted of any of accused on the meritorious? Explain.
the crimes of: serious date of trial shall
or less serious have been A: No, the appeal is not meritorious.
physical injuries, previously Recidivism and habitual delinquency
robbery, theft, estafa, convicted by are correctly considered in this case
or falsification. final judgment of because the basis of recidivism is
another crime different from that of habitual
embraced in the delinquency.
same title of Juan is a recidivist because he had
RPC. been previously convicted by final
As to the period of Times the crimes judgment for theft and again found
are committed guilty for Robbery with Homicide,
which are both crimes against
Offender found guilty No period of
property, embraced under he same
of any of the crimes time between
Title (Titke Ten, Book Two) of the
within 10 years from the former
Revised Penal Code. The implication is
his last release or last conviction the
that he is specializing in the
conviction. crimes and the
commission of crimes against
last conviction.
property, hence aggravating in the
As to number of Crimes
conviction for Robbery with Homicide.
commit Ted
Habitual delinquency, which brings
3rd conviction on 2nd conviction is
about an additional penalty when an
oftener. sufficient
offender is convicted a third time or
As to effect
more for specified crimes, is correctly
An additional penalty If not offset by
considered because Juan had
is imposed mitigating
already three (3) previous convictions
circumstances,
by final judgment of theft and again
serves to
convicted for Robbery with Homicide.
increase the
And the crimes specified as basis for
penalty only to
habitual delinquency includes, inter
the maximum.
alia, theft and robbery.
(2001 Bar Question)
Q: Juan de Castro already had three
(3) previous convictions by final
Q: A was charged with homicide.
judgment for theft when he was found During the trial, uncontradicted
guilty of Robbery with Homicide. In the evidence consisting of medical
last case, the trial judge considered
certificates were presented showing
against the accused both recidivism that the accused had sustained
injuries in ten (10) previous Occasions
while engaged in fisticuffs with
different persons, He was also
confined at the National Mental
Hospital for mental ailment diagnosed
as “homicidal and suicidal instincts”
During his second confinement
thereat, he escaped to the application
of the Indeterminate ate Sentence
Law contending that the accused is a
habitual delinquent and an escapee
from the National Mental Hospital. If
you are the Judge, rule on the
objection.
A: The objection should be overruled.
A could not be legally considered a
habitual delinquent Habitual
delinquency cannot be validly
invoked without being alleged in the
information and proven during the
trial. Besides there is no indication that
A was convicted within ten (10) years
from last conviction or release, three
times or oftener of the crimes of
robbery, theft, estafa, physical injuries
or falsification. Being an escapee from
the Mental Hospital will not disqualify
him from the application of the ISL as
Section 2 thereof contemplates
having escaped from confinement or
evaded sentence. Confinement
presupposes imprisonment by virtue of
a final judgment.
(1991 Bar Question)
APPLICATION OF PENALTIES (Art. 46-47)
Art. 46. Penalty to be imposed upon
principals in general. — The penalty
prescribed by law for the commission
of a felony shall be imposed upon the
principals in the commission of such
felony. Whenever the law prescribes a
penalty for a felony is general terms, it
shall be understood as applicable to
the consummated felony.
Art. 47. In what cases the death
penalty shall not be imposed. — The
death penalty shall be imposed in all
cases in which it must be imposed
under existing laws, except in the
following cases:
1. When the guilty person be more
than seventy years of age
2. When upon appeal or revision of
the case by the Supreme court, all the
members thereof are not unanimous
in their voting as to the propriety of the
imposition of the death penalty. For
the imposition of said penalty or for
the confirmation of a judgment of the
inferior court imposing the death
sentence, the Supreme Court shall
render its decision per curiam, which
shall be signed by all justices of said
court, unless some member or
members thereof shall have been
disqualified from taking part in the
consideration of the case, in which
even the unanimous vote and
signature of only the remaining justices
shall be required.
Art. 48. Penalty for complex crimes. —
When a single act constitutes two or
more grave or less grave felonies, or
when an offense is a necessary means
for committing the other, the penalty
for the most serious crime shall be
imposed, the same to be applied in its
maximum period.
Art. 49. Penalty to be imposed upon
the principals when the crime
committed is different from that
intended. — In cases in which the
felony committed is different from that
which the offender intended to
commit, the following rules shall be
observed:
1. If the penalty prescribed for the
felony committed be higher than that
corresponding to the offense which
the accused intended to commit, the
penalty corresponding to the latter
shall be imposed in its maximum
period.
2. If the penalty prescribed for the
felony committed be lower than that
corresponding to the one which the
accused intended to commit, the
penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next
preceding paragraph shall not be
applicable if the acts committed by
the guilty person shall also constitute
an attempt or frustration of another
crime, if the law prescribes a higher
penalty for either of the latter offenses,
in which case the penalty provided for
the attempted or the frustrated crime
shall be imposed in its maximum
period.
Art. 50. Penalty to be imposed upon
principals of a frustrated crime.
— The penalty next lower in degree
than that prescribed by law for the
consummated felony shall be
imposed upon the principal in a
frustrated felony.
Art. 51. Penalty to be imposed upon
principals of attempted crimes. — A
penalty lower by two degrees than
that prescribed by law for the
consummated felony shall be
imposed upon the principals in an
attempt to commit a felony.
Art. 52. Penalty to be imposed upon
accomplices in consummated crime.
— The penalty next lower in degree
than that prescribed by law for the
consummated shall be imposed upon
the accomplices in the commission of
a consummated felony.
Art. 53. Penalty to be imposed upon
accessories to the commission of a
consummated felony. — The penalty
lower by two degrees than that
prescribed by law for the
consummated felony shall be
imposed upon the accessories to the
commission of a consummated
felony.
Art. 54. Penalty to imposed upon
accomplices in a frustrated crime.
— The penalty next lower in degree
than prescribed by law for the
frustrated felony shall be imposed
upon the accomplices in the
commission of a frustrated felony.
Art. 55. Penalty to be imposed upon
accessories of a frustrated crime.
— The penalty lower by two degrees
than that prescribed by law for the
frustrated felony shall be imposed
upon the accessories to the
commission of a frustrated felony.
Art. 56. Penalty to be imposed upon
accomplices in an attempted crime.
— The penalty next lower in degree
than that prescribed by law for an
attempt to commit a felony shall be
imposed upon the accomplices in an
attempt to commit the felony.
Art. 57. Penalty to be imposed upon
accessories of an attempted crime.
— The penalty lower by two degrees
than that prescribed by law for the
attempted felony shall be imposed
upon the accessories to the attempt to
commit a felony.
Art. 58. Additional penalty to be
imposed upon certain accessories.
— Those accessories falling within the
terms of paragraphs 3 of Article 19 of
this Code who should act with abuse
of their public functions, shall suffer the
additional penalty of absolute
perpetual disqualification if the
principal offender shall be guilty of a
grave felony, and that of absolute
temporary disqualification if he shall
be guilty of a less grave felony.
Art. 59. Penalty to be imposed in case
of failure to commit the crime
because the means employed or the
aims sought are impossible. — When
the person intending to commit an
offense has already performed the
acts for the execution of the same but
nevertheless the crime was not
produced by reason of the fact that
the act intended was by its nature one
of impossible accomplishment or
because the means employed by
such person are essentially
inadequate to produce the result
desired by him, the court, having in
mind the social danger and the
degree of criminality shown by the
offender, shall impose upon him the
penalty of arresto mayor or a fine from
200 to 500 pesos.
Art. 60. Exception to the rules
established in Articles 50 to 57. — The
provisions contained in Articles 50 to
57, inclusive, of this Code shall not be
applicable to cases in which the law
expressly prescribes the penalty
provided for a frustrated or attempted
felony, or to be imposed upon
accomplices or accessories.
Art. 61. Rules for graduating penalties.
— For the purpose of graduating the
penalties which, according to the
provisions of Articles 50 to 57,
inclusive, of this Code, are to be
imposed upon persons guilty as
principals of any frustrated or
attempted felony, or as accomplices
or accessories, the following rules shall
be observed:
1. When the penalty prescribed for
the felony is single and indivisible, the
penalty next lower in degrees shall be
that immediately following that
indivisible penalty in the respective
graduated scale prescribed in Article
71 of this Code.
2. When the penalty prescribed for
the crime is composed of two
indivisible penalties, or of one or more
divisible penalties to be impose to
their full extent, the penalty next lower
in degree shall be that immediately
following the lesser of the penalties
prescribed in the respective
graduated scale.
3. When the penalty prescribed for
the crime is composed of one or two
indivisible penalties and the maximum
period of another divisible penalty, the
penalty next lower in degree shall be
composed of the medium and
minimum periods of the proper
divisible penalty and the maximum
periods of the proper divisible penalty
and the maximum period of that
immediately following in said
respective graduated scale.
4. when the penalty prescribed for
the crime is composed of several
periods, corresponding to different
divisible penalties, the penalty next
lower in degree shall be composed of
the period immediately following the
minimum prescribed and of the two
next following, which shall be taken
from the penalty prescribed, if
possible; otherwise from the penalty
immediately following in the above
mentioned respective graduated in its medium period Prision
scale. correccional in its maximum period
toprision mayor in its medium period
5. When the law prescribes a Arresto Mayorin it s maximum
penalty for a crime in some manner period toprision correccionalin its
not especially provided for in the four medium period Fine andArresto
preceding rules, the courts, Mayor in its minimum and medium
proceeding by analogy, shall impose periods
corresponding penalties upon those Fourth Case Prision Mayor in its
guilty as principals of the frustrated maximum period toreclusion tempo-
felony, or of attempt to commit the ral in its medium period. Prision
same, and upon accomplices and correccional in its maximum period
accessories. toprision mayor in its medium period.
Arresto mayorin its maximum
TABULATION OF THE PROVISIONS OF period toprision correccional in its
THE CHAPTER medium period. Fine andArresto
Mayorin its minimum and medium
Penalty Prescribe for the crime periods Fine.
Penalty to be imposed upon the
principal in a frustrated crime, and Section Two. — Rules for the
accomplice in a consummated crime application of penalties with regard to
Penalty to be imposed upon the the mitigating and aggravating
principal in an attempted crime, the circumstances, and habitual
accessory in the consummated crime delinquency.
and the accomplices in a frustrated
crime. Penalty to be imposed Art. 62. Effect of the attendance of
upon the accessory in a frustrated mitigating or aggravating
crime, and the accomplices in an circumstances and of habitual
attempted crime Penalty to be delinquency. — Mitigating or
imposed upon the accessory in an aggravating circumstances and
attempted crime habitual delinquency shall be taken
First Case Death Reclusion into account for the purpose of
Perpetua Reclusion Temporal diminishing or increasing the penalty
Prision Mayor Prision in conformity with the following rules:
Correccional 1. Aggravating circumstances
Second Case Reclusion which in themselves constitute a crime
Perpetuato Death Reclusion Temporal specially punishable by law or which
Prision Mayor Prision are included by the law in defining a
Correccional Arresto Mayor crime and prescribing the penalty
Third Case Reclusion Temporalin its therefor shall not be taken into
maximum period to death Prision account for the purpose of increasing
Mayor in its maximum period the penalty.
toreclusion temporal
2. The same rule shall apply with
respect to any aggravating
circumstance inherent in the crime to
such a degree that it must of necessity
accompany the commission thereof.
3. Aggravating or mitigating
circumstances which arise from the
moral attributes of the offender, or
from his private relations with the
offended party, or from any other
personal cause, shall only serve to
aggravate or mitigate the liability of
the principals, accomplices and
accessories as to whom such
circumstances are attendant.
4. The circumstances which
consist in the material execution of the
act, or in the means employed to
accomplish it, shall serve to
aggravate or mitigate the liability of
those persons only who had
knowledge of them at the time of the
execution of the act or their
cooperation therein.
5. Habitual delinquency shall have
the following effects:
(a) Upon a third conviction the culprit
shall be sentenced to the penalty
provided by law for the last crime of
which he be found guilty and to the
additional penalty of prision
correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the
culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in
its minimum and medium periods; and
(c) Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty provided for
the last crime of which he be found
guilty and to the additional penalty of
prision mayor in its maximum period
to reclusion temporal in its minimum
period.chanrobles virtual law library
Notwithstanding the provisions of this
article, the total of the two penalties to
be imposed upon the offender, in
conformity herewith, shall in no case
exceed 30 years.chanrobles virtual
law library
For the purpose of this article, a person
shall be deemed to be habitual
delinquent, is within a period of ten
years from the date of his release or
last conviction of the crimes of serious
or less serious physical injuries, robo,
hurto, estafa or falsification, he is
found guilty of any of said crimes a
third time or oftener.chanrobles virtual
law library
Art. 63. Rules for the application of
indivisible penalties. — In all cases in
which the law prescribes a single
indivisible penalty, it shall be applied
by the courts regardless of any
mitigating or aggravating
circumstances that may have
attended the commission of the
deed.chanrobles virtual law library
In all cases in which the law
prescribes a penalty composed of two
indivisible penalties, the following rules
shall be observed in the application
thereof:
1. When in the commission of the
deed there is present only one
 aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating
nor aggravating circumstances
and there is no aggravating
circumstance, the lesser penalty
shall be applied.
3. When the commission of the act
is attended by some mitigating
circumstances and there is no
aggravating circumstance, the
lesser penalty shall be applied.
4. When both mitigating and
aggravating circumstances
attended the commission of the
act, the court shall reasonably
allow them to offset one another
in consideration of their number
and importance, for the purpose
of applying the penalty in
accordance with the preceding
rules, according to the result of
such compensation.
Art. 64. Rules for the application of
penalties which contain three periods.
— In cases in which the penalties
prescribed by law contain three
periods, whether it be a single divisible
penalty or composed of three different
penalties, each one of which forms a
period in accordance with the
provisions of Articles 76 and 77, the
court shall observe for the application
of the penalty the following rules,
according to whether there are or are
not mitigating or aggravating
circumstances:
1. When there are neither
aggravating nor mitigating
circumstances, they shall
impose the penalty prescribed
by law in its medium period.
2. When only a mitigating
circumstances is present in the
commission of the act, they
shall impose the penalty in its
minimum period.
3. When an aggravating
circumstance is present in the
commission of the act, they
shall impose the penalty in its
maximum period.
4. When both mitigating and
aggravating circumstances are
present, the court shall
reasonably offset those of one
class against the other
according to their relative
weight.
5. When there are two or more
mitigating circumstances and
no aggravating circumstances
are present, the court shall
impose the penalty next lower
to that prescribed by law, in the
period that it may deem
applicable, according to the
number and nature of such
circumstances.
6. Whatever may be the number
and nature of the aggravating
circumstances, the courts shall
not impose a greater penalty
than that prescribed by law, in
its maximum period.
7. Within the limits of each period,
the court shall determine the
 extent of the penalty according
to the number and nature of the
aggravating and mitigating
circumstances and the greater
and lesser extent of the evil
produced by the crime.
Art. 65. Rule in cases in which the
penalty is not composed of three
periods.— In cases in which the
penalty prescribed by law is not
composed of three periods, the courts
shall apply the rules contained in the
foregoing articles, dividing into three
equal portions of time included in the
penalty prescribed, and forming one
period of each of the three portions.
Art. 66. Imposition of fines. — In
imposing fines the courts may fix any
amount within the limits established by
law; in fixing the amount in each case
attention shall be given, not only to
the mitigating and aggravating
circumstances, but more particularly
to the wealth or means of the culprit.
Art. 67. Penalty to be imposed when
not all the requisites of exemption of
the fourth circumstance of Article 12
are present.— When all the conditions
required in circumstances Number 4
of Article 12 of this Code to exempt
from criminal liability are not present,
the penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period
shall be imposed upon the culprit if he
shall have been guilty of a grave
felony, and arresto mayor in its
minimum and medium periods, if of a
less grave felony.
Art. 68. Penalty to be imposed upon a
person under eighteen years of age.—
When the offender is a minor under
eighteen years and his case is one
coming under the provisions of the
paragraphs next to the last of Article
80 of this Code, the following rules
shall be observed:
1. Upon a person under fifteen but
over nine years of age, who is
not exempted from liability by
reason of the court having
declared that he acted with
discernment, a discretionary
penalty shall be imposed, but
always lower by two degrees at
least than that prescribed by law
for the crime which he
committed.
2. Upon a person over fifteen and
under eighteen years of age the
penalty next lower than that
prescribed by law shall be
imposed, but always in the
proper period.
Art. 69. Penalty to be imposed when
the crime committed is not wholly
excusable. — A penalty lower by one
or two degrees than that prescribed
by law shall be imposed if the deed is
not wholly excusable by reason of the
lack of some of the conditions
required to justify the same or to
exempt from criminal liability in the
several cases mentioned in Article 11
and 12, provided that the majority of
such conditions be present. The courts
shall impose the penalty in the period
which may be deemed proper, in
view of the number and nature of the
conditions of exemption present or
lacking.
Art. 70. Successive service of
sentence. — When the culprit has to
serve two or more penalties, he shall
serve them simultaneously if the
nature of the penalties will so permit
otherwise, the following rules shall be
observed:
In the imposition of the penalties, the
order of their respective severity shall
be followed so that they may be
executed successively or as nearly as
may be possible, should a pardon
have been granted as to the penalty
or penalties first imposed, or should
they have been served
out.chanrobles virtual law library
For the purpose of applying the
provisions of the next preceding
paragraph the respective severity of
the penalties shall be determined in
accordance with the following scale
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional.
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute
disqualification
10. Temporal absolute
disqualification.
11. Suspension from public office,
the right to vote and be voted
for, the right to follow a
profession or calling, and
12. Public censure.
Notwithstanding the provisions of the
rule next preceding, the maximum
duration of the convict's sentenceshall
not be more than three-fold the length
of time corresponding to the most
severe of the penalties imposed upon
him. No other penalty to which he
may be liable shall be inflicted after
the sum total of those imposed equals
the same maximum period.
Such maximum period shall in no
case exceed forty years.
In applying the provisions of this rule
the duration of perpetual penalties
(pena perpetua) shall be computed at
thirty years. (As amended).
Art. 71. Graduated scales. — In the
case in which the law prescribed a
penalty lower or higher by one or
more degrees than another given
penalty, the rules prescribed in Article
61 shall be observed in graduating
such penalty.
The lower or higher penalty shall be
taken from the graduated scale in
which is comprised the given penalty
The courts, in applying such lower or
higher penalty, shall observe the
following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.

SCALE NO. 2
1. Perpetual absolute
disqualification,
2. Temporal absolute
disqualification
3. Suspension from public office,
the right to vote and bevoted
for, the right to follow a
profession or calling,
4. Public censure,
5. Fine.
Art. 72. Preference in the payment of
the civil liabilities. — The civil liabilities
of a person found guilty of two or more
offenses shall be satisfied by following
the chronological order of the dates of
the judgments rendered against him,
beginning with the first in order of time.
Section Three. — Provisions common
in the last two preceding section
Art. 73. Presumption in regard to the
imposition of accessory penalties . —
Whenever the courts shall impose a
penalty which, by provision of law,
carries with it other penalties,
according to the provisions of Articles
40, 41, 42, 43 and 44 of this Code, it
must be understood that the
accessory penalties are also imposed
upon the convict.
Art. 74. Penalty higher than reclusion
perpetua in certain cases. — In cases
in which the law prescribes a penalty
higher than another given penalty,
without specially designating the
name of the former, if such higher
penalty should be that of death, the
same penalty and the accessory
penalties of Article 40, shall be
considered as the next higher penalty.
Art. 75. Increasing or reducing the
penalty of fine by one or more
degrees. — Whenever it may be
necessary to increase or reduce the
penalty of fine by one or more
degrees, it shall be increased or
reduced, respectively, for each
degree, by one-fourth of the
maximum amount prescribed by law,
without however, changing the
minimum.
The same rules shall be observed with
regard of fines that do not consist of a
fixed amount, but are made
proportional.
Art. 76. Legal period of duration of
divisible penalties. — The legal period
of duration of divisible penalties shall
be considered as divided into three
parts, forming three periods, the
minimum, the medium, and the
maximum in the manner shown in the
following table:
TABLE SHOWING THE DURATION OF
DIVISIBLE PENALTIES AND THE TIME
INCLUDED IN EACH OF THEIR PERIODS
Penalties Time included in the
penalty in its entirety Time
included in its minimum period Time
included in its medium period Time
included in its maximum
Reclusion temporal From 12 years
and 1 day to 20 years. From 12 years
and 1 day to 14 years and 8 months.
From 14 years, 8 months and 1
day to 17 years and 4 months. From
17 years, 4 months and 1 day to 20
years.
Prision mayor,absolute disqualification
and special temporary disqualification
 From 6 years and 1 day to 12 a. Only one aggravating
years. From 6 years and 1 day to 8 circumstance – greater penalty shall
years. From 8 years and 1 day to 10 be imposed.
years. From 10 years and 1 day to 12 b. No migrating and no
years. aggravating circumstances – lesser
Prision correccional,suspension penalty shall be imposed.
anddestierro From 6 months and c. Mitigating circumstances and
1 day to 6 years. From 6 months and no aggravating circumstance – lesser
1 day to 2 years and 4 months. From 2 penalty shall be imposed
years, 4 months and 1 day to 4 years d. Both mitigating and
and 2 months. From 4 years, 2 aggravating circumstances are
months and 1 day to 6 years. present - court shall offset each other.
Arresto mayor From 1 month and 1
day to months. From 1 to 2 months. Note: More value, not numerical
From 2 months and 1 day to 4 weight, should prevail.
months. From 4 months and 1 day
to 6 months. GR: When penalty is composed of two
Arresto menor From 1 to 30 days. indivisible penalties, the penalty
From 1 to 10 days. From 11 to 20 cannot be lowered by one degree,
days. From 21 to 30 days. no matter how many mitigating
circumstances are present
Art. 77. When the penalty is a XPN:Privileged mitigating
complex one composed of three circumstances of Arts. 68 (person
distinct penalties. — In cases in which under 18 years old) and 69
the law prescribes a penalty (incomplete. Justifying or exempting
composed of three distinct penalties, circumstances.
each one shall form a period; the
lightest of them shall be the minimum Q: What are the rules in application of
the next the medium, and the most divisible penalties?
severe the maximum period.
Whenever the penalty prescribed A: Applies only when the penalty has
does not have one of the forms three periods.
specially provided for in this Code, the 1. No aggravating and no
periods shall be distributed, applying mitigating – medium period.
by analogy the prescribed rules. 2. Only a mitigating – minimum
3. Only an aggravating –
Q: What are the rules in application of maximum
indivisible penalties? 4. When there are aggravating
A: and mitigating – court shall
1. Single indivisible - it shall be offset those of one class against
applied regardless of any mitigating or the other according to their
aggravating circumstances. relative’s weight.
2. Composed of two indivisible 5. Two or more mitigating and no
penalties: aggravating – penalty next
 lower in the period applicable,
according to the number and
nature of such circumstances.
6. Two or more aggravating –
LIMITATION: o penalty greater
than the maximum period of the
penalty prescribed by law shall
be imposed.
7. Court can determine the extent
of the penalty within the limits of
each period, according to the
number and nature of the
aggravating and mitigating
circumstances and the greater
or lesser the extent of the evil
produced by the crime.
Q: What are the cases where
mitigating and aggravating
circumstances are not considered in
the imposition of the penalty?
A:
1. When penalty is single and
divisible.
2. In felonies through negligence.
3. The penalty to impose upon a
Moro or other non-Christian
inhabitants. It lies in the
discretion of the court.
4. When penalty is only fine
imposed by an ordinance.
5. When penalties are prescribed
by special laws.
Q: What is the rule when penalty is not
composed of three periods?
A: Divide time included in the penalty
into three equal portions and one
portion will correspond to one.
SUCCESSIVE SERVICE OF SENTENCE
(Art. 70)
Art. 70. Successive service of
sentence. — When the culprit has to
serve two or more penalties, he shall
serve them simultaneously if the
nature of the penalties will so permit
otherwise, the following rules shall be
observed:
In the imposition of the penalties, the
order of their respective severity shall
be followed so that they may be
executed successively or as nearly as
may be possible, should a pardon
have been granted as to the penalty
or penalties first imposed, or should
they have been served out.
For the purpose of applying the
provisions of the next preceding
paragraph the respective severity of
the penalties shall be determined in
accordance with the following scale.
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute
disqualification,
10. Temporal absolute
disqualifications.
11. Suspension from public office,
the right to vote and be voted
for, the right to follow a
profession or calling, and
12. Public censure.
Notwithstanding the provisions of the
rule next proceeding, the maximum
duration of the convict's sentence
shall not be more than three-fold the
length of time corresponding to the
most severe of the penalties imposed follow a profession or calling
upon him. No other penalty to which and
he may be liable shall be inflicted 12. Public censure.
after the sum total of those imposed
equals the same maximum period. Note: Penalties consisting in
deprivation of liberty cannot be
Such maximum period shall in no case served simultaneously.
exceed forty years.
Q: What is the three – fold rule?
In applying the provisions of this rule
the duration of perpetual penalties A: The three – fold rule provides that
(pena perpetua) shall be computed the maximum duration of convict’s
at thirty years. (As amended). sentence shall not be more than 3
times the length of the most severe of
Q: What are the rules on successive the penalties imposed upon him but in
service of sentences? no case to exceed 40 years.
The three-fold rule applies only when
A: When culprit has to serve two or the convict has to serve at least 4
more penalties, he shall serve them sentences.
simultaneously if their nature will
permit. It applies although penalties were
imposed for different crimes, at
Alternative Rule: if cannot be served different times and under separate
simultaneously, service will be information.
successive depending in the order
severity. Q: What are penalties that may be
served simultaneously?
Q: What is the order of severity?
A: A:
1. Death 1. Perpetual absolute
2. Reclusion Perpetua disqualification;
3. Reclusion Temporal 2. Perpetual special
4. Prision Mayor disqualification;
5. Prision Correccional 3. Temporary absolute
6. Arresto Mayor disqualification;
7. Arresto Menor 4. Temporary special
8. Destierro disqualification;
9. Perpetual absolute 5. Suspension;
disqualification 6. Public censure;
10. Temporary absolute 7. Destierro;
disqualification 8. Fine and bond to keep the
11. Suspension from public peace;
office, the right to vote and 9. Civil interdiction;
be voted for the right to
 10. Confiscation and payment of voted for, the right to follow a
cost; profession or calling,
3. Public censure,
Note: The above penalties, except 4. Fine.
destierro, maybe served
simultaneously with imprisonment. Q: When is the graduated scale
followed?
GRADUATED SCALES (Art. 71) A: The graduated scale is followed
Art. 71. Graduated scales. — In the when the law prescribes a penalty
case in which the law prescribed a lower or higher by one or more
penalty lower or higher by one or degree than another given penalty
more degrees than another given
penalty, the rules prescribed in Article Scale 1
61 shall be observed in graduating 1. Death
such penalty. 2. Reclusion Perpetua
3. Reclusion Temporal
The lower or higher penalty shall be 4. Prision Mayor
taken from the graduated scale in 5. Prision Correccional
which is comprised the given penalty 6. Arresto Mayor
The courts, in applying such lower or 7. Destierro
higher penalty, shall observe the 8. Arresto Menor
following graduated scales: 9. Public Censure
10. Fine
SCALE NO. 1
1. Death, Scale 2
2. Reclusion perpetua, 1. Perpetual or Temporary
3. Reclusion temporal, Absolute disqualification
4. Prision mayor, 2. Perpetual or Temporary Special
5. Prision correccional, disqualification
6. Arresto mayor, 3. Suspension from public office,
7. Destierro, the right to vote and to be
8. Arresto menor, voted for, the profession or
9. Public censure, calling.
10. Fine.chanrobles virtual law 4. Public censure.
library
Q: What is the rule in preference in
SCALE NO. 2 payment of civil liability?

1. Perpetual absolute A: Payment is based on dates of final

disqualification judgment, beginning with the 1st in
2. Temporal absolute the order of time.
disqualification Note: Indeterminate Sentence Law
3. Suspension from public office, and Probation Law will be discussed
the right to vote and be under Special Penal Laws.
 Chapter Five:
Execution and Service of Penalties
(Art. 78-88)
Art. 78. When and how a penalty is to
be executed. — No penalty shall be
executed except by virtue of a final
judgment.
A penalty shall not be executed in
any other form than that prescribed by
law, nor with any other circumstances
or incidents than those expressly
authorized thereby.
In addition to the provisions of the law,
the special regulations prescribed for
the government of the institutions in
which the penalties are to be suffered
shall be observed with regard to the
character of the work to be
performed, the time of its
performance, and other incidents
connected therewith, the relations of
the convicts among themselves and
other persons, the relief which they
may receive, and their diet.
The regulations shall make provision
for the separation of the sexes in
different institutions, or at least into
different departments and also for the
correction and reform of the convicts.
Art. 79. Suspension of the execution
and service of the penalties in case of
insanity. — When a convict shall
become insane or an imbecile after
final sentence has been pronounced,
the execution of said sentence shall
be suspended only with regard to the
personal penalty, the provisions of the
second paragraph of circumstance
number 1 of Article 12 being observed
in the corresponding cases.
If at any time the convict shall
recover his reason, his sentence shall
be executed, unless the penalty shall
have prescribed in accordance with
the provisions of this Code.
The respective provisions of this
section shall also be observed if the
insanity or imbecility occurs while the
convict is serving his sentence.
Art. 80. Suspension of sentence of
minor delinquents. — Whenever a
minor of either sex, under sixteen
years of age at the date of the
commission of a grave or less grave
felony, is accused thereof, the court,
after hearing the evidence in the
proper proceedings, instead of
pronouncing judgment of conviction,
shall suspend all further proceedings
and shall commit such minor to the
custody or care of a public or private,
benevolent or charitable institution,
established under the law of the care,
correction or education of orphaned,
homeless, defective, and delinquent
children, or to the custody or care of
any other responsible person in any
other place subject to visitation and
supervision by the Director of Public
Welfare or any of his agents or
representatives, if there be any, or
otherwise by the superintendent of
public schools or his representatives,
subject to such conditions as are
prescribed herein below until such
minor shall have reached his majority
age or for such less period as the court
may deem proper.
The court, in committing said minor as
provided above, shall take into
consideration the religion of such
minor, his parents or next of kin, in
order to avoid his commitment to any
private institution not under the control
and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his
duly authorized representatives or
agents, the superintendent of public
schools or his representatives, or the
person to whose custody or care the
minor has been committed, shall
submit to the court every four months
and as often as required in special
cases, a written report on the good or
bad conduct of said minor and the
moral and intellectual progress made
by him.
The suspension of the proceedings
against a minor may be extended or
shortened by the court on the
recommendation of the Director of
Public Welfare or his authorized
representative or agents, or the
superintendent of public schools or his
representatives, according as to
whether the conduct of such minor
has been good or not and whether he
has complied with the conditions
imposed upon him, or not. The
provisions of the first paragraph of this
article shall not, however, be affected
by those contained herein.
If the minor has been committed to
the custody or care of any of the
institutions mentioned in the first
paragraph of this article, with the
approval of the Director of Public
Welfare and subject to such
conditions as this official in
accordance with law may deem
proper to impose, such minor may be
allowed to stay elsewhere under the
care of a responsible person.
If the minor has behaved properly
and has complied with the conditions
imposed upon him during his
confinement, in accordance with the
provisions of this article, he shall be
returned to the court in order that the
same may order his final release.
In case the minor fails to behave
properly or to comply with the
regulations of the institution to which
he has been committed or with the
conditions imposed upon him when
he was committed to the care of a
responsible person, or in case he
should be found incorrigible or his
continued stay in such institution
should be inadvisable, he shall be
returned to the court in order that the
same may render the judgment
corresponding to the crime
committed by him.
The expenses for the maintenance of
a minor delinquent confined in the
institution to which he has been
committed, shall be borne totally or
partially by his parents or relatives or
those persons liable to support him, if
they are able to do so, in the
discretion of the court; Provided, That
in case his parents or relatives or those
persons liable to support him have not
been ordered to pay said expenses or
are found indigent and cannot pay
said expenses, the municipality in
which the offense was committed
shall pay one-third of said expenses;
the province to which the municipality
belongs shall pay one-third; and the
remaining one-third shall be borne by
the National Government: Provided,
however, That whenever the
Secretary of Finance certifies that a
municipality is not able to pay its share
in the expenses above mentioned,
such share which is not paid by said
municipality shall be borne by the
National Government. Chartered
cities shall pay two-thirds of said
expenses; and in case a chartered
city cannot pay said expenses, the
internal revenue allotments which
may be due to said city shall be
withheld and applied in settlement of
said indebtedness in accordance with
section five hundred and eighty-eight
of the Administrative Code.
Section Two. — Execution of principal
penalties.
Art. 81. When and how the death
penalty is to be executed. — The
death sentence shall be executed
with reference to any other and shall
consist in putting the person under
sentence to death by electrocution.
The death sentence shall be executed
under the authority of the Director of
Prisons, endeavoring so far as possible
to mitigate the sufferings of the person
under sentence during electrocution
as well as during the proceedings prior
to the execution.
If the person under sentence so
desires, he shall be anaesthetized at
the moment of the electrocution.
Art. 82. Notification and execution of
the sentence and assistance to the
culprit. — The court shall designate a
working day for the execution but not
the hour thereof; and such designation
shall not be communicated to the
offender before sunrise of said day,
and the execution shall not take place
until after the expiration of at least
eight hours following the notification,
but before sunset. During the interval
between the notification and the
execution, the culprit shall, in so far as
possible, be furnished such assistance
as he may request in order to be
attended in his last moments by priests
or ministers of the religion he professes
and to consult lawyers, as well as in
order to make a will and confer with
members of his family or persons in
charge of the management of his
business, of the administration of his
property, or of the care of his
descendants.
Art. 83. Suspension of the execution of
the death sentence. — The death
sentence shall not be inflicted upon a
woman within the three years next
following the date of the sentence or
while she is pregnant, nor upon any
person over seventy years of age. In
this last case, the death sentence shall
be commuted to the penalty of
reclusion perpetua with the accessory
penalties provided in Article 40.
Art. 84. Place of execution and
persons who may witness the same.
The execution shall take place in the
penitentiary of Bilibid in a space
closed to the public view and shall be
witnessed only by the priests assisting
the offender and by his lawyers, and
by his relatives, not exceeding six, if
he so request, by the physician and
the necessary personnel of the penal
establishment, and by such persons as
the Director of Prisons may authorize.
 Art. 85. Provisions relative to the
corpse of the person executed and its
burial. — Unless claimed by his family,
the corpse of the culprit shall, upon
the completion of the legal
proceedings subsequent to the
execution, be turned over to the
institute of learning or scientific
research first applying for it, for the
purpose of study and investigation,
provided that such institute shall take
charge of the decent burial of the
remains. Otherwise, the Director of
Prisons shall order the burial of the
body of the culprit at government
expense, granting permission to be
present thereat to the members of the
family of the culprit and the friends of
the latter. In no case shall the burial of
the body of a person sentenced to
death be held with pomp.
Art. 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision
correccional and arresto mayor. —
The penalties of reclusion perpetua,
reclusion temporal, prision mayor,
prision correccional and arresto
mayor, shall be executed and served
in the places and penal
establishments provided by the
Administrative Code in force or which
may be provided by law in the future.
Art. 87. Destierro. — Any person
sentenced to destierro shall not be
permitted to enter the place or places
designated in the sentence, nor within
the radius therein specified, which
shall not more than 250 and be not
less than 25 kilometers from the place
designated.
Art. 88. Arresto menor. — The penalty
of arresto menor shall be served in the
municipal jail, or in the house of the
defendant himself under the
surveillance of an officer of the law,
when the court so provides in its
decision, taking into consideration the
health of the offender and other
reasons which may seem satisfactory
to it.
Q: When is death penalty not
imposed?
A:
1. When the convict is below 18 yrs
old at the time of the
commission of the crime.
2. When the convict is over 70 yrs
old at the time of the
commission of the crime.
3. When upon appeal or
automatic review of the case
by the Supreme Court, the
required majority vote is not
obtained for the imposition of
the death penalty, in which
cases the penalty shall be
reclusion perpetual. (Art. 47)
Q: When is the execution of death
penalty suspended?
A:
1. When the convict is a woman
who is pregnant or within 1 year
after delivery (Art .83)
2. When a convict shall become
insane or an imbecile after final
sentence has been
pronounced. (Art. 79)
Q: When is death penalty imposed but
not carried out?
A:
 1. In case of commutation of
sentence.
2. If the convict attains the age
of 70 years old in which case
the penalty will be
automatically lowered to
reclusion Perpetua.
Only a penalty by final judgment can
be executed. A judgment is final if the
accused has not appealed within 15
days or he has expressly waived in
writing that he will not appeal.
TITLE FOUR
EXTINCTION OF CRIMINAL LIABILITY
Q: How is criminal liability
extinguished?
A: Criminal liability may
extinguished either, totally or partially.
Total Extinction
1. By the death of the convict as
to personal penalties; and as to
pecuniary penalties, liability
therefore is extinguished only
when the death of the offender
occurs before final judgment;
2. By service of sentences;
3. By amnesty which completely
extinguished the penalty and all
its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty
7. By the marriage of the offended
women as in the crimes of rape,
abduction, seduction and acts
of lasciviousness.
Partial Extinction
1. By conditional pardon;
2. By commutation of sentence;
3. For good conduct allowances
which the culprit may earn while
he is serving sentence;
4. Parole; and
5. Probation.
Q: What is the effect of offender’s
death?
A:
1. If before final judgment – his
death extinguished both his
criminal and civil liabilities
2. If while the case is on appeal –
case on appeal will be
dismissed. Offended party may
file a separate civil action under
the Civil Code If any other basis
for recovery of civil liability exists
as provided under Art 1157 Civil
be Code.
Note: However, civil liability arising
from sources other than the crime
committed survived and may be
pursued in a separate civil action.
(People vs Bayotas, G.R. No. 152007,
September 2, 1994)
Q: What is amnesty?
A: It is an act of the sovereign power
granting a general pardon for a past
offense, and is rarely, if ever exercised
in favor of a single individual, and is
usually extended to a certain class of
persons who are subject to trial but
have not yet been convicted.
Q: What is absolute pardon?
A: it is an act of grace, proceeding
from the power entrusted with the
execution of the laws, which exempts
the individual on whom it is bestowed
from the punishment the law inflicts for extinction of the vestige of the
the crime he has committed. effects of the crime.
penalty
Q: What are the distinctions between
pardon and amnesty? Note: Both do not extinguish the civil
A: liability of the offender.
Pardon Amnesty
Covers any crime A blanket of Q: What is parole?
and is exercised pardon to classes
by the President. of persons or A: Parole consists in the suspension of
communities who the sentence of a convict, after
may be guilty of serving the minimum term of the
political offenses. indeterminate penalty, without
Exercised only May be exercised granting pardon, prescribing the terms
after conviction even before trial upon which the sentence shall be
by final judgment. or investigation is suspended.
had
Looks forward . It does not work Q: What is conditional pardon?
and relieves the restoration of
offender from the the rights to hold A: A condition pardon, when
consequences of public office or delivered and accepted, is
an offense of the right to considered a contract between the
which he has suffrage unless sovereign power of the executive and
been convicted expressly restored the convict that the former will release
Looks backward It obliterates the the latter upon compliance with the
and abolishes offense as if no condition.
and puts into offense has been
oblivion the committed. Q: What are the distinctions between
offense itself conditional pardon and parole?
A private act of A public act thru
the President must a Proclamation A:
pleaded and by the President Conditional parole
prove by the with the pardon
person pardoned. concurrence of May be given at May be given
Congress and any time final after prisoner has
which the Court judgment. served the
should take minimum penalty.
judicial notice. Granted by Chief Granted by the
Does not alter the Makes an ex Executive under Board of Pardons
fact that the convict no longer the Administrative and Parole under
accused is a recidivist Code. the indeterminate
recidivist as it because it Sentence Law.
produces only the obliterates the last For violation, For violation, may
convict may be be rearrested, A: Prescription of crimes is the
prosecuted under and the convict forfeiture or loss of the right of the
Art. 159. will serve the State to prosecute the offender after
remaining the lapse of certain time.
sentence.
GR: Prescription of the crime begins on
the day the crime was committed.

Q: Vanessa Ortiz was sentenced to XPN: When crime was concealed,

death by final judgment. But prescription would only commence
subsequently he was granted pardon from the time the offended party or
by the President. The pardon was silent the government learns of the
on the perpetual disqualification of commission.
Vanessa to hold any public office.
After his pardon, Vanessa ran for the Prescription of crimes under the RPC
office as Mayor of APP, his hometown. (Art. 90)
His opponent sought to disqualify him. Crimes Prescription
Vanessa contended he is not Crimes punishable by Death,
disqualified because he was already Reclusion perpetua, Reclusion
pardoned by the President temporal 20 years
unconditionally. Is Vanessa’s Crimes punishable by other afflictive
contention correct? Reason briefly. penalties. 15 years
Crimes punishable by other
A: No Article 40 of the Revised Penal Correctional penalties 10 years*
Code expressly provides that when Libel or other similar offenses 1 years
the death penalty is not executed by Oral defamation and slander by deed
reason of commutation or pardon, the 6 months
accessory penalties of perpetual Light offenses 2 months
absolute disqualification and civil
interdiction during thirty (30) years Note: Except those punishable by
from, the date of the sentence shall Arresto Mayor wherein the prescriptive
remain as effect thereof, unless such period is 5 years.
accessory penalties have been When fine is imposed as an alternative
expressly remitted in the pardon. This is penalty imprisonment, and the fine
because pardon only excuses the constitutes a higher
convict from serving the sentence but penalty than the penalty of
does not relieve him of the effects of imprisonment, the basis of the
the conviction unless expressly prescriptive period is the fine.
remitted in the pardon. (2004 Bar Q: What is the rule where the last day
Question) prescriptive period falls on a Sunday or
legal holiday?
Q: What is prescription of crimes? A: Where the last day of the
prescriptive period for filing an
information falls on a Sunday or legal
holiday, the information could no
longer be filed on the next day as the
crime has already prescribed.
Q: What will be the basis of
computation if the penalty is a
compound one?
A: The highest penalty is the basis of
the application of the rules contained
herein.
Q: Suppose, in 1980, A commits a
crime, then goes into hiding, he
resurfaces 20 years later and the
government finds a witness, can they
institute a case?
A: No. But is the accused left for the
United State. Yes he can be
prosecuted still.
The mere filing a complaint with: (1)
Chief of Police; (2) Office of the NBI or
(3) Office of the Provincial Director of
PNP does not interrupt the prescriptive
period.
Ratio: Because these do not constitute
the court, they are not part of the
judiciary no part of the court of justice.
Prescription of offenses punishable
under special laws and municipal
ordinances:
Imposable PenaltyPrescription
Imprisonment of six (6)
years or more 12 years
Imprisonment of two (2)
years but less than six (6) years 8 years
Offenses under the Revenue Law 5 A: It is interrupted when the convict:
years
Imprisonment of over one month but
less than two (2) years 4 years
Fine or imprisonment of not over one
(1) month, or both 1 years
Violations of municipal ordinances 2 expiration of the period of prescription
months
Q: What are the rules in computation
of prescription of offenses?
A:
1. Period of prescription
commences to run from the day the
crime is discovered by the offended
party, the authorities or their agents.
2. It is interrupted by the filing of
the complaint of information.
3. It runs again when such
proceedings terminate without the
accused being convicted or
acquitted or are unjustifiably stopped
for any reason not immutable to him
4. It shall not run when offender is
absent from the Philippines.
If dismissal is final, accused can no
longer be prosecuted even if still
within the prescriptive period, on the
ground of double jeopardy.
The filing of the complaint or
information in court for preliminary
investigation interrupts the running of
the prescriptive period.
Q: When will the prescriptive period
commence to run?
A: Prescriptive period of penalties will
only commence to run from the
moment the convict evades the
service of the sentence.
Q: When will such period be
interrupted?
a. gives himself up,
b. is captured,
c. goes to a foreign country with
which The Philippines has no
extradition treaty, or
d. commits any crime before the
.
Q: What are the situations which do
not follow Art. 91?
A:
1. Continuing crimes (prescriptive
period will start to run only at the
termination of the intended result);
Prescription of crimes Prescription
of penalties
Loss or forfeiture of the
State to prosecute. Loss
forfeiture of the State to enforce
judgment after a lapse of time.
Starts counting upon discovery of the
commission of the crime. Starts
counting upon the escape or evasion
of service of sentence.
Mere absence from the Philippines
interrupts the running of the
prescriptive period. Absence
from the Philippines interrupts the
period only when the goes to a
foreign country without an extradition
treaty with us.
Commission of another crime before
the expiration of the period does not
interrupt. Commission of another
crime before expiration of the period
interrupts the prescription.
2. In crimes against false testimony
(prescriptive period is reckoned from
the day a final judgment is rendered
and not at the time when the false
testimony was made);
3. Election offense – (a) if
discovery of offense is incidental to
judicial proceedings, prescription
begins when such proceeding
terminates; (b) from the date of
commission of the offense.
Q: What is the effect of filing an
amended complaint or information
upon period of prescription?
A: If the amendment charges a
different crime, the date of amended
complaint or information should be
considered. If it is merely a correction
of a defect, the date of the original
complaint or information should be
considered.
Prescription of Penalties:
or Imposable penalty Prescription
Death, Reclusion perpetua,
Reclusion temporal 20 years
Other afflictive penalties 15 years
Correctional penalties
Except arresto mayor 10 years
5 years
Light penalties 1 year
Q: One fateful night in January 1990,
while 5 year old Albert was urinating
at the back of their house, he heard a
strange noise coming from the kitchen
of their neighbor and playmate, Ara.
When he peeped inside, he saw Mina,
Ara’s stepmother, very angry and
straggling the 5-years old Ara to
death. Albert saw Mina carries the
dead body of Ara, place it inside the
trunk of her car and drive away. The
dead body or Ara was never found.
Mina spread the news in the
neighborhood that Ara went to live
with her grandparents in Ormoc City.
For fear of his life, Albert did not tell
anyone, even his parents and
relatives, about what he witnessed.
Twenty and haft (20 & ½) years after
te incident, and right after his
graduation in Criminology, Albert
reported the crime to NBI authorities,
The crime of homicide prescribes In 20
years. Can the state still prosecute
Mina for the death of Ara despite the
lapse of 20 and ½ years? Explain.
A: Yes, The state can still prosecute
Mina for the death of Ara despite the
lapse of 20 and ½ years. Under Article
91, RFC, the period of prescription
commences to run from the day on
which the crime is discovered by the
offended party, the authorities or their
Agents. In the case at bar, the
commission of the crime was known
only to Albert, who was not the
offended party nor an authority or an
agent of an authority. It was
discovered by the NBI authorities only
when Albert revealed to them the
commission of the crime hence, the
period of prescription of 20 years for
homicide commenced to run only
from the time Albert revealed the
same to the NBI authorities. (2000 Bar
Question)
Q: On June 1, 1988, a complaint for
concubinage committed if February
1987 was filed against Roberto in the
Municipal Trial Court of Tanza, Civite
for purposes of preliminary
Investigation. For various reasons, it
was only on July 3, 1998 when the
Judge of said court decided the case
by dismissing it for lack of jurisdiction
since the crime was committed in
Manila. The case was subsequently
filed with the City Fiscal of Manila buy
it was dismissed on the ground that
the crime had already prescribed. The
law provides that the crime of
concubinage prescribes in ten (10)
years. Was the dismissal by the fiscal
correct? Explain.
A: No, the Fiscal’s dismissal of the case
on alleged prescription is not correct.
The filing of the complaint with the
Municipal Trial Court, although only for
preliminary investigation, interrupted
and suspended the period of
prescription in as much the jurisdiction
of a court in a criminal case is
determined by the allegations in the
complaint of information, not by the
result of proof. (2000 Bar Question).
ALLOWANCE FOR GOOD CONDUCT
(Art. 97)
Deduction
First 2 years 5 days for each month
of good behavior
3-5 years 8 days for each month
of good behavior
6-10 years 10 days for each month
of good behavior
11 and so on years 15 days for
each month
of good behavior
TITLE FIVE
CIVIL LIABILITY
Chapter One:
PERSON CIVILLY LIABLE FOR FELONIES
(Art. 100-103)
Art. 100. Civil liability of a person guilty
of felony. — Every person criminally
liable for a felony is also civilly liable.
Art. 101. Rules regarding civil liability in
certain cases. — The exemption from
criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article
12 and in subdivision 4 of Article 11 of
this Code does not include exemption
from civil liability, which shall be
enforced subject to the following
rules:
First. In cases of subdivisions 1, 2, and 3
of Article 12, the civil liability for acts
committed by an imbecile or insane
person, and by a person under nine
years of age, or by one over nine but
under fifteen years of age, who has
acted without discernment, shall
devolve upon those having such
person under their legal authority or
control, unless it appears that there
was no fault or negligence on their
part.
Should there be no person having
such insane, imbecile or minor under
his authority, legal guardianship or
control, or if such person be insolvent,
said insane, imbecile, or minor shall
respond with their own property,
excepting property exempt from
execution, in accordance with the
civil law.
Second. In cases falling within
subdivision 4 of Article 11, the persons
for whose benefit the harm has been
prevented shall be civilly liable in
proportion to the benefit which they
may have received.
The courts shall determine, in sound
discretion, the proportionate amount
for which each one shall be liable.
When the respective shares cannot
be equitably determined, even
approximately, or when the liability
also attaches to the Government, or
to the majority of the inhabitants of
the town, and, in all events, whenever
the damages have been caused with
the consent of the authorities or their
agents, indemnification shall be made
in the manner prescribed by special
laws or regulations.
Third. In cases falling within subdivisions
5 and 6 of Article 12, the persons using
violence or causing the fears shall be
primarily liable and secondarily, or, if
there be no such persons, those doing
the act shall be liable, saving always
to the latter that part of their property
exempt from execution.
Art. 102. Subsidiary civil liability of
innkeepers, tavernkeepers and
proprietors of establishments. — In
default of the persons criminally liable,
innkeepers, tavernkeepers, and any
other persons or corporations shall be
civilly liable for crimes committed in
their establishments, in all cases where
a violation of municipal ordinances or
some general or special police
regulation shall have been committed
by them or their employees.
Innkeepers are also subsidiarity liable
for the restitution of goods taken by
robbery or theft within their houses
from guests lodging therein, or for the
payment of the value thereof,
provided that such guests shall have
notified in advance the innkeeper
himself, or the person representing
him, of the deposit of such goods
within the inn; and shall furthermore
have followed the directions which
such innkeeper or his representative
may have given them with respect to
the care and vigilance over such
goods. No liability shall attach in case
of robbery with violence against or
intimidation of persons unless
committed by the innkeeper's
employees.
Art. 103. Subsidiary civil liability of other
persons. — The subsidiary liability
established in the next preceding
article shall also apply to employers,
teachers, persons, and corporations
engaged in any kind of industry for
felonies committed by their servants,
pupils, workmen, apprentices, or
employees in the discharge of their
duties.
Q: What is the dual character of a
crime?
A:
1. It is an offense against the state,
because of the disturbance of the
social order, and
2. It is an offense against the
private person injured by the crime,
UNLESS it involves the crime of treason,
rebellion, espionage contempt, and
other wherein no civil liability arises on
the part of the offender, either
because there are no damages to be
compensated or there is no private
person injured by the crime.
Q: What is the effect of the acquittal
of the accused to the corresponding
civil liability?
A: GR: Acquittal of the accused in
a criminal case extinguishes his civil
liability.
XPN:
1. When the civil action is based
on obligations not arising from the act
complained of as a felony;
2. When acquittal is based on
reasonable doubt or acquittal is on
the ground that guilt has not been
proven beyond reasonable doubt (Art
29, New Civil Code);
3. Acquittal due to an exempting
circumstances, like insanity;
4. Where the court states in its
judgment that the case merely
involves a civil obligation;
5. Where there was a proper
reservation for the filing of a separate
civil action;
6. In cases of independent civil
actions provided for in Arts, 31, 32, 33
and 32 of the New Civil Code;
7. When the judgment of acquittal
includes a declaration that the fact
from which the civil liability might arise
did not exist.
8. Where the civil liability is not
derived or based on the criminal act
of which the accused is acquitted.
Q: What are the instances where the
accused is held civilly liable despite his
acquittal?
A:
1. Acquittal on reasonable doubt;
2. Acquittal from cause of non-
imputability;
3. Acquittal in criminal action for
negligence;
4. There is only civil responsibility
adjudged;
5. Independent civil action.
SUBSIDIARY LIABILITY OF INNKEEPERS,
TAVERNKEEPERS AND PROPRIETORS OF
ESTABLISHMENTS
Q: What are the elements under
paragraph 1?
A:
1. That the innkeeper, tavern-
keeper or proprietor of establishment
or his employee committed a violation
of municipal ordinance or some
general or special police regulation
2. That the crime is committed in
such inn, tavern or establishment.
3. That the person criminally liable
is insolvent.
Q: What are the elements under
paragraphs 2?
A:
1. That the quests notified in
advance the innkeeper or the person
representing the deposit of their
goods within the inn or house.
2. The quests followed the
directions of the innkeeper or his
representative with respect to the
care of and vigilance over such
people.
3. Such goods of the quests
lodging therein were taken by robbery
with force upon things or theft
committed within the inn or house.
Q: What are the elements of subsidiary
civil liability of other persons?
A:
1. The employer, teacher, person,
or corporation is engaged in any kind
of industry.
2. Any of their servants, pupils,
workmen, apprentices, or employee
commits a felony while in the
discharge of his duties.
3. The said employee is insolvent
and has not satisfied his civil liability.
Q: What are the distinctions between
the civil liability of the employer under
Article 103 of the RPC and Article 2180
of the Civil Code?
A:
Art. 103 (RPC) Art. 2180 (Civil
Code)
As to the source of liability
Arises from crime. Arises from quasi
delict.
As to the nature of liability of the
employer
Subsidiary Direct and primary
As to the necessity of filing a separate
complaint against the employer
Not necessary since his liability is clear
from the decision of conviction
against the accused Complaint
must be filed against the employer
because his liability is direct and
primary.
As to the availability of the defense of
diligence of a good father of a family
Cannot defeat the employer’s
subsidiary liability under the RPC.
Defense is available
Chapter Two:
WHAT CIVIL LIABILITY INCLUDES
(Art. 104-111)
Art. 104. What is included in civil
liability? — The civil liability established
in Articles 100, 101, 102, and 103 of this
Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential
damages.
Art. 105. Restitution; How made. — The
restitution of the thing itself must be
made whenever possible, with
allowance for any deterioration, or
diminution of value as determined by
the court.
The thing itself shall be restored, even
though it be found in the possession of
a third person who has acquired it by
lawful means, saving to the latter his
action against the proper person, who
may be liable to him.
This provision is not applicable in
cases in which the thing has been
acquired by the third person in the
manner and under the requirements
which, by law, bar an action for its
recovery.
Art. 106. Reparation; How made. —
The court shall determine the amount
of damage, taking into consideration
the price of the thing, whenever
possible, and its special sentimental
value to the injured party, and
reparation shall be made accordingly.
Art. 107. Indemnification; What is
included. — Indemnification for
consequential damages shall include
not only those caused the injured
party, but also those suffered by his
family or by a third person by reason
of the crime.
Art. 108. Obligation to make
restoration, reparation for damages,
or indemnification for consequential
damages and actions to demand the
same; Upon whom it devolves. — The
obligation to make restoration or
reparation for damages and
indemnification for consequential
damages devolves upon the heirs of
the person liable.
The action to demand restoration,
reparation, and indemnification
likewise descends to the heirs of the
person injured.
Art. 109. Share of each person civilly
liable. — If there are two or more
persons civilly liable for a felony, the
courts shall determine the amount for
which each must respond.
Art. 110. Several and subsidiary liability
of principals, accomplices and
accessories of a felony; Preference in
payment. — Notwithstanding the
provisions of the next preceding
article, the principals, accomplices,
and accessories, each within their
respective class, shall be liable
severally (in solidum) among
themselves for their quotas, and
subsidiaries for those of the other
persons liable.
The subsidiary liability shall be
enforced, first against the property of
the principals; next, against that of the
accomplices, and, lastly, against that
of the accessories.
Whenever the liability in solidum or the
subsidiary liability has been enforced,
the person by whom payment has
been made shall have a right of
action against the others for the
amount of their respective shares.
Art. 111. Obligation to make restitution
in certain cases. — Any person who
has participated gratuitously in the
proceeds of a felony shall be bound
to make restitution in an amount
equivalent to the extent of such
participation
Q: What are the categories of civil
liability?
A:
1. Restitution or restoration
Presupposes that offended party was
divested of property, and such
property must be returned.
If the property is in the hands of a third
party, the same must nevertheless be
taken away from him and restored to
the offended party, even if such third
party is a holder for value and a buyer
in good faith of the property.
XPN: When such third party buys the
property from a public sale where the
law protect the buyer.
2. Reparation of the damage
caused
Court determined the amount of
damage, taking into consideration the
price of the thing, whenever possible,
and its special sentimental value to
the injured party.
Reparation is ordered by the court if
restitution is not possible.
If there is no evidence as to the
value of the thing unrecovered,
reparation cannot be made.
3. Indemnification of
consequential damages:
Refer to the loss of earnings, loss of
profits
Does not refer only to consequential
damages suffered by the offended
party; this also includes consequential
damages to third party who also
suffers because of the commission of
the crime.
Q: How is restitution being done?
A: The restitution of the thing itself must
be made whenever possible, with
allowance for any deterioration, or
diminution of value as determined by
the court.
The thing itself shall be restored, even
though it is found in the possession of
a third person who has acquired it by
lawful means, saving to the latter his
action against the proper person, who
may be liable to him. (Art. 105)
Q: When is restitution not applicable?
A: It is not applicable in cases in which
the thing has been acquired by the
third person in the manner and under
the requirements which; by law, bar
an action for its recovery.
Q: How is reparation done?
A: The court shall determine the
amount of damage, taking into
consideration the price of the thing,
whenever possible, and its special
sentimental value to the injured party
and reparation shall be made
according. (Art. 106)
A: The obligation to make restoration
or reparation for damages and
indemnification for consequential
damages devolves upon the heirs of
the person liable.
The action to demand restoration,
reparation, and indemnification
likewise descends to the hiers of the
person injured.
Q: What is the preference in payment
in cases of several ad subsidiary
liabilities of principals, accomplices
and accessories of a felony?
A: The subsidiary liability shall be
enforced, first against the property of
the principals; next, against that of the
accomplices, and, lastly, against that
of the accessories.
Whenever the liability in solidum or
the subsidiary liability has been
enforced, the person by whom
payment has been made shall have a
right of action against the other for
the amount of their respective shares.

Q: What is included in
indemnification?
A: Indemnification for consequential
damages shall include not only those
caused the injured party. but also
those suffered by his family or by a
third person by reason of the crime.
(Art. 107)
Q: Upon who does the obligation to
make reparation or indemnification
and actions to demand the same
devolves?
 REVIEWER IN CRIMINAL LAW II
BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
AND THE LAWS OF THE NATIONS
Chapter One:
Crimes Against National Security
(Arts. 114 -123)
TREASON (Art114)
ARTICLE 114: Treason. — Any person
who, owing allegiance to (the United
States or) the Government of the
Philippine Islands, not being a
foreigner, levies war against them or
adheres to their enemies, giving them
aid or comfort within the Philippine
Islands or elsewhere, shall be
punished by reclusion temporal to
death and shall pay a fine not to
exceed P20,000 pesos.
No person shall be convicted of
treason unless on the testimony of two
witnesses at least to the same overt
act or on confession of the accused in
open court.
Likewise, an alien, residing in the
Philippine Islands, who commits acts
of treason as defined in paragraph 1
of this Article shall be punished by
prision mayor to death and shall pay a
fine not to exceed P20,000 pesos. (As
amended by E.O. No. 44, May 31,
1945).
Q: What is the crime of treason?
A: It is a breach of allegiance to a
government committed by a person
who owes allegiance to it.
Q: What is allegiance?
A: It is the obligation of fidelity and
obedience which one owes to the
government under which he lives; in
return for the protection he receives.
Q: What are the elements of treason?
A:
1. Offender is a Filipino citizen or
an alien residing in the
Philippines;
2. There is a war in which the
Philippines is involved;
3. offender either:
a.Levies war against the
Government; or
b.Adheres to the enemies by
giving them aid and comfort.
Q: Who are the persons that may be
liable for the crime of treason?
A: Filipino citizen and resident aliens
can be liable for treason. A citizen
owes permanent allegiance while a
resident alien owes temporary
allegiance to the government.
Q: What are the elements of levying
war?
A:
• There be an actual assembling
of men
• For the purpose of executing a
treasonable design by force.
Q: What is if the levying of war is
merely a civil uprising without any
intention of helping an external
enemy?
A: the crime is not a treason but
rebellion
The levying of war must be with intent
to overthrow the government as such,
not merely to resist a particular statute
or to repeal a particular officer.
It is not necessary that there be a
formal declaration of the existence of
a state of war
There must be actual hostilities. No
need for declaration of war.
Q: What is the meaning of adherence
to the enemy?
A: Adherence to enemy- means that a
citizen intellectually or emotionally
favors the enemies and harbors
convictions disloyal to his country’s
policy or interest. It means that there is
intent to betray.
NOTE: Adherence alone without aid
and comfort does not constitute
treason although it may be inferred
from the acts committed.
Q: How may adherence is proved?
A: Adherence may be proved:
• By one witness
• From the nature of the act itself
• From the circumstances
surrounding the act
Q: What is the meaning of the aid and
comfort?
A: Aid and comfort means an act
which strengthen or tend to strengthen
the enemy of the Government in the
conduct of war against the
government or an act which weakens
or tend to weakens the power of the
government to resist or to attack the
enemies of the government .
Q: What is the extent of aid or
comfort?
A: It must be deed or physical activity
and it must be intentional?
Q: What are the ways of proving
treason?
A:
• Two witness rule the testimony of
two witnesses is required to prove the
same overt act of giving aid or
comfort.
Note: The testimony of two witnesses is
required to prove the same act, place
and moment of time.
If the overt act is separate, two
witnesses must also testify to each part
of the overt act.
Q: Does adherence to the enemy
need to be proved by two witnesses?
A: No it needs not to be proved by two
witnesses. Such may be proved by the
testimony of one witness, or from the
nature of the act itself, or from the
circumstances surrounding the act.
2. Confession of the accused in open
court.
Q: is suspended allegiance a defense
in treason?
A: No because sovereignty is not
suspended in times of war. What is
suspended is only the exercise
thereof; hence the allegiance of a
citizen is not abrogated by the enemy
occupation.
Q: X furnished women to the enemy.
Does the act constitute treason?
A: No, it does not constitute treason
because such does not directly and
materially tend to improve the war
efforts of the enemy.
Q: X is the spy and an informer of the
enemy. Can X be held liable for
treason?
A: Yes because such act tends to
strengthen the enemy in the conduct
of war?
Q: When common crimes committed
(i. e. murder, robbery, arson) are
committed in furtherance of the crime,
can they be considered crime
separate from treason?
A: No, because there is no complex
crime of treason with murder the
common crime committed in
furtherance are the overt act of aid
and comfort and are therefore
insuperable from treason itself neither
are they considered separate offense.
Q: Is treason a continuing offense?
A: Yes it can be committed by a single
act or by a series of acts. It can be
committed in one single time or at
different. In treason, there is only one
criminal intent. A person who commits
treason is not criminally responsible for
as many crimes of treason as the overt
acts he has intentionally committed to
the aid of the enemy.
Q: What are the circumstances
inherent on the crime of treason?
A: treachery, abuse of superior
strength and evident premeditation
are inherent in the crime of treason,
therefore, not aggravating.
Q: Does the crime of treason admit of
stages?
A: No mere attempt consummates the
crime of treason.
Q: How is treason distinguished from
sedition?
A:
Treason Sedition
Violation by a subject of his
allegiance to his sovereign or country.
Raising of commotions or
disturbances in a state.
Requires a state of war with another
country. Conflict is merely internal.
Q: How is treason distinguished from
rebellion?
A:
Treason Sedition
The purpose of levying war is to help
the enemy. The purpose is merely to
substitute the government with rebels
own form of government.
MISPRISION OF TREASON (Art 116)
ARTICLE 116: Misprision of treason. —
Every person owing allegiance to (the
United States) the Government of the
Philippine Islands, without being a
foreigner, and having knowledge of
any conspiracy against them,
conceals or does not disclose and
make known the same, as soon as
possible to the governor or fiscal of the
province, or the mayor or fiscal of the
city in which he resides, as the case
may be, shall be punished as an
accessory to the crime of treason.
Q: What are the elements of misprision
of treason?
A:
• That the offender is a citizen of
the Philippines.
• That he has knowledge of any
conspiracy against the government.
• The conspiracy is one to commit
treason
• That he conceals or does not
disclose and make known the same
as soon as possible to the proper
authority.
Note: Art 116 is an exception to the
rule that mere silence does not make
a person criminally liable. This is
actually a crime of omission.
Q: When the crime of treason is
already committed and the accused
does not report its commission to the
proper authorities. Is he liable for
misprision of treason?
A: No, because treason is already
committed, misprision of treason
contemplates the failure of a citizen to
report any such conspiracy to commit
treason.
Q: How is the offender punished?
A: Offender in misprision of treason is
punished as an accessory to treason
and as principal in misprision of
treason.
Q: What does the phrase shall be
punished as an accessory to the crime
of treason mean?
A: The phrase does not mean that the
offender is legally speaking an
accessory to the crime of treason
because he is already a principal in
the crime of misprision of treason. It
simply means that the penalty
imposed is that of an accessory to the
crime of treason.
NOTE: Relatives who are accessories
are exempt from criminal liability
under Art 20 are punishable under
these articles assuming article 20 is
applicable, because:
• This articles is of special
application whereas article 20 is of
general application
• Security of state is more
paramount than mere relationship
and.
• The offender commits the
distinct crime of misprision of treason
which is separate and different from
treason.
ESPIONAGE (Art 117)
ARTICLE 117: Espionage. — The
penalty of prision correccional shall
be inflicted upon any person who:
1. Without authority therefor, enters a
warship, fort, or naval or military
establishment or reservation to obtain
any information, plans, photographs,
or other data of a confidential nature
relative to the defense of the
Philippine Archipelago; or
2. Being in possession, by reason of
the public office he holds, of the
articles, data, or information referred
to in the preceding paragraph,
discloses their contents to a reason of the public office he holds.
representative of a foreign nation.
The penalty next higher in degree
shall be imposed if the offender be a
public officer or employee.
Section Two. — Provoking war and
disloyalty in case of war.
Q: What is the offense of espionage?
A: Espionage is the offense of
gathering, transmitting, or losing
information respecting the national
defense with intent or reason to
believe that information is to be used
to the injury of the Republic of the
Philippines or to the advantage of
foreign Nation.
Q: What are the two ways of
committing espionage?
A:
First mode: by entering without
authority ,a warship fort or military or
naval establishment or reservation to
obtain any information, plans or other
data of confidential nature relative to
the defense of the Philippines, or
That the offender enters any of
the places mentioned therein
That he has no authority
therefore
That his purpose is to obtain
information, plans, photograph or
other data of a confidential nature
relative to the defense of the
Philippines
Second mode: By disclosing to the
representative of a foreign nation the
contents of the articles, data, or
information referred to in par no 1 of
117 which he had in his possession by
Elements
That the offender is a public
officer;
• That he has in his possession the
articles, data or information referred in
paragraph 1of Art 117 , by reason of
the public office he holds;
• That he discloses their contents
to a representative of a foreign nation.
Q: Under the first mode of committing
espionage, is it necessary that the
offender succeeds in obtaining the
information?
A: No, it is suffices that the offender
entered the places mentioned without
authority for the purpose of obtaining
such information relevant to national
security.
Q: Is wiretapping is a form of
espionage?

A: It depends on the purpose of
information obtained. If the purpose
has nothing to do with the country’s
defense or national security,
wiretapping is not espionage.
Q: Is it necessary that the country is at
war for the crime of espionage to be
committed?
A: No espionage can be committed in
times of peace or war?
Q: What are the other acts of
espionage punished under
commonwealth act of 616 an act to
punish Espionage and other offenses
against national security?
A:
• Unlawful obtaining
information relative to the defense of
the Philippines or to the advantage of
any foreign nation.
• Unlawful disclosing
information relative to the defense of
the Philippines
• Disloyal acts in time of peace
• Disloyal act in time of war
• Conspiracy to violate any of the
said acts
• Harbouring ,concealing
violators of the law
• Photographing from aircraft of
vital military information
Q: What are the distinction between
espionage and treason?
A:
Espionage Treason
May be committed both in time of
peace and in time of war.
Essentially committed only in
time of war.
May be committed in many ways. Is
limited in two ways of committing the
crime: levying war and adhering to
the enemy giving him aid and
comfort.
INCITING TO WAR OR GIVING MOTIVES
FOR REPRISAL (Art 118)
ARTICLE 118: Inciting to war or giving
motives for reprisals. — The penalty of
reclusion temporal shall be imposed
upon any public officer or employee,
and that of prision mayor upon any
private individual, who, by unlawful or
unauthorized acts provokes or gives
occasion for a war involving or liable
to involve the Philippine Islands or
of exposes Filipino citizens to reprisals on
their persons or property.
Q: What are the elements of this
of crime?
A:
• That the offender performs
unlawful or unauthorized acts.
• Those acts provoke or give
occasion for a war involving or liable
to involve the Philippines or expose
the Pilipino citizen to reprisals on their
persons and property.
Illustrations
• The raising without sufficient
authorizations, of troops within the
Philippines for the service of the
foreign nation against another nation.
• The public destruction of the
flag or seal of a foreign state or the
public manifestation of hostility to the
head or ambassador of another state.
Q: What is reprisal?
A: Reprisal - is any kind of forcible or
coercive measure whereby one state
seeks to exercise a deterrent effect or
to obtained redress or satisfaction,
directly or indirectly, for the
consequences of the illegal acts of
another state, which has refused to
make amends for such illegal
conduct.
NOTE: Reprisal is resorted to for the
purpose of settling a dispute a
grievance without going to war.
Q: Is the intention of the accused
material?
A: No, viada says that to be liable for
inciting war or giving motive for
reprisal, the intention of the accused is
immaterial.
If the unlawful or unauthorized act of
the accused provokes or gives
occasion for a war or expose the
Filipino citizen to reprisals, the crime is
committed regardless of the intention.
The law considers the effect produced
by the act of the accused.
Note in inciting to war, the offender is
any person, if the offender is a public
officer, penalty is higher.
Q: What is the extent of reprisal?
A: Reprisals are not limited to military
actions it could be economic reprisal
or denial of entry into their country.
Example if A burned Singaporean flay
if Singapore bans the entry of Filipinos
that is reprisal?
PIRACY AND MUTINY ON THE HIGH
SEAS
(Art 122)
ARTICLE 122. Piracy in general and
mutiny on the high seas. — The
penalty of reclusion temporal shall be
inflicted upon any person who, on the
high seas, shall attack or seize a
vessel or, not being a member of its
complement nor a passenger, shall
seize the whole or part of the cargo of
said vessel, its equipment, or personal
belongings of its complement or
passengers.
The same penalty shall be inflicted in
case of mutiny on the high seas.
Q: What are the modes of committing
piracy?
A:
• First mode – by attacking or
seizing on the high seas or Philippine
waters.
• Second mode -By seizing the
whole or part of the cargo or
equipment of the vessel while on the
high seas or personal belongings of its
compliments or passengers; the
offenders not being members of the
compliments of the vessel.
Q: What is piracy?
A: It is robbery or forcible depredation
on the high sea without lawful
authority and done with animo furandi
and in the spirit or intention of
universal hostility.

Q: In general, what is the nature of the
crime of piracy?
A: piracy is a crime against mankind
pirate sin is, in law hostis humani
generis.
Q: What are the elements of piracy?
A: The elements of piracy are.
• That a vessel is on the high seas
or in Philippine waters;
• That the offenders are not
members of its compliment or
passengers of the vessel;
• That the offenders (a) attack or
seize that vessel or (b) seize the whole
or part of the cargo of said vessel, its
equipment or personal belonging of its
compliment or passengers.
Q: What is the meaning of high seas?
A: High seas mean any waters on the
seacoast which is without boundaries
of low water mark.
Q: Under the law, what does a
Philippine sea refer to?
A: Philippine seas- shall refer to all
bodies of water such as but not limited
to seas, gulfs, bays, around, between
and connecting each of the island of
the Philippine Archipelago,
irrespective of its depth, breath, length
or dimension and all waters belonging
to the Philippines by historic or legal
title, including territorial sea, the sea
bed, insular shelves, and other
submarine areas over which the
Philippines has sovereignty and
jurisdiction
Q: What are the kinds of piracy under
art 122 as amended by RA 7659?
A: Piracy in high seas and piracy in
internal water.
Q: Which court has jurisdiction over
piracy committed in the high seas?
A: Jurisdiction is with any court where
offenders are found or arrested; the
jurisdiction of piracy unlike all other
crimes has no territorial limit.
Q: Which court has jurisdiction over
piracy committed in Philippine
waters?
A: Jurisdiction is vested with Philippine
court.
Q: Did the act 122 as amended
repealed PD 532?
A: No, P.D. 532 may still apply where
the offender is no stranger to the
vessel since it provides any attack
upon or seizure of any vessel, or
taking away of the whole or part
thereof of its cargo ,equipment or the
personal belongings of its passengers,
irrespective of the value thereof by
means of violence against or
intimidation of person or force upon
things committed by any person ,
including a passenger or member of
the complement of said vessel , in
Philippine waters, shall be considered
as pirates and punished as herein after
provided (people vs Roger Tulin G.R.
No 11179 August 30 2001)

Q: What is the distinction between Art
122 and PD 532 with respect to piracy
committed in Philippine waters?
A:
Article 122 PD 532
Article 122 limits the offenders to non-
passengers or non-members of the
crew. No qualification as to the
criminal, hence, offender may be a
crew, a passenger or a stranger.
Note: In both piracies is committed in
Philippine waters.
Q: How is piracy distinguished from
robbery in Philippine waters?
A:
Piracy Robbery on the High Seas
The offender is an outsider. The
offender is a member of the
complement or a passenger of the
vessel.
Q: What is mutiny?
A: Mutiny is unlawful resistance to a
superior officer, or the raising of
commotion or disturbance on board a
ship against the authority of its
commander.
Q: What distinguishes piracy from
mutiny?
A:
Piracy Munity
Offenders are strangers to the vessel,
that is, neither passengers nor crew
members. Offenders are members of
the complement or the passengers of
the vessel.
Intent to gain is an element of piracy.
Intent to gain is immaterial.
The offenders may only intend to
ignore the ship’s officers or they may
be prompted by a desire to commit
plunder.
Attack from the outside. Attack from
the inside.
Pursuant to art 122 as amended by RA
7659 Piracy and Mutiny may be
committed in Philippine waters.
PRESIDENTIAL DECREE NO 532
ANTI PIRACY AND ANTI HIGHWAY
ROBBERY LAW OF 1974
Q: What is vessel?
A: Any vessel or water craft used for
transport of passengers and cargo for
fishing .
Q: What are the requisites to punish
the act of aiding or a betting piracy?
A:
• Knowingly aiding or protecting
pirates;
• Acquires or receive property
taken by such pirates, or in any
manner derives any benefit therefrom;
• Directly or indirectly abets the
commission of piracy.
Note: Under PD 532, PIRACY IN
Philippine water may be committed
even by a passenger or member of
the compliments of the vessel.
QUALIFIED PIRACY (Art 123)
ARTICLE 123. Qualified piracy. — The
penalty of reclusion temporal to death
shall be imposed upon those who
commit any of the crimes referred to
in the preceding article, under any of
the following circumstances:
1. Whenever they have seized a vessel
by boarding or firing upon the same;
2. Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3. Whenever the crime is
accompanied by murder, homicide,
physical injuries or rape.
Q: What are the special qualifying
aggravating circumstances under Art
123?
A:
• Whenever they have Seize the
vessel by boarding and firing upon the
same.
• Whenever the pirates have
abandoned their victims without
means of saving themselves.
• Whenever the crime is
accompanied by murder, homicide,
physical injuries, or rape.
Q: Is there a crime of qualified mutiny?
A: Yes, although in article 123 merely
refer to qualified piracy .there is also a
crime of qualified mutiny. Mutiny is
qualified under the following
circumstances.
• When the offenders abandoned
the victims without means of saving
themselves or;
• When the mutiny is
accompanied by rape, murder,
homicide, or physical injuries.
Note: The first circumstance which
qualifies piracy does not apply to
mutiny.
Q: When piracy is committed and
accompanied by murder, homicide,
physical injuries and rape, can these
crimes be complexed with piracy?
A: No when any of these crimes
accompany piracy, there is no
complex crime .instead there is only
one crime committed – qualified
piracy. Murder, rape, homicide,
physical injuries are mere
circumstances qualifying piracy and
cannot be punished as separate
crimes, nor can they be complexed
with piracy.
Q: Is qualified piracy a special
complex crime?
A: Yes, it is punishable by reclusion
Perpetua to death regardless of the
number of victims. Offenders are not
liable for the separate crimes of
murder, homicide, physical injuries or
rape.
NOTE: Crime here pertains to piracy
and mutiny on the high seas.
AIRCRAFT PIRACY OR ANTI HIJACKING
LAW

Q: What circumstances constitute
aircraft piracy?
A:
• Usurping or seizing control of an
aircraft of Philippine registry while it is
in flight compelling the pilot thereof to
change the course or destination of
the aircraft.
• Usurping or seizing control of an
aircraft of foreign registry while within
Philippine territory, compelling the
pilot thereof to land in any part of
Philippine territory.
Aggravating circumstances to no. 1
and 2;
o When the offender has fired
upon the pilot, member of the crew, or
passenger of the aircraft.
o When the offender has
exploded or attempted to explode
any bomb or explosive to destroy the
aircraft
o Whenever the crime is
accompanied by murder, homicide,
serious physical injury.
• Carrying or loading on board an
aircraft operating as a public utility
passenger aircraft in the Philippines,
any flammable , corrosive or
poisonous substances
• Loading ,shipping, or
transporting on board a cargo aircraft
operating as a public utility in the
Philippines, any flammable, corrosive,
exclusive, or poisonous substances if
this was done not in accordance with
the rules and regulation set and
promulgated by the air transportation
office on this matter.
Q: What are the necessary requisites
before the anti-hijacking law or R.A.
6235 may apply?
A: the aircraft must be of Philippine
registry and must be in flight.
Q: When is an aircraft considered in
flight?
A: An aircraft is considered in flight
from the moment all exterior doors are
closed following embarkation until
such time when the same doors are
again opened for disembarkation. This
means that there are passengers that
boarded. The aircraft shall be deemed
to be already in flight even if its engine
has not yet been started.
Q: If the aircraft is of Philippine registry
but it is not in flight and any of the four
circumstances mentioned under R.A.
6235 is committed. What law applies?
A: The anti hi jacking law will not
apply and the crime is punished under
the Revised Penal Code or applicable
special penal laws. The correlative
crime may be one of grave coercion
or grave threat if somebody is killed.
The crime is homicide or murder as
the case may be.
Q: If the aircraft is of foreign registry, is
it required that it is in fight before R.A.
6235 applies?
A: No, because aircrafts of foreign
registry are considered in transit while
they are in foreign countries.
Q: Is there hi jacking in attempted
stage?

A: None there is no hi jacking in
attempted stage .R.A 6235 is special
law where the attempted stage is not
punishable.
Q: In the course of the hijacking, a
passenger or complement was shot
and killed. What crime or crimes were
committed?
A: The crime remains to be a violation
of the anti-hijacking law, but the
penalty thereof shall be higher
because a passenger. Or
complement of the aircraft had been
killed .the crime of homicide or
murder is not committed.
Q: What distinguishes crimes against
the law of nations from crimes against
national security?
A:
Crimes against the law of
crimes against national security the
nations can be prosecute anywhere in
can be tried only in the Philippines.
The world because these crimes the
acts against national security may
Are considered crimes against be
committed abroad and still be
humanity.
Punishable under our law, but it
cannot be tried under foreign law.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
Chapter one:
ARBITRARY DETENTION, OR EXPULSION,
VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING
AND CRIMES AGAINST RELIGIOUS
WORSHIP
NOTE: All offenses in this title are
required to be committed by public
officers except offending the religious
feelings.
ARBITRARY DETENTION
Q: What is arbitrary detention?
A: Arbitrary detention is the
deprivation by a public officer of the
liberty of a person without any legal.
Q: When is a person considered in
detention?
A: A person is detained when he is
placed in confinement or there is
restraint on his person.
Q: What are the elements of the crime
of arbitrary detention?
A:
• Offender is a public officer or
employee
• He detains a person
• Detention is without legal crime
Q: Is it necessary that the public
officer be a police officer for him to be
held liable for arbitrary detention?
A: No, it is important, however, that the
public officer must be with the
authority to detain or order the
detention of person accused of a
crime such as policemen and other
agents of the law, judges or mayors.

Note: In arbitrary detention, the
offender is a public officer whose
function has something to do with the
protection of life and property and
maintenance of peace and order.
Thus, if the one who arrest another
without legal ground is a clerk in the
office of the central bank governor,
arbitrary detention is not the proper
charge.
Q: Can private individuals be held
liable for arbitrary detention?
A: Yes, they can be held similarly
liable as the public officer responsible
for arbitrary detention if they
conspired with such public officers.
Q: What are the legal grounds for the
detention of person?
A:
• commission of crime
• Violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital.
• When the person to be arrested
is an escaping prisoner.
Illustration
When the peace officers acted in
good faith even if the three (3)
grounds mentioned above are not
obtaining, there is no arbitrary
detention. In one case, 2 BIR secret
service agents, strangers in the
municipality who were spying the
neighbourhood of the market place
and acting generally in a matter
calculated to arouse the suspicion of
any one not advised as to their duty,
were arrested by policemen of the
town. The Supreme Court ruled that
the policemen acted in good faith
and cannot be held liable for arbitrary
detention.
Q: May arbitrary detention is
committed thru negligence?
A: Yes, as when a prisoner was
released by a judge but the police
officer believing that the order is
illegal re arrested the prisoner and put
him back in jail.
Q: What are the forms of illegal
detention?
A:
• Detaining a person without legal
ground
• A legal ground exists but the
arrest was made without a warrant
and the public officer does not deliver
the arrested person to the proper
judicial authority within the period of
12. 18. Or 36 hours as the case may
be.
• Delaying release by competent
authority with the same period
mentioned in number 2.
Q: What are the grounds for
warrantless arrest?
A:
• When in his presence, the
person to be arrested has committed,
is actually committing, or is attempting
to commit an offense.
• When an offense has in fact just
been committed ,and he has
probable cause to believed based on
personal knowledge of facts and
circumstances that the person to be
arrested has committed its.
• When the person to be arrested
is an escaped prisoner.
Q: What are the distinction between
arbitrary detention and illegal
detention?
A:
Arbitrary Detention Illegal
Detention
The principal offender must be a
public officer. The principal
offender is private person.
The offender who is a public officer
has a duty which carries with it the
authority to detain a person. The
offender, even if he is a public officer,
does not include as his function the
power to arrest and detain a person.
Q: If the public officer who affected
the arrest has no such authority to
detain a person, what crime can he
be made liable for?
A: if the offender does not have the
authority to detain a person or to
make such arrest, the crime
committed by him is illegal detention,
a public officer who is acting outside
the scope of his official duty is better
than a private citizen.
Q: What are the distinction between
arbitrary detention and unlawful
arrest?
A:
Arbitrary Detention Unlawful
Arrest
The offender is a public officer
possessed with authority to make
arrests. The offender may be any
person.
The purpose for detaining the
offended party is to deny him of his
liberty. The purpose is to accuse
the offended party of a crime he did
not commit, to deliver the person to
the proper authority, and to file the
necessary charges in a way trying to
incriminate him.
DELAYED IN THE DELIVERY OF DETAINED
PERSON TO THE PROPER AUTHORITY
(Art. 125)
Q: What are the elements of this
crime?
A:
• That the offender is a public
officer or employee
• That he has detained a person
for some legal ground.
• That he fails to deliver such
person to the proper judicial
authorities within
• 12 hours for offenses punishable
by light penalties or their equivalent.
• 18 hours for offenses punishable
by correctional penalties
• 36 hours, for crimes or offenses
punishable by afflictive or capital
penalties, or their equivalent.
Q: What are the circumstances
considered in determining liability of
officer detaining a person beyond
legal period?
A:
• The means of communication
• The hour of arrest
• Other circumstances such as
the time of surrender and maternal
possibility of fiscal to make the
investigation and file in time the
necessary information.
Q: What situation is contemplated by
Art 125?
A: Art 125 contemplates a situation
where arrest was made without a
warrant but there exists a legal ground
for the arrest. It does not apply when
the arrest is on the strength of a
warrant of arrest because in the latter
case, a person a person arrested can
be detained indefinitely until his case
is decided by the court or he post a
ball for his temporary release.
Q: Art 125 contemplates a situation
where arrest was made without a
warrant but there exists.
A: Art 125 contemplates a situation
where arrest was made without a
warrant but there exist a legal ground
for the arrest it does not apply when
the arrest is on the strength of a
warrant of arrest because in the latter
case, a person arrested can be
detained indefinitely until his case is
decided by the court or he post a bail
for his temporary release.
Q: Under art 125 a form when does the
detention become arbitrary?
A: The detention becomes arbitrary
when the period thereof exceeds 12,
18, or 36 hours. As the case may be,
depending on whether the crime is
punished by light, correctional or
afflictive penalty.
Q: Is Art.125 a form arbitrary
detention?
A: Yes, at the beginning, the detention
is legal since it is in pursuance of a
lawful arrest.
Person arrested may request for a
preliminary investigation but must sign
a waiver of his rights under art 125 and
should be under oath and with
assistance of counsel.
Q: What is meant by delivery?
A: delivery means the filing of correct
information or complaint with the
proper judicial authorities. It does not
mean physical delivery or turnover of
arrested person to the court.
Q: What is meant by proper judicial
authorities?
A: It refers to the courts of justice or
judges of said court vested with
judicial power to order the temporary
detention or confinement of a person
charged with having committed a
public offense.
Q: If a person is arrested pursuant to a
warrant of arrest, within what period
should a police officer turn over the
arrested person to the judicial
authority?
A: There is no time limit specified
except that the return must be made
within a reasonable time .the period
fixed by law under article 125 does not
apply because the arrest was made
by virtue of a warrant of arrest.

Q: Should the person arrested without
a warrant opt to avail his right to a
preliminary investigation, what must
he execute?
A: Under the Revised Rule of court, he
would have to waive in writing his right
under article 125.
Q: What if the person arrested does
not want to waive his rights under art
125?
A: The arresting officer will have to
comply with article 125 and file the
case immediately in court without
preliminary investigation.
Q: What is the difference between
delay in the delivery of detained
persons (art. 125) and arbitrary
detention (art. 124)?
A:
Delay in the Delivery of Detained
persons Arbitrary Detention
The detention is legal at the outset but
becomes arbitrary when the detention
exceeds any of the periods of time
specified in Art. 125, without the
person detained having been
charged before the proper judicial
authority. The detention is illegal at
the very inception because of the
absence of lawful cause for such
arrest.
DELAYING RELEASED (Art 126)
ARTICLE 126. Delaying release. — The
penalties provided for in Article 124
shall be imposed upon any public
officer or employee who delays for the
period of time specified therein the
performance of any judicial or
executive order for the release of a
prisoner or detention prisoner, or
unduly delays the service of the notice
of such order to said prisoner or the
proceedings upon any petition for the
liberation of such person.
Q: What are the punishable acts?
A:
• Delaying the performance of a
judicial or executive order for the
released of prisoner.
• Unduly delaying the proceeding
upon any petition for the liberation of
such person.
• Unduly delaying the proceeding
upon any petition for the liberation of
such person.
Q: what are the elements of delaying
release?
A:
• Offender is a public officer or
employee.
• There is judicial or executive
order for the release of a prisoner or
detention prisoner or that there is a
proceeding upon a petition for the
liberation of such person
• Offender without good reason
delays.
• Service of the notice of such
order to the prisoner or
• Performance of such judicial or
executive order for the released of the
prisoner or
• Proceedings upon a petition for
the released of such person.
Note: The prisoner could be prisoner
by final judgement or detention
prisoners.
EXPULSION (Art 127)
Q: What are the punishable acts?
A:
• expelling a person from the
Philippines
• compelling a person to change
his residence
Q: What are the elements of
expulsion?
A:
• offender is a public officer or
employee
• he either expels any person
from the Philippines compel a person
to change his residence
• offender is not authorized to do
so by law
Q: What is the essence of the crime of
expulsion?
A: the essence of this crime is
coercion but it is specifically termed
expulsion when committed by a
public officer.
Q: if any of the punishable acts under
art 127 is committed by a private
person .what crime can he be made
responsible for?
A: Grave coercion
Q: X mayor of the city of Manila
wanted to make a city free from
prostitution, he ordered certain
prostitutes to be transferred to Davao,
without observing due process what is
the crime Committed by X?
A: Expulsion
Q: What is the crime committed if
aliens are deported without an order
from the president or commissioner of
immigration and deportation after due
proceeding?
A: Expulsion
Q: Who has the authority to order a
person to change his residence?
A: Only the courts by a final
judgement can order a person to
change his residence.
Q: Who has the authority to deport
aliens?
A: Pursuant to revised administrative
code only the president of the
Philippines is vested with authority to
deport aliens.
VIOLATION OF DOMICILE
ARTICLE. 128. Violation of domicile. —
The penalty of prision correccional in
its minimum period shall be imposed
upon any public officer or employee
who, not being authorized by judicial
order, shall enter any dwelling against
the will of the owner thereof, search
papers or other effects found therein
without the previous consent of such
owner, or having surreptitiously
entered said dwelling, and being
required to leave the premises, shall
refuse to do so.
If the offense be committed in the
night-time, or if any papers or effects
not constituting evidence of a crime
be not returned immediately after the
search made by the offender, the
penalty shall be prision correccional
in its medium and maximum periods.
Q: What are the punishable acts?
A:
• Entering any dwelling against
the will of the owner in the first mode
lack of consent would not suffice as
the law requires that the offender’s
entry must be owner objection,
express or implied.
• Searching papers or other
effects found therein without the
previous consent of such owner or In
the second mode, mere lack of
consent is sufficient.
• Refusing to leave the premises
after having surreptiously entered said
dwelling and after having been
required to leave the same In the third
mode, what is punished is refusal to
leave the entry having been made
surreptitiously.
Q: What are the common elements?
A:
• Offender is public officer or
employee
• He is not authorized by judicial
order to enter the dwelling and/or to
make a search for papers and other
effects.
Q: How is the crime of violation of
domicile committed?
A: Violation of domicile is committed
by a public officers authorized to
implement a search or warrant of
arrest but at the time of the incident he
is not arm with a warrant.
Q: Suppose the public officer is not
authorized to execute a search
warrant and warrant of arrest what
crime can he be liable for?
A: Qualified trespassing to dwelling
Q: Suppose the punishable acts under
art 128 are committed by a private
person, what crime did he commit?
A: trespass to dwelling
Q: If a public officer searches a person
outside his dwelling not armed with a
search warrant or warrant of arrest,
are the provision of art 128
applicable?
A: No, because the papers and other
effects mentioned in art 128 must be
found in the dwelling.
Q: Are the provisions under art 128
applicable if the occupant of the
premises is not the owner thereof?
A: Yes, it would be sufficient if the
inhabitant is the lawful occupant using
the premises as his dwelling, although
he is not the proprietary owner thereof.
Q: What are the qualifying
circumstances under art 128?
A:
• If committed at night-time or
• If any papers or effects not
constituting of a crime are not
returned immediately after the search
is made by the offender.
Q: What is the meaning of against the
will of the owner?
A: It presupposes opposition or
prohibition by the owner express or
implied and not merely the absence
of consent.
SEARCH WARRANT MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE
OF THOSE LEGALLY OBTAINED (Art
129)
ARTICLE 129. Search warrants
maliciously obtained and abuse in the
service of those legally obtained. — In
addition to the liability attaching to the
offender for the commission of any
other offense, the penalty of arresto
mayor in its maximum period to
prision correccional in its minimum
period and a fine not exceeding
P1,000 pesos shall be imposed upon
any public officer or employee who
shall procure a search warrant without
just cause, or, having legally procured
the same, shall exceed his authority or
use unnecessary severity in executing
the same.
Q: What are the punishable acts?
A:
1. Procuring a search warrant
without just cause.
Elements:
• That the offender is a public
officer or employee.
• That he procures a search
warrant
• That there is no just cause
2. Exceeding his authority or by
using unnecessary severity in
executing a search warrant legally
procured.
Elements
• That the offender is a public
officer or employee
• That he has legally procured a
search warrant
• That he exceed his authority or
uses unnecessary severity in
executing the same.
Illustration
1. If the public officer, in executing a
search warrant for opium, seized
books, personal letters, and other
property having a remote or no
connection with opium , even if he
believed or suspected that they had
some relation with opium , such public
officer may be held liable under art
129 exceeding authority in executing
a search warrant. (Uy Kheytin, et all.
Vs Villareal et all, 42 phil.886)
But the possession of contraband
articles, like firearm without license is
a flagrant violation of the law and the
contraband can be seized without a
writ.
2. If in searching a house, the public
officer destroys furniture therein
without any justification at all , he is
guilty under art 129, as having used
unnecessary severity in executing the
search warrant.
Q: What is search warrant?
A: A search warrant is an order in
writing issued in the name of the
people of the Philippines signed by a
judge and directed to a peace officer.
Commanding him to search for
personal property described therein
and brings it before the court.
Q: What is the test for lack of just
cause?
A: whether the affidavit filed in support
of the application for search warrant
has been drawn in such a manner that
perjury could be charged thereon and
affiant could be held liable for
damages cause.
Q: What is the crime if the search
warrant is secured through false
affidavit?
A: The crime punished by this article
cannot be complexed but will be a
separate crime from perjury since the
penalty herein provided shall be in
addition to the penalty of perjury.
Q: What is personal property to be
seized?
A: A search warrant may be issued for
the search and seizure of the following
personal property?
• Subject of the offense
• Used or intended to be used as
the means of committing an offense
• Stolen or embezzled and other
proceeds or fruits of the offense.
Q: What is the validity of search
warrant?
A: A search warrant shall be valid for
ten (10) days from its date.
Q: What is probable cause?
A: It is such reasons, supported by
facts and circumstances as will
warrant a cautious man in the belief
that his action, and the means taken
in prosecuting it is legally just and
proper.
Q: When is a search warrant said to
have been procured without just
cause?
A: A search warrant is said to have
been procured without just cause
when it appears on the face of the
affidavits filed in support of the
application therefor, or through other
evidence, that the applicant have
every reason to believe that the
search warrant sought for was
unjustified.
Illustration
A peace officer wanted to verify a
report that some corpse was
unlawfully buried in a monastery.
Instead of stating to that effect , he
alleged in an affidavit that opium was
hidden in the premises . if no opium
was found , the officer is guilty under
this article.
SEARCHING DOMICILE WITOUT
WITNESSES (Art 130)
ARTICLE 130. Searching domicile
without witnesses. — The penalty of
arresto mayor in its medium and
maximum periods shall be imposed
upon a public officer or employee
who, in cases where a search is
proper, shall search the domicile,
papers or other belongings of any
person, in the absence of the latter,
any member of his family, or in their
default, without the presence of two
witnesses residing in the same locality.
Section Three. — Prohibition,
interruption and dissolution of
peaceful meetings
Q: What are the elements of this
crime?
A:
• That the offender is a public
officer or employee
• That he is armed with search
warrant legally procured
• That he searches the domicile,
papers or other belongings of any
person.
• That the owner or any member
of his family, or two witnesses residing
in the same locality is not present.
Note: In crimes under art 129 and 130
the search is made by virtue of a valid
warrant, but the warrant
notwithstanding, the liability for the
crime is still incurred through the
fallowing situations:
• Search warrant was irregularly
obtained
• The officer exceeded his
authority under the warrant
• When the public officer employs
unnecessary or excessive severity in
the implementation of search warrant.
• Owner of dwelling or any
member of the family was absent, or
two witnesses residing within the same
locality were not present during the
search.
Q: When is a search warrant
considered illegally obtained?
A: When a search warrant was
procured without a probable cause?
Q: Suppose, X, a suspected pusher
lives in a condominium unit. Agents of
the PDEA obtained a search warrant
but the name of person in the search
warrant did not tally with the address
indicated therein. Eventually, X,
resisted but the agent insisted on the
search. Drugs were found and seized
and x was prosecuted and convicted
by the trial court. Is the search valid?
A: No, because the public officer is
required to follow the search warrant
to the letter they have no discretion on
the matter.
Q: Compare art 128 with art 129 and
130.
A:
ARTICLE 128 ARTICLE 129 AND 130
The public officer is not armed with a
warrant. The public officer is
armed with a warrant but it was
maliciously obtained or even if it was
issued regularly, there was abuse in
the implementation thereof.

PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING
(Art 131)
ARTICLE 131. Prohibition, interruption
and dissolution of peaceful meetings.
— The penalty of prision correccional
in its minimum period shall be
imposed upon any public officer or
employee who, without legal ground,
shall prohibit or interrupt the holding of
a peaceful meeting, or shall dissolve
the same.
The same penalty shall be imposed
upon a public officer or employee
who shall hinder any person from
joining any lawful association or from
attending any of its meetings.
The same penalty shall be imposed
upon any public officer or employee
who shall prohibit or hinder any person
from addressing, either alone or
together with others, any petition to
the authorities for the correction of
abuses or redress of grievances.
Section Four. — Crimes against
religious worship
Q: What are the acts punished in
connection with peaceful meetings,
associations, and petition?
A:
• By prohibiting or by interrupting,
without legal ground the holding of
peaceful meeting or by dissolving the
same.
• By hindering any person from
joining any lawful association or from
attending any of its meeting
• By prohibiting or hindering any
person from addressing, either alone
or together with others, any petition to
the authorities for the correction of
abuses or redress of grievances.
Illustration of no. 1
The chief of police who ordered the
speaker in a public meeting of the
iglesia ni cristo, then attacking the
catholic and Aglipayan churches, to
stop and fired two shots in the air
which dispersed he crowd and
stopped the meeting is liable under
Art 131.
Q: What are the elements common to
the three acts punishable?
A:
• Offender is a public officer
• He performs any of the act
mentioned above
Q: Can a private individual commit
this crime?
A: No, only a public officer or
employee can commit this crime. If
the offender is a private individual, the
crime is disturbance of public defined
in Art 153.
Q: To be held liable under Art. 13, is it
necessary that the offender be a
stranger, not a participant of the
meetings that has been interrupted
and dissolved?
A: Yes, if the offender is participant of
the meeting .he is liable for unjust
vexation.
Note: Interrupting and dissolving the
meeting of municipal council by a
public officer is crime against
legislative body not punished under
art 131 but under art 143 9 (act
tending to prevent the meeting of the
assembly and similar bodies) and art
144 (disturbance of proceedings)
Q: Is the right to peaceably assembly
absolute?
A: No, the right to peaceably
assembly is not absolute. It may be
regulated in order that it may not be
injurious to the equal enjoyment of
others having equal rights nor injuries
to the right of community or society.
Q: In requiring a permit before any
meeting or assembly is held. Can it be
construed as preventing peaceful
assemblies?
A: No, the permit requirement shall be
in exercise only of the government’s
regulatory powers and not really to
prevent peaceful assemblies. This
requirement is legal as long as it is not
being exercised as a prohibitory
power.
Q: If the qualifications for the permit to
peaceably assemble are arbitrarily
denied, what crime is committed?
A: The crime committed is prohibition
to peaceably assemble in
accordance with Art 131.
Q: Suppose, the officer would not give
the permit unless the meeting is held
in a particular place which he dictates
and such place defeats the exercise
of the right of peaceably assemble is
Art 131 violated.
A: Yes.
Q: What are the distinction between
prohibition, interruption, or dissolution
of peaceful meetings under article
131, and tumults and other
disturbances, under article 153?
A:
PID of Peaceful Assemblies (Art. 131)
Tumults and other Disturbances
(Art. 153)
The public officer is not a participant.
As far as the gathering is concerned,
the public officer is a third party.
The public officer is a
participant of the assembly.
The offender must be a public officer.
The offender need not be in
public office.
SECTION FOUR – CRIMES AGAINST
RELIGIOUS WORSHIP
Q: What are crimes against religious
worship?
A: They are:
• Interruption of religious worship
• Offending religious feeling
Q: What are the elements of
interruption of religious worship?
A:
• That the offender is a public
officer or employee.
• That religious ceremonies or
manifestation of any religion are
about to take place
• That the offender prevents or
disturbs the same.
Illustration
1. In barrio chapel, a priest was ready
to say mass and a number of barrio
folks were there to hear mass. The
barrio lieutenant made an actual
threat on the life of the priest should
the latter persist in the intention to say
the mass. As a result the mass was not
celebrated. Held the barrio lieutenant
was guilty of a violation of Art 132.
2. The reading of some verses out of
the bible in a private house by a
group of 10 to 20 persons, adherents of
Methodist church, is a religious
service. The reason for this ruling is that
there is no provision of law which
requires religious service to be
conducted in approved orthodox style
in order to merit its protection against
interference and disturbance.
Q: What circumstances qualifying the
offense?
A: If the crime is committed with
violence or threat.
OFFENDING THE RELIGIOUS FEELING
(Art 133)
ARTICLE 133. Offending the religious
feelings. — The penalty of arresto
mayor in its maximum period to
prision correccional in its minimum
period shall be imposed upon anyone
who, in a place devoted to religious
worship or during the celebration of
any religious ceremony shall perform
acts notoriously offensive to the
feelings of the faithful.
Q: What are the elements of offending
religious feeling?
A:
• That the acts complaint of were
performed (1) in a place devoted to
religious worship or (2) during
celebration of any religious
ceremony.
• That act must be notoriously
offensive to the feeling of the faithful.
Illustrations
• Throwing stone at the minister of
the iglesia ni cristo who was preaching
or spreading his beliefs before a
crowd notoriously offended the
religious feeling of the minister and of
members of the iglesia ni cristo who
witness the incident.
• Remarks that those who believe
that Christ is God are Anti-Christ,
which all the members of Roman
Catholic Church are marked by the
Demon and that Pope is commander
of Satan are notoriously offensive to
the feeling of the faithful.
Note: – the construction of fence in
front of the chapel, even those
irritating and vexatious to those
present in pabasa, is not notoriously
offensive to the feeling of the faithful.
The crime committed is only unjust
vexations.
Q: What are the religious ceremony
covered by article 132 and 133?
A: A religious ceremonies are those
religious acts performed outside of a
church, such as procession and
special prayers for burying dead
person.
Q: What is an act considered
notoriously offensive?
A: when the act is directly directed to
religious practice or dogma or ritual
for the purpose ridicule, as mocking or
scoffing at or attempting to damage
an object or religious veneration.
Q: May the crime be committed by a
public officer or a private individual?
A: Yes
Note: Offense of feeling is judged from
complainant’s point of view. There
must be deliberate feeling to judge
the feeling of the faithful.
TITLE THREE
CRIMES AGAINST PUBLIC ORDER
CHAPTER ONE:
REBELLION, COUP D ETAT, SEDITION
AND DISLOYALTY
REBELLION /INSURRECTION (Art 134)
Q: What are the elements of this
crime?
A:
• That there be (a) public uprising
(b) taking arms against the
government.
• That the purpose of the uprising
or movement is either
• To remove from the allegiance
to sad government or its laws:
o The territory of the Philippines or
any part thereof
o Anybody of land, naval or other
armed forces or
• To deprived the chief executive
or congress, wholly or partially of any
of their powers or prerogatives.
Q: Are the terms rebellion and
insurrection synonymous?
A: No, the term rebellion is more
frequently used where the object of
the movement is completely to
overthrow or supersede the existing
Government, while insurrection is
more frequently employed in
reference to a movement which seek
merely to effect some change of
minor importance, or to prevent the
exercise of governmental authority
with respect to particular matter or
subjects.
Q: What is the essence of the crime of
rebellion?
A: The essence of rebellion is public
uprising and the taking up of arms. It
aims to overthrow the duly constituted
government. It is generally carried out
by civilian.
Q: What is the nature of the crime of
rebellion?
A: Rebellion is a crime of the masses it
requires multitude of people .it is a
vast movement of men and a
complete network of intrigues and
plots.
Q: Who are liable for rebellion?
A: The people liable for rebellion are
the leaders and followers.
Illustration
 of governmental authority with respect
The acts of the accused who is not to particular matters of subjects.
member of hukbalahap organization
of sending cigarettes and food Q: What are the distinction between
supplies to huk leader; the changing rebellion and sedition?
of dollar into pesos for a top level
communist ; and helping of Huks in A:
opening accounts with the banks of Rebellion Sedition
which he was an official do not There must be taking up of arms
constitute rebellion (carino vs people against the government. It is sufficient
et all 7 SCRA 900) that the public uprising be tumultuous.
Purpose is always political, that is, to
In one case, accused not only overthrow the government.
confessed his membership with the Purpose may be political or
Sparrow unit but also his participation social, that is, merely to go against the
and that of his group in the killing of established government not to
the policemen Manatad while the overthrow it.
later was manning the traffic in
Mandaue City in the afternoon of Q: What are the distinction between
August 4 , 1987. It is of judicial notice rebellion and treason?
that the sparrow Unit is a liquidation
squad of the new people’s army with A:
the objective of overthrowing the duly
constituted government. It is therefore Rebellion Treason
not hard to comprehend that the The uprising is against the
killing of PFC Manatad was committed government. The levying of war is
as a means to or furtherance of the done to aid the enemy.
subversive ends of the NPA. The crime The purpose is to substitute the existing
committed is rebellion and not murder government with another. The
with direct assault. (People vs Dasig purpose is to deliver the government
221 SCRA 549) to the enemy.
Q: What are the distinction between
Q: What is the difference between rebellion and subversion?
rebellion and insurrection?
A:
A:
Rebellion Insurrection Rebellion Subversion
The object of the movement is Crime against public order. Crime
completely to overthrow and against national security.
supersede the existing government. There must be public uprising to
The movement seeks merely to overthrow the government. Being
effect some change of minor officers and ranking members of
importance, or to prevent the exercise subversive groups constitute
subversion.

COUP D’ ETAT (Art 134-A)
ARTICLE 134-A. Coup d'etat; How
committed. — The crime of coup
d'etat is a swift attack accompanied
by violence, intimidation, threat,
strategy or stealth, directed against
duly constituted authorities of the
Republic of the Philippines, or any
military camp or installation,
communications network, public
utilities or other facilities needed for
the exercise and continued
possession of power, singly or
simultaneously carried out anywhere
in the Philippines by any person or
persons, belonging to the military or
police or holding any public office of
employment with or without civilian
support or participation for the
purpose of seizing or diminishing state
power. (As amended by R.A. 6968).
Q: What are the elements of this
crime?
A:
• Offender is a person or persons
belonging to the military or police or
holding any public office or
employment.
• It is committed by means of a
swift attack accompanied by
violence, intimidation, threat, strategy
or stealth.
• Attack is directed against duly
constituted authorities of the republic
of the Philippines or any military camp
or installation communication
network, public utilities or other
facilities needed for the exercise and
continued possession of power.
• Purpose of the attack is to seize
or diminish state power.
Q: What is the essence of the crime of
coup d’état?
A: The essence of the crime is a swift
attack upon the facilities of the
Philippine Government, military camps
and installation, communication
network, public utilities and facilities
essential to the continued possession
of Governmental powers.
Q: What is the objective of coup
d’état?
A: The objective of coup d’état is to
destabilized or paralyze the
Government through the seizure of
facilities and utilities essential to the
continued possession and exercise of
Governmental powers.
Q: How is coup d’état carried out?
A: It may be carried by force or
violence or through stealth, threat or
strategy.
Q: Who are the principal offender of
coup d’état?
A: The principal offenders are
members of the AFP or of the PNP
organization or a public officer with or
without civilian support.
Q: Who are the people liable for
rebellion, insurrection or coup d’état?
A:
• Leaders;
• Any person who promotes,
maintain, or heads a rebellion or
insurrection; or
• Any person who leads, directs
or commands others to undertake a
coup d’état.
Note: in coup d’état when leader is
unknown , any person who in fact
directed the others ,spoke for them
signed receipt and other document
issued in their name, or performed
similar acts , on behalf of the group
shall be deemed the leader of said
coup d’état (Art 135 RPC)
• Participants
o Any person who participates or
executes the commands of others in
rebellion or insurrection.
o Any person in the Government
service who participates or executes
directions or commands of others in
undertaking a coup d’état.
o Any person not in the
Government service who participates,
supports, finances, abets, or aids in
undertaking a coup d’état.
Note: The crime of coup d’état may
be committed with or without civilian
support.
Q: What are the differences between
coup d’état and rebellion?
A:
Coup d’état Rebellion
Essence is a swift attack against the
government, its military camps or
installations, communication network
and public facilities and utilities
essential to the continued exercise of
governmental powers. Essence of
the crime is public uprising and taking
up arms against the government.
May be carried out singly or
simultaneously. Requires a public
uprising, or a multitude of people.
Principal offenders must be members
of the military, national police or
public officer, with or without civilian
support. Offenders need not be
committed by the uniformed
personnel of the military or the police
The purpose is merely to paralyze the
existing government. The purpose
is to overthrow the existing
government.
PENALTY FOR REBELLION OR
INSURRECTION
OR COUP D’ETAT (Art 135)
Q: Who are the person liable for
rebellion, insurrection or coup d’état?
A: 1. The leaders-
• Any person who promotes,
maintains, or heads a rebellion or
insurrection.
• Any person who leads, directs
or commands others to undertake a
coup d’état.
2. The participants-
• Any person who participates or
executes the commands of others in
rebellion or insurrection.
• Any person in the government
service who participates or executes
directions or commands of others in
undertaking a coup d’état.
• Any person not in the
government service who participates,
supports, finances, abets or aids in
undertaking a coup d’état.

Q: Who shall be deemed the leader of
the rebellion, insurrection or coup
d’état in case he is unknown?
A: Any person who in fact:
• Directed others
• Spoke for them
• Signed receipt and other
documents issued in their name.
• Performed similar acts on behalf
of the rebels.
Q: What are political crimes?
A: In contrast to common crimes, are
those directly aimed against the
political order, as well as such
common crimes as may be
committed to achieve a political
purpose. The decisive factor is the
intent or the motive.
Note: Killing robbing etc. for the
purpose of profit without any political
motivation would be separately
punished would not be absorbed in
the rebellion
People vs. Geronimo, ET all G.R. NO
176268, March 10, 2008)
CONSPIRACY AND PORPOSAL TO
COMMIT REBELLION OR
INSURRECTION (Art 136)
ARTICLE 136. Conspiracy and proposal
to commit coup d’état, rebellion or
insurrection. — The conspiracy and
proposal to commit coup d’état shall
be punished by prision mayor in
minimum period and a fine which shall
not exceed eight thousand pesos
(P8,000.00).
The conspiracy and proposal to
commit rebellion or insurrection shall
be punished respectively, by prision
correccional in its maximum period
and a fine which shall not exceed five
thousand pesos (P5,000.00) and by
prision correccional in its medium
period and a fine not exceeding two
thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved
October 24, 1990).
Q: When can there be conspiracy to
commit rebellion?
A: There is conspiracy to commit
rebellion when two or more persons
come to an agreement to rise publicly
and take arm against the government
foe any of the purpose of rebellion
and decide to commit it .
Q: When can there be proposal to
commit rebellion?
A: There is proposal to commit
rebellion when the person who has
decided to rise publicly and take arms
against the government for any of the
purpose of rebellion proposes its
execution to some other person or
persons.
Q: Is advocacy to communism
tantamount to conspiracy to commit
rebellion?
A: No mere advocacy of theory or
principle is insufficient to constitute
conspiracy to commit rebellion unless
the advocacy is converted into
action.
Note this is an instance where the law
punishes preparatory act.
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
(Art 137)
Art. 137. Disloyalty of public officers or
employees. — The penalty of prision
correccional in its minimum period
shall be imposed upon public officers
or employees who have failed to resist
a rebellion by all the means in their
power, or shall continue to discharge
the duties of their offices under the
control of the rebels or shall accept
appointment to office under
them.(Reinstated by E.O. No. 187).
Q: What are the punishable acts in the
crime of disloyalty of public
officers/employees?
A:
• Failing to resist a rebellion by all
the means in their power.
• Continuing to discharge the
duties of their office under the control
of the rebels.
• Accepting appointment to
office under them.
Note: Crime of disloyalty of public
officers presupposes the existence of
rebellion by other persons.
The offender must be a public officer
or employee
Offenders must not be in conspiracy
with the rebels otherwise, the crime
they commit is rebellion.
INCITING TO REBELLION OR
INSURRECTION (Art 138)
Art. 138. Inciting a rebellion or
insurrection. — The penalty of prision
mayor in its minimum period shall be
imposed upon any person who,
without taking arms or being in open
hostility against the Government, shall
incite others to the execution of any of
the acts specified in article 134 of this
Code, by means of speeches,
proclamations, writings, emblems,
banners or other representations
tending to the same end. (Reinstated
by E.O. No. 187).
Q: What are the elements of the crime
of inciting to rebellion/insurrection?
A:
• That the offender does not take
the arms or is not in open hostility
against the government.
• That he incites others to the
execution of any of the act of
rebellion.
• That the inciting is done by
means of speeches, proclamations,
emblems, writings ,banners or other
representations tending to the same
ends (spewbo)
Q: What is the difference between
inciting to rebellion and proposal to
commit rebellion?
A:
Inciting To Rebellion Proposal to
commit Rebellion
It is not required that the offender has
decided to commit rebellion. The
person who proposes has decided to
commit rebellion.
The act of inciting is done publicly.
The person who proposes the
execution of the crime uses secret
means.
The offender induces another to
commit rebellion.
The crime of rebellion should not be
actually committed by the persons to
whom it is proposed or who are
incited. If they commit rebellion
because of the proposal or inciting,
the proponent or the one inciting may
become a principal by inducement in
the crime of rebellion.
SEDITION (Art 139)
Art. 139. Sedition; How committed. —
The crime of sedition is committed by
persons who rise publicly and
tumultuously in order to attain by
force, intimidation, or by other means
outside of legal methods, any of the
following objects:
1. To prevent the promulgation or
execution of any law or the holding of
any popular election;
2. To prevent the National
Government, or any provincial or
municipal government or any public
officer thereof from freely exercising its
or his functions, or prevent the
execution of any administrative order;
3. To inflict any act of hate or revenge
upon the person or property of any
public officer or employee;
4. To commit, for any political or social
end, any act of hate or revenge
against private persons or any social
class; and
5. To despoil, for any political or social
end, any person, municipality or
province, or the National Government
(or the Government of the United
States), of all its property or any part
thereof.
Q: What are the elements of the crime
of sedition?
A:
• That the offender rise;
o Publicly; and
o Tumultuously;
• That they employ force,
intimidation, other means outside of
legal methods;
• That the offenders employ any
of those means to attain any of the
following objects;
a. To prevent the promulgation or
execution of any law or the holding of
the popular election;
b. To prevent the government or
any public officer from freely
exercising it’s his function or prevent
the execution of any administrative
order;
c. To inflict any act of hate or
revenge upon the person or property
of any public officer or employee;
d. To commit for any political or
social end any act of hate or revenge
against private person or any social
class;
e. To despoil from any political or
social end any person or the
government of all its property or any
part thereof.
Q: Does the crime of sedition the
crime of sedition contemplate rising
up of arms against the government?
A: No, the purpose of the offenders in
rising publicly is merely create
commotion and disturbance by way
of protest to express their dissent and
disobedience to the government or to
the authorities concerned.
Note: The objective of sedition is not
always against the government its
property or officer. It could be against
a private person or a social class.
Q: What is the difference between
sedition and rebellion?
A:
Rebellion Sedition
There must be taking up of arms
against the government. It is sufficient
that the public uprising be tumultuous.
Purpose is always political, that is, to
overthrow the government.
Purpose may be political or
social, that is, merely to go against the
established government not to
overthrow it.
Q: What is difference between Sedition
and Treason?
A:
Treason Sedition
Violation by a subject of his
allegiance to his sovereign or country.
Raising of commotions or
disturbances in a state.
Requires a state of war with another
country. Conflict is merely internal.
Q: What are tumultuous act?
A: Acts are considered to be
tumultuous if caused by more than
three persons who are armed or
provided with the means of violence.
Q: What differentiates sedition from the
crime of tumult and other disturbance
of public order?
A:
Sedition Tumult and Other
Disturbance of Public Order
Sedition involves disturbance of public
order resulting from a tumultuous
uprising. There is no public uprising.
Q: Is there a crime of complex crime
of sedition with murder?
A: There is none.
Q: Suppose murder is committed in
the course of sedition can the murder
be absorbed in the crime of sedition?
A: No, murder cannot be absorbed in
sedition .if murder is committed it shall
be treated as separate crime.
CONSPIRACY TO COMMIT SEDITION
(Art 141)
Art. 141. Conspiracy to commit
sedition. — Persons conspiring to
commit the crime of sedition shall be
punished by prision correccional in its
medium period and a fine not
exceeding 2,000 pesos. (Reinstated by
E.O. No. 187).
Q: Is there a crime of proposal to
commit sedition?
A: There is none only conspiracy to
commit sedition is punishable and not
proposal to commit sedition.
Note: There must be an agreement
both to attain an object of sedition
and to rise publicly and tumultuously.
INCITING TO SEDITION
(Art 142)
Q: What are the punishable acts in the
crime of inciting to sedition?
A:
• Inciting others to the
accomplishment of the any of the acts
which constitute sedition by means of
speeches. Proclamation, emblems,
writing. Etc.
• Uttering seditious word or
speeches which tend to disturb the
public peace.
• Writing, publishing or circulating
scurrilous libel against the
Government or duly constituted
authorities thereof, which tend to
disturb the public peace.
Q: What does scurrilous means?
A: Scurrilous means vulgar, mean, foul
Q: What are the elements of acts no 1?
A:
• That the offender does not take
direct part in the crime of sedition.
• That he incites other to the
accomplishment of any of the acts
which constitute sedition
• That the inciting is done by
means of speeches, proclamation,
writings, emblems, cartoons, banners,
or other representation tending to the
same end.
Q: When are uttering seditious words/
speeches and writing, publishing or
circulating scurrilous libels
punishable?
A: such are seditious when:
• They tend to disturb or obstruct
any lawful officer in executing the
function of the office.
• They tend to instigate others to
cabal and meet together for unlawful
purposes.
• They suggest or incite rebellious
conspiracies or riots
• They lead or tend to stir up the
people against the lawful authorities or
disturb the peace of the community,
and the safety and order of the
Government.
Note: In inciting to sedition, the
offender must not take part in any
public or tumultuous uprising.
Scurrilous libel against the
Government is punishable as inciting
to sedition.
Q: What are the two rules relative to
seditious words?
A:
• Clear and present danger rule-
words must be of such nature that by
uttering them there is a danger of a
public uprising and that such danger
should be both clear and imminent.
• Dangerous tendency rule- if
words used tend to create a danger of
public then those words could
properly be the subject of a penal
clause.
Q: Which of the above rules is
adopted in the Philippine Jurisdiction?
A: It is the dangerous tendency rule
that is generally adopted in the
Philippines with respect to seditious
cases. It is enough that the words used
may tend to create danger of public
uprising.
Q: What are some of the instances of
inciting to sedition?
A:
• Meeting for the purpose of
discussing hatred against the
Government.
• Lambasting Government official
to discredit the Government.
Q: Supposed the objective of the
abovementioned acts is to overthrow
the Government. What is the crime
committed?
A: The crime would be inciting to
sedition.
CHAPTER TWO:
CRIMES AGAINST POPULAR
REPRESENTATION
ACTS TENDING TO PREVENT THE
MEETING
OF THE ASSEMBLY AND SIMILAR BODIES
(Art 143)
Art. 143. Act tending to prevent the
meeting of the Assembly and similar
bodies. — The penalty of prision
correccional or a fine ranging from
200 to 2,000 pesos, or both, shall be
imposed upon any person who, by
force or fraud, prevents the meeting of
the National Assembly (Congress of
the Philippines) or of any of its
committees or subcommittees,
constitutional commissions or
committees or divisions thereof, or of
any provincial board or city or
municipal council or board.
(Reinstated by E.O. No. 187).
Q: What are the elements of this
crime?
A:
• That there be a projected and
actual meeting of the National
Assembly or any of its committees or
subcommittees, constitutional
commission or committees or division
thereof, or of any Provincial board or
city or Municipal council or board.
• That the offenders, who may be
any person, prevent such meeting by
force or fraud.
Illustration
Chief of police and mayor who
prevented the meeting of municipal
council are liable under Art 143, when
the defect of the meeting is not
manifest and requires an investigation
before its existence can be determine.
DISTURBANCE OF PROCEEDING Art
(144)
Art. 144. Disturbance of proceedings.
— The penalty of arresto mayor or a
fine from 200 to 1,000 pesos shall be
imposed upon any person who
disturbs the meetings of the National
Assembly (Congress of the Philippines)
or of any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or of any provincial
board or city or municipal council or
board, or in the presence of any such
bodies should behave in such manner
as to interrupt its proceedings or to
impair the respect due it. (Reinstated
by E.O. No. 187). 2. Arresting or searching any
Section Two. — Violation of member thereof while the congress is
parliamentary immunity in regular or special session.

Q: What are the elements of this Q: What is session?

crime?
A:
• That there be a meeting of
congress or any of its committees or
subcommittees, constitutional
commission, or committees or division
thereof, or any provincial board or city
or municipal council or board.
• That the offender does any of
the following acts.
o He disturbs any of such meeting;
o He behaves while in the
presence of any such bodies in such a
manner as to interrupt its proceeding
or to impair the respect due it.
Note: Disturbance created by
participant in the meeting is not
covered by Art 144.
VIOLATION OF PARLIAMENTARY
IMMUNITY
(Art 145)
Q: What are the punishable acts in
violation of Parliamentary Immunity?
A:
1. Using force, intimidation threats
or fraud to prevent any member of the
congress from.
• Attending the meeting of the
congress or any of its committees or
subcommittee’s constitutional
commission or committees.
• Expressing his opinion or.
• Casting his vote.
A: It refers to the entire period from its
initial convening until its final
adjournment.
Note: The offender in par. 1 may be
any person.
Parliamentary immunity does not
protect the member of the congress
from responsibility before the
legislative body itself.
The 1987 constitution exempts
member of the congress from arrest,
while the congress is in session, for all
offenses punishable by a penalty less
than prision mayor.
CHAPTER THREE:
ILLIGAL ASSEMBLIES AN ASSOCIATION
ILLIGAL ASSEMBLIES (Art 146)
Art. 146. Illegal assemblies. — The
penalty of prision correccional in its
maximum period to prision mayor in
its medium period shall be imposed
upon the organizers or leaders of any
meeting attended by armed persons
for the purpose of committing any of
the crimes punishable under this
Code, or of any meeting in which the
audience is incited to the commission
of the crime of treason, rebellion or
insurrection, sedition or assault upon a
person in authority or his agents.
Persons merely present at such
meeting shall suffer the penalty of
arresto mayor, unless they are armed,
in which case the penalty shall be
prision correccional.
If any person present at the meeting
carries an unlicensed firearm, it shall
be presumed that the purpose of said
meeting, insofar as he is concerned, is
to commit acts punishable under this
Code, and he shall be considered a
leader or organizer of the meeting
within the purview of the preceding
paragraph.
As used in this article, the word
"meeting" shall be understood to
include a gathering or group, whether
in a fixed place or moving. (Reinstated
by E.O. No. 187).
Q: What are the forms of illegal
assemblies?
A:
1. Any meeting attended by
armed persons for the purpose of
committing any of the crime
punishable under the code.
2. Any meeting in which the
audience, whether armed or not, is
incited to the commission of the crime
of treason, rebellion or insurrection,
sedition, or assault upon a person in
authority or his agents.
Note: It is necessary that the audience
is actually incited.
Q: Should persons merely present at
the meeting have a common intent to
commit the felony of illegal assembly?
A: Yes, absence of such intent may
exempt the person present from
criminal liability.
Note: The word arm in this article is not
limited to firearm .However, if a person
present carries unlicensed firearm the
presumption , insofar as he is
concerned , is that the purpose of the
meeting is to commit acts punishable
under this code , and that he is the
leader or organizer of the meeting.
Q: Suppose in the meeting, the
audience is incited to the commission
of rebellion or sedition, what is the
criminal liability of the leaders,
organizer thereof and the person
present therein.
A: The leaders or organizers of the
meeting and the person present
therein are liable for the crime of
illegal assembly.
Q: What is the criminal liability of the
person inciting them?
A: The person inciting is liable for the
crime of inciting to rebellion or
sedition
Q: What are the elements of the first
form of illegal assembly?
A:
1. There is a meeting a gathering
or group of persons, whether in fixed
place or moving.
2. The meeting is attended by
armed person.
3. The purpose of the meeting is to
commit any of the crimes punishable
under the code.
Note: In the first form of illegal
assembly, armed men attend the
gathering with the purpose of
committing any of the crimes
punishable under the RPC. The
presence of armed men during the
gathering brings about the crime of
illegal assembly.
Q: What are the elements of second
form of illegal assembly?
A:
3. There is a meeting, gathering or
group of persons, whether in a fixed
place or moving.
4. The audience whether armed or
not, is incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct assault.
Note: In this second form of illegal
assembly, armed men may or may
not attend the meeting but person in
the meeting are incited to the
commission of the crime of treason,
rebellion or insurrection sedition or
direct assault.
When the illegal purpose of the
gathering is to incite people to
commit the crimes mentioned above,
the presence of armed men is
unnecessary. The mere gathering for
the purpose is sufficient to bring about
the crime already.
Q: What is the gravamen of illegal
assembly?
A: The gravamen of illegal assembly is
mere assembly of or gathering of
people for illegal purpose punishable
by the revised penal code. Without
gathering there is no illegal assembly.
Q: Supposed the illegal purpose for
the gathering is for the commission of
a crime punishable under special law
(i.e. the gathering of drug lord to
facilitate drug trafficking) is illegal
assembly committed.
A: No, if unlawful purpose is a crime
under special law, there is no illegal
assembly. The crime committed would
be illegal association.
ILLIGAL ASSOCIATION (Art 147)
Art. 147. Illegal associations. — The
penalty of prision correccional in its
minimum and medium periods and a
fine not exceeding 1,000 pesos shall
be imposed upon the founders,
directors, and presidents of
associations totally or partially
organized for the purpose of
committing any of the crimes
punishable under this Code or for
some purpose contrary to public
morals. Mere members of said
associations shall suffer the penalty of
arresto mayor. (Reinstated by E.O. No.
187).
Q: What are illegal associations?
A: They are:
1. Association totally or partially
organized for the purpose of
committing any of the crimes
punishable under the code.
2. Association totally or partially
organized for some purpose contrary
to public morals.
Q: What is a public moral?

A: Public moral refer to maters which
affect the interest of society and
public convenience and are not
limited to good customs. It refers to
act that are in accordance with
natural and positive law.
Q: Who are the persons liable for
illegal association?
A: The person liable is the following:
1. Founders, directors and
President of associations.
2. Mere members of association
Q: What are the distinction between
illegal assembly and illegal
association?
A:
Illegal Assembly Illegal Association
The basis of liability is the gathering for
an illegal purpose which constitutes a
crime under the RPC. The basis is
the formation of or organization of an
association to engage in an unlawful
purpose which is not limited to a
violation of the RPC.
Necessary that there is an actual
meeting or assembly. Not
necessary that there be an actual
meeting.
Meeting and attendance at such
meeting are the acts punished.
Act of forming or organizing and
membership in the association are the
acts of punished.
CHAPTER FOUR:
ASSAULT UPON, AND RESISTANCE AND
DISOBEDIENCE
TO PERSON IN AUTHORITY AND THEIR
AGENTS
DIRECT ASSAULT (Art148)
Art. 148. Direct assaults. — Any person
or persons who, without a public
uprising, shall employ force or
intimidation for the attainment of any
of the purpose enumerated in defining
the crimes of rebellion and sedition, or
shall attack, employ force, or seriously
intimidate or resist any person in
authority or any of his agents, while
engaged in the performance of
official duties, or on occasion of such
performance, shall suffer the penalty
of prision correccional in its medium
and maximum periods and a fine not
exceeding P1,000 pesos, when the
assault is committed with a weapon or
when the offender is a public officer or
employee, or when the offender lays
hands upon a person in authority. If
none of these circumstances be
present, the penalty of prision
correccional in its minimum period
and a fine not exceeding P500 pesos
shall be imposed.
Q: What are the two ways of
committing the crime of direct
assault?
A:
1. Without public uprising, by
employing force or intimidation for the
attainment of any of the purpose
enumerated in defining the crime of
rebellion and sedition.
Elements
a. That the offender employs force
or intimidation
b. That the aim of the offender is to
attain any of the purposes of the crime
of rebellion or any of the objects of
the crime of sedition
c. That there is no public uprising
Note: Offended party need not be a
person in authority or his agent he
may be a private individual if the
object is to attain an object of
sedition.
2. Without public uprising , by
attacking , by employing force or
seriously intimidating or by seriously
resisting any person in authority(PA) or
any of his agents (APA) while engage
in the performance of official duties or
on occasion of such performance.
Elements
1. That the offender makes an
attack, employs force, make serious
intimidation or make serious
resistance;
2. That the person assaulted is a
person in authority or his agent;
3. That at the time of the assault
the person in authority or his agent is
engaged in the actual performance of
official duties or that he is assaulted by
reason of his past performance of his
official duty;
4. That the offender knows that the
one he is assaulting is a person in
authority or his agent in the exercise of
his duties;
5. That there is no public uprising.
Note: In the second form, there is a
need to distinguish a situation where a
person in authority or his agent was
attacked while performing official
functions. From a situation when he is
not performing such functions.
If attack was done during the exercise
of official functions the crime is always
direct assault.
Illustrations
5. When the accused with his hand
or fist, hit a policeman who was in the
performance of duty , in the breast
and nothing more , no direct assault is
committed because if the victim is
only an agent of a person in authority ,
the employment of force must be
serious character to show defiance of
the law and its representative at all
hazards. However, if the victim is a
person in authority not a mere agent
the force necessary to constitute the
crime need not be serious. As the law
with respect to person in authority uses
the phrase lays hands upon a person
in authority.
6. Where a three American
soldiers asked a policeman if he
wanted to fight, and then. Without
waiting for a reply seized the latter by
the throat, threw him to the ground,
and struck him several blows with the
club which the accused, one of the
three soldiers, wrested from the
policeman, it was held that the
accused was guilty of the crime of
assaulting a peace officer.
7. Pointing a gun at a military
police captain whom as in the
performance of his duty constitutes
assault upon an agent of person in
authority because there is serious
intimidation.
8. In the course of a quarrel,
between A and B, the later called
Police and a policeman who went to
the scene saw B getting up .when the
policeman was about to arrest A, the
later said : don’t come near, because
I will take your life. As a policeman
was approaching, A struck him with a
knife but was not hit.
Q: What are considered as not in
actual performance of official duties?
A:
1. When the person in authority or
the agent of a person in authority
exceeds his powers or acts without
authority.
2. Unnecessary use of force or
violence
3. descended to matters which are
private in nature.
Q: Suppose the person in authority or
the agent was killed when no longer
performing official function, what
crime was committed?
A: The crime may simply be the
material consequence of the unlawful
act murder or homicide, as the case
may be.
Q: What is penalized in the crime of
direct assault?
A: The crime of direct assault punishes
the spirit of lawlessness and the
contempt or hatred for the authority or
the rule of law.
Q: Can the crime of direct assault be
complexed with the material
consequence of the unlawful act?
A: Yes as a rule, where the spirit of
contempt or lawlessness is present, it is
always complexed with the material
consequence of the unlawful act. If
the unlawful act was murder or
homicide committed under the
circumstances of lawlessness or
contempt of authority, the crime
would be direct assault with murder or
homicide as the case may be.
Illustration
Thus if A would attack a policeman
while engaged in the performance of
his duty that of maintaining peace
and order during a barangay fiesta,
the crime would be murder or
homicide with direct assault
depending on the presence of
qualifying circumstances in killing the
victim.
In one case, when the victim
intervened to prevent a violent
encounter between the accused and
the Ramos group. He was discharging
his duty as Barangay captain to
protect life and property and enforced
law and order in the barrio, thus, the
assault resulting in his death is
homicide with direct assault.
Note: Under Art 152 of the RPC and PD
299 .a barangay chairman is a person
in authority. Had only serious physical
injury been inflicted the crime would
be direct assault with serious physical
injuries. If the shot directed against a
public officer did not hit him but he is
actual performance of duty, the
offense is attempted homicide with
direct assault.
Q: What is the exception to the rule
above?
A: The only time when it is not
complexed is when material
consequence is light felony. That is
.slight physical injury because the said
injuries are considered as an incident
or consequence of the force or
violence employed .direct assault
absorbs the lighter felony.
Q: Who is considered an agent of
person in authority?
A: Any person who by direct provision
of law or by election or by
appointment by competent authority.
Is charged with the maintenance of
public order and the protection and
security of life and property, such as
barangay kagawad, barangay tanod,
barangay leader and any person who
comes to the aid of person in
authority?
Q: Who are deemed person in
authority?
A: Teachers, professors and person
charged with the supervision of public
or duly recognize private schools,
colleges and universities and lawyers
in the actual performance of their
duties or on occasion of such
performance shall be deemed a
person in authority.
Q: Is it important that the offender
knows that the person he is attacking
is a person in authority?
A: No it is enough that the offender
should know that the offended party
was exercising some form of authority.
It is not necessary that the offender
knows what is meant by person in
authority.
Q: What kind of force is required to be
employed to constitute direct assault?
A: The force must be serious and must
be of such character as to show
contempt of authority casual force
which usually accompanies
resistance or disobedience to
authorities is not sufficient.
Q: When is it important to ascertain the
motive for the assault?
A: If the assault took place when the
offended party was not engaged in
the performance of his official duties
because in this case .it must be shown
that the assault was committed by
reason of past performance of official
duties.
Q: What does on the occasion of such
performance means?
A: The phrase on occasion of such
performance means the impelling
motive of the attack is the
performance of official duty.
Note: For the crime to be direct assault
the attack must be by reason of his
official function in the past.
Q: When is direct assault qualified?
A:
1. When the assault is committed
with a weapon;
2. When the offender is a public
officer or employee;
3. When the offender laid hand
upon a person in authority.
Q: Because of the approaching town
fiesta in San Miguel Bulacan , a dance
was held in barangay carnias. A, the
barangay captain was invited to
deliver a speech to start the dance.
while A was delivering his speech, B,
one of the guests, went into the middle
of the dance floor making obscene
dance movements, brandishing a
knife and challenging everyone to a
fight . A approach B and admonished
him to keep quiet and not to disturb
the dance and peace of the
occasion. B, instead of heeding the
advice of A, stabbed the latter at his
back twice when A turned his back to
proceed to microphone to continue
his speech. A fell to the ground and
died. At the time of the incident A was
not armed. What crime was
committed explain?
A: The complex crime of direct assault
with murder was committed. A, as a
barangay captain is a person in
authority and was acting in an official
capacity when he tried to maintain
peace and order during the public
dance in the barangay by
admonishing B to keep quiet and not
to disturb the dance and peace of the
occasion. When B, instead of heeding
A’s advice attacked the latter, B acted
in contempt and lawless defiance of
authority constituting direct assault.
Which characterized the stabbing of
A. since A was stabbed at the back
when he was not in a position to
neither defend him nor retaliate. There
was treachery in the stabbing. Hence,
the death cause by such stabbing was
murder and having been committed
with direct assault, a complex crime of
direct assault with murder was
committed
By B.
INDIRECT ASSAULTS (Art 149)
Art. 149. Indirect assaults. — The
penalty of prision correccional in its
minimum and medium periods and a
fine not exceeding P500 pesos shall
be imposed upon any person who
shall make use of force or intimidation
upon any person coming to the aid of
the authorities or their agents on
occasion of the commission of any of
the crimes defined in the next
preceding article.
Q: What are the elements of indirect
assault?
A:
1. Person in authority or his agent is
the victim of any forms of direct
assault.
2. Person comes to the aid of such
authority or his agent.
3. Offender makes use of force or
intimidation upon such person coming
to the aid of the authority or his agent.
Q: To whom is the assault directed in
the crime of indirect assault?
A: The assault is upon a person who
comes to in aid of the person in
authority or his agent. In other words,
the victim in the crime of indirect
assault is not the person in authority or
his agent but the person who comes in
the aid of person in authority or his
agent.
Q: What brings about the crime of
indirect assault?
A: Indirect assault comes about only
when direct assault is committed in
other words .there can be no indirect
assault when there is no direct assault.
Note: Artcle 152, as amended, when
any person comes in aid of a person
in authority said person at that
moment is no longer a civilian – he is
constituted as an agent of the person
in authority if such person were the
one attacked , by employing violence
against him of serious nature
/character .the crime would be direct
assault.
As Art 149 now stands .the crime of
indirect assault can only be
committed if a private person who
comes in the aid of an agent of person
in authority on the occasion of direct
assault against the latter, is assaulted
.he does not become another agent
of person in authority.
DISOBEDIENCE TO SUMMONS ISSUED
BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES BY
THE CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS.
(Art. 150)
Art. 150. Disobedience to summons
issued by the National Assembly, its
committees or subcommittees, by the
Constitutional Commissions, its
committees, subcommittees or
divisions. — The penalty of arresto
mayor or a fine ranging from two
hundred to one thousand pesos, or
both such fine and imprisonment shall
be imposed upon any person who,
having been duly summoned to
attend as a witness before the
National Assembly, (Congress), its
special or standing committees and
subcommittees, the Constitutional
Commissions and its committees,
subcommittees, or divisions, or before
any commission or committee
chairman or member authorized to
summon witnesses, refuses, without
legal excuse, to obey such summons,
or being present before any such
legislative or constitutional body or
official, refuses to be sworn or placed
under affirmation or to answer any
legal inquiry or to produce any books,
papers, documents, or records in his
possession, when required by them to
do so in the exercise of their functions.
The same penalty shall be imposed
upon any person who shall restrain
another from attending as a witness, or
who shall induce disobedience to a
summon or refusal to be sworn by any
such body or official.
Q: What are the punishable acts?
A:
9. Refusing without legal excuse,
to obey summons of congress, or any
commission or committee chairman or
member authorized to summon
witnesses.
10. Refusing to be sworn or placed
under affirmation while before such
legislative or constitutional body or
official.
11. Refusing to answer any legal Art. 151. Resistance and disobedience
inquiry or to produce any books , to a person in authority or the agents
paper, documents or record in his of such person. — The penalty of
possession when required by them to arresto mayor and a fine not
do so in the exercise of their function; exceeding 500 pesos shall be
12. Restraining another from imposed upon any person who not
attending as a witness in such being included in the provisions of the
legislative or constitutional body. preceding articles shall resist or
13. Inducing disobedience to seriously disobey any person in
summons or refusal to be sworn by authority, or the agents of such
any such body or official. person, while engaged in the
performance of official duties.
Q: Who are the persons liable under When the disobedience to an agent of
Art 150? a person in authority is not of a serious
nature, the penalty of arresto menor or
A: a fine ranging from 10 to P100 pesos
1. Any person who commit any of shall be imposed upon the offender.
the above acts
2. Any person who: RESISTANCE AND SERIOUS
a. Restrains another from attending DISOBEDIENCE
as a witness
b. Induces him to disobey a Q: What are the elements of this
summons crime?
c. Induces him to refuse to be
sworn to such body A:
Note: Any of the acts enumerated 1. Person n authority or hi agent is
may also constitute contempt of engaged in the performance of
congress and could be punished as official duty or give a lawful order to
such, independent of the criminal the offender
prosecution. 2. Offender resist or seriously
disobeys such person in authority or
Congress power to cite a witness in his agent
contempt is considered implied or 3. Act of the offender is not
incidental to the exercise of legislative included in the provision of Art s
power. 148,149 and 150.

The testimony of a person summoned SIMPLE DISOBEDIENCE

must be upon matters into which the
legislature has jurisdiction to inquire. Q: What are the elements of simple
disobedience?
RESISTANCE AND DISOBEDIENCE TO
PERSON IN AUTHORITY OR THE A:
THE AGENT OF SUCH PERSON (Art 151) 1. An agent of person in authority
is engaged in the performance of
official duty or gives lawful order to the
offender;
2. Offender disobey such agent
of a person in authority;
3. Such disobedience is not of a
serious nature.
Note: The accused must have
knowledge that the person giving the
order is a peace officer.
Q: What are the distinction between
resistance or serious disobedience
and direct assault?
A:
Resistance or Serious Disobedience
Direct Assault
Person in authority or his agent must
be in actual performance of his duties.
Person in authority or his agent
must be engaged in the performance
of official duties or that he is assaulted
by reason thereof.
Committed only by resisting or
seriously disobeying a person in
authority or his agent. Committed in
four ways:
1. By attacking,
2. By employing force,
3. By seriously intimidating, and
4. By seriously resisting a person in
authority or his agent.
The use of force is not so serious, as
there is no manifest intention to defy
the law and the officers enforcing it.
The attack or employment of
force which gives rise to the crime of
direct assault must be serious and
deliberate.
Q: What is the crime committed if the
person who resisted is a person in
authority and the offender use force in
such resistance?
A: When the one who resisted is a
person in authority the use of any kind
of degree of force will give rise to
direct assault.
Q: Suppose the offender did not use
any force in resisting a person in
authority. What crime is committed?
A: The crime is resistance or serious
disobedience
Art 151 covers failure to comply with
orders directly issued by authorities in
the exercise of their official duties, and
not with judicial decisions merely
declaratory of rights or obligation (i.e.
decision rendered in a civil case.)
What is punished is the resistance to a
person in authority or his agent in his
official capacity while engaged in the
performance of duties.
When the attack or employment of
force is not deliberate? The crime is
only resistance or disobedience.
Q: Who is a person in authority?
A: A person in authority is one directly
vested with jurisdiction. That is the
power and authority to govern and
execute the laws.
Examples of person in authority:
14. The municipal mayors;
15. Division superintendent of
school;
16. Public and private school
teachers;
17. Teacher – nurse;
18. President of sanitary division;
19. Provincial fiscal;
20. Justice of the peace;
21. Municipal councillor;
22. Barangay chairman;
23. Member of lupong
tagapamayapa;
24. Provincial treasurer.
Note: Items 7, 8, and 9 of the
enumeration are added by the local
Government Code (section 388) which
expressly provides that said persons
shall be deemed as persons in
authority in their jurisdiction.
Teachers, lawyers and head of school
are persons in authority only for the
purposes of Art 152 in relation to Art
148 and 151 and in connection with
their duties.
Q: Who is agent of a person in
authority?
A: Any person who by direct provision
of law or by election or by
appointment by competent authority
is charged with the:
1. Maintenance of public order
2. Protection and security of life
and property
Examples of agent of person in
authority:
1. Barangay kagawad
2. Barangay tanod
3. Post master
4. Municipal treasurer
5. Policeman
Q: Who is deemed an agent of person
in authority?
A: Any person who comes to the aid
of persons in authority is deemed an
agent of a person in authority.
CHAPTER FIVE:
PUBLIC DISORDER
TUMULTS AND OTHER DISTURBANCES OF
OF PUBLIC ORDER
Q: What are the punishable acts?
A:
25. Causing any serious disturbance
in a public place, office or
establishment;
26. Interrupting or disturbing
performances, functions or gathering,
or peaceful meetings, if the act is not
included in arts 131 and 132;
27. Making any outcry tending to
incite rebellion or sedition in any
meeting ,association or public place;
28. Displaying placards or emblems
which provoke a disturbance of public
order in such place;
29. Burying with pump the body of a
person who has been legally
executed
Q: What is the essence of tumults and
other disturbance?
A: The essence of this crime is creating
public disorder. This crime is brought
about by creating serious
disturbances in public places, public
buildings, and even places where
public functions or performance are
being held.
Q: When is the disturbance deemed
tumultuous?
A: When it is caused by more than
three persons who are deemed or
provided with means of violence.
Q: What does the world armed mean?
A: The term armed does not refer to
firearms but includes even big stones
capable of causing grave injury.
Q: What is the difference between
making any outcry tending to incite
sedition or rebellion (paragraph 3 of
art 153) and inciting to rebellion or
sedition?
A:
Making any outcry tending to incite
sedition or rebellion Inciting to
sedition or rebellion
The meeting at the outset was legal,
and became a public disorder only
because of such outcry. The meeting
from the beginning was unlawful.
The outbursts which by nature may
tend to incite rebellion or sedition are
spontaneous. The words uttered
are deliberately calculated with
malice aforethought to incite others to
rebellion or sedition.
Note: Serious disturbance requires that
such must be planned or intended
Q: What does outcry means?
A: Outcry means to shout subversive
and provocative words tending to stir
up the people to obtain by means of
force or violence any of the objects of
rebellion or sedition.
Note: crime is qualified if disturbance
or interruption is of a tumultuous
character.
Burying with pomp the body of a
person ostentatious display of burial
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES (Art154)
Art. 154. Unlawful use of means of
publication and unlawful utterances.
— The penalty of arresto mayor and a
fine ranging from P200 to P1,000 pesos
shall be imposed upon:
1. Any person who by means of
printing, lithography, or any other
means of publication shall publish or
cause to be published as news any
false news which may endanger the
public order, or cause damage to the
interest or credit of the State;
2. Any person who by the same
means, or by words, utterances or
speeches shall encourage
disobedience to the law or to the
constituted authorities or praise, justify,
or extol any act punished by law;
3. Any person who shall maliciously
publish or cause to be published any
official resolution or document without
proper authority, or before they have
been published officially; or
4. Any person who shall print, publish,
or distribute or cause to be printed,
published, or distributed books,
pamphlets, periodicals, or leaflets
which do not bear the real printer's
name, or which are classified as
anonymous.
Q: What are punishable acts?
A:
30. Publishing or causing to be
published by means of printing,
lithography or any other means of
publication, as news any false news
which may endanger the public order;
or cause damage to the interest or
credit of the state.
31. Encouraging disobedience to
the law or to the constituted authorities
or by praising justifying or extolling
any act punished by law, or by the
same means or by words, utterances
or speeches.
32. Maliciously publishing or
causing to be published any official
resolution or document without proper
authority, or before they have been
published officially.
33. Printing, publishing or
distributing books pamphlets,
periodicals or leaflets which do not
bear the real printers name or which
are classified as anonymous.
Q: Is it necessary that the publication
caused damage to the state?
A: It is not necessary that publication
of the false news actually caused
disorder or caused damage to the
interest or credit of the state. Mere
possibility of causing such danger or
damage is sufficient.
Note: To be liable the offender must
know that the news is false
RA 248 prohibits the reprinting,
reproduction or republication of
government publications and official
documents without previous authority.
ALARM AND SCANDAL ( ART. 155)
Art. 155. Alarms and scandals. — The
penalty of arresto menor or a fine not
exceeding P200 pesos shall be
imposed upon:
1. Any person who within any town or
public place, shall discharge any
firearm, rocket, firecracker, or other
explosives calculated to cause alarm
or danger;
2. Any person who shall instigate or
take an active part in any charivari or
other disorderly meeting offensive to
another or prejudicial to public
tranquility;
3. Any person who, while wandering
about at night or while engaged in
any other nocturnal amusements, shall
disturb the public peace; or
4. Any person who, while intoxicated
or otherwise, shall cause any
disturbance or scandal in public
places, provided that the
circumstances of the case shall not
make the provisions of Article 153
applicable.
Q: What are the punishable acts?
A:
1. Discharging any firearm, rocket,
firecracker or other explosives within
any town or public place, calculated
to cause alarm and danger.
2. Instigating or taking an active
part in any charivari or other disorderly
meeting offensive to another
prejudicial
3. Disturbing the public peace
while wondering about at night or
while engage in any nocturnal
amusement.
4. Causing any disturbance or
scandal in public places while
intoxicated or otherwise provided the
act is not covered by art 153.
Q: What is the essence of the crime of
alarm and scandals?
A: The essence of the crime is
disturbance of public tranquillity and
public peace
Q: If a firearm is discharge what are
the crimes that may possibly arise?
A:
1. Alarm and scandal- if the
offender discharges a firearm in a
public place but the firearm is not
pointed to a particular person when
discharged.
2. Illegal discharged of firearm- if
the firearm is was directed to a
particular person who was not hit if
intent to kill is not proved
3. Attempted homicide or murder
– if the person was hit, automatically,
the crime is attempted homicide or
murder. If there is intent to kill.
When a person uses a lethal
weapon against another such as
firearm intent to kill is inherent.
4. Physical injuries- if the person
was hit and injured but there was no
intent to kill
5. Threat- if the weapon was not
discharged but merely pointed to
another.
6. Grave coercion- if the threat
was directed immediate and serious
and the person is compelled or
prevented to do something against his
will.
Q: What is charivari?
A: Charivari is a mock serenade of
discordant noises made of cans, pans,
kettles, tins, horns etc., designed to
annoy and insult .this bring about the
crime of alarm and scandal.
Ratio: Punishing instigating or taking
an active part in charivari and other
disorderly meeting is to prevent more
serious disorders.
Q: What offenses are possibly
committed by creating noise and
annoyance?
A:
34. Alarm and scandal - If the
disturbance affects the public in
general (by playing noisily during the
wee hours in the morning in the
neighbourhood )
35. Unjust vexation – if the noise is
directed to a particular person or
family.
DELIVERING PRISONERS FROM JAIL (Art.
156)
Art. 156. Delivery of prisoners from jails.
— The penalty of arresto mayor in its
maximum period of prision
correccional in its minimum period
shall be imposed upon any person
who shall remove from any jail or
penal establishment any person
confined therein or shall help the
escape of such person, by means of
violence, intimidation, or bribery. If
other means are used, the penalty of
arresto mayor shall be imposed.
If the escape of the prisoner shall take
place outside of said establishments
by taking the guards by surprise, the
same penalties shall be imposed in
their minimum period.
Q: What are the elements of this
crime?
A:
1. There is a person confined in a
jail or penal establishment.
2. Offender removes therefrom
such person, or helps the scape of
such person
KEY: C.R.
Note: The prisoner may be under
detention only or one sentence by
virtue of a final judgement. If merely a
detention prisoner he is not criminally
liable.
Illustration
As long as the person who was
assisted in his scape is a prisoner,
whatever means is employed by the
person who removed from the jail is
punishable under the law. If a twin
brother of a prisoner helped the scape
by substituting himself and because of
their very similar appearance was not
once notice by the guard that twin
brother is liable.
Even if the prisoner returned to the jail
after several hours, the one who
removed him from jail is liable so that
if A, pretending to be an NBI agent,
asked the jailer of prisoner of prisoner
B to turn later over him on the pretext
that he (A) will investigate the prisoner
but after several hours of drinking
liquor with B in a store, returned the
said prisoner to the jailer, A is
criminally liable under this article.
Illustration
So also a jail guard who, while he was
off duty brought a released prisoner
inside the jail substitute for a detention
prisoner whom he brought out of jail,
returning him inside the jail after five
hours may be held liable under this
Article (People vs delBario et all, 4 C.
A Rep 337)
Q: Who may be the offenders?
A:
1. usually an outsider to the jail
2. but it may also be :
a. an employee of the penal
establishment who does not have the
custody of the prisoner
b. a prisoner who helps the
escape of another prisoner
Q: Suppose the prisoner was confined
in a hospital when he was assisted in
escaping, is the crime delivery of
prisoners from jail committed?
A: Yes because the hospital may be
considered as an extension of the jail.
Illustration
Even if the prisoner is in the hospital or
asylum or any place for detention of
prisoner, as long as a prisoner, that is a
formal complaint or information has
been filed in court ,and he has been
officially categorized as a prisoner,
this article applies ,as such place is
considered extension of the penal
establishment . thus if A was arrested
by a policeman for theft and locked in
jail but minutes before the case is filed
in court B helped him escape , B is not
liable under this article.
Q: What is the difference between
delivering prisoners from jail and
infidelity in the custody of prisoner?
A:
Delivering prisoners from jail Identify
in the custody of prisoners
The offender is not the custodian of the
prisoner at the time of the
escape/removal. The offender is the
custodian at the time of the
escape/removal.
Note: In both, the offender may be a
public officer or private citizen. In both
crimes, the person involved may be a
convict or a mere detention prisoner.
Q: What is the liability of the convicted
prisoner serving sentence who
escaped?
A: He is liable for the crime of evasion
of service of sentence under Art 157.
Q: Suppose the one who escape is
only a detention prisoner what is his
liability?
A: He does not incur liability from
escaping if he does not know of the
plan to remove him from jail .but if
such prisoners knows of the plot to
remove him from jail and cooperates
them to remove him from jail and
cooperate therein by escaping, he
himself becomes liable for delivering
prisoners from jail as a principal by
indispensable cooperation.
Q: What does the qualifying
circumstances of bribery under this
article contemplates?
A: The offender's act of employing
bribery as a means of removing or
delivering the prisoner from jail and
not the offender's act of receiving or
agreeing to receive a bribe as a
consideration for committing offense.
Q: What are the qualifying
circumstances?
A: Use of violence, intimidation or
bribery.
Q: What is the mitigating
circumstance?
A: If it takes place outside the penal
establishment by taking the guard by
surprise.
Note: This art 156 apply to a prisoner
who helps the felony of another
prisoner.
This felony may also be committed
through imprudence or negligence.
Q: Suppose Michael was convicted of
robbery and he is serving his sentence
in Muntinlupa together with his friend.
Sarah and the Jail warden, Z hatched
the plan of escaping from the prison C: 1. Offenders is a convict by final
facility which eventually materialized. judgment
Determine the criminal liability of S: 2. He is serving his sentence which
Michael Sarah and Z. consist in deprivation of liberty: and
E: 3. He evades service of his sentence
A: by escaping during term of his
1. Sarah a stranger or an outsider sentence
is liable for delivery of prisoner of
prisoner from jail KEY : C S E
2. Z, the jail warden committed the
crime of infidelity in the custody of Q: What are the qualifying
prisoners. circumstances under Art 157?
3. Michael is liable for the crime of
evasion of sentence. A: If such evasion or escape takes
place.
CHAPTER SIX:
EVASION OF SERVICE OF SENTENCE 1. By means of unlawful entry
2. By breaking doors, windows,
EVASION OF SERVICE OF SENTENCE gates, walls, roofs or floors.
(Art 157) 3. Through connivance with other
convicts employees of the penal
Art. 157. Evasion of service of institution?
sentence. — The penalty of prision
correccional in its medium and Q: What are the forms of evasion of
maximum periods shall be imposed service of sentence?
upon any convict who shall evade
service of his sentence by escaping A: Evasion of service of sentence has
during the term of his imprisonment by three forms:
reason of final judgment. However, if 1. By simply leaving or escaping
such evasion or escape shall have from the penal establishment under
taken place by means of unlawful article 157.
entry, by breaking doors, windows, 2. Failure to return within 48 hours
gates, walls, roofs, or floors, or by using after having left the penal
picklocks, false keys, deceit, violence establishment because of a calamity,
or intimidation, or through connivance conflagration or mutiny and such
with other convicts or employees of calamity, conflagration or mutiny has
the penal institution, the penalty shall been announced as already passed
be prision correccional in its under Art. 158.
maximum period. 3. Violating the conditional pardon
under Art.159.
Q: What are the elements of this
crime? Note: The term jail breaking is
synonymous with evasion of sentence.
A:
Q: Suppose X, a prisoner convicted of
theft was able to escape from penal
institution but only minutes after the
escape, he changed his mind
prompting him to return to the penal
institution he changed his mind
prompting him to return to the penal
facility ,is X liable for the crime of
evasion of sentence.
A: Yes in leaving or escaping , the fact
that the prisoner immediately returned
is immaterial it is enough that he left
the penal establishment by escaping
therefrom, his voluntary returned may
only be mitigating, being analogous
to voluntary surrender. But the same
will not absolve his criminal liability.
Q: If a prisoner is sentenced to
destierro can he be liable for the
crime of evasion of service of
sentience?
A: Yes, because destierro involves
deprivation of liberty, although partial,
as the prisoner is deprived of his liberty
to enter a prohibited area so if he
enters the prohibited area, he
commits evasion of service of
sentence.
Q: A foreigner was found guilty of
violation of the law, and was order by
the court to be deported, later on, he
returned to the Philippines in violation
of sentence. Is he guilty of evasion of
service of sentence?
A: No, because the law is not
applicable to offenses executed by
deportation (U.S vs Loo Hoe 36 Phil
867)
Q: What is the nature of the crime
evasion of service of sentence?
A: It is continuing offense which may
be prosecuted in any place where the
offender was found.
Note: This article does not apply to
minor delinquent’s detention prisoner
or deportees.
Q: What if the offender escaped within
the 15 day appeal period?
A: The crime is not evasion because
judgment is not yet final.
EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES (Art. 158)
Art. 158. Evasion of service of
sentence on the occasion of disorder,
conflagrations, earthquakes, or other
calamities. — A convict who shall
evade the service of his sentence, by
leaving the penal institution where he
shall have been confined, on the
occasion of disorder resulting from a
conflagration, earthquake, explosion,
or similar catastrophe, or during a
mutiny in which he has not
participated, shall suffer an increase
of one-fifth of the time still remaining
to be served under the original
sentence, which in no case shall
exceed six months, if he shall fail to
give himself up to the authorities within
forty-eight hours following the
issuance of a proclamation by the
Chief Executive announcing the
passing away of such calamity.
Convicts, who, under the e. Mutiny in which he has not
circumstances mentioned in the participated;
preceding paragraph, shall give L: 3. Offender evades service of his
themselves up to the authorities within sentence by leaving penal institution
the above mentioned period of 48 where he is confined, on occasion
hours, shall be entitled to the of such disorder or during mutiny; and
deduction provided in Article 98. F: 4. Offender fails to give him up to
authorities within 48 hours following
Q: What are the elements of this issuance by a proclamation by the
crime? President announcing the passing
away of such calamities.
A:
1. Offender is a convict by final KEY: C D L F
judgment, who is confined in a penal
institution. Q: What is basis of liability under Art.
2. There is disorder, resulting from- 158?
a. Conflagration,
b. Earthquake, A: Liability is based on the failure to
c. Explosion, return within 48 hours after the passing
d. Similar catastrophe, or of the calamity, conflagration or
e. Mutiny in which he has not mutiny had been announced and not
participated; the leaving from the penal
3. Offender evades the service of establishment.
his sentence by leaving the penal
institution where he is confined, on the Q: What constitutes mutiny in the
occasion of such disorder or during second form of evasion of service of
the mutiny; sentence?
4. Offender fails to give himself up
to the authorities within 48 hours A: The mutiny referred to her involves
following the issuance of a subordinate personnel rising against
proclamation by the Chief Executive the supervisor within the penal
announcing the passing away of such establishment.
calamity.
Q: What is mutiny?

C: 1. Offender by final judgment, who A: A mutiny is an organized unlawful

is confined in a penal institution; resistance to a superior officer;
D: 2. There is disorder resulting from- Sedition; a revolt. (People vs. Padilla,
G.R. No. 121917. March 12, 1997)
a. Conflagration;
b. Earthquake; Mutiny is one of the causes which may
c. Explosion; authorize a convict serving sentence
d. Similar catastrophe; or in the penitentiary to leave the jail
provided he has not taken part in the
mutiny.
If offender fails to give himself up, he
gets an increased penalty; on the
other hand, if he gives himself up, he is
entitled to a deduction of 1/5 of his
sentence.
OTHER CASES OF EVASION OF SERVICE
OF SENTENCE (Art. 159)
VIOLATION OF CONDITIONAL PARDON
Art. 159. Other cases of evasion of
service of sentence. — The penalty of
prision correccional in its minimum
period shall be imposed upon the
convict who, having been granted
conditional pardon by the Chief
Executive, shall violate any of the
conditions of such pardon. However, if
the penalty remitted by the granting of
such pardon be higher than six years,
the convict shall then suffer the
unexpired portion of his original
sentence.
Q: What are the elements of this
crime?
A:
a. Offender was a convict;
b. He was granted a conditional
pardon by the Chief Executive;
c. He violated any of the
conditions of such pardon.
C: 1. Offender was a convict;
P: 2. He was granted a conditional
pardon by the President; and
V: 3. He violated any of the conditions
of such pardon.
KEY: C P V
Q: When can there be a violation of
the conditional pardon?
A: When the condition is violated
during the remaining period of the
sentence. If the condition of the
pardon is violated when the remaining
unserved portion of the sentence has
already lapsed, there will be no more
criminal liability for the violation.
However, the convict maybe required
to serve the unserved portion of the
sentence, that is, continue serving
original penalty.
Q: What is a conditional pardon?
A: Conditional pardon is a contract
between the Chief Executive, who
grants the pardon, and the convict,
who accepts it.
The condition imposed upon the
prisoner not to be guilty of another
crime is not limited to those
punishable by the RPC. It includes
those punished under Special Law.
(People vs. Corral, 74 Phil. 357)
Usually, the condition of a conditional
pardon is that, the prisoner shall not
commit any crime anymore. So, if he
committed an offense while on
pardon, he has violated this article.
However, there must be a final
conviction for the second offense;
otherwise, we could not say that there
is a violation of the condition of the
pardon as he would still be presumed
innocent.
Q: What is the difference between
violation of conditional pardon and
evasion of service of sentence?
A:
Violation of conditional pardon
Evasion of service of sentence
It is not a public offense for it does
cause harm or injury to the right of
another person nor does it disturb
public order. It is a public offense
separate and independent from any
other act.
Note: Violation of conditional pardon
is a distinct crime.
Offender can be arrested and
reincarcerated without trial, pursuant
to Sec. 64 (i) of the rev. Adm. Code.
Chapter Seven:
COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (Art. 160)
QUASI-RECIDIVISM
Art. 160. Commission of another crime
during service of penalty imposed for
another offense; Penalty. — Besides
the provisions of Rule 5 of Article 62,
any person who shall commit a felony
after having been convicted by final
judgment, before beginning to serve
such sentence, or while serving the
same, shall be punished by the
maximum period of the penalty
prescribed by law for the new felony.
Any convict of the class referred to in
this article, who is not a habitual
criminal, shall be pardoned at the age
of seventy years if he shall have
already served out his original
sentence, or when he shall complete it
after reaching the said age, unless by
reason of his conduct or other
circumstances he shall not be worthy
of such clemency.
Q: What is quasi-recidivism?
A: Quasi-recidivism is a special
aggravating circumstance where a
person, after having been convicted
by final judgement, shall commit a
new felony before beginning to serve
such sentence, or while serving the
same.
Note: To be appreciated, quasi-
recidivism must be specially alleged
in the information.
Q: What are the elements of Quasi-
Recidivism?
A:
36. Offender was already convicted
by final judgment of one offense.
37. He committed a new felony
before beginning to serve such
sentence or while serving the same.
Note: The offender must be serving
sentence by virtue of final judgment to
trigger the application of Art. 160.
Q: When is Art. 160 applicable?
A: Art. 160 apply although the next
offense is different in character from
the previous offense for which the
defendant is serving sentence .it
makes no difference whether the
crime for which an accused is serving
sentence at the of the commission of
the offense changed, falls under the
RPC or under a special law.
Note: First crime for which the offender
is serving sentence need not be
felony, but the second crime must be
a felony. So that if the prisoner is
serving sentence for Homicide, and
later on found guilty of violation of the
Anti-Dangerous Drugs Law or Illegal
Possession of Firearms, this provision is
not violated. The reverse however, that
is, where he is serving sentence for
Illegal Possession of Firearms(or for
any crime for that matter) and then
committed Homicide which is a
violation of RPC,makes this article
applicable.
Q: What is the justification for imposing
a severe penalty for quasi-recidivists?
A: The severe penalty is justified
because of his perversity and
incorrigibility.
Q: What is the difference between
quasi-recidivism and recidivism
proper, insofar as offsetting of
mitigating circumstance is
concerned?
A:
Quasi-recidivism Recidivism proper
It is punished with more severity
because the maximum degree of
penalty prescribed by law for the
crime committed is always imposed
irrespective of the presence of any
mitigating circumstances. The
aggravating circumstances of
recidivism may be offset by a
mitigating circumstance present in the
commission of the crime.
Note: It does not require that the two
offenses embraced in the same title in
the RPC
Q: When can quasi-recidivists are
pardoned?
A:
1. When he has reached the age
of 70 and has already served out his
original sentence, or
2. When he shall complete if after
reaching said age
Note: Unless by reason of his conduct
or other circumstances, he shall not
be worthy of such clemency.
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
Chapter One:
FORGERIES
COUNTERFEITING THE GREAT SEAL OF
THE GOVERNMENT OF THE PHILIPPINE
ISLANDS, FORGING THE SIGNATURE OR
STAMP OF THE CHIEF EXECUTIVE (Art.
161)
Art. 161. Counterfeiting the great seal
of the Government of the Philippine
Islands, forging the signature or stamp
of the Chief Executive. — The penalty
of reclusion temporal shall be
imposed upon any person who shall
forge the Great Seal of the
Government of the Philippine Islands
or the signature or stamp of the Chief
Executive.
Q: What are the punishable acts?
A:
1. Forging the great seal of
Government of the Philippines.
2. Forging the signature of
President.
3. Forging the stamp of
President of the Government of
Philippines.
Note: When the President's signature is
forged, it is not falsification but forging
of signature of the Chief Executive
under this article.
USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP (Art. 162)
Q: What are the elements of this
crime?
A:
1. Great seal of the Republic was
counterfeited or the signature or
stamp of the Chief Executive was
forged by another person;
2. Offender knew of the
counterfeiting or forgery;
3. He used the counterfeit seal or
forged signature or stamp.
Art. 162. Using forged signature or
counterfeit seal or stamp. — The
penalty of prision mayor shall be
imposed upon any person who shall
knowingly make use of the counterfeit
seal or forged signature or stamp
the mentioned in the preceding article.
the Q: What are the elements of this
crime?
the
the A:
1. Great seal of the Republic was
counterfeited or the signature or
stamp of the chief executive was
forged by another person.
2. Offender knew the
counterfeiting or forgery
3. He used the counterfeit seal or
forged signature or stamp.
Q: Offender here should not be the
forger or the cause of counterfeiting;
otherwise the crime committed is
forgery under Art 161.
A: In using the forged signature or
stamp of the President or forged seal,
the participation of the offender is in
effect that of an accessory. Although
the general rule is that he should be
punished by a penalty 2 degrees
lower, under Art 162, he is punished by
a penalty only one degree lower.

Note: Offender here should not be the MAKING AND IMPORTING AND
forger or the cause of the UTTERING FALSE COIN (Art 163)
counterfeiting; otherwise the crime
committed is forgery under Art. 161. Art. 163. Making and importing and
uttering false coins. — Any person who
USING FORGED SIGNATURE OR makes, imports, or utters, false coins,
COUTERFEIT SEAL OR STAMP (Art .162) in connivance with counterfeiters, or
importers, shall suffer:
1. Prision mayor in its minimum and
medium periods and a fine not to
exceed P10,000 pesos, if the
counterfeited coin be silver coin of the
Philippines or coin of the Central Bank
of the Philippines of ten centavo
denomination or above.
2. Prision correccional in its minimum
and medium periods and a fine of not
to exceed P2,000 pesos, if the
counterfeited coins be any of the
minor coinage of the Philippines or of
the Central Bank of the Philippines
below ten-centavo denomination.
3. Prision correccional in its minimum
period and a fine not to exceed
P1,000 pesos, if the counterfeited coin
be currency of a foreign country. (As
amended by R.A. No. 4202, approved
June 19, 1965).
Q: What are the elements of this
crime?
A:
1. There be false or counterfeited
coin
2. Offender either made imported.
Or uttered such coins;
3. In case of uttering such false or
counterfeited coins, he connived with
counterfeiters or importers.
Q: What is counterfeiting?
A: counterfeiting means to imitate a
coin that is genuine. It gives an
appearance of one of legal tender.
The coin is counterfeit even if it has
more intrinsic value than the coin of
legal tender
Q: What is the criterion used in
determining whether a coin is
counterfeit or not?
A: The criterion is that the imitation
must be such as to deceive an
ordinary person in believing it to be
genuine; consequently if the imitation
is so imperfect that no one may be
deceived, the felony cannot be
consummated.
Q: Is it necessary that the coin
counterfeited is of legal tender?
A: It is not necessary that the coin
counterfeited be legal tender. The
reason for this is to discourage people
from practicing their ingenuity of
imitating money.
Q: What is punished in importing false
coins?
A: It is the mere act of importing that
is being punished, even if the coins
are not place in circulations.
Q: What is meant by uttering of coins?
A: Uttering means to circulate, to pass
counterfeit coins
Q: What are the kinds of coins
counterfeiting of which is punished?
A:
1. Silver coin of the Philippines or
coin of the central Bank of the
Philippines
2. Coin of the minor coinage of the
Philippines or of the central bank of
the Philippines
3. Coin of the currency of the any person who shall mutilate coins of
foreign country the legal currency of the United States
or of the Philippine Islands or import or
Note: With respect to par 3 the used of utter mutilated current coins, or in
the word currency is not correct connivance with mutilators or
because the Spanish text uses the importers.
moneda which embraces not only
those that are legal tender but also Q: What are punishable acts?
those out of circulation.
A: Mutilating coins of the legal
Former coin withdrawn from currency, with the further requirement
circulation may be counterfeited that there be intent to damage or to
under Art 163 defraud another.
Importing or uttering such mutilated
Q: What are the acts of falsification or coins, with the further requirements
falsity? that there must be connivance with
the mutilator or importer in case of
A: uttering.
1. Counterfeiting – refers to money
or currency Q: What is mutilation?
2. Forgery- refers to instrument of
credit and obligation and securities A: Mutilation means diminishing or
issued by the Philippine Government taking off by ingenious means part of
or any Banking institution authorized the metal in the coin either by filing or
by the Philippine Government to issue substituting it for another metal of
the same. inferior quality.
3. Falsification- can only be
committed in respect of documents Q: What are the requisites of
mutilation?
Q: What crimes may be committed in
relation to coins in circulation? A:
1. Coin mutilated is of legal tender.
A: Counterfeiting and mutilating coins 2. Offender gains from the
precious metal dust abstracted from
MUTILATION OF COINS-IMPORTATION the coin ,and
AND UTTERING OF MUTILATTED COINS 3. It has to be a coin.
(Art. 164)
Note: The coin must be of legal tender
Art. 164. Mutilation of coins; or current coin of the Philippines.
Importation and utterance of
mutilated coins. — The penalty of Foreign notes and coins not included
prision correccional in its minimum under this article.
period and a fine not to exceed
P2,000 pesos shall be imposed upon There must be intention to mutilate.
 such coin, shall suffer a penalty lower
PRESIDENTIAL DECREE 247: by one degree than that prescribed in
DEFACEMENT, MUTILLATION, TEARING, said articles.
BURNING OR DESTROYING CENTRAL Section Three. — Forging treasury or
BANK NOTES AND COINS bank notes, obligations and securities;
importing and uttering false or forged
Q: What are the punishable acts under notes, obligations and securities.
PD 247? Q: What are the punishable acts?

A: A:
1. Wilful defacement 1. Possession of coins
2. Mutilation counterfeited mutilated by another
3. Tearing person, with intent to utter the same,
4. Burning knowing that it is false or mutilated.
5. Destruction of currency notes 2. Actually uttering such false or
and coins issued by the central bank mutilated coins knowing the same to
be false or mutilated
Q: What is the difference between
mutilation of coins under the RPC and Note: It does not require that the
mutilation under PD 247? counterfeited coins is legal

A: Constructive possession or the

Mutilation of coins under the RPC subjection of the things to one's
Mutilation under P.D. 247 control is included
Mutilation is limited to coins. Accused must have knowledge of the
Mutilation is not limited to coins. fact that the coin is false
The purpose is to collect the precious
metal content that is being scraped Q: What if the false or mutilated coins
from the coin The purpose is to are found in possession of the
deface, tear, burn or to destroy in any counterfeiters or mutilators or
manner whatsoever the notes or coins. importers?

A: Such possession does not constitute

SELLING OF FALSE OR MUTILATED a separate offense but is punished
COINS WITHOUT CONNIVANCE either under Art 163 or 164.
(Art165)
PD 247 punishes possession of silver or
Art. 165. Selling of false or mutilated nickel coins in excess of P50.00. It is a
coin, without connivance. — The measure of national policy to protect
person who knowingly, although the people from the conspiracy of
without the connivance mentioned in those holding silver or nickel coins
the preceding articles, shall possess and to preserve and maintain the
false or mutilated coin with intent to economy.
utter the same, or shall actually utter
FORGING TREASURY OR BANK NOTES
OR OTHER DOCUMENTS PAYABLE TO
BEARER: IMPORTING, AND UTTERING
SUCH FALSEOR FORGED NOTES AND
DOCUMENTS.(Art 166)
Art. 166. Forging treasury or bank
notes on other documents payable to
bearer; importing, and uttering such
false or forged notes and documents.
— The forging or falsification of
treasury or bank notes or certificates
or other obligations and securities
payable to bearer and the importation
and uttering in connivance with
forgers or importers of such false or
forged obligations or notes, shall be
punished as follows:
1. By reclusion temporal in its
minimum period and a fine not to
exceed P10,000 pesos, if the
document which has been falsified,
counterfeited, or altered, is an
obligations or security of the United
States or of the Philippines Islands.
The word "obligation or security of the
United States or of the Philippine
Islands" shall be held to mean all
bonds, certificates of indebtedness,
national bank notes, fractional notes,
certificates of deposit, bills, checks, or
drafts for money, drawn by or upon
authorized officers of the United States
or of the Philippine Islands, and other
representatives of value, of whatever
denomination, which have been or
may be issued under any act of the
Congress of the United States or of the
Philippine Legislature.
2. By prision mayor in its
maximum period and a fine not to
exceed P5,000 pesos, if the falsified or
altered document is a circulating note
issued by any banking association
duly authorized by law to issue the
same.
3. By prision mayor in its medium
period and a fine not to exceed
P5,000 pesos, if the falsified or
counterfeited document was issued
by a foreign government.
4. By prision mayor in its minimum
period and a fine not to exceed
P2,000 pesos, when the forged or
altered document is a circulating note
or bill issued by a foreign bank duly
authorized therefor.
Q: What are the punishable acts?
A:
1. Forging or falsification of
treasury or bank notes or other
documents payable to bearer.
2. Importation of such false or
forged obligation or notes.
Notes: It means to bring them to into
the Philippines, which presupposes
that the obligations or notes are
forged or falsified in a foreign country.
3. Uttering of such false or forged
obligations or notes in connivance
with the forgers or importers.
Note: It means offering obligations or
notes knowing them to be false or
forged whether such offer is accepted
or not, with representations.
Q: What is difference between
falsification and forgery?
A:
Forgery Falsification
Committed by giving to a treasury or
bank note or any instrument payable
to bearer or to order the appearance
of a true and genuine document.
Committed by erasing,
substituting, counterfeiting, or altering
by any means, the figures, letters,
words, or signs contained therein.
Q: What are the notes and other
obligations and securities that may be
forged or falsified under Art 166?
A:
38. Treasury or bank notes
39. Certificates and
40. Other obligations and securities
payable to bearer
COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER (Art 167)
Art. 167. Counterfeiting, importing and
uttering instruments not payable to
bearer. — Any person who shall forge,
import or utter, in connivance with the
forgers or importers, any instrument
payable to order or other document of
credit not payable to bearer, shall
suffer the penalties of prision
correccional in its medium and
maximum periods and a fine not
exceeding P6,000 pesos.
Q: What are the elements of this
crime?
A:
1. There be an instrument payable
to order or other document of credit
not payable to bearer.
2. Offender forged, imported or
uttered such instrument.
3. In case of uttering, he connived
with the forger or importer.
Q: What are the facts of forgery
punished under Art 167?
A:
1. Forging instruments payable to
order or document of credit not
payable to bearer.
2. Importing such false instrument
;and
3. Uttering such false instruments in
connivance in connivance with the
forger or importer.
Note: Connivance is not required in
uttering if the utterer is the forger.
ILLIGAL POSSESION AND USE OF FALSE
TREASURY OR BANK
AND OTHER INSTRUMENTS OF CREDIT
(Art 168)
Art. 168. Illegal possession and use of
false treasury or bank notes and other
instruments of credit. — Unless the act
be one of those coming under the
provisions of any of the preceding
articles, any person who shall
knowingly use or have in his
possession, with intent to use any of
the false or falsified instruments
referred to in this section, shall suffer
the penalty next lower in degree than
that prescribed in said articles.
Q: What are the elements of this
crime?
A:
1. Any treasury or bank note or
certificate or other obligation and
security payable to bearer ,any
instruments payable to order or other
documents of credit not payable to
bearer is forged or falsified by another
person;
2. Offender knows that any of
those instruments is forged or falsified
3. He performs any of these acts-
4. Using any of such forged or
falsified instruments
5. Possession with intent to use any
such forged or falsified instruments
Note: The act being punished under
Art 168 is knowingly possessing with
intent to use any such forged treasury
or bank notes.
Q: Is possession of false treasury or
bank notes alone without intent to use
a criminal offense?
A: No, but mere possession with intent
to utter consummates the crime of
illegal possession of false notes.
A person in possession of falsified
document and who make use of the
same is presumed to be the material
author of falsification.
Q: How is forgery committed?
41. By giving to a treasury or bank
note or any instrument payable to
bearer or to order mentioned therein ,
the appearance of a true and genuine
document
42. By erasing , substituting ,
counterfeiting or altering by any
means the figures, letters, words, or
signed contained therein.(Art, 169)
Note: Forgery under the RPC applies to
papers. Which are in the form of
obligation and securities issued by
Philippine Government as its own
obligation, which are given the same
status as legal tender .examples
treasury and bank notes?
Q: What is the essence of forgery?
A: The essence of forgery is giving
document the appearance of true
and genuine document. Not any
alteration of a letter, number, figure or
design would amount to forgery.
Q: In checks and other commercial
documents how is forgery committed?
A: Forgery is committed when the
figures or words are changed which
materially alters the document.
FALSIFICATION OF
LEGISLATIVE DOCUMENT
(art. 170)
Art. 170. Falsification of legislative
documents. — The penalty of prision
correccional in its maximum period
and a fine not exceeding P6,000 pesos
shall be imposed upon any person
who, without proper authority therefor
alters any bill, resolution, or ordinance
enacted or approved or pending
approval by either House of the
Legislature or any provincial board or
municipal council.
Q: What are the elements of this
crime?
A:
1. There is a bill, resolution or
ordinance, enacted or approved or
pending approval by either house of
legislature or any provincial board or
municipal council.
2. Offenders alter the same.
3. He has no proper authority
therefore.
4. Alteration has changed him
meaning of the document.
Note: The alteration must have the
effect of changing the meaning of the
document
The offender must not be a public
official entrusted with the custody or
possession of such document,
otherwise Art 171 will apply
The bill resolution or ordinance must
be genuine
Q: Define document?
a. A civil service examination
paper
b. Official receipt required by the
government to be issued upon receipt
of money for public purposes
c. Residence certificate
d. Driver's license
44. Official document- issued by a
public official in the exercise of
function of his office.
Illustration
Register of attorneys official kept by
the clerk of the Supreme Court in
which it is inscribed the name of each
attorney admitted to the practice of
law.

A: A document is any written 45. Private document – a deed or

instrument by which a right is instrument executed by private person
established or an obligation is without the intervention of a notary
extinguished or every deed or public or other person legally
instrument executed by a person by authorized, by which document some
which some disposition or agreement disposition of agreement is proved,
is proved evidence and set forth. evidenced and set forth.
Q: What are the four kinds of 46. Commercial document-
documents? defined and regulated by the code of
commerce or any other commercial
A: law
43. Public document- a document
created, executed or issued by a Illustration
public official in response to
exigencies of public service ,or in 1. Bills of exchange
execution of which a public official 2. Letters of credit
intervened ; any instrument notarized 3. Check
by a notary public or competent 4. Quedans
public official ,with the solemnities 5. Drafts
required by law. 6. Bills of lading

Illustration Note: Under the rules of court, there

are only two kinds of documents
private and public.
 4. falsification of a private
Public document is broader than the documents by any person;
term official document before a 5. falsification of wireless,
document may be considered official. telegraph and telephone messages.
It must first be a public document to
become an official document .there Q: How is a document falsified?
must be a law which requires a public
official to issue or to render such A: A document is falsified by
document. fabricating an inexistent document or
by changing the contents of an
Illustration existing one through any of the 8 ways
enumerated under Art 171.
A cashier is required to issue an
official receipt for the amount he CHAPTER TWO:
receives the official receipt is a public OTHER FALSITIES
document which is an official
document. USURPATION OF AUTHORITY OR
OFFICIAL FUNCTION
Q: What are examples of writing that (Art 177)
do not constitute documents?
Art. 177. Usurpation of authority or
A: official functions. — Any person who
1. A draft of a municipal payroll shall knowingly and falsely represent
which is not yet approved by the himself to be an officer, agent or
proper authority representative of any department or
2. Mere blank forms of official agency of the Philippine Government
documents, the spaces of which are or of any foreign government, or who,
not filed up; under pretense of official position,
3. Pamphlets or books which are shall perform any act pertaining to
mere merchandise, not evidencing any person in authority or public
any disposition or agreement. officer of the Philippine Government or
any foreign government, or any
Q: What are the classes of agency thereof, without being lawfully
falsification? entitled to do so, shall suffer the
penalty of prision correccional in its
A: minimum and medium periods.
1. falsification of legislative
document; Q: What are the forms of usurpation?
2. falsification of a document by a
public officer employee or notary A:
public;
3. falsification of public or official 1. Usurpation of authority- knowing
or commercial documents by a and falsely representing oneself to be
private individual; an officer agent or representative of
any department or agency of the
government or any foreign 1. the government or
Government. 2. to any person in authority or
3. to any public officer
Note: Under the first form, mere false
representation is sufficient to bring USING FICTITIOUS NAME AND
about criminal liability CONCEALING TRUE NAME
(Art 178)
2. Usurpation of official functions –
performing any act pertaining to any Art. 178. Using fictitious name and
person in authority or public officer of concealing true name. — The penalty
the Philippine government or of of arresto mayor and a fine not to
foreign government or nay agency exceed 500 pesos shall be imposed
thereof. Under pretense of official upon any person who shall publicly
position , without being lawfully use a fictitious name for the purpose of
entitled to do so concealing a crime, evading the
execution of a judgment or causing
Note: Under the second form, without damage.
false pretense, there is no crime of Any person who conceals his true
usurpation of authority. name and other personal
circumstances shall be punished by
Note: There must be positive, express, arresto menor or a fine not to exceed
and explicit representation. 200 pesos.

Q: Can a public official commit this Q: What are the punishable acts?
crime?
A:
A: Yes, violation of ART 177 is not 1. Using fictitious name
restricted to private individuals; public
officials may also commit this crime
Elements:
Note: It does not apply to occupant
under color of title a. offenders uses a name other
than his real name
RA NO 75 provides penalty for b. he uses the fictitious name
usurping authority of diplomatic, publicly
consular or other official of a foreign c. purpose of use is to conceal a
Government. crime ,to evade the execution of a
judgment or to cause damage (to
Q: To whom does the authority or public interest)
function usurped pertain?
2. Concealing true name
A: The function or authority usurped
must pertain to:
Elements:
a. offender conceals his true name
and other personal circumstances
b. purpose is only to conceal his
identity
Q: What is fictitious name?
A: Fictitious name is any other name
which a person publicly applies to
himself without authority without
authority of law
Q: What is the distinction between
using fictitious name and concealing
true name?
Using fictitious name
Element of publicity must be present.
Element of publicity is not
necessary.
The purpose is either to conceal a
crime, to evade the execution of a
judgement, or to cause damage.
The purpose is merely to
conceal identity.
ILLIGAL USE OF UNIFORM OR INSIGNIA
(Art 179)
Q: What are the elements of this
crime?
A: Offender makes use of insignia
uniform or dress.
3. The insignia ,uniform or dress
pertains to an office not held by the
offender or to a class of persons of
which he is not a member
4. Said insignia ,uniform or dress is
used publicly and improperly
Q: Is it required that there be exact
imitation of uniform to constitute illegal
use of uniform or insignia?
A: Exact imitation is not necessary
colourable resemblance calculated
to deceive ordinary persons is
sufficient.
Q: What is meant by improper use of
uniform or insignia?
A: It means that the offender has no
right to use the uniform or insignia.
Note: Using uniform decoration or
regalia of foreign state is punished by
RA 75
Wearing insignia or .badge or emblem
of rank of the members of the AFP or
constabulary is punished by RA 493
except if used in playhouse or theater
or in moving picture films.
FALSE TESTIMONY
Q: What is false testimony?
A: A false testimony is a declaration
under oath of a witness in a judicial
proceeding which is contrary to what
is true, or to deny the same or to alter
essential truth.
Note: Committed by a person who
being under oath of a witness and
required to testify as to the truth of
certain matter at a hearing before a
competent authority, shall deny the
truth or say something contrary to it.
Q: Can a false testimony be
committed thru negligence?

A: No, false testimony requires a
criminal intent and cannot be
committed thru negligence. It could
not be frustrated or attempted
Q: What is the reason for punishing
false testimony?
A: Falsehood is ever reprehensible but
it is particularly odious when
committed in a judicial proceeding as
it constitutes an imposition upon the
court and seriously exposes it to
miscarriage of justice.
CHAPTER TWO
OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
GRAVE SCANDAL (art. 200)
Art. 200. Grave scandal. — The
penalties of arresto mayor and public
censure shall be imposed upon any
person who shall offend against
decency or good customs by any
highly scandalous conduct not
expressly falling within any other
article of this Code.
Q: What are the elements of grave
scandal?
A:
a. Offender performs an act or
acts.
b. Such act or acts be highly
scandalous as offending against
decency or good customs
c. Highly scandalous conduct is
not expressly falling within any article
of this code.
d. Act or acts complained of be
committed in a public place or within
the public knowledge or view
Q: What constitutes grave scandal?
A: Grave scandal is any highly
scandalous act offensive to decency
and good and good customs and
committed public or within knowledge
and view of the public.
Q: What is decency?
A: Decency means decency means
proprietary of conduct, proper
observance of the requirements of
modesty, good taste, etc.
Q: What is customs?
A: It is the established usage, social
conventions carried on by tradition
and enforced by social disapproval of
any violation thereof.
Note: The offense must be directed on
the sense of decency or good
customs not on property such as
scattering human faces on building.
If in public place there is criminal
liability irrespective of whether the
immoral act is open to the public view
.public view is not required. It is
sufficient if committed in public place.
If in private place, public view or
public knowledge required. There
must be one or more persons who
witnessed the act .except when seen
by only one other person at night. Thus
negating the degree of publicity
required.
 (1) Those who shall publicly expound
Q: What is the difference between or proclaim doctrines openly contrary
grave scandal and alarm and to public morals;
scandal? (2) (a) the authors of obscene
literature, published with their
A: knowledge in any form; the editors
Grave scandal Alarms and scandal publishing such literature; and the
The scandal involved refers to moral owners/operators of the establishment
scandal offensive to decency, selling the same;
although it does not disturb public (b) Those who, in theaters, fairs,
peace. But such conduct or act must cinematographs or any other place,
be open to the public view. The exhibit, indecent or immoral plays,
scandal involved refers disturbances scenes, acts or shows, whether live or
of the public tranquillity and not to in film, which are prescribed by virtue
acts offensive to decency. hereof, shall include those which (1)
glorify criminals or condone crimes;
(2) serve no other purpose but to
Q: What is the difference between satisfy the market for violence, lust or
grave scandal and act of pornography; (3) offend any race or
lasciviousness? religion; (4) tend to abet traffic in and
use of prohibited drugs; and (5) are
A: contrary to law, public order, morals,
Grave scandal Acts of and good customs, established
lasciviousness policies, lawful orders, decrees and
The performance of scandalous acts is edicts;
mutually consented. (3) Those who shall sell, give away or
The scandalous acts are exhibit films, prints, engravings,
committed against the will of the sculpture or literature which are
woman .force or intimidation is offensive to morals. (As amended by
employed PD Nos. 960 and 969).

Q: Who are the persons liable?

IMMORAL DOCTRINE S, OBSCENE A:

PUBLICATION AND EXHIBITION 1. those who shall publicly
AND INDECNT SHOWS (Art 201) expound or proclaim doctrines openly
contrary to public morals
Art. 201. Immoral doctrines, obscene 2. the authors of obscene
publications and exhibitions and literature, published with their
indecent shows. — The penalty of knowledge in any form ,the editors
prision mayor or a fine ranging from publishing such literature ; and the
six thousand to twelve thousand owners /operators of the
pesos, or both such imprisonment and establishments
fine, shall be imposed upon:
3. those who in theaters ,fairs
cinematograph or any other place
exhibit indecent or immoral plays
scenes, acts shows, it being
understood that the obscene literature
or indecent or immoral plays, scenes,
acts or shows whether live or in film
which are prescribed by virtue hereof
,shall include those which;
a. glorify criminals or condone
crime
b. serve no other purpose but to
satisfy the market for violence lust or
pornography
c. offend any race ,or religion
d. tend to abet traffic in and use of
prohibited drugs
e. are contrary to law ,public order
morals, good customs, established
policies lawful order, decrees and
addicts.
4. Those who shall sell give away
or exhibit films prints, engravings,
sculpture are offensive to morals
publicity is essential.
Q: What is the test of obscenity?
A: Whether or not the material
charged as obscene has the
tendency to deprave and corrupt the
minds of those open to the influence
thereof, or into whose hands such
material may come to.
The test is more on objective .it is more
on the effect upon the viewer and not
alone on the conduct of the
performer.
Q: If the viewing of pornographic
materials is done privately, can there
be a violation of Art 201?
A: As long as the pornographic matter
or exhibition is made privately, there is
no crime committed under the
Revised Penal Code because what is
protected is the morality of the public
in general the law is not concerned
with the moral of one person.
Q: What are considered obscene
literature or immoral or indecent plays,
scenes or acts?
A:
1. Those which glorify criminals or
condone crimes.
2. Those which serve no other
purpose but to satisfy the market for
violence ,lust or pornography
3. Those which tend to abet the
traffic and the use of prohibited drugs
4. Those which offend any race or
religion
5. Those that are contrary to law,
public order, moral, good customs,
established policies, lawful orders
decrees and edicts.
VAGRANTS AND PROSTITUTES (art. 202)
Art. 202. Vagrants and prostitutes;
penalty. — The following are vagrants:
1. Any person having no apparent
means of subsistence, who has the
physical ability to work and who
neglects to apply himself or herself to
some lawful calling;
2. Any person found loitering about
public or semi-public buildings or
places or trampling or wandering
about the country or the streets
without visible means of support;
3. Any idle or dissolute person who
ledges in houses of ill fame; ruffians or
pimps and those who habitually
associate with prostitutes;
4. Any person who, not being included
in the provisions of other articles of this
Code, shall be found loitering in any
inhabited or uninhabited place
belonging to another without any
lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women
who, for money or profit, habitually
indulge in sexual intercourse or
lascivious conduct, are deemed to be
prostitutes.
Any person found guilty of any of the
offenses covered by this articles shall
be punished by arresto menor or a
fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor in
its medium period to prision
correccional in its minimum period or
a fine ranging from 200 to 2,000 pesos,
or both, in the discretion of the court.
Q: Who are person liable?
A:
1. Any person having no apparent
means of subsistence who has the
physical ability to work and who
neglects to apply himself or herself to
some lawful calling
2. Any person found loitering
about public and semi-public
buildings or places or tramping and
wondering about the country or streets
without visible means of support.
3. Any idle and dissolute person
who lodges in houses of ill fame
ruffians and pimp and those who
habitually associates with prostitute.
4. Any person who not being
included in the provisions of other
articles of this code shall be found
loitering in any inhabited or
uninhabited place belonging to
another without any lawful justification.
5. Prostitutes-women who, for
money or profit, habitually indulge in
sexual intercourse or lascivious
conduct.
Q: Who are vagrants?
A: Vagrants are those who loiter
around public or private places
without any visible means of support
but who are physically able to work
without any lawful purpose.
Q: What is the rationale of penalizing
vagrancy?
A: The law punishes the act involved
here as a stepping stone to the
commission of other crimes. Without
this article ,law enforcers would have
no way of checking a person loitering
in the wrong place in the wrong time
.the purpose of the law is not simply to
punish a person because he has no
means of livelihood it is to prevent
further criminality.
Note: Being jobless does not make
one a vagrant what penalizes is the
neglect and refusal to work and the
loitering in or about public places
without giving a good account of his
presence therein.
Q: If a person is found wandering in an
estate belonging to another, whether,
public or private without any lawful
purpose, what other crimes may be
committed?
A: When a person is apprehended
loitering inside an estate belonging to
another, the following crimes may be
committed
6. Trespass to property – if the
estate is fenced and there is a clear
prohibition against entering ,but the
offender entered without the consent
of the owner or overseer thereof
7. Attempted theft- if the estate is
fenced and the offender entered the
same to hunt therein or fish from any
waters therein or to gather any farm
product therein without the consent of
the owner or overseer thereof.
8. Vagrancy – if the estate is not
fenced or there is no clear prohibition
against entering
Q: Who are prostitutes?
A: Prostitutes are women who for
money or profit, habitually indulge in
sexual; intercourse or lascivious
conduct.
Q: Is sexual intercourse a necessary
element to constitute prostitution?
A: No, the mere indulging in lascivious
conduct habitually because of money
or gain would amount to prostitution,
even if there is no sexual intercourse.
Virginity is not a defense. Habitually is
the controlling factoring factor; it has
to be more than once.
Q: Is there a crime of prostitution by
conspiracy?
A: There is none, one who conspires
with a woman in the prostitution
business like pimps, taxi drivers or
solicitors of clients are guilty of the
crime under article 341 for white
slavery
Note: Under this article, a prostitute is
limited to a woman. A city or
municipal ordinance However may
cover a male prostitute usually called
call boy.
He cannot however, be punished
under art 202 he can be prosecuted
under the ordinance concerned.
Q: What are the distinction between
vagrancy and prostitution?
A:
VAGRANCY
PROSTITUTION
Can be committed by either a man or
a woman. Can only be committed
by a woman.
A man if he engages in sex for money
is not a prostitute but a vagrant. A
woman who for money or profit
habitually engages in sexual or
lascivious conduct is a prostitute.
Note: Article 202 is not applicable to
minors
PD 1563 (mendicancy law of 1978)
punishes mendicancy and abetting
mendicancy.
Q: Who are liable under PD1563 of
Mendicancy law?
A:
1. Mendicant one who has no
visible and legal means of support or
lawful employment and who is
physically able to work but neglects to
apply himself to some lawful calling
and instead uses begging as a means
of livelihood. The relationship, except the spouse,
must be in the direct line and not in
2. Any person who abets the collateral line. Hence if A, father a
mendicancy by giving alms directly to victim V, was assisted by N, a nephew,
mendicants, exploited infants ,and in killing V, A is guilty of parricide while
minors on public roads, sidewalks, n committed murder (as the
parks and bridges. deceased was killed while sleeping)
and not Parricide.

Q: Must the relationship between

PARRICIDE offender and the offended party be
(ART. 246) legitimate?

Art. 246. Parricide. — Any person who A: Yes, except when the offender and
shall kill his father, mother, or child, the offended party are related as
whether legitimate or illegitimate, or parent and child.
any of his ascendants, or
descendants, or his spouse, shall be If the offender and the offended party,
guilty of parricide and shall be although related by blood and in the
punished by the penalty of reclusion direct line, are separated by an
perpetua to death. intervening illegitimate relationship,
parricide can no longer be
Q: What are the elements of this committed.
crime?
The only legitimate relationship that
A: can be bring about parricide is that
1. A person is killed; between parents and illegitimate
2. Deceased is killed by the children the offender and the
accussed; offended parties.
3. Deceased is the:
a. father, The presence of any of the qualifying
b. mother or circumstances in murder will be
c. child, whether legitimate or considered generic aggravating in
illegitimate or, parricide.
d. a legitimate other ascendant or
other descendant, or Note: The victim must not be less than
e. Legitimate spouse, of the 3 days old otherwise, the crime is
accused. infanticide.

Note: Parricide of spouse proof of Q: Suppose a stranger conspires in the

marriage. commission of the crime of parricide,
what is his criminal liability?
Illustration:
A: The stranger is liable for homicide or
murder, as the case may be, because
of the absence of relationship. The rule
of conspiracy that the act of one is the
act of all does not apply here
because of the personal relationship
of the offender to the offended party. It
is immaterial that he knew of the
relationship of the accused and the
deceased.
Q: To constitute parricide of a spouse,
what must be established?
A: There must be valid subsisting
marriage at the time of the killing.
Also, the information should allege the
fact of such valid marriage between
the accused and the victim.
Q: Suppose a Muslim who has three
wives, killed the third, is he liable for
parricide?
A: No, Muslim husbands with several
wives can be convicted of parricide
only in case the first wife is killed.
There is no parricide if the other wives
are killed although their marriage as
valid.
Ratio: A catholic man can commit the
crime only once. If a Muslim husband
could commit this crime more than
once, in effect, he is being punished
for the marriage which the law itself
authorized him to contract.
Q: What are the cases of parricide
where the penalty of Reclusion
Perpetua to Death shall not be
imposed?
A:
1. Parricide through negligence
(Art. 365).
2. Parricide through mistake (Art.
249)
3. Parricide under exceptional
circumstances ( Art. 247)
Q: What is the essential element of the
crime?
A: Relationship of the offender with the
victim is the essential element of the
crime. Hence if a person wanted to kill
a stranger but by mistake killed his
own father, he will be held liable for
parricide but Art. 49 will apply as
regards the proper penalty to be
imposed.
Note: The law does not require
knowledge of relationship, thus, a
person who killed another no knowing
that the latter was his son will still held
be guilty of parricide.
Q: If a person killed his/her adopted
child, would that constitute parricide?
A: No, since relationship of the
offender with the victim is the essential
element of this crime, killing an
adopted child even if adoption
confers on the adopted child all the
rights and privileges of a legitimate
child could not be parricide. It’s either
murder or homicide as the case
maybe.
Q: A killed:
1. A woman with whom he lived
without benefit of clergy,
2. Their child who is only two days
old,
3. Their daughter, and
4. Their adopted son.
What is the crime did A committed?
A: A committed the following crimes:
1. Homicide or murder as the case
may be for the killing of his common-
law wife who is not legally considered
a "spouse"
2. Infanticide for the killing of the
child as said child is less than 3 days
old. (Art. 255, RPC) However, the
penalty corresponding to parricide
shall be imposed since A is related to
the child within the degree defined in
the crime of parricide.
3. Parricide for the killing of their
daughter, whether legitimate or
illegitimate, as long as she is not less
than 3 days old at the time of the
killing.
4. Murder for the killing of their
adopted son as the relationship
between A and the said son must be
by blood in order for parricide to arise.
(1999 Bar question)
DEATH OR PHYSICAL INJURY
INFLICATED UNDER EXCEPTIONAL
CIRCUMSTANCES
(Art. 247)
Art. 247. Death or physical injuries
inflicted under exceptional
circumstances. — Any legally married
person who having surprised his
spouse in the act of committing sexual
intercourse with another person, shall
kill any of them or both of them in the
act or immediately thereafter, or shall
inflict upon them any serious physical
injury, shall suffer the penalty of
destierro.
If he shall inflict upon them physical
injuries of any other kind, he shall be
exempt from punishment.
These rules shall be applicable, under
the same circumstances, to parents
with respect to their daughters under
eighteen years of age, and their
seducer, while the daughters are living
with their parents.
Any person who shall promote or
facilitate the prostitution of his wife or
daughter, or shall otherwise have
consented to the infidelity of the other
spouse shall not be entitled to the
benefits of this article.
Q: What are the elements of art.247?
A:
1. A legally married person or a
parent surprises his spouse or his
daughter, the latter less than 18 years
of age and living with him, in the act
of committing sexual intercourse with
another person.
2. He or she kills any or both of
them or inflicts upon any or both of
them any serious physical injury in the
act or immediately thereafter
3. He has not promoted or
facilitated the prostitution of his wife or
daughter or that he or she has not
consented to the infidelity of the other
spouse.
Q: What are the two stages
contemplated under Art. 247?
A:
1. When the offender surprise the
other spouse with a paramour or
mistress.
a. The attack must take place
while the sexual intercourse is going
on. If the surprise was before or after
the intercourse, no matter how
immediate it may be, Art. 247 do not
apply.
2. When the offender kills or inflicts
serious physical injury upon the other
spouse and/or paramour while in the
act of intercourse, or immediately
thereafter, that is, after surprising.
Q: What is the nature of Art.147?
A: Art. 247 far from defining a felony is
more of exempting circumstances as
the penalty is intended more for the
protection of the accused than a
punishment. Put differently, it
practically grants a privilege
amounting to an exemption for
adequate punishment.
Q: What is meant by the phrase
“immediately thereafter"?
A: The phrase "immediately thereafter"
has been interpreted to mean that
between the surprising and the killing
of the inflicting of the physical injury,
there should be no interruption or
interval of time. In the other words, it
must be the continuous process.
Q: What is meant by the phrase "in the
act of committing sexual intercourse"?
A: It means there must be actual
sexual intercourse. It does not include
preparatory acts.
Q: Is it necessary that the spouse
actual saw the sexual intercourse?
A: No. It is not necessary that the
spouse actually saw the sexual
intercourse being committed. It is
enough that he/she surprised them
under such circumstances that no
other reasonable conclusion can be
inferred but that a carnal act was
being performed or has just been
committed.
The killing or infliction of physical
injuries must be in the act of sexual
intercourse or immediately thereafter.
Thus, where the accused surprise his
wife and her paramour in the carnal
act but when the latter ran away, he
first chased him an unable to catch up
with him, returned to his wife whom he
found at the stairs of their house, no
longer in the place where he saw her
having sex with the paramour and
killed her, he can avail of Art.247.
Illustration:
A bar examinee, who killed the
paramour of his wife in a mah-jong
session, an hour after he had surprised
them in the act of sexual intercourse in
his house, since at that time, he had to
run away and get a gun as the
paramour was armed, has granted the
benefits of this article.(people vs.
Abarca, 153 SCRA 735)
Q: What is the rationale for Art.247?
A: The law affords protection to a
spouse who is considered to have
acted in a justified outburst of passion
or a state of mental disequilibrium. The
offended spouse has no time to regain
his self-control.
Q: Under art. 247, is it required that the
victim is to be killed instantly by the
accused after surprising his spouse in
the act of intercourse?
A: No, what is required is the killing is
the proximate result of outrage
overwhelming the accused upon the
discovery of the infidelity of his
spouse. The killing should have been
actually motivated by the same blind
impulse.
Q: If death result or the physical
injuries are serious, what is the penalty
imposed under art. 247?
A: The penalty of destierro is meted
out on the offender. The banishment is
intended more for the protection of
the offender rather than a penalty.
Q: When third persons are injured in
the course of firing at the paramours,
will the offending spouse be free by
from criminal liability?
A: No, inflicting death or physical
injuries under exceptional
circumstances is not murder. The
offender cannot therefore be held
liable for frustrated murder for the
injuries suffered by third persons. It
does not mean, however, that the
offender is totally free from
responsibility. The offender can be
held liable for serious for serious
physical injuries through simple
imprudence or negligence.
a. The benefits of Art.247 apply
also to parents who shall surprise their
daughter below 18 years of age in
actual sexual intercourse while "living
with them".
b. The sexual act is between the
daughter and seducer.
c. The parents cannot invoke this
provision if, in a way, they have
encouraged the prostitution of the
daughter.
d. The parents need not be
legitimate.
e. This Article does not define a
crime. It provides for a defense, which
the accused must prove.
Q. What is the meaning of the phrase
"living with them"?
A: The phrase "living with them" is
understood to be in their own
dwelling, because of the
embarrassment and humiliation done
not only to the parent but also to the
parental abode, if it was done in a
motel, the article does not apply.
Q: A and B are husband and wife. A is
employed as a security guard at
Landmark, his shift being from 11:00
p.m. to 7:00 a.m. One night, he felt
sick and cold, hence, he decided to
go home around midnight after
getting permission from his duty
officer. Upon reaching the front yard of
his home, he notice that the light in the
master bedroom was on and that the
bedroom window was open.
Approaching the front door, he was
surprised to hear sighs giggles inside
the bedroom. He opened the door
very carefully and peeped inside were
he saw his wife B having sexual
intercourse with their neighbour C. A
rushed inside and grabbed C but the
latter managed to wrest himself free
and jump out of the window. A
followed suit and managed to catch C
again and after a furious struggle,
managed also struggle him to death.
A then rushed back to his bedroom
where his wife B was cowering under
the bed covers. Still enraged , A hit B
with fist blows and rendered her
unconscious. The police arrived after
being summoned by their neighbors
and arrested A who has detained,
inquested and charge for the death of
C and serious physical injuries of B.
a. Is A liable for C's death? Why?
b. Is A liable for B's injuries? Why?
A: Yes, A is liable for C's death but
under the exceptional circumstances
in Art. 247 of the Revised Penal Code,
where only destierro is prescribed Art
247 governs since A surprised his wife
B in the act of having sexual
intercourse with C, and the killing of C
was "immediately thereafter" as the
discovery, escape, pursuit and killing
of C from one continuous act (U. S. vs.
Vargas, 2 Phil. 194)
Likewise, A is liable for serious physical
injuries he inflicted on his wife B but
under the same exceptional
circumstances in Art. 247 of the
revised penal code, for the same
reason (2001 BAR QUESTION)
MURDER (ART. 248)
Art. 248. Murder. — Any person who,
not falling within the provisions of
Article 246 shall kill another, shall be
guilty of murder and shall be punished
by reclusion temporal in its maximum
period to death, if committed with any
of the following attendant
circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward,
or promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
street car or locomotive, fall of an
airship, by means of motor vehicles, or
with the use of any other means
involving great waste and ruin.
4. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic or
other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at
his person or corpse.
Q: What are the elements of murder?
A:
3. That the person was killed.
4. That the accused killed him;
5. That the killing was attended by
any of the qualifying circumstances
mentioned in Art. 248; and
6. That the killing is not parricide or
infanticide.
Q: What is Murder?
A: Murder is the unlawful killing of any
person which is not parricide or
infanticide, provided that any of the
following circumstances is present.
Q: When is there treachery?
A: There is treachery when the
offender commits any of the crime
against person employing means,
methods or form of the execution
thereof that tend directly and
specially to ensure its execution
without risk to himself arising from the
defense which the offended party
might make.
Note: Treachery is inherent in poison.
Abuse of superior strength is inherent
in and comprehended by treachery.
Illustration:
Killing of a child of t5ender age is
murder qualified by treachery
because the weakness of the child
due to his tender age results in the
absence of danger to the aggressor.
Q: What is the essence of treachery?
A: The essence of treachery is the
offended party is denied of the
chance to defend himself because of
the means, methods, form in
executing the crime deliberately
adopted by the offender. This is true
even if there is no intent to crime.
Note: While the circumstances of “by
a band" is not among those
enumerate that could qualify killing to
murder, it would seem that if the killer
constituted a band, the crime is
murder because the circumstances of
“with aid of armed men " is included in
the qualifying circumstances.
These circumstances however must be
alleged in the information otherwise
they will be considered only as
ordinary aggravating to the crime of
Homicide.
Illustration:
When victims are children of tender
age, age five, six or seven, killing is
always murder qualified by treachery
or abused or superior strength. (People
vs. Caritativo, 256 SCRA 1)
2 .In consideration of a price, reward
or promise;
For reward and promise to be
considered, the same must be the
primary consideration in the
commission of the crime of felony.
If these aggravating circumstances
are present in the commission of the
crime, it affects not only the person
who received the money or the
reward but also the person who gave
it.
1. By means of inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel, derailment or
assault upon a railroad fall of an
airship by of motor vehicles or with the
use of any other means involving
great waste and ruin;

Q: What is the crime committed if a
person is killed by fire?
A: The primordial criminal inter of the
offender is considered.
a. Murder- if the primordial
criminal inter of the offender is to kill
and fire was only used as a means to
do so.
b. Arson with homicide- if the
primordial criminal intent of the
offender is to destroy property with the
use of pyrotechnics and incidentally,
somebody within the premises is
killed.
Note: Arson with murder is not a
complex crime under art. 48. This is
single invisible crime penalize under
art. 326 , which is death as a
consequence of arson.
c. Arson- if the intent is to burn a
house but is just so happens that there
is somebody inside.
d. Homicide- if the burning is
resorted to as a joke but death
resulted.
e. Two separate of homicide and
arson- if fire is use to conceal the
killing of the victims.
Illustration:
To qualify killing of murder by means
of inundation, fire, poison, explosion,
shipwreck etc. the offender purpose
and design must be to kill the victim in
employing the various modes.
Thus, A and B to enhance further
merriment, poured gas on the cloth of
a mental retardate who continued
dancing while his cloth is on the fire to
the delight of the crowd gathered, are
not guilty of murder if the mental
retardate died of third degree burns
because the fire was employed not to
kill the victim, (People vs. Pugay, G.R.
No. 74314, November 17, 1988)
2. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake eruption of a volcano
destructive cyclone, epidemic or any
other public calamity.
The offender must have taken
advantage of the sane, and the
resultant condition.
3. With evident premeditation ;
For evident premeditation of qualify
killing to Murder, there must be proof,
as clear as the evidence of the crime
itself of the following elements: (a) the
time when the offender determined to
commit the crime; (b) an act of
manifestly indicating that the offender
clung to his or her determination; and
(c) a lapse of time between the
determination and the execution,
sufficient to allow the offender to
reflect upon the consequences of his
act.
4. With cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at
his person or corpse.
Cruelty includes the situation where
the victim is already dead and yet,
acts were committed which would
decry or scoff the corpse of the victim.
The crime becomes murder.
There is no cruelty if the act is the
result of an impulse of passion or
extreme obfuscation as such will be
inconsistent with the concept of
deliberateness in augmenting the
suffering the of victim.
Q: What is the difference of cruelty as
qualifying circumstances of murder
(Art. 248) cruelty as a generic
aggravating circumstance under art.
14?
A:
Cruelty under Art. 248 Cruelty under
Art . 14
Aside from cruelty, any act that would
amount to scoffing or decrying the
corpse of the victim will qualify the
killing to murder.
Requires that the victim be
alive, when the cruel wounds were
inflicted and, therefore, must be
evidence to that effect.
Q: Can murder be committed even if
at the beginning the offender has no
intention to kill the victim?
A: Yes, although generally, murder
can only be committed if at the outset,
the offender has intent to kill because
the qualifying circumstances must be
resorted to with a view of killing the
offended party.
However, if the offender may have not
intended to kill the victim but he only
wanted to commit a crime against
him in the beginning, he will still be
liable for murder if in the manner of
committing the felony there was
treachery and as a consequence
thereof the victim died.
Ratio: This is based on the rule that a
person committing a felony shall be
liable for the consequences thereof
although different from that which he
intended.
Note: One attendant circumstance is
enough to qualify the crimes as
murder and any other will be
considered as generic aggravating.
To be considered qualifying, the
particular circumstance must be
alleged in the information. Otherwise,
they will only be considered as
generic aggravating circumstance.
Q: When the qualifying circumstances
were not those proved in the trail, can
the accused be convicted of murder?
A: No, any of the qualifying
circumstances under art. 248 is an
ingredient of murder, not merely
qualifying circumstances. The
circumstances must be both alleged
and proved in the trail, otherwise, they
cannot be considered because the
right of the accused to be informed of
the charge against him will be
violated.
Q: A, a 76-years old woman, was
brought to the hospital in a coma with
slight cerebral hemorrhage. An
endotracheal tube was inserted in her
mouth to facilitate her breathing. B. a
hospital janitor, who had no business
in the emergency room, for reasons
known only to himself, removed the
plaster was replaced. But when the
doctor was gone, B came back and
removed the tube. The victim started
to convulse and bleed in the mouth.
Only the timely arrival if the nurse
prevented the patient's death. The
patient was then transferred to another
hospital where she died the next day
of cardiorespiratory arrest. Is b
criminally liable? If you believed so,
what crime was committed by B, if
any?
A: Yes, B is criminally liable for murder
(qualified by treachery) because the
death of A appears to be the
proximate cause of the overt acts of B.
Q: A died of cardiorespiratory arrest
which evidently was brought about by
the convulsion and bleeding in the
mouth of the victim due to the
removal by B of the endoctracheal
tube twice. Can the two acts of B can
be considered as the result of one
criminal design?
A: In people vs. umaging. 17 SCRA
166, the Supreme Court ruled that
removal of the endothracheal tube is
attempted murder qualified by
treachery because the patient did not
died. (1991 BAR QUESTION)
Homicide (Art. 249)
Art. 249. Homicide. — Any person
who, not falling within the provisions of
Article 246, shall kill another without
the attendance of any of the
circumstances enumerated in the next
preceding article, shall be deemed
guilty of homicide and be punished by
reclusion temporal.
Q: What is homicide?
A: Homicide is the unlawful killing of
any person, which is neither parricide
murder nor infanticide.
Q: What are the elements of
homicide?
A:
1. A person was killed;
2. Accused killed him without any
justifying circumstance;
3. Accused had the intention to
kill, which is presumed;
4. Killing was not attended by any
of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
Note: Intent to kill is conclusively
presumed when death resulted and
hence, need to be established.
Evidence of intent to kill is important
only in attempted or frustrated
homicide.
Physical injuries included as one of the
essential elements of the frustrated
homicide.
Q: Is there a crime of frustrated
homicide through reckless
imprudence?

A: None because intent is inherent in
frustrated or attempted homicide.
Note: The penalty shall be one degree
higher than the imposed by law when
the victim is less than 12 years of age.
Illustration:
When there is an agreement to fight
between the accused and the
deceased, the killing will always be
categorized as homicide, as
treachery cannot exist in that
scenario.
If a boxer killed his opponent in the
boxing bout duly licensed by the
government without any violation of
the governing rules and regulation,
there is no Homicide to speak of. If he
hit his opponent below the belt without
any intention to do so, it is Homicide
through Reckless Imprudence if the
latter died as a result. If he
intentionally hit his opponent on the
part of his body causing the death, the
crime is homicide.
Illustration:
The shooting of a peace officer who
was fully aware of the risks in pursuing
the malefactors when done in a spur
of the moment is only Homicide.
(People vs. Porras, 255 SCRA 514)
Q: What are the distinctions between
homicide and physical injuries?
A:
Homicide Physical injuries
In attempted or frustrated homicide,
there is intent to kill. There is no
intent to kill, however, if as a result of
the physical injuries inflicted, the
victim died, the crime will be
homicide
Ratio: The law punishes the result, and
not the intent of the act.
Q: If mortal wounds are inflicted but
those were due to negligence is
frustrated committed?
A: No the crime commented is serious
physical injuries thru reckless
imprudence because the element of
intent to kill in frustrated homicide is
incompatible with negligence or
imprudence.
Q: Suppose several assailants not
acting in conspiracy inflicted wounds
on the victim, but it cannot be
determined who inflicted which
wound which caused the death of the
victim who should be guilty for the
crime of homicide?
A: All of them are liable.
Q: If homicide or murder is committed
with the use of an unlicensed firearm,
how should the crime be
denominated?
A: The crime would only be homicide
or murder as the case may be, only
one offense is punished, the use of an
unlicensed firearm is only considered
as aggravating circumstances.
Q: What is accidental homicide?
A: Accidental homicide is death of a
person brought about by a lawful act
performed with proper care and skill,
and without homicidal intent.
DEATH CAUSED
IN A TUMULTUOUS AFFRAY (Art. 251)
Art. 251. Death caused in a tumultuous
affray. — When, while several persons,
not composing groups organized for
the common purpose of assaulting
and attacking each other
reciprocally, quarrel and assault each
other in a confused and tumultuous
manner, and in the course of the
affray someone is killed, and it cannot
be ascertained who actually killed the
deceased, but the person or persons
who inflicted serious physical injuries
can be identified, such person or
persons shall be punished by prision
mayor.
If it cannot be determined who
inflicted the serious physical injuries on
the deceased, the penalty of prision
correccional in its medium and
maximum periods shall be imposed
upon all those who shall have used
violence upon the person of the
victim.
Q: What is tumultuous affray?
A: Tumultuous affray simply means a
commotion in a tumultuous and
confused manner, to such as existent
that it would possible to identify who
the killer is if death results, or who
inflicted the serious physical injury, but
the person or persons who used
violence are not known.
Note: The participants must be more
than three considering the definition of
"tumultuous" under art. 153, third
paragraph, that the disturbance or
interruption shall be deemed to be
tumultuous if caused by more than 3
persons who are armed and provided
by means of violence.
Q: What are the elements of this
crime?
A:
1. There are several persons.
2. They did not compose group
organized for the common purposed
of resulting and attacking each other
reciprocally and assaulted one
another in a confused and tumultuous
manner.
3. Someone was killed in the
course of the affray.
4. If cannot be ascertained who
actually killed the deceased.
5. Person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Note: The article does not apply if
there is a concerted fight between two
organized groups.
This is what is known in local dialects
as "labo-labo". There riots in city jails
and /or muntinlupa brigades do not
fall under this article because the
participants are member of different
gangs.
If there is a conspiracy, this crime is
not committed.
Q: What brings about the crime of
tumultuous affray?
A: It is the inability to ascertain actual
perpetrator not a tumultuous affray
which about the crime. It is necessary
that the very person who caused the
dearth cannot be known not that he
cannot be identified.
Q: What is the crime committed if the
person who caused the death is
known but he cannot be identified?
A: If he is known but only his identify is
not known, he will be charged for the
crime of homicide or murder under a
fictitious name and not death in a
tumultuous affray.
Q: If the quarrel or rumble involving
organized groups resulted in the death
of a person and it cannot be identified
who in particular committed the
killing, what is the crime committed?
A: The crime would be homicide or
murder; there will be collective
responsibility on both sides.
Q: Who may be a victim under Art.
251?
A: The victim may be participant in the
affray or a mere passerby.
Illustration:
As long as it cannot be determined
who killed the victim, all of those
persons who inflicted serious physical
injuries will be collectively answerable
for the death of the fellow.
If those who inflicted the serious
physical injuries cannot be
ascertained too, then those who shall
have used violence upon the
deceased shall be punished by prison
correctional in its medium and
maximum periods. Even if participants
only kicked the accused, he would be
held liable for the death of the victim
although such act cannot result in the
death of the victim as those who
inflicted serious physical injuries are
undeterminable.
If those who actually killed the victim
can be determined, they will be the
ones to be held liable, and those who
inflicted serious or less serious or slight
physical injuries shall be punished for
said corresponding offenses provided
no conspiracy is establish with the
killers.
Q: Who may be liable for the death or
physical in tumultuous affray?
A:
7. The persons who inflicted serious
physical injury upon the victim.
8. If they could not be known, then
anyone one who may have employed
violence on that person will answer for
his death.
9. If nobody still be traced to have
employed violence upon the victim,
nobody will answer. The crimes
committed might be disturbance of
public order, or if participants are
armed, it could be tumultuous
disturbance, or if property was
destroyed, it could be malicious
mischief.
Physical Injuries Inflicted In a
Tumultuous Affray (Art .252)
Q: What are the Elements of this
crime?
A:
1. There is a tumultuous affray as
referred to in the preceding article;
2. physical injuries of a less serious
nature only;
3. Person responsible therefore
cannot be identified ;
4. All those who appear to have
used violence upon the person of the
offended party are known.
Q: What kind of injury is contemplated
in the crime of physical injuries in a
tumultuous affray?
A: The physical injury should be
serious or less serious and resulting
from a tumultuous affray. If the
physical injury sustained is only slight,
this considered as inherent in a
tumultuous affray.
Q: Who may be the victim under Art.
252?
A: The victim must be participant in
the affray.
Q: Who may be liable?
A: Only those who used violence are
because if the one who caused the
physical injuries is known, he will be
liable for the physical injuries actually
committed and not under his article.
GIVING ASSISTANCE TO SUICIDE (ART.
253)
Art. 253. Giving assistance to suicide.
— Any person who shall assist another
to commit suicide shall suffer the
penalty of prision mayor; if such
person leads his assistance to another
to the extent of doing the killing
himself, he shall suffer the penalty of
reclusion temporal. However, if the
suicide is not consummated, the
penalty of arresto mayor in its medium
and maximum periods, shall be
imposed.
Q: What are the punishable acts?
A:
1. Assisting another to commit
suicide is committed, whether the
suicide is consummated or not.
2. Lending assistance to another to
commit suicide to extent of doing the
killing himself.
Note: In this crime, the intention must
be for the person who is asking the
assistance of another to commit
suicide.
Penalty of the one giving assistance is
mitigated if suicide is not successful.
Q: What is the meaning of "giving
assistance to suicide"?
A: Giving assistance to suicide means
giving means (arms, poison, etc.) or
whatever manner of positive and
direct cooperation (intellectual aid,
suggestion regarding the mode of
committing suicide, etc.)
Q: Suppose the intention is not to
commit suicide, as when he just
wanted to have a picture taken of him
to impress upon the world that he is
committing a suicide because he is
not satisfied with the government,
what crime is committed by the
person giving assistance to facilitate
the said act.
A: The crime is inciting to sedition the
person giving the assistance becomes
a co-conspirator in the crime of
inciting to sedition but not of giving
assistance to suicide because the
assistance must be given to one who
is really determined to commit
suicide.
Q: what is the penalty if the person
from whom the assistance is sought
did the killing himself?
A: The penalty is reclusion temporal
similar to that of homicide
Illustration
Thus one who upon a plea of his friend
to pull the trigger of the gun which he
himself poked on the temple as he
could no longer bear the pain due to
a brain cancer squeezed the said
trigger causing the death of his long
suffering friend is liable under this
article.
Even if the suicide did not materialized
the person giving assistance to suicide
is also liable but the penalty shall be
one or two degrees lower depending
on whether it is frustrated or attempted
suicide.
Q: What is the difference between
giving assistance to suicide and
mercy killing or euthanasia?
A:
GIVING ASSISTANCE TO SUICIDE
MERCY KILLING OR EUTHANESIA
The principal actor is the person
committing the suicide The victim is
not in position to commit suicide
whoever would heed his advice is not
really giving assistance to suicide but
doing the killing himself
Note: In both the intention to end the
life comes from the victim himself .the
victim must presently induce the
offender to end his life
DISCHARGED OF FIREARM (Art 254)
Art. 254. Discharge of firearms. — Any
person who shall shoot at another with
any firearm shall suffer the penalty of
prision correccional in its minimum
and medium periods, unless the facts
of the case are such that the act can
be held to constitute frustrated or
attempted parricide, murder,
homicide or any other crime for which
a higher penalty is prescribed by any
of the articles of this Code.
Q: What are the elements of this rime?
A:
1. Offender discharges the firearm
against or at another person
2. Offender has no intention to kill
that person
Q: Can the crime of illegal discharge
be committed thru imprudence?
A: Because it requires that the
discharge must be directed at
another.
Q: what is the purpose of the offender
under this article?
A: The purpose of the offender is to
merely frighten or intimidate the
offended party.
Q: If the firearm is directed at a person
and the trigger was pressed but did
not fire. What crime is committed?
A: The crime is frustrated discharge of
discharge.
Q: If serious or less serious physical
injuries resulted from the discharge
.what crime is committed.
A: Supposed only slight physical
injuries resulted from the discharge,
what crime is/are committed?
There should be no intent to kill
Illustration
Firing a gun at a person even if merely
to frighten him to constitutes illegal
discharge of firearm.
If the firearm is not discharged at a
person, the act is not punished under
this article.
Q: Is the discharge towards the house
of the victim a discharge of firearm.
A: A discharge towards the house of
the victims is not discharge of a
firearm. Firing a gun at the house of
the offended party .not knowing in
what part of the house the people
were ,is only alarm under Art(155)
Note: Applicable to police officers in
the performance of their duties
If the firearm is unlicensed, the crime
of illegal possession of firearm is
absorbed and the offender cannot be
separately for that offense.
INFANTICIDE (Art 255)
Art. 255. Infanticide. — The penalty
provided for parricide in Article 246
and for murder in Article 248 shall be
imposed upon any person who shall
kill any child less than three days of
age.
If the crime penalized in this article be
committed by the mother of the child
for the purpose of concealing her
dishonor, she shall suffer the penalty of
prision correccional in its medium and
maximum periods, and if said crime
be committed for the same purpose
by the maternal grandparents or
either of them, the penalty shall be
prision mayor.
Q: What is infanticide?
A: It is the killing of any child less than
3 days or 72 hours of age ,whether the
killer is the parent or grandparent any
other relative .or a stranger.
Note: If the killer is the mother or the
father or legitimate grandparents,
although the crime is still infanticide
and not Parricide, the penalty
however, is that of parricide
Q: What are the elements of
infanticide?
A:
1. A child was killed by the
accused
2. Deceased child was less than 72
hours old
3. Accused killed the said child
Note: This is crime based on the age of
the victim .the victim should be less
than three days old
Q: Is concealment of dishonour is an
elements of infanticide?
A: No, it is not an element of
infanticide .it merely lower the penalty
Only the mother and maternal
grandparents of the child are not
entitled to the mitigating circumstance
of concealing dishonour.
Other person who kills or who
cooperates with the mother or
maternal grandparent in killing a child
less than 3 days old will suffer the
penalty of murder.
Q: What are the distinctions between
infanticide and parricide if the
offender is the blood relative, e.g.
parent, of the child?
A:
Infanticide Parricide
The age of the victim is less than three
days old. The victim is three days
old or above.
If done in conspiracy with a stranger,
both the parent and the co-
conspirator are liable for infanticide.
The co-conspirator is liable for
murder because of the absence of
relationship.
Concealment of dishonour in killing
the child is mitigating. Concealment
of dishonour in killing the child is not a
mitigating circumstance.
Note: In both, there is intent to kill the
child.
Q: Suppose the child is abandoned
without any intent to kill and death
results as a consequence, what crime
is committed?
A: The crime committed is
abandonment not infanticide.
INTENTIONAL ABORTION (Art. 256)
Art. 256. Intentional abortion. — Any
person who shall intentionally cause
an abortion shall suffer:
1. The penalty of reclusion temporal, if
he shall use any violence upon the
person of the pregnant woman.
2. The penalty of prision mayor if,
without using violence, he shall act
without the consent of the woman.
3. The penalty of prision correccional
in its medium and maximum periods, if
the woman shall have consented.
Q: What is abortion?
A: Abortion is the wilful killing of the
fetus in the uterus, or the violent
expulsion of the fetus from the
maternal womb which results in the
death of the fetus.
Q: In what ways the crime of
intentional abortion may be
committed?
A:
1. Using any violence upon the
person of the pregnant woman.
2. By administering drugs or
beverages upon such pregnant
woman without her consent.
3. By administering drugs or
beverages, with the consent of the
pregnant woman.
Q: Who are the elements of intentional
Abortion?
A:
1. There is a pregnant woman;
2. Violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
3. As a result of the use of violence
or drugs or beverages upon her, or
any other act of the accused, the fetus
dies, either in the womb or after
having been expelled therefrom;
4. Abortion is intended.
Q: Who are the persons liable in
Intentional Abortion?
A:
1. The person who intentionally
caused abortion under Art. 256;
2. The pregnant woman if she
consented under Art. 258.
Note: Abortion is not a crime against
the woman but against the fetus.
Offender must know of the pregnancy
because the particular criminal
intention is to cause an abortion.
Q: Who may be held liable under this
article?
A: The one liable under this article is
the person who intentionally caused
the abortion. The woman is liable
under Art. 258 (Abortion) if she
consented to the abortion caused on
her.
Q: What determines personality?
A: Under the Article 40 of the Civil
Code, birth determines personality. A
person is considered born at the time
when the umbilical cord is cut. He
then acquires a personality separate
from the mother.
But even though the umbilical cord
has been cut, Article 41 of the Civil
Code provides that if the fetus had an
intra-uterine life of less than seven
months, it must survive at least 24
hours after the umbilical cord is cut for
it to be considered born.
As long as the fetus dies as a result of
the violence used or drugs
administered, the crime of abortion
exist even if the fetus is over or less
than 6 months, or is full term.
If the fetus could sustain an
independent life, the fetus must have
an intrauterine life of not less than 7
months, after its separation from the
maternal womb, and it is killed, the
crime is infanticide and not abortion.
Q: Should the fetus die to consummate
abortion?
A: Yes, fetus must die in consummated
abortion. If it is intentional abortion
and the fetus does not die, it is
frustrated intentional abortion when all
the acts of execution have been
performed by the offender.
If the abortion is not intended and the
fetus does not die, is spite of the
violence intentionally exerted, the
crime may only be physical injuries.
There is no crime of frustrated
unintentional abortion in view of the
lack of intention to cause an abortion.
Q: What is the difference between
abortion and infanticide?
A:
ABORTION INFANTICIDE
The victim is not viable but remains to
be a fetus. The victim is already a
person less than 3 days old or 72 hours
and is viable or capable of living
separately from the mother’s womb.
No mitigation for parents of pregnant
woman even if the purpose is to
conceal dishonor. The mother and
maternal grandparents of the child are
entitled to the mitigating circumstance
of concealing the dishonor.
Q: Suppose the mother as
consequence of abortion suffers death
or physical injuries, what crime is
committed?
A: The crime is complex crime of
murder or physical injuries with
abortion.
Q: If despite the employment of
sufficient and adequate means to
effect abortion, the fetus that is
expelled from the mother’s womb is
viable but an unable to sustain life
outside the maternal womb, what
crime is committed?
A: The crime is frustrated abortion,
because abortion is consummated
only if the fetus is dead.
Q: Suppose the expelled viable fetus
could sustain an independent life from
the mother’s womb, what crime is
committed?
A: The crime is already infanticide.
Q: Suppose the means employed in
abortion are inadequate or
insufficient, what is the crime
committed?
A: The crime would be an impossible
crime of abortion.
UNINTENTIONAL ABORTION (Art. 257)
Art. 257. Unintentional abortion. — The
penalty of prision correccional in its
minimum and medium period shall be
imposed upon any person who shall
cause an abortion by violence, but
unintentionally.
Q: What are the elements of
unintentional abortion?
A:
1. There is a pregnant woman;
2. Violence is used upon such
pregnant woman without intending an
abortion;
3. Violence is intentionally
exerted;
4. As a result of the violence the
fetus dies, either in the womb or after
having been expelled there from.
Illustration:
Unintentional abortion requires
physical violence inflicted
deliberately and voluntarily by a third
person upon the person of the
pregnant woman. Hence, if A pointed
a gun at a pregnant lady who
became so frightened, causing her
abortion, he is not liable for
Unintentional Abortion as there was no
violence exerted if he intended the
abortion however, his crime in
Intentional Abortion.
The force or violence must come from
another.
Mere intimidation is not enough unless
the degree of intimidation already
approximates violence.
Q: Is the crime of unintentional
abortion committed if the pregnant
woman aborted because of
intimidation?
A: No, the crime committed is not
unintentional abortion because there
is no violence; the crime committed is
light threats.
Q: Suppose a quarrel ensued between
a husband and a wife who was
pregnant at the time. Violence was
resorted to by the husband and as a
result, the wife had an abortion and
died, what is the crime committed?
A: The crime committed is the
complex crime of parricide with
unintentional abortion.
Q: Suppose a quarrel ensued between
two women, X and Y who was then
two months on the family way. X has
no knowledge that Y is pregnant ad
being a sports buff that she is, gave Y
a hard blow on the stomach. As a
result, Y has an abortion. Is X liable for
unintentional abortion despite her lack
of knowledge of Y’s pregnancy?
A: Yes, X is still liable for unintentional
abortion despite the fact that she had
no knowledge of Y’s pregnancy.
Ratio: Under Article 4, paragraph 1 of
the RPC, any person committing a
felony is criminally liable for all the
direct, natural, and logical
consequences of his felonious acts
although it may be different from that
which is intended. The act of
employing violence or physical force
upon the woman is already a felony. It
is not material if offender knew about
the woman being pregnant or not.
Q: Suppose a pregnant woman
decided to commit suicide. She
jumped out of a window of a building
but she landed on a passerby. She did
not die but an abortion followed. Is she
liable for unintentional abortion?
A: No. What is contemplated in
unintentional abortion is that the force
or violence must come from another.
In this case, where the woman tried to
commit suicide, suicide attempt is not
a felony under the RPC.
Q: Suppose, the pregnant woman
employed violence to her specifically
calculated to bring about abortion,
what crime was committed by her?
A: The woman is liable for intentional
abortion.
Q: If the abortive drug used in abortion
is a prohibited drug or regulated drug
under R.A. 9165 or the Dangerous
Drugs Act, what are the crimes
committed?
A: The crimes committed are:
a. Intentional abortion; and
b. Violation of RA 9165
ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS (Art. 258)
Art. 258. Abortion practiced by the
woman herself of by her parents. —
The penalty of prision correccional in
its medium and maximum periods
shall be imposed upon a woman who
shall practice abortion upon herself or
shall consent that any other person
should do so.
Any woman who shall commit this
offense to conceal her dishonor, shall
suffer the penalty of prision
correccional in its minimum and
medium periods.
If this crime be committed by the
parents of the pregnant woman or
either of them, and they act with the
consent of said woman for the
purpose of concealing her dishonor,
the offenders shall suffer the penalty of
prision correccional in its medium and
maximum periods.
Q: What are the elements of this
crime?
A:
1. There is a pregnant woman who
has suffered an abortion;
2. Abortion is intended;
3. Abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her
consent for the purpose of concealing
her dishonor.
Note: The liability of pregnant woman
is mitigated purpose is to conceal
dishonor. However, there is no
mitigation for the parents of the
pregnant women even if their purpose
is to conceal their daughter’s dishonor
unlike in infanticide.
ABORTION PRACTICED BY A PHYSICIAN
OR MIDWIFE AND DISPENSING OF
ABORTIVES (Art. 259)
Art. 259. Abortion practiced by a
physician or midwife and dispensing
of abortives. — The penalties provided
in Article 256 shall be imposed in its
maximum period, respectively, upon
any physician or midwife who, taking
advantage of their scientific
knowledge or skill, shall cause an
abortion or assist in causing the same.
Any pharmacist who, without the
proper prescription from a physician,
shall dispense any abortive shall suffer
arresto mayor and a fine not
exceeding 1,000 pesos.
Q: What are the elements of this
crime? (as to Physician or Midwife)
A:
a. There is a pregnant woman who
has suffered an abortion;
b. Abortion is intended;
c. Offender, who must be a
physician or midwife, causes, or assists
in causing the abortion;
d. Said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
Q: What are the elements of this
crime? (as to pharmacist)
A:
1. Offender is a pharmacist;
2. There is no proper prescription
from physician;
3. Offender dispenses any
abortive.
As to pharmacist, crime is
consummated by dispensing abortive
without proper prescription from a
physician. It is not necessary that the
abortive was actually used.
It is immaterial that the pharmacist
knows that the abortive would be used
for abortion. Otherwise, he shall be
liable as an accomplice should
abortion result from the use thereof.
Q: Suppose the abortion is produced
by a physician to save the life of the
mother, is the physician liable for
abortion under Art. 259?
A: No, the physician is not liable for
abortion under Art. 259. This is known
as a therapeutic abortion. In this case,
there is a medical necessity which
would warrant abortion. Simply put,
there must be no other practical or
less harmful means of saving the life of
the mother to make the abortion
justified.
Q: Suppose the abortion is performed
by a physician without medical
necessity to warrant such abortion
and the woman or her husband
consented, is the physician liable for
abortion under Art. 259?
A: Yes, the physician remains liable for
abortion. The consent of the woman or
her husband is not enough to justify
abortion.
RESPONSIBILITY OF PARTICIPANTS IN A
DUEL (Art. 260)
Art. 260. Responsibility of participants
in a duel. — The penalty of reclusion
temporal shall be imposed upon any
person who shall kill his adversary in a
duel.
If he shall inflict upon the latter
physical injuries only, he shall suffer
the penalty provided therefor,
according to their nature.
In any other case, the combatants
shall suffer the penalty of arresto
mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be
punished as accomplices.
Q: What is a duel?
A: Duel is a formal or regular combat
previously consented between two
parties in the presence of two or more
seconds of lawful age on each side,
who make the selection of arms and
fix all the other conditions of the fight
to settle some antecedent quarrel.
Q: What are the punishable acts?
A:
1. Killing one’s adversary in a duet.
2. Inflicting upon such adversary
physical injuries.
3. Making a combat although no
physical injuries have been inflicted.
Q: Who are the persons liable?
A:
1. The person who killed or
inflicted physical injuries upon his
adversary, or both combatants in any
other case, as principals.
2. The seconds, as accomplices.
Illustration:
A mere fight as result of an agreement
is not necessarily a duel because a
duel “implies an agreement to fight
under determined conditions and with
the participation and intervention of
seconds, who fix such conditions.”
If the fight is not a duel as defined
under Art. 260, the resulting death or
injury is as homicide, murder or
physical injuries, as the case may be.
If the accused and the deceased,
after a verbal heated argument in a
bar, left the place at the same time
and pursuant to their agreement, went
to the plaza to fight each other to
death with knives which they bought
on the way, the facts do not constitute
the crime of dueling since there were
no seconds who fixed the conditions
of the fight in a more or less formal
manner. If one is killed, the crime
committed would be Homicide.
CHALLENGING TO A DUEL (ART. 261)
Art. 261. Challenging to a duel. — The
penalty of prision correccional in its
minimum period shall be imposed
upon any person who shall challenge
another, or incite another to give or
accept a challenge to a duel, or shall
scoff at or decry another publicly for
having refused to accept a challenge
to fight a duel.
Q: What are the punishable acts?
A:
1. Challenging another to a duel.
2. Inciting another to give or
accept a challenge to a duel.
3. Scoffing at or decrying another
publicly for having refused to accept
a challenge to fight a duel.
Note: The punishable act is to a duel
not challenge to a duel not challenge
to a fight. If it is only challenge to a
fight, the crime could be Light Threats
under Act. 285 (2).
Q: Who are the persons liable?
A:
1. Challenger, and
2. Instigators.
CHAPTER TWO:
PHYSICAL INJURIES
MUTILATION (Art. 262)
Art. 262. Mutilation. — The penalty of
reclusion temporal to reclusion
perpetua shall be imposed upon any
person who shall intentionally mutilate
another by depriving him, either totally
or partially, or some essential organ of
reproduction.
Any other intentional mutilation shall
be punished by prision mayor in its
medium and maximum periods.
Q: What is mutilation?
A: Mutilation is the lopping or the
clipping off of some part of the body
which is not susceptible to growth
again.
Q: What are the kinds of mutilation?
A:
1. Intentionally mutilating another
by depriving him, either totally or
partially, of some essential organ for
reproduction.
Elements:
a. There be a castration, that is
mutilation of organs necessary for
generation, such as the penis or
ovarium;
b. The mutilation is caused
purposely and deliberately, that is, to
deprive the offended party of some
essential organ for reproduction.
2. Intentionally making other
mutilation, that is, by lopping or
clipping off any part of the body of the
offended party, other than the
essential organ for reproduction, to
deprive him of that part of his body.
Q: Must mutilation be intentional?
A: Yes. Thus, it cannot be committed
through criminal negligence.
Mayhem refers to any other intentional
mutilation.
Under R.A. 7610, the penalty for the
second type of mutilation shall be one
degree higher when the victim is
below 12 years old.
There must be no intent to kill
otherwise the offense is attempted or
frustrated. Homicide or Murder as the
case may be.
Q: Suppose, there is no intent to
deprive victim of particular part of
body, what is the crime committed?
A: The crime is only serious physical
injury.
Note: Cruetly, as understood in Art. 14
(21), is inherent in mutilation and in
fact, that is the only felony where said
circumstance is an integral part and is
absorbed therein. If the victim dies,
the crime is murder qualified by
cruelty, but the offender may still
claim and prove that he had no
intention to commit so grave a wrong.
SERIOUS PHYSICAL INJURIES (Art. 263)
Art. 263. Serious physical injuries. —
Any person who shall wound, beat, or
assault another, shall be guilty of the
crime of serious physical injuries and
shall suffer:
1. The penalty of prision mayor, if in
consequence of the physical injuries
inflicted, the injured person shall
become insane, imbecile, impotent,
or blind;
2. The penalty of prision correccional
in its medium and maximum periods, if
in consequence of the physical
injuries inflicted, the person injured
shall have lost the use of speech or
the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use
of any such member, or shall have
become incapacitated for the work in
which he was therefor habitually
engaged;
3. The penalty of prision correccional
in its minimum and medium periods, if
in consequence of the physical
injuries inflicted, the person injured
shall have become deformed, or shall
have lost any other part of his body, or
shall have lost the use thereof, or shall
have been ill or incapacitated for the
performance of the work in which he
as habitually engaged for a period of
more than ninety days;
4. The penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period, if
the physical injuries inflicted shall
have caused the illness or incapacity
for labor of the injured person for more
than thirty days.
If the offense shall have been
committed against any of the persons
enumerated in Article 246, or with
attendance of any of the
circumstances mentioned in Article
248, the case covered by subdivision
number 1 of this Article shall be
punished by reclusion temporal in its
medium and maximum periods; the
case covered by subdivision number
2 by prision correccional in its
maximum period to prision mayor in
its minimum period; the case covered
by subdivision number 3 by prision
correccional in its medium and
maximum periods; and the case
covered by subdivision number 4 by
prision correccional in its minimum
and medium periods.
The provisions of the preceding
paragraph shall not be applicable to
a parent who shall inflict physical
injuries upon his child by excessive
chastisement.
Q: How is the crime of serious physical
injuries committed?
A: By:
1. Wounding,
2. Beating,
3. Assaulting, or
4. Administering injurious
substance.
Q: What are serious physical injuries?
A:
1. When the injured person
becomes insane, imbecile, impotent
or blind in consequence of the
physical injuries inflicted.
2. When the injured person
a. Loses the use of speech or the
power to hear or to smell, or loses an
eye, a hand, a foot, an arm or a leg,
or
b. Loses the use of any such
member, or
c. Becomes incapacitated for the
work in which he was theretofore
habitually engaged in consequence
of the physical injuries inflicted.
3. When the injured
a. Becomes deformed, or
b. Loses any other member of his
body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for
the performance of the work in which
he was habitually engaged for more
than 90 days, in consequence of the
physical injuries inflicted.
4. When the injured person
becomes ill or incapacitate for labor
for more than 30 days (but must not be
more than 90 days), as a result of the
physical injuries inflicted.
Q: What is the nature of physical
injuries?
A: The crime of physical injuries is a
formal crime because it is penalized
on the basis of the gravity of the injury
sustained. What is punished is the
consequence and not the stage of
execution. Hence, it is always
consummated. It cannot be
committed in the attempted or
frustrated stage.
Note: There must be no intent to kill,
otherwise, the crime would be
frustrated or attempted murder,
parricide, homicide as the case, may
be.
Intent to kill is a specific criminal intent
that must be conclusively proved in
case of physical injuries only.
Ratio: When death results, intent to kill
is a general intent which is
conclusively presumed, hence, if
death results, even without intent to
kill, the crime is homicide, at least.
Q: If the offender repeatedly uttered “I
will kill you” but he only keeps on
boxing the offended party and injuries
resulted, what is the crime committed?
A: The crime is only physical injuries
not attempted or frustrated homicide.
Q: How then is intent to kill
determined?
A: Intent to kill must be manifested by
overt acts. It cannot be manifested by
oral threats.
Note: When physical injuries resulted
to deformity, it is at once classified as
serious physical injuries.
Q: What are the requisites of
deformity?
A:
1. Physical ugliness
2. Permanent and definite
abnormality
3. Conspicuous and visible
Illustration
If the loss of teeth is visible and impairs
the appearance of the injured party, it
constitutes disfigurement.
The substitution of the artificial teeth for
the natural teeth does not repair the
injury.
A scar produced by an injury can be
considered deformity. However, it
should not be on the part of the body
of the victim which is usually covered
by dress or clothes.
Illustrations:
a. Loss of molar tooth – this is not
deformity as it is not visible.
b. Loss of permanent front tooth –
this is deformity as it is visible and
permanent.
c. Loss of milk front tooth – this is
not deformity as it is visible but will be
naturally replaced.
Q: Suppose X threw acid on the face
of Y. were it not for timely medical
attention, a deformity would have
been produced on the face of Y. after
the plastic surgery, Y became more
handsome than before the injury.
What crime was committed? In what
stage was it committed?
A: The crime is serious physical injuries
because the problem itself states that
the injury would have produced a
deformity. The fact that the plastic
surgery removed the deformity is
immaterial because in law, what is
considered is not the artificial
treatment but the natural healing
process.
Q: What are the qualifying
circumstances of serious physical
injuries?
A:
1. If it is committed against any of
the persons referred to in the crime of
parricide.
2. If any of the circumstances
qualifying murder attended its
commission.
Illustration:
A father who inflicts serious physical
injuries upon his son will be liable for
qualified serious physical injuries.
Impotence includes inability to
copulate and sterility.
Blindness requires loss of vision in both
eyes. Mere weakness in vision is not
contemplated.
Loss of the power to hear must involve
both ears. Otherwise it will be
considered as serious physical injuries
under par 3.
Loss of the power to hear in the right
ear is considered as merely loss of
used of some other part of the body.
Note: when the category of the
offense of serious physical injuries
depends on the period of the illness or
incapacity for labor, there must be
evidence of the length of that period.
Otherwise, the offense will only be
considered as slight physical injuries.
Q: What distinguishes physical injuries
from mutilation?
A: The mutilation must have been
caused purposely and deliberately to
lop or clip off some part of the body so
as to deprive the offended party of
such part of the body, this special
intention is not present in other kinds of
physical injuries.
Q: What are the differences between
physical injuries and attempted or
frustrated Homicide?
A:
PHYSICAL INJURIES ATTEMPTED OR
FRUSTRATED HOMICIDE
The offender inflicts physical injuries.
Attempted homicide may be
committed even if no physical injuries
are inflicted.
Offender has no intention to kill the
offended party. The offender has
intent to kill the offended party.
ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES (Art. 264)
Art. 264. Administering injurious
substances or beverages. — The
penalties established by the next
preceding article shall be applicable
in the respective case to any person
who, without intent to kill, shall inflict
upon another any serious, physical
injury, by knowingly administering to
him any injurious substance or
beverages or by taking advantage of
his weakness of mind or credulity.
Q: What are the elements of this
crime?
A:
1. Offender inflicted upon another
any serious physical injury;
2. It was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity;
3. He had no intent to kill.
Note: To “administer” an injurious
substance or beverage means to
direct or cause said substance or
beverage to be taken orally by the
injured person, who suffers serious
physical injuries as a result.
There must be no intent to kill;
otherwise, frustrated murder will be
committed.
It does not apply when the physical
injuries that result are less serious or
light, they will be treated under Art.
265 or 266, as the case may be.
LESS SERIOUS PHYSICAL INJURIES
(Art. 265)
Art. 265. Less serious physical injuries.
— Any person who shall inflict upon
another physical injuries not described
in the preceding articles, but which
shall incapacitate the offended party
for labor for ten days or more, or shall
require medical assistance for the
same period, shall be guilty of less
serious physical injuries and shall
suffer the penalty of arresto mayor.
Whenever less serious physical
injuries shall have been inflicted with
the manifest intent to kill or offend the
injured person, or under
circumstances adding ignominy to the
offense in addition to the penalty of
arresto mayor, a fine not exceeding
500 pesos shall be imposed.
Any less serious physical injuries
inflicted upon the offender's parents,
ascendants, guardians, curators,
teachers, or persons of rank, or
persons in authority, shall be punished
by prision correccional in its minimum
and medium periods, provided that, in
the case of persons in authority, the
deed does not constitute the crime of
assault upon such person.
Q: What are the elements of this
crime?
A:
1. Offended party is incapacitated
for labor for 10 days or more (but not
more than 30 days), OR needs
medical attendance for the same
period of time;
2. Physical injuries must not be
those described in the preceding
articles.
Q: What are the qualifying
circumstances of less serious physical
injuries?
A:
1. When there is manifest intent to
insult or offend the injured person.
2. When there are circumstances
adding ignominy to the offense.
3. When the victim is the offender’s
parents, ascendants, guardians,
curators or teachers;
4. When the victim is a person of
rank or person in authority, provided
the crime is not direct assault.
Note: The disjunctive conjunction “OR”
above means that it is either
incapacity for work for 10 days or
more OR the necessity of medical
attendance for an equal period which
will make the crime of less serious
physical injuries.
In the absence of proof as to the
period of the offended party’s
incapacity for labor or of required
medical attendance, offense
committed is only slight physical
injuries.
The phrase “shall require” refers to the
period of actual medical attendance.
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT (Art.266)
Art. 266. Slight physical injuries and
maltreatment. — The crime of slight
physical injuries shall be punished:
1. By arresto menor when the offender
has inflicted physical injuries which
shall incapacitate the offended party
for labor from one to nine days, or
shall require medical attendance
during the same period.
2. By arresto menor or a fine not
exceeding 20 pesos and censure
when the offender has caused
physical injuries which do not prevent
the offended party from engaging in
his habitual work nor require medical
assistance.
3. By arresto menor in its minimum
period or a fine not exceeding 50 RAPE
pesos when the offender shall ill-treat (ART. 266-A)
another by deed without causing any (RA 8353)
injury.
Q: How is rape committed?
Q: What are the kinds of slight physical
injuries and maltreatment? A:
A: 1. By a man who shall have carnal
1. Physical injuries which knowledge of a woman.
incapacitated the offended party for
labor from 1 to 9 days, or required Elements:
medical attendance during the same 1. Offender is a man;
period. 2. Offender had carnal knowledge
2. Physical injuries which did not of a woman;
prevent the offended party from 3. Such act is accomplished under
engaging in his habitual work or which any of the following circumstances;
did not require medical attendance. a. Through force, threat or
3. Ill-treatment of another by deed intimidation;
without causing any injury. b. When the offended party is
Note: slapping the offended party is a deprived of reason or is otherwise
form of ill-treatment which is a form of unconscious;
slight physical injuries. c. By means of fraudulent
Supervening event converting crime machination or grave abuse of
into serious physical injuries after filing authority;
of information can still be a subject of d. When the offended party is
a new charge. under 12 years of age or is demented,
Q: A disagreement ensued between even though none of the
Sharon and Cherrie who led to a circumstances mentioned above be
slapping incident, Cherrie gave a twin present.
slaps on Sharon’s beautiful face. What 2. Sexual assault
is the felony committed by Cherrie,
the one who slapped? Elements:
A: a. Offender commits an act of
1. Slander by deed – if the sexual assault;
slapping is done to cast dishonor to b. The act of sexual assault is
the person slapped. committed by any of the following
2. Ill-treatment – if the slapping means:
was done without the intention of i. By inserting his penis into
casting dishonor, or to humiliate or another person’s mouth or anal orifice;
embarrass the offended party out of a or
quarrel or anger. ii. By inserting any instrument or
object into the genital or anal orifice
CHAPTER THREE: RAPE of another person;
c. The act of sexual assault is
accomplished under any of the
following circumstances:
i. By using force or intimidation; or
ii. When the woman is deprived of
reason or otherwise unconscious; or
iii. By means of fraudulent
machination or grave abuse of
authority; or
iv. When the woman is under 12
years of age or demented.
Note: under RA 8353, crime of rape
can now be committed by a male or
female.
When offender in rape has an
ascendancy or influence over the
victim, it is not necessary that the latter
put up a determined resistance.
Rape may be proved by the
uncorroborated testimony of the
offended woman.
Q: Is there a crime of frustrated rape?
A: none. The slightest penetration or
mere touching of the genitals
consummates the crime of rape.
Illustration:
When a woman is under 12 years of
age or is demented, sexual
intercourse with her is always rape. In
fact, even if the sexual intercourse
was with her consent, the man is
liable.
Q: What are the effects of the
reclassification of rape into crime
against persons?
A:
1. The procedural requirement of
consent of the offended party to file
the case is no longer needed because
this is now a “public crime” unlike
when it was still classified as a crime
against chastity.
2. There is now an impossible
crime of rape because impossible
crimes can only be committed against
persons.
Q: What are the kinds of rape under
R.A. 8353?
A:
1. Traditional concept under 335 –
carnal knowledge with a woman
against her will. The offended party is
always a woman and the offender is
always a man.
2. Sexual assault – committed with
an instrument or an object or use of
the penis with penetration of mouth or
anal orifice. The offended party or the
offender can either be man or
woman, that is, if a woman or a man
uses an instrument on anal orifice of
male, she or he can be liable for rape.
Q: What is the necessary degree of
force?
A:
1. Force sufficient to consummate
culprit’s purpose;
2. Consider age, size and strength
of parties and their relation to each
other.
People of the Philippines V. Alvin
Abulon
(G.R. No. 174473, 17 August 2000)
Republic Act (R.A) 8353, otherwise
known as the Anti-Rape Law of 1997,
the concept of rape was
revolutionized with the new
recognition that the crime should
include sexual violence on the
woman’s sex-related orifices other
than her organ, and be expanded as
well to cover gender-free rape.
Paragraph 1 under Section 2 of R.A.
8353, which is now Paragraph 1 of the
new Article 266-A of the Revised Penal
Code (RPC), covers rape through
sexual intercourse while paragraph 2
refers to rape by sexual assault. Rape
through sexual intercourse is also
denominated as “organ rape” or
“penile rape”. On the other hand rape
by sexual assault is otherwise called
“instrument or object rape”, also
“gender-free rape,” or the narrower
“homosexual rape”.
The differences between the two
modes of committing rape are the
following:
1. In the first mode, the offender is
always a man, while in the second,
the offender may be a man or a
woman;
2. In the first mode, the offended
party is offended party may be a man
or a woman;
3. In the first mode, rape is
committed through penile penetration
of the vagina, while the second is
committed by inserting the penis into
another person’s mouth or anal orifice,
or any instrument or object into the
genital or anal orifice of another
person; and
4. The penalty for rape under the
first mode is higher than that under the
second.
In view of the material differences
between the two modes of rape, the
first mode is not necessarily included
in the second, and vice-versa. Thus,
Abulon cannot be found guilty of rape
by sexual assault although it was
proven, as the charge against him is
rape through carnal knowledge.
Otherwise, there will be a violation of
his constitutional right to be informed
of the nature and cause of the
accusation against him.
However, following the variance
doctrine embodied in Section 4, in
relation to Section 5, Rule 120, Rules of
criminal Procedure, appellant can be
found guilty of the lesser crime of acts
of lasciviousness. Section 4 states that
“when there is a variance between
the offense charged in the complaint
or information and that proved, and
the offense as charged is included in
or necessarily includes the offense
proved, the accused shall be
convicted of the offense proved which
is included in the offense charged, or
of the offense charged which is
included in the offense proved.”
Section 5 gives the test on determining
when an offense includes or is
included in another. It is when some of
the essential elements or ingredients
of the former constitutes the latter.
Applying it in the instant case, the
offense proved, which constitute acts
of lasciviousness, is necessarily
included in the offense charged which
is qualified rape.
Q: Geronimo a teacher was tried and
convicted for twelve counts of rape for
the sexual assaults he, on several
occasions, inflicted on one of his
students by inserting his penis in the
victim’s mouth. On appeal, Geronimo
contends that the acts complained of
do not fall within the definition of rape
as defined in the R__ particularly that
rape is a crime committed by man
against a woman. Is Geronimo
contention correct?
A: Geronimo’s contention is incorrect.
Rape be committed notwithstanding
the fact that person involved are both
males. The definition of the crime of
rape has been expanded with the
enactment R.A. 8353, as the Anti-Rape
Law of 1997 includes not only “rape by
sexual intercourse also “rape by
sexual assault.” R.A 8353 proven that
“An act of sexual assault can be
committed to any person who inserts
his penis into the mouth of anal orifice,
or any instrument or object into the
genital or anal orifice, of another
person. The unlike rape under the first
paragraph of article 266-A of the
code, has not made any distinction of
sex of either the offender or the victim.
Neither must the courts make such
distinction. {Geronimo Ordinario v.
People of the Philippines and Court of
Appeals G.R. No. 155415 May 20,
2004).
Q: Jason (the accused) contends that
he
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Q: Is the victim’s reputation
considered in prosecution for rape?
A: The victim’s character or reputation
of immaterial in rape, there being
absolutely no need between it and the
odious deed committed woman of
loose morals could still be the victim
rape, the essence thereof being
carnal knowledge of a woman without
her consent.
Q: When is it considered as Qualified
Rape?
A: With the occurrence of the ff., thus
rape is punishable by death
1. When by reason or on occasion
of the rape, a homicide is committed.
2. When victim is less than 18 years
of age and the offender is a parent,
ascendant, stepparent, guardian,
relative by consanguinity or affinity
within the third civil degree, or the
common law spouse of the parent of
the victim.
A stepbrother or stepsister relationship
between the offender and the
offended party cannot elevate the
crime to “qualified rape” because
they are not related either by blood or
affinity.
The enumeration is exclusive. Hence
the common law husband of the
victim’s grandmother is not included.
3. When victim is under the
custody of the police or military
authorities or any law enforcement or
penal institution.
4. When rape is committed in full
view of the husband, parent, any of
the children or other relatives within
the third civil degree of consanguinity.
5. When victim is a religious
engaged in legitimate religious
vocation or calling and is personally
known to be such by the offender
before or at the time of the
commission of the crime.
6. When victim is a child below 7
years old.
7. When offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and the
virus or disease is transmitted to the
victim.
8. When committed by any
member of the AFP or paramilitary
units thereof or the PNP or any law
enforcement agency or penal
institution, when the offender took
advantage of his position to facilitate
the commission of the crime.
9. When by reason or on occasion
of the rape, the victim has suffered
permanent physical mutilation or
disability.
10. When offender knew of the
pregnancy of the offended party at
the time of the commission of the
crime.
11. When offender knew of the
mental disability, emotional disorder
and/or physical handicap of the
offended party at the time of the
commission of the crime.
Note: The foregoing circumstances
are in the nature of special
aggravating circumstances which
must be specifically pleaded or
alleged with certainty in the
information.
Q: What are the effects of pardon on
the criminal liability of the accused
charged with rape? (Art. 266-C)
A:
1. The offended woman may
pardon the offender through a
subsequent valid marriage, the effect
of which would be the extinction of
the offender’s liability.
2. Similarly, the legal husband
may be pardoned by forgiveness of
the wife provided that the marriage is
not void ab initio.
Note: Under the new law, the husband
may be liable for rape if his wife does
not want to have sex with him. It is
enough that there is indication of any
amount of resistance as to make it
rape. (Marital rape)
Q: What is incestuous rape?
A: Incestuous rape refers to rape
committed by an ascendant of the
offended woman.
Q: Is the employment of force and
intimidation indispensable in
incestuous rape?
A: No, because the overpowering and
overbearing moral influence of the
ascendant over the daughter takes
the place of violence and offer of
resistance required in rape cases
committed by an accused having no
blood relationship with the victim.
Q: What kind of resistance is required if
the offender is a stranger to the
offended party?
A: if the offender is not known to the
offended party, it is necessary that
there be evidence of affirmative
resistance put up by the offended
woman. Mere “no, no” is not enough if
the offender is a stranger.
Q: What is statutory rape?
A: To constitute statutory rape, two
elements must be established, namely
the:
1. Accused had carnal knowledge
of a woman
2. Woman is below 12 years of
age.
Note: In statutory rape, the offender’s
knowledge of the victim’s age is
immaterial.
Q: Suppose a ten-year old girl
consented to the sexual intercourse,
will such consent negate the rape?
A: No, because consent is immaterial
in statutory rape. The mere fact of
having sexual relations with a girl
below 12 years old consummates the
offense and consent is not a defense.
Ratio: It is not necessary that the victim
was intimidated or force used against
her because in statutory rape, the law
presumes that the victim, on account
of her tender age, does not and
cannot have a will of her own.
Q: Suppose a 31 year old mental
retardate with mental capacity of a 5-
year old was raped, what is the crime?
A: Statutory rape. Her mental and not
only the chronological age is
considered. (People v. Manlapaz, G.R.
No. L-41819, Feb. 28, 1978).
In other cases, there must be force,
intimidation, or violence proven to
have been exerted to bring about
carnal knowledge or the woman must
have been deprived of reason or
otherwise unconscious.
In the crime of rape, full or complete
penetration of the woman’s sexual
organ is not necessary. The slightest
penetration – contact with the labia –
will consummate the rape.
In incestuous rape of a minor, proof
and force and violence exerted by
the offender are not essential. Moral
ascendancy or parental authority of
the accused over the offended party
takes the place of violence.
Q: Is the absence of signs of external
physical injuries signifying a lack of
resistance in the part of the rape
victim?
A: No. Resistance from the victim need
not be carried to the point of inviting
death or sustaining physical injuries at
the hands of the rapist.
Note: In rape, the force and
intimidation must be viewed in the
light of the victim’s perception and
judgment at the time of the
commission of the crime. As already
settled in our jurisprudence, not all
victims react the same way,
moreover, resistance is not an
element of rape. A rape victim has no
burden to prove that she did all within
her power to resist the force or
intimidation employed upon her. As
long as the force or intimidation is
present, whether it was more or less
irresistible is beside the point. (People
v. Baldo y Santain, G.R. No. 175238.
February 24,2009)/
Q: Is medical examination an
indispensable element in the
prosecution for rape?
A: Medical examination is not an
indispensable element in the
prosecution for rape. The purpose of
the medical examination is merely
corroborative in nature.
Q: If on the occasion or by reason of
rape, the victim died, what is the
crime committed?
A: The special complex crime of rape
with homicide is committed.
Q: What is the difference between
attempted rape and acts of
lasciviousness?
A:
Attempted Rape Acts of
Lasciviousness
There is intent to affect sexual
cohesion, although unsuccessful.
There is no intention to lie with
the offended woman. The intention is
merely to satisfy lewd design.
People of the Philippines V. Melchor
Cabalquinto, (G. R. No. 167693, 19
September 2006)
Resolution dated February 14, 2006,
A.M. No. 99-7-06-SC in In Re Internet
web page of the Supeme Court.
In a letter addressed to Chief Justice,
the mother of a child abuse victim
expressed anxiety over the posting of
full text decisions of the Court in child
sexual abuse cases on its Internet Web
Page. She submitted that
confidentiality and the best interest of
the child must prevail over public
access to information.
The Office of the Solicitor General
(OSG) commented that the posting of
the full text of decisions in child abuse
cases on the Supreme Court Web
Page violates the right to privacy of
the aggrieved parties. According to
the (OSG), the fact that the aggrieved
child may have consented, through a
parent or guardian, to a public
hearing of the case does not negate
the expectation of privacy which the
child may later invoke because child
victims cannot be presumed to have
intended their initial agreement to
extend beyond the termination of their
case to the posting of the decision
reached by the Court on the Web
Page. Moreover, such an expectation
of privacy is reasonable. Short of
withdrawing the full text of decisions in
such cases from the Web Page, the
OSG proposed that the Court instead
replace the material information, such
as the name of the child-victim, in its
decisions.
In this case and henceforth, the Court
shall withhold the real name of the
victim-survivor, i.e., the woman or
child-victim of violence, and shall use
fictitious initials instead to represent
her. Likewise, the personal
circumstances of the victims-survivors
or any other information tending to
establish or compromise their
identities, as well as those of their
immediate family or household
members, shall not be disclosed.
Q: What are the three well-known
principles to guide the court?
A:
1. An accusation for rape can be
made with facility, is difficult to prove,
but more difficult for person accused,
though innocent, to disprove;
2. Only two persons are involved,
testimony of complainant must be
scrutinized with extreme caution;
3. The evidence for the
prosecution must stand or fall on its
own merits and cannot be allowed to
draw strength from weakness of
evidence for defense.
Q: Flordeluna boarded a taxi on her
way home to Quezon City which was
driven by Roger. Flordeluna noticed
that Roger was always placing his car
freshener in front of the car aircon
ventilation but did not bother asking
Roger why. Suddenly, Flordeluna felt
dizzy and became unconscious.
Instead of bringing her to Quezon City,
Roger brought Flordeluna to his house
in Cavite where she was detained for
two (2) weeks. She was raped for the
entire duration of her detention. May
Roger be charged and convicted of
the crime of rape with serious illegal
detention? Explain.
A: No, Roger may not be charged and
convicted of the crime of rape with
serious illegal detention. Roger may
be charged and convicted of multiple
rapes. Each rape is a distinct offense
and should be punished separately.
Evidently, his principal intention was to
abuse Flordeluna, the detention was
only incidental to the rape.
Alternative Answer:
No, Roger may not be charged and
convicted of the crime of rape with
serious illegal detention since the
detention was incurred in raping the
victim during the days she was held.
At most, Roger may be prosecuted for
forcible abduction for taking
Flordeluna to Cavite against the
latter’s will and with lewd designs. The
forcible abduction should be
complexed with one of the multiple
rapes committed, and the other rapes
should be prosecuted and punished
separately, in as many rapes were
charged and proved. (2000 Bar
Question).
TITTLE NINE
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
CHAPTER ONE:
CRIMES AGAINST LIBERTY
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION (Art. 267)
Art. 267. Kidnapping and serious
illegal detention. — Any private
individual who shall kidnap or detain
another, or in any other manner
deprive him of his liberty, shall suffer
the penalty of reclusion perpetua to
death:
1. If the kidnapping or detention shall
have lasted more than five days.
2. If it shall have been committed
simulating public authority.
3. If any serious physical injuries shall
have been inflicted upon the person
kidnapped or detained; or if threats to
kill him shall have been made.
4. If the person kidnapped or detained
shall be a minor, female or a public
officer.
The penalty shall be death where the
kidnapping or detention was
committed for the purpose of extorting
ransom from the victim or any other
person, even if none of the
circumstances above-mentioned
were present in the commission of the
offense.
Q: What are the elements of this
crime?
A:
1. Offender is a private individual;
2. He kidnaps or retains another, or
in any other, manner deprives the
latter of his liberty;
3. Act of detention or kidnapping
must be illegal;
4. In the commission of the
offense, any of the following
circumstances is present:
a. Kidnapping or detention lasts for
more than 3 days,
b. It is committed simulating public
authority,
c. Any serious physical injuries are
inflicted upon the person kidnapped
or detained or threats to kill him are
made, or
d. The person kidnapped or
detained is a minor, female, or a
public officer.
Note: the primary element of the
crime of kidnapping is actual
confinement, detention and restraint
of the victim.
Q: What is the essence of this crime?
A: the essence of the offense is the
actual deprivation of the victim’s
liberty coupled with the intent of the
accused to affect it. There must be
indubitable proof that the actual intent
of the malefactor was to deprive the
offended party of the liberty. The
restraint however need not be
permanent.
Q: Is it necessary that the victim be
placed in an enclosure?
A: No. It may consist not only in
placing a person in an enclosure but
also in detaining him or depriving him
in any manner of his liberty.
Q: What are the distinctions between
kidnapping and slight illegal
detention?
A:
Kidnapping Slight illegal detention
Its essence is transporting the
offended party from one place to
another. One is restrained of his
liberty without necessarily transporting
him from one place to another.
The purpose of the offender is to extort
ransom either from the victim or from
any other person. a person is
transported not for ransom.
Q: If a person is transported from one
place to another, what crimes may be
possibly committed?
A:
a. Forcible abduction – if a woman
is transported from one place to
another by virtue of restraining her of
her liberty, and that act is coupled
with lewd designs.
b. Kidnapping and serious illegal
detention – if a woman is transported
just to restrain her liberty. There is no
lewd design or lewd intent.
c. Grave coercion – if a woman is
carried away just to break her will, to
compel her to agree to the demand or
request by the offender.
Illustration:
If the victim was not kidnapped or
taken away but was restrained and
deprived of his liberty, like in the case
of a hostage incident where the
accused, who was one of the
occupants of the house, grabbed a
child, poked a knife on the latter’s
neck, called for media people and
demanded a vehicle from the
authorizes which he could use in
escaping, as it turned out that there
was an unserved arrest warrant
against him, the proper charged is
Serious Illegal Detention (without
kidnapping anymore) but likewise
under Art. 267 of the RPC.
Q: What are the circumstances which
qualify the crime of kidnapping and
serious illegal detention?
A: Death shall be imposed in the
following:
1. If the purpose of the kidnapping
is to extort ransom.
2. When victim is killed or dies as a
consequence of the detention.
3. When victim is raped.
4. When victim is subjected to
torture or dehumanizing acts.
Note: if the victim is a woman or a
public officer, the detention is always
serious – no matter how short the
period of detention is.
Q: What is the crime if a 3-year old
boy was kidnapped, gagged and
hidden in a box where it died and
offender asked for ransom?
A: The demand for ransom did not
convert the offense from murder to
kidnapping. The defendant was well
aware that the child would be
suffocated to death in a few moments
after she left. The demand for ransom
is only a part of the diabolic scheme
of the defendant to murder the child,
to conceal his body and then demand
money before the discovery of the
cadaver. (People vs. Lora, G.R. No.
49430, March 30, 1982).
Q: What is the main distinction
between illegal detention and
arbitrary detention?
A:
Illegal Detention Arbitrary detention
Committed by a private person who
kidnaps, detains, or otherwise
deprives another of his liberty.
Committed by a public officer
who detains a person without legal
grounds.
Q: What special complex crimes may
arise in kidnapping?
A:
1. Kidnapping with homicide
2. Kidnapping with rape
3. Kidnapping with physical
injuries
Note: the last paragraph of Art. 267, as
amended by R.A. 7659, provides that
when the victim is killed or dies as a
consequence of the detention or is
raped, or is subjected to torture or
dehumanizing acts, the maximum
penalty of death shall be imposed.
The killing, rape or physical injuries are
not separate crimes in themselves but
are circumstances which convert the
kidnapping into special complex
crime for the imposition of the
maximum penalty.
Q: How is the term “homicide” in the
last paragraph of Art. 267 construed?
A: “Homicide” is used in the generic
sense and includes murder because
the killing is not treated as a separate
crime but a qualifying circumstance.
Q: Suppose a group of men
kidnapped 3 Chinese children for the
purpose of extorting ransom from their
parents because the parents of the
kidnapped victims were not able to
meet the conditions imposed by the
kidnappers, they killed the victims.
What is/are the crime/s committed by
the kidnappers?
A: The crime is kidnapping with
homicide. As such, it is a single
indivisible offense and not a complex
crime. Regardless of the number of
persons killed who are necessarily the
kidnap victims, there is one crime only
of kidnapping with homicide.
Illustration:
Where after taking the victim with her
car, the accused called the house of
the victim asking for ransom but upon
going to their safe house saw several
police cars chasing them, prompting
them to kill their victim inside the car,
there were two crimes committed –
kidnapping for ransom and murder,
not a complex crime of kidnapping
with murder as she was not taken or
carried away to be killed, killing being
an afterthought. (People vs. Evanoria,
209 SCRA 577)
Q: Suppose the persons killed on the
occasion of kidnapping are other
persons, not the victims themselves,
what is/are the crime/s committed?
A: Two separate crimes of murder or
homicide and kidnapping. The killing
would be treated as a separate crime.
Q: In kidnapping with Homicide,
would it make any difference if the
killing was purposely sought or was
merely an afterthought?
A: No, regardless of whether the killing
was purposely sought or was merely
an afterthought, the kidnapping and
the homicide or murder are not
treated as separate crimes nor can
they be complexed under Art. 48 but
shall be punished as a special
complex crime.
Q: Suppose the taking of the victim is
only incidental to the basic purpose to
kill, what crime is committed?
A: The crime is only murder not the
special complex crime of kidnapping
with homicide because the primordial
intent is to kill the victim and the
deprivation of liberty is merely
incidental thereto.
Q: Suppose the kidnapped victim
disappeared, will such dis
appearance negative criminal liability
of the kidnappers?
A: No, because in kidnapping, the
essential element is the deprivation of
the victim’s liberty and the subsequent
disappearance of the victim will not
exonerate the accused from
prosecution. Otherwise, kidnappers
can easily avoid punishment by the
simple expedient of disposing of their
victim’s bodies.
Q: What is the effect of the voluntary
release of the victim on the criminal
liability of the kidnappers?
A: Qualify.
If it is serious illegal detention, the
voluntary release has no effect on the
criminal liability of the offenders.
If it id slight illegal detention, the
voluntary release will mitigate the
criminal liability of the offenders.
In kidnapping for ransom, voluntary
release will not mitigate the crime.
Q: What is a ransom?
A: A ransom is the money, price or
consideration paid or demanded for
the redemption of a captured person
or persons, a payment that releases
from captivity. This is true even though
what is being demanded is due to the
offender such as debt or rent.
Note: The ransom is merely a
qualifying circumstance and no
matter how short is the detention,
kidnapping is still committed because
ransom is not an element of
kidnapping.
Q: What are the distinctions between
kidnapping with rape and forcible
abduction with rape?
A:
Kidnapping with rape Forcible
abduction with rape
The crime is composite or a special
complex crime if the woman
kidnapped is also raped. The
crime is complex under Art. 48 since
forcible abduction is a necessary
means to commit the rape.
At the outset, there is no lewd designs
At the outset, there is lewd
design.
Rape here is not a separate crime but
merely a qualifying circumstance.
Rape here is treated as a
separate crime.
Even if there are multiple rapes, there
is only one crime of kidnapping with
rape. If there are multiple rapes, only
one rape shall be complexed with
forcible abduction because the
abduction is a necessary means to
commit only the first rape, thus the
other rape incidents will be treated as
separate crimes.
If rape was merely attempted, 2
separate crimes are committed-
kidnapping and serious illegal
detention and attempted rape. If
rape is merely attempted, there is only
forcible abduction, the attempt to
rape is deemed merely a
manifestation of lewd designs.
Q: What is distinguishes kidnapping for
ransom from robbery, insofar as the
delivery of money to the offenders is
concerned?
A:
Kidnapping for ransom Robbery
Ransom is paid in exchange for the
offended party’s liberty. The motive of
the offenders is not to restrain or
deprive the victim of his liberty but to
divest him of his valuables.
Q: What sets kidnapping apart from
forcible abduction?
A:
Kidnapping Forcible abduction
At the outset, the intention of the
offender is merely to detain the victim.
at the outset, the taking of the
victim is coupled with lewd designs.
SLIGHT ILLEGAL DETENTION (Art. 268)
Art. 268. Slight illegal detention. — The
penalty of reclusion temporal shall be
imposed upon any private individual
who shall commit the crimes
described in the next preceding
article without the attendance of any
of circumstances enumerated therein.
The same penalty shall be incurred by
anyone who shall furnish the place for
the perpetration of the crime.
If the offender shall voluntarily release
the person so kidnapped or detained
within three days from the
commencement of the detention,
without having attained the purpose
intended, and before the institution of
criminal proceedings against him, the
penalty shall be prision mayor in its
minimum and medium periods and a
fine not exceeding seven hundred
pesos.
Q: What are the elements of this
crime?
A:
1. Offender is a private individual;
2. He kidnaps or detains another,
or in any other manner deprives him of
his liberty;
3. Act of kidnapping or detention
is illegal;
4. Crime is committed without the
attendance of any of the
circumstances enumerated in Art. 267
(kidnapping).
Note: Slight illegal detention is
committed if any of the five
circumstances in the commission of
kidnapping or detention enumerated
in Article 267 is not present.
Q: What if the person arrested is not
delivered to the authorities?
A: The private individual making the
arrest incurs criminal liability for illegal
detention under Article 267 or 268.
If the offender is a public officer, the
crime is arbitrary detention under
Article 124.
If the detention or arrest is for a legal
ground, but the public officer delays
delivery of the person arrested to the
proper judicial authorities, that Article
125 will apply.
Q: What are the circumstances which
would warrant the lowering of the
penalty for slight illegal detention?
A: The following must concur:
1. The offended party is voluntarily
released within three days from the
start of illegal detention;
2. Without attaining the purpose;
and
3. Before the institution of the
criminal action.
Q: In cases of kidnapping, what is the
liability of the person who furnished
the place when the victim is being
held?
A: The person who furnished the place
for the confinement of the victim has
the same liability a principal although
said person generally acts an
accomplice. But if the cooperation is
by another act than furnishing the
place, the penalty one degree lower.
UNLAWFUL ARREST (Art. 269)
Art. 269. Unlawful arrest. — The penalty
of arresto mayor and a fine not
exceeding 500 pesos shall be
imposed upon any person who, in any
case other than those authorized by
law, or without reasonable ground
therefor, shall arrest or detain another
for the purpose of delivering him to the
proper authorities.
Q: What are the elements of unlawful
arrest?
A:
1. Offender arrests or detains
another person
2. Purpose of the offender is to
deliver him the proper authorities;
3. Arrest or detention is not
authorized by law or there is no
reasonable ground thereof.
Note: in unlawful arrest, the detention
is only incident the primary criminal
intention of the offender is to charge
the offended party for a crime he did
not actually commit.
Generally, this crime is committed by
incriminating innocent persons by the
offender’s planting evidence to justify
the arrest – a complex crime results
that is unlawful arrest through
incriminatory machinations under
Article 363.
In Art. 125 (Delay in the delivery of
detained persons is the proper judicial
authorities), the detention is for some
legal ground. While in unlawful arrest,
the detention is not authorized by law.
Q: Who may be held liable under this
article?
A: offender is any person, whether a
public officer or a private individual.
However, the public officer must not
be vested with the authority to arrest
or detain a person or must not act in hi
official capacity. Otherwise Art. 124 is
applicable and not Art. 269.
Q: What is the essence of the crime of
unlawful arrest?
A: The arrest must be made for the
purpose of delivering the person
arrested to the proper authorities but it
was made without any reasonable
grounds therefore.
Q: Is there a period of detention fixed
by law?
A: None. What is controlling is the
motive of the offender.
Q: What variant crimes are committed
if a person is arrested and/or
detained?
A:
1. If the arrest is made without a
warrant and under circumstances not
allowing a warrantless arrest, the
crime would be unlawful arrest.
2. If the person arrested is not
delivered to the authorities, the private
individual making the arrest incus
criminal liability for illegal detention
under Article 267 or 268.
3. If the offender is a public officer,
the crime is arbitrary detention under
Article 124.
4. If the detention or arrest is for a
legal ground, but the public officer
delays delivery of the person arrested
to the proper judicial authorities, the
crime is delay in the delivery of
detained persons under Article 125.
Q: What are the distinctions between
Delay in the Delivery of Detained
Persons and Unlawful Arrest?
A:
Delay in the Delivery of Detained
Persons Unlawful Arrest
Detention is for some legal ground.
Detention is not authorized by
law.
Crime is committed by failing to
deliver such person to the proper
judicial authority within a certain
period. Committed by making an
arrest not authorized by law.
KIDNAPPING AND FAILURE TO RETURN
A MINOR (Art. 270)
Art. 270. Kidnapping and failure to
return a minor. — The penalty of
reclusion perpetua shall be imposed
upon any person who, being entrusted
with the custody of a minor person,
shall deliberately fail to restore the
latter to his parents or guardians.
Q: What are the elements of this
crime?
A:
1. Offender is entrusted with the
custody of a minor person (whether
over or under 7 7 years but less than
21 years of age);
2. He deliberately fails to restore
the said minor to his parents or
guardians.
Note: What is actually punishable is
not the kidnapping of the minor but
rather the deliberate failure or refusal
of the custodian of the minor to restore
the latter to his parents or guardian.
Said failure or refusal must not only be
deliberate but must also be persistent
as to oblige the parents or guardians
of the child to seek the aid of the
courts in order to obtain custody.
If any of the foregoing elements is
absent, the kidnapping of the minor
will then fall under Article 267
(kidnapping and serious illegal
detention).
If the accused is any of the parents,
Article 267 does not apply, Articles 270
and 271 apply.
Q: What is the main distinction
between kidnapping and serious
illegal detention and kidnapping and
failure to return a minor?
A:
Kidnapping and serious illegal
Detention Kidnapping and failure to
return a minor
Offender is not entrusted with the
custody of the victim. Offender is
entrusted with the custody of the
minor.
Q: A and B were legally separated.
Their child C, a minor, was placed in
the custody of A, the mother, subject
to monthly visitations by B, his father.
On one occasion, when B had C in his
company, B decided not to return C to
his mother. Instead, B took C with him
to the United States where he intended
for them to reside permanently. What
crime, if any, did B commit? Why?
A: B committed the crime of
kidnapping and failure to return a
minor under Article 271, in relation to
article 270, of the Revised Penal Code,
as amended. Article 271 expressly
penalizes any parent who shall take
from the deliberately fail to restore his
or her minor child to the parent or
guardian to whom custody of the
minor has been placed. Since the
custody of C, the minor, has been
given to the mother and B has only the
right of monthly visitation, the latter’s
act of taking C to the United States, to
reside there permanently, constitutes
a violation o said provisions of law
(2002 Bar Question)
INCLUDING A MINOR TO ABANDON HIS
HOME (Art. 271)
Art. 271. Inducing a minor to abandon
his home. — The penalty of prision
correccional and a fine not
exceeding seven hundred pesos shall
be imposed upon anyone who shall
induce a minor to abandon the home
of his parent or guardians or the
persons entrusted with his custody.
If the person committing any of the
crimes covered by the two preceding
articles shall be the father or the
mother of the minor, the penalty shall
be arresto mayor or a fine not
exceeding three hundred pesos, or
both.
Q: What are the elements of this
crime?
A:
1. A minor (whether over or under
7 years of age) is living in the home of
his parents or guardian or the person
entrusted with his custody;
2. Offender induces said minor to
abandon such home.
Note: The crime is committed by mere
inducement of the minor to abandon
the house of his parents.
Inducement must be actual
committed with criminal intent, and
determined by a will to cause
damage.
The minor should not leave his home
of his own free will.
Not necessary that the minor actually
abandons the home.
Illustration:
Father or mother may commit crimes
under Articles 270 and 271 such
3when where the father and mother
are living separately, and the custody
of their minor child has been given to
one of them, the other parent who
kidnaps such minor child from the one
having the lawful custody of said child
or induces such minor to leave his
home is liable.
Q: What is the main distinction
between kidnapping and serious
illegal detention and inducing a minor
to abandon his home?
A:
Kidnapping and serious illegal
detention (Art. 267) Inducing a
minor to abandon his home (Art. 271)
Cannot be committed by the parents
of the minor. Parents can commit
this crime against their own children.
Q: What is the rationale for penalizing
the crime of inducing a minor to
abandon his home?
A: This article is intended to
discourage and prevent disruption of
filial relationship undue interference
with the parent’s right and duty to the
custody of their minor children and to
rear them.
SLAVERY (Art. 272)
Art. 272. Slavery. — The penalty of
prision mayor and a fine of not
exceeding 10,000 pesos shall be
imposed upon anyone who shall
purchase, sell, kidnap or detain a
human being for the purpose of
enslaving him.
If the crime be committed for the
purpose of assigning the offended
party to some immoral traffic, the
penalty shall be imposed in its
maximum period.
Q: What are the elements of Slavery?
A:
1. That the offender purchases,
sells, kidnaps or detains a human
being;
2. That the purpose of the offender
is to enslave such human being.
Q: Is obliging a person to render
service to one whom he is indebted
without remuneration and to remain
there as long as the debt is paid
constitutes slavery?
A: Yes. The purpose must be
determined, if the purpose is to
enslave the victim, it is slavery
otherwise, it is kidnapping or illegal
detention.
Q: What is slavery?
A: Slavery is committed if anyone shall
purchases kidnap, or detain a human
being for the purpose of enslaving
him.
Q: Is there any qualifying
circumstance?
A: Yes, if the purpose is some immoral
traffic. E.g. prostitution.
Q: How is slavery distinguished from
illegal detention?
A:
Slavery Illegal detention
The purpose for the detention is to
enslave the offended party. The
purpose is to deprived or restrains the
offended party of his liberty.
Note: In both, the offended party is
detained.
Q: What is the main distinction
between slavery and white slave
trade?
A:
Slavery White Trade
The offender is not engage in
prostitution. The offender is engage
prostitution.
EXPLOITATION OF CHILD LABOR (Art.
273)
Art. 273. Exploitation of child labor. —
The penalty of prision correccional in
its minimum and medium periods and
a fine not exceeding 500 pesos shall
be imposed upon anyone who, under
the pretext of reimbursing himself of a
debt incurred by an ascendant,
guardian or person entrusted with the
custody of a minor, shall, against the
latter's will, retain him in his service.
Q: What are the elements of this
crime?
A:
1. Offender retains a minor in his
service;
2. It is against the will of the minor;
3. It is under the pretext of
reimbursing himself of a debt incurred
by an ascendant, guardian or person
entrusted with the custody of such
minor.
Note: Indebtedness is not a ground for
detention
SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT
(Art. 274)
Art. 274. Services rendered under
compulsion in payment of debt. — The
penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period
shall be imposed upon any person
who, in order to require or enforce the
payment of a debt, shall compel the
debtor to work for him, against his will,
as household servant or farm laborer.
Q: What are the elements of this
crime?
A:
1. OFFENDER COMPELS A DEBTOR
TO WORK FOR HIM, EITHER AS
HOUSEHOLD SERVANT OR FARM
LABORER;
2. IT IS AGAINST THE DEBTOR’S WILL;
3. THE PURPOSE IS TO REQUIRE OR
ENFORCE THE PAYMENT OF A DEBT.
NOTE: IF THERE IS NO CREDITOR-
DEBTOR RELATIONSHIP BETWEEN THE
OFFENDER AND THE OFFENDED PARTY,
COERCION IS COMMITTED.
Q: WHAT DISTINGUISHES ART. 274 FROM
ART. 273?
A:
EXPLOITATION OF CHILD LABOR (ART.
273) SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT
(ART. 274)
VICTIM IS A MINOR. DOES NOT
DISTINGUISH WHETHER VICTIM IS A
MINOR OR NOT
MINOR IS COMPELLED TO RENDER
SERVICES FOR THE SUPPOSED DEBT OF
HIS PARENT OR GUARDIAN. DEBTOR
HIMSELF IS THE ONE COMPELLED TO
WORK FOR THE OFFENDER.
SERVICE OF MINOR IS NOT LIMITED TO
HOUSEHOLD AND FARM WORK. LIMITED
TO HOUSEHOLD AND FARM WORK.
CHAPTER TWO:
CRIMES AGAINST SECURITY
ABANDONMENT OF PERSONS IN
DANGER AND ABANDONMENT OF
ONE’S OWN VICTIM (ART. 275)
Art. 275. Abandonment of person in
danger and abandonment of one's
own victim. — The penalty of arresto
mayor shall be imposed upon:
1. Any one who shall fail to render
assistance to any person whom he
shall find in an uninhabited place
wounded or in danger of dying, when
he can render such assistance without
detriment to himself, unless such
omission shall constitute a more
serious offense.
2. Anyone who shall fail to help or
render assistance to another whom he
has accidentally wounded or injured.
3. Anyone who, having found an
abandoned child under seven years
of age, shall fail to deliver said child to
the authorities or to his family, or shall
fail to take him to a safe place.
Q: WHAT ARE PUNISHABLE ACTS?
A:
1. FAILING TO RENDER ASSISTANCE
TO ANY PERSON WHOM THE OFFENDER
FINDS IN AN UNINHABITED PLACE
WOUNDED OR IN DANGER OF DYING
WHEN HE CAN RENDER SUCH
ASSISTANCE WITHOUT DETRIMENT TO
HIMSELF, UNLESS SUCH OMISSION
SHALL CONSTITUTE A MORE SERIOUS
OFFENSE.
ELEMENTS:
a. THE PLACE IS NOT INHABITED;
b. ACCUSED FOUND THERE A
PERSON WOUNDED OR IN DANGER OF
DYING;
c. ACCUSED CAN RENDER
ASSISTANCE WITHOUT DETRIMENT TO
HIMSELF;
d. ACCUSED FAILS TO RENDER
ASSISTANCE.
NOTE: UNDER THE FIRST ACT OF
ABANDONMENT, THE OFFENDER IS
LIABLE ONLY WHEN HE CAN RENDER
SUCH ASSISTANCE WITHOUT DETRIMENT
TO HIMSELF, UNLESS SUCH OMISSION
SHALL CONSTITUTE A MORE SERIOUS
OFFENSE.
Q: WHILE DRIVING HOME TO HIS
HOMETOWN SOMEWHERE UP NORTH, X
CHANCED UPON A PERSON LYING ON
THE MIDDLE OF THE ROAD, MORTALLY
WOUNDED AND PROBABLY A VICTIM
OF HIT AND RUN. IF X DID NOT RENDER
ASSISTANCE TO SAID PERSON, IS HE
LIABLE FOR ABANDONMENT OF
HELPLESS PERSONS.
A: AN UNINHABITED PLACE IS
DETERMINED BY POSSIBILITY OF PERSON
RECEIVING ASSISTANCE FROM
ANOTHER. EVEN IF THERE ARE MANY
HOUSES AROUND, THE PLACE MAY STILL
BE UNINHABITED IF POSSIBILITY OF
RECEIVING ASSISTANCE IS REMOTE.
2. FAILING TO HELP OR RENDER
ASSISTANCE TO ANOTHER WHICH THE
OFFENDER HAS ACCIDENTALLY
WOUNDED OR INJURED.
THE SECOND ACT OF ABANDONMENT
CONTEMPLATES A SITUATION WHERE
THE ACCIDENT IS CAUSED BY THE
OFFENDER AND A THIRD PERSON IS
INJURED AS RESULT OF SUCH
ACCIDENT.
HERE, THE CHARACTER OF THE PLACE IS
IMMATERIAL. AS LONG AS THE VICTIM
WAS INJURED BECAUSE OF THE
ACCIDENT CAUSED BY THE OFFENDER,
THE OFFENDER WOULD BE LIABLE FOR
ABANDONMENT IF HE WOULD NOT
RENDER ASSISTANCE TO THE VICTIM.
Q: SUPPOSE THE ACCIDENT IS DUE TO
RECKLESS IMPRUDENCE OR SIMPLE
NEGLIGENCE, FOR WHAT CRIME SHALL
THE OFFENDER BE PROSECUTED?
A: IF THE ACCIDENT IS DUE TO RECKLESS
IMPRUDENCE OR SIMPLE NEGLIGENCE,
ART. 365 WILL GOVERN. THE LAST
PARAGRAPH THEREOF ON
ABANDONMENT OF ONE’S VICTIM IS A
QUALIFYING CIRCUMSTANCE AND
THEREFORE MUST BE ALLEGED IN THE
INFORMATION.
IF THE FACT OF ABANDONMENT IN THE
INFORMATION FOR RECKLESS
IMPRUDENCE OR SIMPLE NEGLIGENCE
IS NOT ALLEGED, THE ACCUSED WILL
STILL BE LIABLE FOR PROSECUTION
UNDER ARTICLE 275 (2)
3. FAILING TO DELIVER A CHILD,
UNDER 7 YEARS OF AGE WHOM THE
OFFENDER HAS FOUND ABANDONED,
TO THE AUTHORITIES OR TO HIS FAMILY,
OR FAILING TO TAKE HIM TO A SAFE
PLACE.
UNDER THE THIRD ACT OF
ABANDONMENT, IT IS IMMATERIAL THAT
THE OFFENDER DID NOT KNOW THAT
THE CHILD IS UNDER 7 YEARS.
THE CHILD UNDER 7 YEARS OF AGE
MUST BE FOUND IN AN UNSAFE PLACE.
ABANDONING A MINOR (ART. 276)
Art. 276. Abandoning a minor. — The
penalty of arresto mayor and a fine
not exceeding 500 pesos shall be
imposed upon any one who shall
abandon a child under seven years of
age, the custody of which is
incumbent upon him.
When the death of the minor shall
result from such abandonment, the
culprit shall be punished by prision
correccional in its medium and
maximum periods; but if the life of the
minor shall have been in danger only,
the penalty shall be prision
correccional in its minimum and
medium periods.
The provisions contained in the two
preceding paragraphs shall not
prevent the imposition of the penalty
provided for the act committed, when
the same shall constitute a more
serious offense.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER HAS THE CUSTODY OF
A CHILD;
2. CHILD IS UNDER 7 YEARS OF
AGE;
3. HE ABANDONS SUCH CHILD;
4. HE HAS NO INTENT TO KILL THE
CHILD WHEN THE LATTER IS
ABANDONED.
Q: WHAT KIND OF ABANDONMENT IS
CONTEMPLATED BY LAW?
A: THE ABANDONMENT CONTEMPLATED
BY LAW IS NOT THE MOMENTARY
LEAVING OF A CHILD BUT THE
ABANDONMENT OF SUCH MINOR THAT
DEPRIVES HIM OF THE CARE AND
PROTECTION FROM DANGER TO HIS
PERSON.
Q: SUPPOSING THERE WAS INTENT TO
KILL ON THE PART OF THE OFFENDER
AND THE CHILD DIES, WHAT IS THE
CRIME?
A: THE CRIME WOULD BE MURDER,
PARRICIDE, OR INFANTICIDE, AS THE
CASE MAY BE. IF THE CHILD DOES NOT
DIE, IT IS ATTEMPTED OR FRUSTRATED
MURDER, PARRICIDE OR INFANTICIDE,
AS THE CASE MAY BE.
NOTE: INTENT TO KILL CANNOT BE
PRESUMED FROM THE DEATH OF THE
CHILD. THE RULING THAT INTENT TO KILL
IS CONCLUSIVELY PRESUMED FROM THE
DEATH OF THE VICTIM IS APPLICABLE
ONLY TO CRIMES AGAINST PERSONS
AND NOT TO CRIMES AGAINST
SECURITY, PARTICULARLY THE CRIME OF
ABANDONING A MINOR UNDER ART.
276.
A PERMANENT, CONSCIOUS AND
DELIBERATE ABANDONMENT IS
REQUIRED IN THIS ARTICLE.
THERE MUST BE AN INTERRUPTION OF
THE CARE AND PROTECTION THAT A
CHILD NEEDS BY REASON OF HIS
TENDER AGE.
WHEN THERE IS INTENT TO KILL, THIS
ARTICLE DOES NOT APPLY.
Q: WHAT ARE THE QUALIFYING
CIRCUMSTANCES?
A:
1. WHEN DEATH OF THE MINOR
RESULTED FROM SUCH ABANDONMENT;
OR
2. IF LIFE OF THE MINOR WAS IN
DANGER BECAUSE OF THE
ABANDONMENT.
NOTE: IF OFFENDER IS THE PARENT OF
THE MINOR WHO ABANDONED, HE
SHALL BE DEPRIVED OF PARENTAL
AUTHORITY.
ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS (ART. 277)
Art. 277. Abandonment of minor by
person entrusted with his custody;
indifference of parents. — The penalty
of arresto mayor and a fine not
exceeding 500 pesos shall be
imposed upon anyone who, having
charge of the rearing or education of
a minor, shall deliver said minor to a
public institution or other persons,
without the consent of the one who
entrusted such child to his care or in
the absence of the latter, without the
consent of the proper authorities.
The same penalty shall be imposed
upon the parents who shall neglect
their children by not giving them the
education which their station in life
require and financial conditions
permit.
Q: WHAT ARE THE ELEMENTS OF THE
CRIME ABANDONMENT OF MINOR BY
ONE CHARGED WITH THE REARING OR
EDUCATION OF SAID MINOR?
A:
1. OFFENDER HAS CHARGED OF THE
REARING EDUCATION OF A MINOR;
2. HE DELIVERS SAID MINOR TO A
PUBLIC INSTITUTION OR OTHER
PERSONS;
3. ONE WHO ENTRUSTED SUCH
CHILD TO THE OFFENDER HAS NOT
CONSENTED TO SUCH ACT, OR THE ONE
WHO ENTRUSTED SUCH CHILD TO THE
OFFENDER IS ABSENT, THE PROPER
AUTHORITIES HAVE NOT CONSENTED TO
IT.
Q: WHAT ARE THE ELEMENTS OF THE
CRIME INDIFFERENCE OF PARENTS?
A:
1. OFFENDER IS A PARENT;
2. HE NEGLECTS HIS CHILDREN BY
NOT GIVING THE EDUCATION;
3. HIS STATION IN LIFE REQUIRES
SUCH EDUCATION AND HIS FINANCIAL
CONDITION PERMITS IT.
NOTE: FAILURE TO GIVE EDUCATION
MUST BE DUE TO DELIBERATE DESIRE TO
EVADE SUCH OBLIGATION.
Q: WHEN DOES OBLIGATION TO
EDUCATE CHILD TERMINATES?
A: WHEN THE MOTHER AND CHILDREN
REFUSE WITHOUT GOOD REASON TO
LIVE WITH THE ACCUSED.
Q: WHAT ARE THE DISTINCTIONS
BETWEEN ABANDONMENT OF MINOR
BY PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCE OF PARENTS
(ART. 277) AND ABANDONING A
MINOR (ART. 276)
A:
ABANDONMENT OF MINOR BY A
PERSON ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS (ART. 277)
ABANDONING A MINOR (ART.
276)
THE CUSTODY OF THE OFFENDER IS
SPECIFIC THAT IS, THE CUSTODY FOR
THE REARING OR EDUCATION OF THE
MINOR. THE CUSTODY OF THE
MINOR IS STATED IN GENERAL.
MINOR IS UNDER 18 YEARS OF AGE.
MINOR IS UNDER 7 YEARS OF
AGE.
MINOR IS DELIVERED TO A PUBLIC
INSTITUTION OR OTHER PERSON. MINOR
IS ABANDONED IN SUCH A WAY AS TO
DEPRIVE HIM OF THE CARE AND
PROTECTION THAT HIS TENDER YEARS
NEED.
EXPLOITATION OF MINORS (ART. 278)
Art. 278. Exploitation of minors. — The
penalty of prision correccional in its
minimum and medium periods and a
fine not exceeding 500 pesos shall be
imposed upon:
1. Any person who shall cause any
boy or girl under sixteen years of age
to perform any dangerous feat of
balancing, physical strength, or
contortion.
2. Any person who, being an acrobat,
gymnast, rope-walker, diver, wild-
animal tamer or circus manager or
engaged in a similar calling, shall
employ in exhibitions of these kinds
children under sixteen years of age
who are not his children or
descendants.
3. Any person engaged in any of the
callings enumerated in the next
paragraph preceding who shall
employ any descendant of his under
twelve years of age in such dangerous
exhibitions.
4. Any ascendant, guardian, teacher
or person entrusted in any capacity
with the care of a child under sixteen
years of age, who shall deliver such
child gratuitously to any person
following any of the callings
enumerated in paragraph 2 hereof, or
to any habitual vagrant or beggar.
If the delivery shall have been made
in consideration of any price,
compensation, or promise, the penalty
shall in every case be imposed in its
maximum period.
In either case, the guardian or curator
convicted shall also be removed from
office as guardian or curator; and in
the case of the parents of the child,
they may be deprived, temporarily or
perpetually, in the discretion of the
court, of their parental authority.
5. Any person who shall induce any
child under sixteen years of age to
abandon the home of its ascendants,
guardians, curators, or teachers to
follow any person engaged in any of
the callings mentioned in paragraph 2
hereof, or to accompany any habitual
vagrant or beggar.
Q: WHAT ARE THE PUNISHABLE ACTS?
A:
1. CAUSING ANY BOY OR GIRL 16
YEARS OF AGE TO PERFORM ANY
DANGEROUS FEAT OF BALANCING,
PHYSICAL STRENGTH OR CONTORTION,
THE OFFENDER BEING ANY PERSON.
2. EMPLOYING CHILDREN UNDER 16
YEARS OF AGE WHO ARE NOT THE
CHILDREN OR DESCENDANTS OF THE
OFFENDER IN EXHIBITIONS OF
ACROBAT, GYMNAST, ROPE WALKER,
DIVER, OR WILD ANIMAL TAMER, THE
OFFENDER BEING AN ACROBAT, ETC.,
OR CIRCUS MANAGER OR PERSON
ENGAGED IN SIMILAR CALLING.
3. EMPLOYING ANY DESCENDANT
UNDER 12 YEARS OF AGE IN
DANGEROUS EXHIBITIONS
ENUMERATED IN THE NEXT PRECEDING
PARAGRAPH, THE OFFENDER BEING
ENGAGED IN ANY OF THE SAID
CALLINGS.
4. DELIVERING A CHILD UNDER 16
YEARS OF AGE GRATUITOUSLY TO ANY
PERSON IF ANY OF THE CALLINGS
ENUMERATED IN PARAGRAPH 2, OR TO
ANY HABITUAL VAGRANT OR BEGGAR,
THE OFFENDER BEING AN ASCENDANT,
GUARDIAN, TEACHER OR PERSON
ENTRUSTED IN ANY CAPACITY WITH THE
CARE OF SUCH CHILD.
5. INDUCING ANY CHILD UNDER 16
YEARS OF AGE TO ABANDON THE
HOME OF ITS ASCENDANTS,
GUARDIANS, CURATORS OR TEACHERS
TO FOLLOW ANY PERSON ENTRUSTED IN
ANY OF THE CALLINGS MENTIONED IN
PARAGRAPH 2 OR TO ACCOMPANY
ANY HABITUAL VAGRANT OR BEGGAR,
THE OFFENDER BEING ANY PERSON.
Q: WHAT IS THE QUALIFYING
CIRCUMSTANCE?
A: IF ANY OF THE PUNISHABLE ACTS
MENTIONED ABOVE IS MADE IN
CONSIDERATION OF ANY PRICE,
COMPENSATION OR PROMISE, THE
PENALTY IS HIGHER.
THE OFFENDER IS ENGAGED IN A KIND
OF BUSINESS THAT WOULD PLACE THE
LIFE OR LIMB OF THE MINOR IN
DANGER, EVEN THOUGH WORKING
FOR HIM IS NOT AGAINST THE WILL OF
THE MINOR.
AGE- MUST BE BELOW 16 YEARS. AT
THIS AGE, THE MINOR IS STILL
GROWING.
Q: WHAT KIND OF BUSINESS DOES ART.
278 SPEAK OF?
A: ART. 278 CONTEMPLATE A BUSINESS
THAT GENERALLY ATTRACTS CHILDREN
SO THEY THEMSELVES MAY ENJOY
WORKING THERE UNAWARE OF THE
DANGER TO THEIR OWN LIVES AND
LIMB, SUCH AS CIRCUSES.
Q: SUPPOSE THE EMPLOYER IS THE
PARENT OR ASCENDANT OF THE CHILD
WHO IS ALREADY 12 YEARS OF AGE, IS
THERE A CRIME OF EXPLOITATION OF
MINORS?
A: THE CRIME OF EXPLOITATION OF
MINORS IS NOT COMMITTED IF THE
EMPLOYER IS A PARENT OR
ASCENDANT UNLESS THE MINOR IS LESS
THAN 12 YEARS OLD.
RATIO: BECAUSE IF THE EMPLOYER IS
AN ASCENDANT, THE LAW REGARDS
THAT HE WOULD LOOK AFTER THE
WELFARE AND PROTECTION OF THE
CHILD; HENCE, THE AGE IS LOWERED TO
12 YEARS. BELOW THAT AGE, THE CRIME
IS COMMITTED.
Q: WHAT ARE THE DISTINCTIONS
BETWEEN EXPLOITATION OF MINORS
(ART. 278, PAR.5) AND INDUCING A
MINOR TO ABANDON HIS HOME (ART.
271)?
A:
EXPLOITATION OF MINORS
(ART. 278, PAR. 5) INDUCING A MINOR
TO ABANDON HIS HOME (ART. 271)
THE PURPOSE OF INDUCING THE MINOR
TO ABANDON THE HOME IS TO FOLLOW
ANY PERSON ENGAGED IN ANY OF THE
CALLINGS MENTIONED. NO SUCH
PERSON.
VICTIM IS UNDER 16 YEARS OF AGE.
VICTIM IS A MINOR (UNDER 18
YEARS OF AGE)
Q: CORRELATE EXPLOITATION OF
MINORS TO R.A 7610 (SPECIAL
PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT.)
A:
EXPLOITATION MINORS R.A. 7610
APPLIES TO MINORS BELOW 16 YEARS
OF AGE. APPLIES TO MINORS
BELOW 18 YEARS OLD.
THE BUSINESS IS OF SUCH KIND THAT
WOULD PLACE THE LIFE OR LIMB OF THE
MINOR IN DANGER, EVEN THOUGH
WORKING FOR HIM IS NOT AGAINST
THE WILL OF THE MINOR. AS LONG AS
THE EMPLOYMENT IS INIMICAL –EVEN
THOUGH THERE IS NO PHYSICAL RISK –
AND DETRIMENTAL TO THE CHILD’S
INTEREST – AGAINST MORAL,
INTELLECTUAL, PHYSICAL, AND MENTAL
DEVELOPMENT OF THE MINOR.
IF THE CHILD FELL AND SUFFERED
PHYSICAL INJURIES WHILE WORKING,
THE EMPLOYER SHALL BE LIABLE FOR
SAID PHYSICAL INJURIES IN ADDITION
TO HIS LIABILITY FOR EXPLOITATION OF
MINORS. NO SUCH SIMILAR
PROVISION EXISTS UNDER R.A 7610.
Q: DOES THE CRIMINAL LIABILITY FOR
NEGLECT OF CHILD UNDER ARTICLE 59
(4) OF PD 603 ATTACHES ONLY IF BOTH
PARENTS ARE GUILTY OF NEGLECTING
THE CHILD’S EDUCATION?
A: NO. THE LAW IS CLEAR. THE CRIME
MAY BE COMMITTED BY ANY PARENT.
LIABILITY FOR THE CRIME DOES NOT
DEPEND ON WHETHER THE OTHER
PARENT IS ALSO GUILTY OF NEGLECT.
THE LAW INTENDS TO PUNISH THE
NEGLECT OF ANY PARENT, WHICH
NEGLECT CORRESPONDS TO THE
FAILURE TO GIVE THE CHILD THE
EDUCATION WHICH THE FAMILY’S
STATION IN LIFE AND FINANCIAL
CONDITION PERMIT. THE IRRESPONSIBLE
PARENT CANNOT EXCULPATE HIMSELF
FROM THE CONSEQUENCES OF HIS
NEGLECT BY INVOKING THE OTHER
PARENT’S FAITHFUL COMPLIANCE WITH
HIS OR HER OWN PARENTAL DUTIES.
DE GUZMAN’S POSITION GOES
AGAINST THE INTENT OF THE LAW. TO
ALLOW THE NEGLECTFUL PARENT TO
SHIELD HIMSELF FROM CRIMINAL
LIABILITY DEFEATS THE PRESCRIPTION
THAT IN ALL QUESTIONS REGARDING
THE CARE, CUSTODY, EDUCATION AND
PROPERTY OF THE CHILD, HIS WELFARE
SHALL BE THE PARAMOUNT
CONSIDERATION. (ROBERT P. DE
GUZMAN V. HERNANDO B. PEREZ, ET
AL., G.R. NO. 156013, 25 JULY 2006).
NOTE: THE “NEGLECT OF CHILD”
PUNISHED UNDER ARTICLE 59(4) OF PD
603 IS ALSO A CRIME (KNOWN AS
“INDIFFERENCE OF PARENTS”)
PENALIZED UNDER THE SECOND
PARAGRAPH OF ARTICLE 277 OF THE
REVISED PENAL CODE. HENCE, IT IS
EXCLUDED FROM THE COVERAGE OF
RA 7610.
QUALIFIED TRESSPASS TO DWELLING
(ART. 280)
Art. 280. Qualified trespass to dwelling.
— Any private person who shall enter
the dwelling of another against the
latter's will shall be punished by
arresto mayor and a fine not
exceeding 1,000 pesos.
If the offense be committed by means
of violence or intimidation, the penalty
shall be prision correccional in its
medium and maximum periods and a
fine not exceeding 1,000 pesos.
The provisions of this article shall not
be applicable to any person who shall
enter another's dwelling for the
purpose of preventing some serious
harm to himself, the occupants of the
dwelling or a third person, nor shall it
be applicable to any person who shall
enter a dwelling for the purpose of
rendering some service to humanity or
justice, nor to anyone who shall enter
cafes, taverns, inn and other public
houses, while the same are open.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER IS A PRIVATE PERSON;
2. HE ENTERS THE DWELLING OF
ANOTHER;
3. SUCH ENTRANCE IS AGAINST THE
LATTER’S WILL.
Q: WHAT IS QUALIFYING
CIRCUMSTANCE OF THIS CRIME?
A: IF THE OFFENSE IS COMMITTED BY
MEANS OF VIOLENCE OR
INTIMIDATION, THE PENALTY IS HIGHER.
Q: WHAT IS A DWELLING?
A: A DWELLING IS A PLACE THAT A
PERSON INHABITS OR ANY BUILDING
OR STRUCTURE EXCLUSIVELY DEVOTED
FOR REST AND COMFORT. IT INCLUDES
THE DEPENDENCIES WHICH HAVE
INTERIOR COMMUNICATION WITH THE
HOUSE. IT IS NOT NECESSARY THAT IT BE
A PERMANENT DWELLING OF A
PERSON.
E.G.
1. A PERSON’S ROOM IN A HOTEL
2. A ROOM WHERE ONE RESIDES AS
A BOARDER.
NOTE: IN GENERAL, ALL MEMBERS OF
THE HOUSEHOLD MUST BE PRESUMED TO
HAVE AUTHORITY TO EXTEND AN
INVITATION TO ENTER THE HOUSE.
Q: WHAT IS MEANT BY THE PHRASE
“AGAINST THE WILL’?
A: “AGAINST THE WILL” MEANS THAT
THE ENTRANCE IS EITHER EXPRESSLY OR
IMPLIEDLY PROHIBITED.
Q: WHAT ARE SOME OF THE INSTANCES
WHERE PROHIBITION TO ENTER A
DWELLING IS IMPLIED OR PRESUMED?
A:
1. ENTERING A DWELLING OF
ANOTHER AT LATE HOUR OF THE NIGHT;
2. WHEN ENTRANCE IS MADE
THROUGH MEANS NOT INTENDED FOR
INGRESS;
3. THE EXISTENCE OF ENMITY OR
STRAINED RELATIONS BETWEEN THE
ACCUSED AND THE OCCUPANT.
Q: WHAT ARE THE VARIANT CRIMES
THAT MAY BE COMMITTED WHEN A
PERSON TRESPASSES A DWELLING?
A:
1. IF THE PURPOSE IN ENTERING THE
DWELLING IS NOT SHOWN, TRESPASS IS
COMMITTED.
2. IF THE PURPOSE IS SHOWN, IT
MAY BE ABSORBED IN THE CRIME AS IN
ROBBERY WITH FORCE UPON THINGS,
THE TRESPASS YIELDING TO THE MORE
SERIOUS CRIME.
3. BUT IF THE PURPOSE IS NOT
SHOWN AND WHILE INSIDE THE
DWELLING HE WAS FOUND BY THE
OCCUPANTS, ONE OF WHOM WAS
INJURED BY HIM, THE CRIME
COMMITTED WILL BE TRESPASS TO
DWELLING AND FRUSTRATED HOMICIDE,
PHYSICAL INJURIES, OR IF THERE WAS
NO INJURY, UNJUST VEXATION.
Q: MAY TRESPASS TO DWELLING TO
COMMITTED BY THE OWNER OF THE
HOUSE?
A: YES, IN CASES WHERE THE OWNER
HAS ALLOWED THE ROOMS OR THE
HOUSE TO BE RENTED BY OTHER
PERSONS, TRESPASS TO DWELLING IS
COMMITTED IF THE OWNER THEREOF
ENTERS THE ROOM OR HOUSE WITHOUT
THE KNOWLEDGE AND CONSENT AND
AGAINST THE WILL OF THE BOARDER OR
TENANT.
Q: UNDER WHAT CIRCUMSTANCES THE
CRIME OF TRESPASS TO DWELLING IS
NOT COMMITTED?
A:
1. WHEN THE PURPOSE OF THE
ENTRANCE IS TO PREVENT SERIOUS
HARM TO HIMSELF, THE OCCUPANT OR
THIRD PERSONS;
2. WHEN THE PURPOSE OF THE
OFFENDER IN ENTERING IS TO RENDER
SOME SERVICE TO HUMANITY OR
JUSTICE;
3. ANYONE WHO SHALL ENTER
CAFES, TAVERNS, INNS AND OTHER
PUBLIC HOUSES WHILE THEY ARE OPEN.
Q: WHAT ARE THE DISTINCTIONS
BETWEEN TRESPASS TO DWELLING AND
VIOLATION OF DOMICILE?
A:
TRESPASS TO DWELLING VIOLATION
OF DOMICILE
MAY BE COMMITTED BY ANY PRIVATE
PERSON WHO SHALL ENTER THE
DWELLING OF ANOTHER AGAINST THE
LATTER’S WILL. MAY BE COMMITTED
ONLY BY A PUBLIC OFFICER OR
EMPLOYEE AND THE VIOLATION MAY
CONSIST OF ANY OF THE THREE ACTS
MENTIONED IN ARTICLE 128 –
(1) ENTERING THE DWELLING
AGAINST THE WILL OF THE OWNER
WITHOUT JUDICIAL ORDER;
(2) SEARCHING PAPERS OR OTHER
EFFECTS FOUND IN SUCH DWELLING
WITHOUT THE PREVIOUS CONSENT OF
THE OWNER THEREOF; AND
(3) REFUSING TO LEAVE THE
DWELLING WHEN SO REQUESTED BY THE
OWNER THEREOF, AFTER HAVING
SURREPTITIOUSLY ENTERED SUCH
DWELLING.
OTHER FORMS OF TRESPASS (ART. 281)
Art. 281. Other forms of trespass. — The
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be
imposed upon any person who shall
enter the closed premises or the
fenced estate of another, while either
or them are uninhabited, if the
prohibition to enter be manifest and
the trespasser has not secured the
permission of the owner or the
caretaker thereof.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER ENTERS THE CLOSED
PREMISES OR THE FENCED ESTATE OF
ANOTHER;
2. ENTRANCE IS MADE WHILE EITHER
OF THEM IS UNINHABITED;
3. PROHIBITION TO ENTER IS
MANIFEST;
4. TRESPASSER HAS NOT SECURED
THE PERMISSION OF THE OWNER OR THE
CARETAKER THEREOF.
NOTE: THIS IS ALSO CALLED “TRESPASS
TO PROPERTY”
Q: WHAT ARE THE DISTINCTIONS
BETWEEN TRESPASS TO DWELLING AND
TRESPASS TO PROPERTY?
A:
TRESPASS TO DWELLING TRESPASS TO
PROPERTY
OFFENDER IS A PRIVATE PERSON
OFFENDER IS ANY PERSON.
OFFENDER ENTERS A DWELLING HOUSE.
OFFENDER ENTERS CLOSED
PREMISES OR FENCED ESTATE.
PLACE ENTERED IS INHABITED. PLACE
ENTERED IS UNINHABITED.
ACT CONSTITUTING THE CRIME IS
ENTERING THE DWELLING AGAINST THE
WILL OF THE OWNER. ACT
CONSTITUTING THE CRIME IS ENTERING
THE CLOSED PREMISES OR THE FENCED
ESTATE WITHOUT SECURING THE
PERMISSION OF THE OWNER OR
CARETAKER THEREOF.
PROHIBITION TO ENTER IS EXPRESS OR
IMPLIED. PROHIBITION TO ENTER
MUST BE MANIFEST.
GRAVE THREATS (ART. 282)
Art. 282. Grave threats. — Any person
who shall threaten another with the
infliction upon the person, honor or
property of the latter or of his family of
any wrong amounting to a crime, shall
suffer:
1. The penalty next lower in degree
than that prescribed by law for the
crime be threatened to commit, if the
offender shall have made the threat
demanding money or imposing any
other condition, even though not
unlawful, and said offender shall have
attained his purpose. If the offender
shall not have attained his purpose,
the penalty lower by two degrees shall
be imposed.
If the threat be made in writing or
through a middleman, the penalty
shall be imposed in its maximum
period.
2. The penalty of arresto mayor and a
fine not exceeding 500 pesos, if the
threat shall not have been made
subject to a condition.
Q: WHAT ARE THE PUNISHABLE ACTS?
A: THREATENING ANOTHER WITH THE
INFLICTION UPON HIS PERSON, HONOR
OR PROPERTY OR THAT OF HIS FAMILY
OF ANY WRONG AMOUNTING TO A
CRIME AND:
1. DEMANDING MONEY OR
IMPOSING ANY OTHER CONDITION,
EVEN THOUGH NOT UNLAWFUL, AND
THE OFFENDER ATTAINED HIS PURPOSE;
OR
2. THE THREAT NOT BEING SUBJECT
TO A CONDITION.
3. MAKING SUCH THREAT WITHOUT
THE OFFENDER ATTAINING HIS
PURPOSE.
Q: WHAT IS THE ESSENCE OF THE
CRIME?
A: INTIMIDATION. TO CONSTITUTE
GRAVE THREATS, IT MUST INSPIRE
TERROR OR FEAR UPON ANOTHER. IT IS
CHARACTERIZED BY MORAL PRESSURE
THAT PRODUCES ALARM.
NOTE: ACT THREATENED TO BE
COMMITTED MUST BE WRONG OR
UNLAWFUL. (E.G. THREATENING TO SUE
IS NOT UNLAWFUL)
IT IS CONSUMMATED AS SOON AS THE
THREATS COME TO THE KNOWLEDGE OF
THE PERSON THREATENED.
IT IS NOT NECESSARY THAT THE
OFFENDED PARTY WAS PRESENT AT THE
TIME THE THREATS WERE MADE.
G.R.: THE THREATS MADE IN
CONNECTION WITH THE COMMISSION
OF OTHER CRIMES, ARE ABSORBED BY
THE LATTER.
XPN: IF THE THREAT WAS MADE WITH
THE DELIBERATE PURPOSE OF CREATING
IN THE MIND OF THE PERSON
THREATENED THE BELIEF THAT THE
THREAT WOULD BE CARRIED INTO
EFFECT. IN SUCH CASE THE CRIME IS
GRAVE THREATS, AND THE MINOR
CRIME WHICH ACCOMPANIED IT
SHOULD BE DISREGARDED.
Q: WHAT IS A THREAT?
A: THREAT IS A DECLARATION OF AN
INTENTION OR DETERMINATION TO
INJURE ANOTHER BY THE COMMISSION
UPON HIS PERSON, HONOR, OR
PROPERTY OR UPON THAT OF HIS
FAMILY OF SOME WRONG WHICH MAY
OR MAY NOT AMOUNT TO A CRIME.
Q: WHAT IS THE DIFFERENCE BETWEEN
GRAVE THREATS AND LIGHT THREATS?
A:
GRAVE THREATS LIGHT THREATS
WHEN THE WRONG THREATENED TO BE
INFLICTED AMOUNTS TO A CRIME.
WHEN THE WRONG THREATENED
TO BE INFLICTED DOES NOT AMOUNT
TO A CRIME.
Q: TO CONSTITUTE GRAVE THREATS,
WHAT MUST THAT REFER TO?
A: THE THREATS MUST REFER TO A
FUTURE WRONG AND IS COMMITTED BY
ACTS OR THROUGH WORDS OF SUCH
EFFICIENCY TO INSPIRE TERROR OR
FEAR UPON ANOTHER. IT IS, THEREFORE,
CHARACTERIZED BY MORAL PRESSURE
THAT PRODUCES DISQUIETUDE OR
ALARM.
Q: WHAT IS THE PENALTY IMPOSED IF
THE OFFENDER SHALL HAVE ATTAINED
HIS PURPOSE AND IF THE PURPOSE IS
NOT ATTAINED?
A:
PENALTY IMPOSED
IF THE PURPOSE IS ATTAINED NEXT
LOWER IN DEGREE
IF THE PURPOSE IS NOT ATTAINED
LOWER BY TWO DEGREES
IF THREATS ARE MADE IN WRITING OR
THROUGH A MIDDLEMAN THE
MAXIMUM PERIOD BECAUSE THEY
MANIFEST EVIDENT PREMEDITATION.
Q: IS THREAT TO FILE CRIMINAL
CHARGE UNLAWFUL?
A: NO. THERE IS NOTHING UNLAWFUL
ON THE THREAT TO SUE. IN ART. 282, THE
THREATENED ACT MUST BE A “WRONG”
AND THREATENING TO SUE IS NOT A
“WRONG”.
Q: WHAT ARE THE DISTINCTIONS
BETWEEN THREAT AND COERCION?
A:
THREAT COERCION
ESSENCE OF THREAT IS INTIMIDATION. 2. THE WRONG DOES NOT
ESSENCE OF COERCION IS CONSTITUTE A CRIME.
VIOLENCE OR INTIMIDATION. 3. THERE IS A DEMAND FOR MONEY
WRONG OR HARM DONE IS FUTURE OR THAT OTHER CONDITION IS
AND CONDITIONAL. THERE IS NO IMPOSED, EVEN THOUGH LAWFUL.
CONDITION INVOLVED; HENCE, THERE 4. OFFENDER HAS ATTAINED OR
IS NO FUTURITY IN THE HARM OF HAS NOT ATTAINED HIS PURPOSE.
WRONG DONE. NOTE: LIGHT THREAT IS IN THE NATURE
OF BLACKMAILING. THE WRONG
Q: WHAT ARE THE DISTINCTIONS THREATENED DOES NOT AMOUNT TO A
BETWEEN THREAT AND ROBBERY? CRIME, COUPLED WITH A DEMAND FOR
A: MONEY OR OTHER CONDITIONS, EVEN
THREAT ROBBERY THOUGH LAWFUL.
INTIMIDATION IS FUTURE AND Q: WHAT ARE THE TWO POSSIBLE
CONDITIONAL. INTIMIDATION IS CRIMES INVOLVING BLACKMAILING?
ACTUAL AND IMMEDIATE. A:
INTIMIDATION MAY BE THROUGH AN a. LIGHT THREATS (ARTICLE 283)
INTERMEDIARY. INTIMIDATION IS IF THERE IS NO THREAT TO PUBLISH ANY
PERSONAL. LIBELOUS OR SLANDEROUS MATTER
MAY REFER TO THE PERSON, HONOR OR AGAINST THE OFFENDED PARTY
PROPERTY. REFERS TO PERSONAL b. THREATENING TO PUBLISH A LIBEL
PROPERTY. (ART. 356)
INTENT TO GAIN IS NOT AN ESSENTIAL IF THERE IS SUCH A THREAT TO MAKE A
ELEMENT THERE IS INTENT TO GAIN. SLANDEROUS OR LIBELOUS
THE DANGER TO THE VICTIM IS NOT PUBLICATION AGAINST THE OFFENDED
INSTANTLY IMMINENT NOR THE GAIN PARTY
OF THE CULPRIT IMMEDIATE. THE E.G. A PERSON THREATENS TO EXPOSE
DANGER INVOLVED IS DIRECTLY THE AFFAIRS OF MARRIED MAN IF THE
IMMINENT TO THE VICTIM AND THE LATTER DOES NOT GIVE HIM MONEY.
OBTAINMENT OF GAIN IMMEDIATE. THERE IS INTIMIDATION DONE UNDER A
DEMAND.
LIGHT THREATS (ART. 283) Q: WHAT IS THE PENALTY FOR THREATS?
Art. 283. Light threats. — Any threat to A: IN CASE OF GRAVE AND LIGHT
commit a wrong not constituting a THREATS, THE LAW IMPOSES THE
crime, made in the manner expressed PENALTY OF BOND FOR GOOD
in subdivision 1 of the next preceding BEHAVIOR. IF THE OFFENDER CANNOT
article, shall be punished by arresto POST THE BOND, HE WILL BE BANISHED
mayor. BY WAY OF DESTIERRO TO PREVENT HIM
Q: WHAT ARE THE ELEMENTS OF THE FROM CARRYING OUT HIS THREAT.
CRIME OF LIGHT THREATS? OTHER LIGHT THREATS (ART. 285)
A: Art. 285. Other light threats. — The
1. OFFENDER MAKES A THREAT TO penalty of arresto menor in its
COMMIT A WRONG. minimum period or a fine not
exceeding 200 pesos shall be
imposed upon:
1. Any person who, without being
included in the provisions of the next
preceding article, shall threaten
another with a weapon or draw such
weapon in a quarrel, unless it be in
lawful self-defense.
2. Any person who, in the heat of
anger, shall orally threaten another
with some harm not constituting a
crime, and who by subsequent acts
show that he did not persist in the idea
involved in his threat, provided that
the circumstances of the offense shall
not bring it within the provisions of
Article 282 of this Code.
3. Any person who shall orally threaten
to do another any harm not
constituting a felony.
Q: WHAT ARE THE PUNISHABLE ACTS
UNDER ART. 285?
A:
1. THREATENING ANOTHER WITH A
WEAPON, OR BY DRAWING SUCH
WEAPON IN A QUARREL, UNLESS IT IS IN
LAWFUL SELF-DEFENSE.
HERE, THE WEAPON MUST NOT BE
DISCHARGED.
2. ORALLY THREATENING ANOTHER,
IN THE HEAT OF ANGER, WITH SOME
HARM CONSTITUTING A CRIME,
WITHOUT PERSISTING IN THE IDEA
INVOLVED IN HIS THREAT.
3. ANY THREAT MADE IN A JEST OR
IN THE HEAT OF ANGER CONSTITUTES
LIGHT THREAT ONLY.
4. ORALLY THREATENING TO DO
ANOTHER ANY HARM NOT
CONSTITUTING A FELONY.
Q: WHAT IS THE NATURE OF OTHER
LIGHT THREATS?
A: IT IS NOT SUBJECT TO A DEMAND
FOR MONEY OR ANY MATERIAL
CONSIDERATION AND THE WRONG
THREATENED DOES NOT AMOUNT TO A
CRIME.
GRAVE COERCIONS (ART. 286)
Art. 286. Grave coercions. — The
penalty of arresto mayor and a fine
not exceeding 500 pesos shall be
imposed upon any person who,
without authority of law, shall, by
means of violence, prevent another
from doing something not prohibited
by law, or compel him to do
something against his will, whether it
be right or wrong.
If the coercion be committed for the
purpose of compelling another to
perform any religious act or to prevent
him from so doing, the penalty next
higher in degree shall be imposed.
Q: WHAT ARE THE PUNISHABLE ACTS?
A:
1. PREVENTING ANOTHER, BY
MEANS OF VIOLENCE, THREAT OR
INTIMIDATION, FROM DOING
SOMETHING NOT PROHIBITED BY LAW.
2. COMPELLING ANOTHER, BY
MEANS OF VIOLENCE, THREATS OR
INTIMIDATION, TO DO SOMETHING
AGAINST HIS WILL, WHETHER IT BE RIGHT
OR WRONG.
Q: WHAT ARE THE ELEMENTS OF GRAVE
COERCIONS?
A:
1. A PERSON PREVENTED ANOTHER
FROM DOING SOMETHING NOT
PROHIBITED BY LAW, OR THAT HE
COMPELLED HIM TO DO SOMETHING
AGAINST HIS WILL; BE IT RIGHT OR
WRONG;
2. PREVENTION OR COMPULSION
BE EFFECTED BY VIOLENCE, THREATS OR
INTIMIDATION; AND
3. PERSON THAT RESTRAINED THE
WILL AND LIBERTY OF ANOTHER HAD
NOT THE AUTHORITY OF LAW OR THE
RIGHT TO DO SO.
NOTE: COERCION IS CONSUMMATED
EVEN IF THE OFFENDED PARTY DID NOT
ACCEDE TO THE PURPOSE OF THE
COERCION.
THE ESSENCE OF COERCION IS AN
ATTACK ON INDIVIDUAL LIBERTY.
Q: WHEN CAN THERE BE GRAVE
COERCION?
A:
1. PREVENTIVE – THE OFFENDER
USES VIOLENCE TO PREVENT THE VICTIM
FROM DOING WHAT HE WANTS TO DO;
AND
HERE, THE ACT PREVENTED IS NOT
PROHIBITED BY LAW.
2. COMPULSIVE – THE OFFENDER
USES VIOLENCE TO COMPEL THE
OFFENDED PARTY TO DO WHAT HE
DOES NOT WANT TO DO.
THE ACT COMPELLED MAY OR MAY
NOT BE PROHIBITED BY LAW.
Q: WHAT KIND OF VIOLENCE MUST BE
EMPLOYED IN GRAVE COERCION?
A: THE VIOLENCE EMPLOYED IN GRAVE
COERCION MUST BE IMMEDIATE,
ACTUAL OR IMMINENT. IN THE ABSENCE
OF ACTUAL OR IMMINENT FORCE OR
VIOLENCE, COERCION IS NOT
COMMITTED. THE ESSENCE OF
COERCION IS AN ATTACK ON
INDIVIDUALLY LIBERTY.
Q: SUPPOSE A PERSON PROHIBITS
ANOTHER TO DO AN ACT BECAUSE THE
ACT IS A CRIME, AND VIOLENCE OR
INTIMIDATION IS EMPLOYED, IS THERE
GRAVE COERCION?
A: THERE IS NO GRAVE COERCION
BECAUSE THE ACT FROM WHICH A
PERSON IS PREVENTED FROM DOING IS
A CRIME. IT MAY ONLY GIVE RISE TO
THREAT OR PHYSICAL INJURIES, IF SOME
INJURIES ARE INFLICTED.
HOWEVER, IN CASE OF GRAVE
COERCION WHERE THE OFFENDED
PARTY IS BEING COMPELLED TO DO
SOMETHING AGAINST HIS WILL,
WHETHER IT BE WRONG OR NOT, THE
CRIME OF GRAVE COERCION IS
COMMITTED IF VIOLENCE OR
INTIMIDATION IS EMPLOYED IN ORDER
TO COMPEL HIM TO DO THE ACT.
Q: WHEN THE PROPERTY OF A DEBTOR IS
SEIZED, WHAT VARIANT CRIMES MAY
RESULT?
A:
1. LIGHT COERCION – IF BY MEANS
OF VIOLENCE, THE PROPERTY IS APPLIED
TO THE DEBT.
2. ROBBERY – IF THE VALUE OF THE
PROPERTY SEIZED IS GREATER THAN
THAT OF THE DEBT (INTENT TO GAIN IS
PRESENT IN THIS CASE) AND VIOLENCE
AND INTIMIDATION ARE EMPLOYED.
3. ESTAFA – IF THERE IS NO
OBLIGATION ON THE PART OF THE
OFFENDED PARTY BUT WAS ONLY
FEIGNED. THERE IS ESTAFA BECAUSE
DECEIT IS EMPLOYED.
Q: WHAT DISTINGUISHES GRAVE
COERCION FROM UNJUST VEXATION?
A:
GRAVE COERCION UNJUST
VEXATION
THE ACT OF PREVENTING BY FORCE
MUST BE MADE AT THE TIME THE
OFFENDED PARTY WAS DOING OR
ABOUT TO DO THE ACT TO BE
PREVENTED. THE ACT WAS ALREADY
DONE WHEN VIOLENCE IS EXERTED.
LIGHT COERCIONS (ART. 287)
Art. 287. Light coercions. — Any
person who, by means of violence,
shall seize anything belonging to his
debtor for the purpose of applying the
same to the payment of the debt, shall
suffer the penalty of arresto mayor in
its minimum period and a fine
equivalent to the value of the thing,
but in no case less than 75 pesos
Any other coercions or unjust
vexations shall be punished by arresto
menor or a fine ranging from 5 pesos
to 200 pesos, or both.
Q: WHAT ARE THE ELEMENTS OF LIGHT
COERCION?
A:
1. OFFENDER MUST BE A CREDITOR;
2. HE SEIZES ANYTHING
BELONGING TO HIS DEBTOR;
3. SEIZURE OF THE THING BE
ACCOMPLISHED BY MEANS OF
VIOLENCE OR A DISPLAY OF MATERIAL
FORCE PRODUCING INTIMIDATION;
4. PURPOSE OF THE OFFENDER IS TO
APPLY THE SAME TO THE PAYMENT OF
THE DEBT.
NOTE: THE FIRST PARAGRAPH OF ART.
287 DEALS DEALS WITH LIGHT
COERCIONS WHEREIN VIOLENCE IS
EMPLOYED BY THE OFFENDER WHO IS A
CREDITOR IN SEIZING ANYTHING
BELONGING TO THE DEBTOR FOR THE
PURPOSE OF APPLYING THE SAME TO
THE PAYMENT OF THE DEBT.
IN THE OTHER LIGHT COERCIONS OR
UNJUST VEXATION EMBRACED IN THE
SECOND PARAGRAPH, VIOLENCE IS
ABSENT.
TAKING POSSESSION OF THE THING
BELONGING TO THE DEBTOR, THROUGH
DECEIT AND MISREPRESENTATION, FOR
THE PURPOSE OF APPLYING THE SAME
TO THE PAYMENT OF DEBT, IS UNJUST
VEXATION UNDER THE 2ND
PARAGRAPH OF ART. 287.
Q: WHAT IS UNJUST VEXATION?
A: UNJUST VEXATION IS ANY ACT
COMMITTED WITHOUT VIOLENCE, BUT
WHICH UNJUSTIFIABLY ANNOYS OR
VEXES AN INNOCENT PERSON.
Q: WHAT IS THE PURPOSE OF THE LAW
FOR PENALIZING COERCION AND
UNJUST VEXATION?
A: TO ENFORCE THE PRINCIPLE THAT NO
PERSON MAY TAKE THE LAW INTO HIS
HANDS AND THAT OUR GOVERNMENT
IS ONE OF LAWS, NOT OF MEN.
COMPULSORY PRCHSE OF
MERCHANDISE AND PAYMENT OF
WAGES BY MEANS OF TOKENS
(ART. 288)
Art. 288. Other similar coercions;
(Compulsory purchase of
merchandise and payment of wages
by means of tokens.) — The penalty of
arresto mayor or a fine ranging from
200 to 500 pesos, or both, shall be
imposed upon any person, agent or
officer, of any association or
corporation who shall force or
compel, directly or indirectly, or shall
knowingly permit any laborer or
employee employed by him or by
such firm or corporation to be forced
or compelled, to purchase
merchandise or commodities of any
kind.
The same penalties shall be imposed
upon any person who shall pay the
wages due a laborer or employee
employed by him, by means of tokens
or objects other than the legal tender
currency of the laborer or employee.
Q: WHAT ARE THE PUNISHABLE ACTS?
A:
1. FORCING OR COMPELLING,
DIRECTLY OR INDIRECTLY OR
KNOWINGLY PERMITTING THE FORCING
OR COMPELLING OF THE LABORER OR ALLEGED TO REPRESENT LEGAL TENDER
EMPLOYEE OF THE OFFENDER TO IS ABSOLUTELY PROHIBITED EVEN WHEN
PURCHASE MERCHANDISE OR EXPRESSLY REQUESTED BY THE
COMMODITIES OF ANY KIND FROM EMPLOYEE.
HIM.
ELEMENTS: FORMATION, MAINTENANCE, AND
a. OFFENDER IS ANY PERSON, PROHIBITION OF COMBINATION OF
AGENT OR OFFICER OF ANY CAPITAL OR LABOR THROUGH
ASSOCIATION OR CORPORATION; VIOLENCE OR THREATS (ART. 289)
b. HE OR SUCH FIRM OR Art. 289. Formation, maintenance and
CORPORATION HAS EMPLOYED prohibition of combination of capital
LABORERS OR EMPLOYEES; or labor through violence or threats. —
c. HE FORCES OR COMPELS, The penalty of arresto mayor and a
DIRECTLY OR INDIRECTLY, OR fine not exceeding 300 pesos shall be
KNOWINGLY PERMITS TO BE FORCED imposed upon any person who, for the
OR COMPELLED, ANY OF HIS OR ITS purpose of organizing, maintaining or
LABORERS OR EMPLOYEES TO preventing coalitions or capital or
PURCHASE MERCHANDISE OR labor, strike of laborers or lock-out of
COMMODITIES OF ANY KIND FROM employees, shall employ violence or
HIM OR FROM SAID FIRM OR threats in such a degree as to compel
CORPORATION. or force the laborers or employers in
2. PAYING THE WAGES DUE HIS the free and legal exercise of their
LABOR OR EMPLOYEE BY MEANS OF industry or work, if the act shall not
TOKENS OR OBJECTS OTHER THAN THE constitute a more serious offense in
LEGAL TENDER CURRENCY OF THE accordance with the provisions of this
PHILIPPINES, UNLESS EXPRESSLY Code.
REQUESTED BY SUCH LABORER OR Q: WHAT ARE THE ELEMENTS OF THIS
EMPLOYEE. CRIME?
A:
ELEMENTS: 1. OFFENDER EMPLOYS VIOLENCE
a. OFFENDER PAYS THE WAGES DUE OR THREATS, IN SUCH A DEGREE AS TO
A LABORER OR EMPLOYEE EMPLOYED COMPEL OF FORCE THE LABORERS OR
BY HIM BY MEANS OF TOKENS OR EMPLOYERS IN THE FREE AND LEGAL
OBJECT; EXERCISE OF THEIR INDUSTRY OR WORK;
b. THOSE TOKENS OR OBJECTS ARE 2. PURPOSE IS TO ORGANIZE,
OTHER THAN THE LEGAL CURRENCY OF MAINTAIN OR PREVENT COALITIONS OF
THE PHILIPPINES; CAPITAL OR LABOR, STRIKE OF
c. SUCH EMPLOYEE OR LABORER LABORERS OR LOCKOUT OF
DOES NOT EXPRESSLY REQUEST THAT HE EMPLOYERS.
BE PAID BY MEANS OF TOKENS OR
OBJECTS. DISCOVERING SECRETS THROUGH
NOTE: THE USE OF TOKENS, SEIZURE OF CORRESPONDENCE (ART.
PROMISSORY NOTES, VOUCHERS, 290)
COUPONS, OR ANY OTHER FORM
Art. 290. Discovering secrets through
seizure of correspondence. — The
penalty of prision correccional in its
minimum and medium periods and a
fine not exceeding 500 pesos shall be
imposed upon any private individual
who in order to discover the secrets of
another, shall seize his papers or
letters and reveal the contents thereof.
If the offender shall not reveal such
secrets, the penalty shall be arresto
mayor and a fine not exceeding 500
pesos.
The provision shall not be applicable
to parents, guardians, or persons
entrusted with the custody of minors
with respect to the papers or letters of
the children or minors placed under
their care or study, nor to spouses with
respect to the papers or letters of
either of them.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER IS A PRIVATE
INDIVIDUAL OR EVEN A PUBLIC
OFFICER NOT IN THE EXERCISE OF HIS
OFFICIAL FUNCTION;
2. HE SEIZES THE PAPERS OR LETTERS
OF ANOTHER;
3. PURPOSE IS TO DISCOVER THE
SECRETS OF SUCH ANOTHER PERSON;
4. OFFENDER IS INFORMED OF THE
CONTENTS OF THE PAPERS OR LETTERS
SIZED.
NOTE: THIS IS A CRIME AGAINST THE
SECURITY OF ONE’S PAPERS AND
EFFECTS. THE PURPOSE MUST BE TO
DISCOVER ITS EFFECTS. THE ACT
VIOLATES THE PRIVACY OF
COMMUNICATION.
IT IS NOT NECESSARY THAT THE
OFFENDER SHOULD ACTUALLY
DISCOVER THE CONTENTS OF THE
LETTER.
PREJUDICE TO THE OFFENDED PARTY IS
NOT AN ELEMENT OF THE OFFENSE.
IT IS NOT APPLICABLE TO PARENTS,
GUARDIANS, OR PERSONS ENTRUSTED
WITH THE CUSTODY OF MINORS WITH
RESPECT TO PAPERS OR LETTERS OF THE
CHILDREN OR MINORS PLACED UNDER
THEIR CARE OR CUSTODY, OR TO
SPOUSES WITH RESPECT TO THE PAPERS
OR LETTERS OF EITHER OF THEM.
Q: WHAT IS THE QUALIFYING
CIRCUMSTANCE OF THIS CRIME?
A: WHEN THE OFFENDER REVEALS THE
CONTENTS OF SUCH PAPER OR LETTERS
OF ANOTHER TO A 3RD PERSON.
REVEALING SECRETS WITH ABUSE OF
OFFICE
(ART. 291)
Art. 291. Revealing secrets with abuse
of office. — The penalty of arresto
mayor and a fine not exceeding 500
pesos shall be imposed upon any
manager, employee, or servant who,
in such capacity, shall learn the
secrets of his principal or master and
shall reveal such secrets.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER IS A MANAGER,
EMPLOYEE OR SERVANT;
2. HE LEARNS THE SECRETS OF HIS
PRINCIPAL OR MASTER IN SUCH
CAPACITY;
3. HE REVEALS SUCH SECRETS.
ILLUSTRATION:
AN EMPLOYEE, MANAGER, OR
SERVANT WHO CAME TO KNOW OF THE
SECRET OF HIS MASTER OR PRINCIPAL
IN SUCH CAPACITY AND REVEALS THE
SAME SHALL ALSO BE LIABLE
REGARDLESS OF WHETHER OR NOT THE
PRINCIPAL OR MASTER SUFFERED
DAMAGES.
IF THE MATTER PERTAINS TO THE
BUSINESS OF THE EMPLOYER OR
MASTER, DAMAGE IS NECESSARY AND
THE AGENT, EMPLOYEE OR SERVANT
SHALL ALWAYS BE LIABLE.
RATIO: NO ONE HAS A RIGHT TO THE
PERSONAL PRIVACY OF ANOTHER.
Q: WHAT IS THE ESSENCE OF THIS
CRIME?
A: THE ESSENCE OF THIS CRIME IS THAT
THE OFFENDER LEARNED OF THE SECRET
IN THE COURSE OF HIS EMPLOYMENT.
HE IS ENJOYING A CONFIDENTIAL
RELATION WITH THE EMPLOYER OR
MASTER SO HE SHOULD RESPECT THE
PRIVACY OF MATTERS PERSONAL TO
THE LATTER.
REVELATION OF INDUSTRIAL SECRETS
(ART. 292)
Art. 292. Revelation of industrial
secrets. — The penalty of prision
correccional in its minimum and
medium periods and a fine not
exceeding 500 pesos shall be
imposed upon the person in charge,
employee or workman of any
manufacturing or industrial
establishment who, to the prejudice of
the owner thereof, shall reveal the
secrets of the industry of the latter.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER IS A PERSON IN
CHARGE, EMPLOYEE OR WORKMAN OF
A MANUFACTURING OR INDUSTRIAL
ESTABLISHMENT;
2. MANUFACTURING OR
INDUSTRIAL ESTABLISHMENT HAS A
SECRET OF THE INDUSTRY WHICH THE
OFFENDER HAS LEARNED;
3. OFFENDER REVEALS SUCH
SECRETS;
4. PREJUDICE IS CAUSED TO THE
OWNER.
NOTE: A BUSINESS SECRET MUST NOT BE
KNOWN TO OTHER BUSINESS ENTITIES
OR PERSONS. IT IS A MATTER TO BE
DISCOVERED, KNOWN AND USED BY
AND MUST BELONG TO ONE PERSON
OR ENTITY EXCLUSIVELY.
DAMAGE OR PREJUDICE TO THE
OWNER IS A NECESSARY ELEMENT.
ONE WHO MERELY COPIES THEIR
MACHINES FROM THOSE ALREADY
EXISTING AND FUNCTIONING CANNOT
CLAIM TO HAVE A BUSINESS SECRET,
MUST LESS, A DISCOVERY WITHIN THE
CONTEMPLATION OF ARTICLE 292.
TITLE TEN
CRIMES AGAINST PROPERTY
ROBBERY (ART. 293)
Art. 293. Who are guilty of robbery. —
Any person who, with intent to gain,
shall take any personal property
belonging to another, by means of
violence or intimidation of any person,
or using force upon anything shall be
guilty of robbery.
Q: What is robbery?
A: Robbery is the taking of personal
property belonging to another, with
intent to gain, by means of violence,
against, or intimidation of any person
or using force upon anything.
Q: What are the classes of robbery?
A:
1. ROBBERY WITH VIOLENCE
AGAINST OF INTIMIDATION OF
PERSONS. (ART. 294, 297 AND 298)
2. ROBBERY BY THE USE OF FORCE
UPON THINGS (ART. 299, 302).
Q: WHAT ARE THE ELEMENTS
ROBBERY IN GENERAL?
A:
1. THERE IS PERSONAL PROPERTY
BELONGING TO ANOTHER;
2. THERE IS UNLAWFUL TAKING OF
THAT PROPERTY;
3. TAKING MUST BE WITH INTENT TO
GAIN; AND
4. THERE IS VIOLENCE AGAINST OR
INTIMIDATION OF ANY PERSON, OR
FORCE UPON ANYTHING.
NOTE: WHERE VIOLENCE OR
INTIMIDATION AND FORCE UPON
THINGS ARE BOTH PRESENT IN THE
COMMISSION OF THE ROBBERY, THE
VIOLENCE OR INTIMIDATION IS
CONTROLLING ELEMENT.
RATIO: ROBBERY CHARACTERIZED BY
VIOLENCE OR INTIMIDATION AGAINST
THE PERSON IS EVIDENTLY GRAVER
THAN ORDINARY ROBBER COMMITTED
BY THE FORCE UPON THINGS.
NOTE: VIOLENCE OR INTIMIDATION
UPON PERSONS MAY RESULT IN DEATH
OR MUTILATION OR RAPE OR SERIOUS
PHYSICAL INJURIES.
ROBBERIES COMMITTED IN DIFFERENT
HOUSES CONSTITUTE SENATE CRIMES
OF ROBBERY.
BUT IF THE ROBBERIES ARE COMMITTED
UPON DIFFERENT VICTIMS ON THE SAME
OCCASION AND IN THE SAME PLACE,
ONLY ONE ROBBERY IS COMMITTED AS
THE ROBBERIES ARE MERE INCIDENTS OF
A SINGLE CRIMINAL INTENT.
Q: WHAT IS THE MEANING OF
OF “UNLAWFUL TAKING”?
A: “UNLAWFUL TAKING” MEANS
APPROPRIATING A THING BELONGING
TO ANOTHER AND PLACING IT UNDER
ONE’S CONTROL AND POSSESSION.
Q: WHEN IS “UNLAWFUL TAKING”
COMPLETE?
A:
1. AS TO ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF
PERSONS – FROM THE MOMENT THE
OFFENDER GAINS POSSESSION OF THE
THING, EVEN IF THE CULPRIT HAS HAD
NO OPPORTUNITY TO DISPOSE OF THE
SAME, THE UNLAWFUL TAKING IS
COMPLETE.
2. AS TO ROBBERY WITH FORCE
UPON THINGS – THE THING MUST BE
TAKEN OUT OF THE BUILDING/PREMISES
TO CONSUMMATE THE CRIME.
Q: WHEN IS ROBBERY CONSUMMATED?
A: THERE MUST BE INCONTROVERTIBLE
PROOF THAT PROPERTY WAS TAKEN
FROM THE VICTIM BOCALAN IS GUILTY
OF ATTEMPTED ROBBERY ONLY WHEN
HE COMMENCED THE COMMISSION OF
ROBBERY DIRECTLY BY OVERT ACTS
AND DID NOT PERFORM ALL THE ACTS
AND DID NOT PERFORM ALL THE ACTS
OF EXECUTION WHICH WOULD
PRODUCE ROBBERY BY REASON OF
SOME CAUSES OR ACCIDENT OTHER
THAN HIS OWN SPONTANEOUS
DESISTANCE.
ILLUSTRATION:
IN THIS CASE, TUKLAW DEMANDED
FROM THE VICTIM, “TOL, PERA-PERA
LANG ITO, DAHIL KAILANGAN LANG”.
THE VICTIM REFUSED TO PART WITH HIS
EARNINGS AND RESISTED. HE EVEN
TRIED TO GET OUT OF THE TAXICAB BUT
TUKLAW PULLED HIM BACK AND
STABBED HIM. BOCALAN, ET AL.
FOLLOWED SUIT AND ATABBED THE
VICTIM WITH THEIR BLADED WEAPONS.
THE VICTIM WAS ABLE TO FLEE FROM
THE VEHICLE WITHOUT ANYTHING
BEING TAKEN FROM HIM. BOCALAN
AND HIS CONFEDERATES COMMENCED
BY OVERT ACTS THE EXECUTION OF THE
ROBBERY, BUT FAILED TO PERFORM ALL
THE ACTS OF EXECUTION BY REASON
OF THE VICTIM’S RESISTANCE. HENCE,
BOCALAN AND HIS CO-
CONSPIRATORS ARE GUILTY ONLY OF
ATTEMPTED ROBBERY WITH HOMICIDE.
(PEOPLE VS. BOCALAN ET. AL. G.R. NO.
141527. SEPTEMBER 4, 2003)
Q: POSING AS A DETECTIVE IN THE
MANILA POLICE AND FLASHING A
POLICE BADGE, JOSE, JOBLESS AND
WITHOUT ANY KNOWN ADDRESS AND
OCCUPATION, TOLD MANDING AND
LILING, WHO WERE THEN SITTING IN A
DARK CORNER IN THE LUNETA PARK,
THAT HE WAS PLACING THEM TO THE
POLICE STATION FOR BOOKING.
MANDING AND LILING PROTESTED,
SAYING THAT THEY WEREMERELY
ENJOYING THE EVENING ALONE, AS
THEY WERE SWEETHEARTS AND BOTH
GAINFULLY EMPLOYED. JOSE TOLD
THEM THAT THEY CAN GIVE THEIR
EXPLANATIONS AT THE POLICE
STATION. NOT WANTING TO BE
BOTHERED AND EMBARRASSED,
MANDING OFFERED JOSE P200.00 TO
LET THEM GO. JOSE AGREED, GOT THE
MONEY, AND LEFT. EXPLAIN WHETHER
UNDER THE FACTS GIVEN JOSE
COMMITTED ANY CRIME.
A: JOSE IS LIABLE FOR ROBBERY. BY
POSING AS A DETECTIVE WITH A
POLICE BADGE, TELLING MANDING
AND LILING, WHO WERE SITTING IN A
DARK CORNER IN LUNETA PARK THAT
THEY WOULD BE PLACED UNDER ARREST
FOR VAGEANCY AND BROUGHT TO THE
POLICE STATION FOR BOOKING AND
BY NOT LISTENING TO THE
EXPLANATION OF MANDING AND
LILING THAT THEY WERE SWEETHEARTS
AND GAINFULLY EMPLOYED WHICH
JOSE SAID THEY COULD EXPLAIN IN THE
POLICE STATION, CREATED FEAR IN THE
MIND OF THE COUPLE OR A SENSE OF
MENTAL DISTRESS IN VIEW OF THE RISK
OR EVIL OR EMBARRASSMENT THAT IS
IMPENDING. THIS FEAR CONTINUED IN
THE MIND OF THE OFFENDED PARTIES
WHEN THEY OFFERED THE P200 TO JOSE
WHICH HE ACCEPTED AND THEN
RECEIVED THE MONEY. (1987 BAR
QUESTION)
Q: A, B, C, D, AND E WERE IN A
BEERHOUSE ALONG MCARTHUR
HIGHWAY HAVING A DRINKING SPREE.
AT ABOUT 1 O’CLOCK IN THE
MORNING, THEY DECIDED TO LEAVE
AND SO ASKED FOR THE BILL. THEY
DECIDED TO LEAVE AND SO ASKED FOR
THE BILL. THEY POOLED THEIR MONEY
TOGETHER BUT THEY WERE STILL SHORT
OF P2, 000.00. E THEN ORCHESTRATED A
PLAN WHEREBY A, B, C AND D WOULD
GO OUT, FLAG A TAXICAB AND ROB
THE TAXI DRIVER OF ALL HIS MONEY
WHILE E WOULD WAIT FOR THEM IN THE
BEERHOUSE. A, B, C AND D AGREED.
ALL ARMED WITH BALISONGS, A, B, C
AND D HAILED THE FIRST TAXICAB THEY
ENCOUNTERED. AFTER ROBBING X, THE
DRIVER, OF HIS EARINGS, WHICH
AMOUNTED TO P1,000.00 ONLY, THEY
NEEDED P1,000.00 MORE TO MEET THEIR
BILL. SO, THEY DECIDED TO HAIL
ANOTHER TAXICAB AND THEY AGAIN
ROBBED DRIVER Y OF HIS HARD-
EARNED MONEY AMOUNTING TO
P1,000.00. ON THEIR WAY BACK TO THE
BEERHOUSE, THEY WERE APPREHENDED
BY A POLICE TEAM UPON THE
COMPLAINT OF X. THE DRIVER OF THE
FIRST CAB. THEY POINTED TO B AS THE
MASTERMIND. WHAT CRIME OR
CRIMES, IF ANY, DID A,B,C,D AND E
COMMIT? EXPLAIN FIULLY.
A: A, B, C, D AND E ARE LIABLE FOR
TWO (2) COUNTS OF TROBBERY UNDER
ARTICLE 294 OF THE REVISED PENAL
CODE; NOT FOR HIGHWAY ROBBERY
UNDER PD 532. THE OFFENDERS ARE
NOT BRIGANDS BUT ONLY COMMITTED
THE ROBBERY TO RAISE MONEY TO PAY
THEIR BILL BECAUSE IT HAPPENED THAT
THEY WERE SHORT OF MONEY TO PAY
THE SAME. (2000 BAR QUESTION).
ROBBERY WITH VIOLENCE AGAINST FOR
INTIMIDATION OF PERSONS (ART. 294)
Art. 294. Robbery with violence
against or intimidation of persons;
Penalties. — Any person guilty of
robbery with the use of violence
against or intimidation of any person
shall suffer:
1. The penalty of reclusion perpetua to
death, when by reason or on occasion
of the robbery, the crime of homicide
shall have been committed.
2. The penalty of reclusion temporal in
its medium period to reclusion
perpetua when the robbery shall have
been accompanied by rape or
intentional mutilation, or if by reason
or on occasion of such robbery, any of
the physical injuries penalized in
subdivision 1 of Article 263 shall have
been inflicted; Provided, however, that
when the robbery accompanied with
rape is committed with a use of a
deadly weapon or by two or more
persons, the penalty shall be reclusion
perpetua to death (As amended by
PD No. 767).
3. The penalty of reclusion temporal,
when by reason or on occasion of the
robbery, any of the physical injuries
penalized in subdivision 2 of the article
mentioned in the next preceding
paragraph, shall have been inflicted.
4. The penalty of prision mayor in its
maximum period to reclusion
temporal in its medium period, if the
violence or intimidation employed in
the commission of the robbery shall
have been carried to a degree clearly
unnecessary for the commission of the
crime, or when the course of its
execution, the offender shall have
inflicted upon any person not COMMISSION OF THE ROBBERY IS
responsible for its commission any of CARRIED TO A DEGREE CLEARLY
the physical injuries covered by sub- UNNECESSARY FOR THE COMMISSION
divisions 3 and 4 of said Article 23. OF THE CRIME.
5. The penalty of prision correccional 10. WHEN IN THE COURSE OF ITS
in its maximum period to prision EXECUTION, THE OFFENDER SHALL
mayor in its medium period in other HAVE INFLICTED UPON ANY PERSON
cases. (As amended by R. A. 18). NOT RESPONSIBLE FOR THE
Q: What are the punishable acts under COMMISSION OF THE ROBBERY ANY OF
Art. 294? THE PHYSICAL INJURIES IN
A: CONSEQUENCE OF WHICH THE PERSON
1. WHEN BY REASON OR ON INJURED:
OCCASION OF THE ROBBERY THE 11. BECOMES DEFORMED OR
CRIME OF HOMICIDE IS COMMITTED. 12. LOSES ANY OTHER MEMBER OF
2. WHEN THE ROBBERY IS HIS BODY OR
ACCOMPANIED BY: 13. LOSES THE USE THEREOF OR
a. RAPE OR 14. BECOMES ILL OR
b. INTENTIONAL MUTILATION OR INCAPACITATED FOR THE
c. ARSON. PERFORMANCE OF THE WORK IN
3. WHEN BY REASON OR ON WHICH HE IS HABITUALLY ENGAGED
OCCASION OF SUCH ROBBERY, ANY FOR MORE THAN 90 DAYS OR
OF THE PHYSICAL INJURIES RESULTING 15. BECOMES ILL OR
IN: INCAPACITATED FOR LABOR FOR MORE
4. INSANITY; THAN 30 DAYS.
5. IMBECILITY; 16. IF THE VIOLENCE EMPLOYED BY
6. IMPOTENCY OR THE OFFENDER DOES NOT CAUSE ANY
7. BLINDNESS IS INFLICTED OF THE SERIOUS PHYSICAL INJURIES
8. WHEN BY REASON OR ON DEFINED IN ART. 263, OR IF THE
OCCASION OF ROBBERY, ANY OF THE OFFENDER EMPLOYS INTIMIDATION
PHYSICAL INJURIES RESULTING IN: ONLY.
a. THE LOSS OF THE USE OF SPEECH
OR ROBBERY WITH HOMICIDE (PAR. 1)
b. THE POWER TO HEAR OR TO Q: WHAT IS ROBBERY WITH HOMICIDE?
SMELL, OR A: IF DEATH RESULTS OR EVEN
c. THE LOSS OF AN EYE, A HAND, A ACCOMPANIES A ROBBERY, THE CRIME
FOOT, AN ARM OR A LEG OR WILL BE ROBBERY WITH HOMICIDE
d. THE LOSS OF THE USE OF ANY OF PROVIDED THAT THE ROBBERY AND THE
SUCH MEMBER OR HOMICIDE ARE CONSUMMATED.
e. INCAPACITY FOR THE WORK IN THE CRIME OF ROBBERY WITH
WHICH THE INJURED PERSON IS HOMICIDE IS A SPECIAL COMPLEX
THERETOFORE HABITUALLY ENGAGED IS CRIME OR A SINGLE INDIVISIBLE CRIME.
INFLICTED. ALL THE KILLINGS ARE MERGED IN THE
9. IF THE VIOLENCE OR COMPOSITE INTEGRATED WHOLE THAT
INTIMIDATION EMPLOYED IN THE IS, ROBBERY WITH HOMICIDE.
THE KILLINGS MUST HAVE BEEN
PERPETRATED BY REASON OR ON THE
OCCASION OF ROBBERY.
NOTE: THE TERM “HOMICIDE” IS USED IN
THE GENERIC SENSE; IT EMBRACES ALL
FORM OF KILLING.
AS LONG AS THE HOMICIDE RESULTED,
DURING, OR BECAUSE OF THE ROBBERY,
EVEN IF THE KILLING IS BY MERE
ACCIDENT, ROBBERY WITH HOMICIDE IS
COMMITTED.
IF ASIDE FROM HOMICIDE, RAPE OR
PHYSICAL INJURIES ARE ALSO
COMMITTED BY REASON OR ON THE
OCCASION OF THE ROBBERY, THE RAPE
OR PHYSICAL INJURIES ARE
CONSIDERED AGGRAVATING
CIRCUMSTANCES IN THE CRIME OF
ROBBERY WITH HOMICIDE.
WHENEVER A HOMICIDE HAS BEEN
MADE A CONSEQUENCE OF OR ON THE
OCCASION OF A ROBBERY, ALL THOSE
WHO TOOK PART AS PRINCIPALS IN THE
COMMISSION OF THE CRIME WILL ALSO
BE GUILTY AS PRINCIPALS IN THE
SPECIAL COMPLEX CRIME OF ROBBERY
WITH HOMICIDE ALTHOUGH THEY DID
NOT ACTUALLY TAKE PART IN THE
HOMICIDE UNLESS IT CLEARLY
APPEARED THAT THEY ENDEAVORED TO
PREVENT THE HOMICIDE.
Q: SHOULD THERE BE INTENT TO KILL?
A: IN ROBBERY WITH HOMICIDE, THE
LAW DOES NOT REQUIRE THAT THE
HOMICIDE BE COMMITTED WITH INTENT
TO KILL, THE CRIME EXISTS EVEN
THOUGH THERE IS NO INTENTION TO
COMMIT HOMICIDE.
ROBBERY WITH HOMICIDE IS
COMMITTED EVEN IF THE DEATH
SUPERVENES BY MERE ACCIDENT AS
THE HOMICIDE RESULTED BY REASON
OF OR ON THE OCCASION OF
ROBBERY AND IT IS IMMATERIAL IF THE
HOMICIDE IS BEFORE, DURING OR
AFTER THE ROBBERY.
ILLUSTRATION:
WHERE THE ACT OF KILLING WAS DONE
TO DEFEND THE POSSESSION OF A
STOLEN PROPERTY EVEN IF THE SAID
KILLING WAS PERPETRATED AFTER THE
ROBBERS WERE ON THEIR WAY TO
ESCAPE, THE CRIME IS ROBBERY WITH
HOMICIDE AS THE HOMICIDE WAS
PERPETRATED BY REASON OF THE
ROBBERY. (PEOPLE VS. LARA, 227 SCRA
668)
ON THE OTHER HAND, AS LONG AS
THERE WAS KILLING WHEN ROBBERY
WAS TAKING PLACE, ROBBERY WITH
HOMICIDE WAS COMMITTED, THE
KILLING OCCURRING ON THE
OCCASION THEREOF.
Q: SHOULD INTENT TO COMMIT
ROBBERY PRECEDE THE KILLING?
A: YES, THE INTENT TO COMMIT
ROBBERY MUST PRECEDE THE TAKING
OF HUMAN LIFE IN ROBBERY WITH
HOMICIDE. THE OFFENDER MUST HAVE
THE INTENT TO TAKE PERSONAL
PROPERTY BEFORE THE KILLING.
ILLUSTRATION:
THUS, A MEMBER OF THE “AGAW-
ARMAS” GAND WHOSE PLAN AND
DESIGN IS TO ROB A POLICEMAN OF
HIS SERVICE REVOLVER, BUT BECAUSE
HE FEARS THAT SAID POLICEMAN MAY
BEAT HIM TO DRAW, FIRST SHOOTS THE
POLICEMAN FATALLY AND ONLY AFTER
WHEN THE LATTER LIES DEAD, DOES HE
GET THE GUN – THE CRIME IS STILL
CONSIDERED ROBBERY WITH
HOMICIDE.
Q: SUPPOSE THE VICTIMS WERE KILLED,
NOT FOR THE PURPOSE OF
COMMITTING ROBBERY AND THE IDEA
OF TAKING THE MONEY AND OTHER
PERSONAL PROPERTY OF THE VICTIMS
WAS CONCEIVED BY THE CULPRITS
ONLY AFTER KILLING; IS THIS CASE OF
ROBBERY WITH HOMICIDE?
A: NO, BECAUSE THE INTENTION OF THE
PERPETRATORS IS REALLY TO KILL THE
VICTIM AND ROBBERY CAME ONLY AS
AN AFTERTHOUGHT. THE PERPETRATORS
ARE LIABLE FOR TWO SEPARATE CRIMES
OF ROBBERY AND HOMICIDE OR
MURDER, AS THE CASE MAY BE.
NOTE: THERE IS NO CRIME OF ROBBERY
IN BAND WITH MURDER OR ROBBERY
WITH HOMICIDE IN BAND OR ROBBERY
WITH MULTIPLE HOMICIDES.
IF ON THE OCCASION OF THE ROBBERY
WITH HOMICIDE, ROBBERY WITH FORCE
UPON THINGS WAS ALSO COMMITTED,
YOU WILL NOT HAVE ONLY ONE
ROBBERY WITH HOMICIDE AND
ROBBERY WITH FORCE UPON THINGS.
RATIO: BECAUSE ROBBERY WITH
VIOLENCE OR INTIMIDATION UPON
PERSONS IS A SEPARATE CRIME FROM
ROBBERY WITH FORCE UPON THINGS.
NOTE: IN ROBBERY WITH HOMICIDE, THE
BAND OR UNINHABITED PLACE IS ONLY
A GENERIC AGGRAVATING
CIRCUMSTANCE. IT WILL NOT QUALIFY
THE CRIME TO A HIGHER DEGREE OF
PENALTY.
Q: A, A HIRED ASSASSIN, SHOT B, AND
WHEN ABOUT TO LEAVE THE SCENE,
SAW THE WATCH OF B AND FORCIBLY
TOOK THE SAME. A, WITH A GUN IN HIS
HAND, SHOT TO DEATH B, WHO WAS
TRYING TO GET BACK THE WATCH.
WHAT CRIME WAS COMMITTED?
A: EVEN IF THE KILLING IS MERELY
INCIDENTAL, THE CRIME IS STILL
ROBBERY WITH HOMICIDE.
PEOPLE VS. BOLINGET, ET. AL
(G.R. NOS. 137949-52, DECEMBER 11,
2003)
WELL-ENTRENCHED IN JURISPRUDENCE
IS THE DOCTRINE THAT WHEN
HOMICIDE TAKES PLACE AS A
CONSEQUENCE OR ON THE OCCASION
OF A ROBBERY, ALL THOSE WHO TOOK
PART IN THE ROBBERY ARE GUILTY AS
PRINCIPALS IN THE COMPLEX CRIME OF
ROBBERY WITH HOMICIDE, EVEN IF THEY
DID NOT ACTUALLY TAKE PART IN THE
HOMICIDE. THE EXCEPTION IS WHEN IT
IS CLEARLY SHOWN THAT THE ACCUSED
ENDEAVORED TO PREVENT THE
UNLAWFUL KILLING.
IN THE CASE AT BAR, THE LACK OF
DIRECT EVIDENCE ON HOW THE
HOMICIDES WERE COMMITTED MATTERS
LITTLE. THE CIRCUMSTANTIAL EVIDENCE
LEAVES SCANT DOUBT ON THE PART
AND PARTICIPATION OF THE
APPELANTS.
AGAIN, WE REITERATE THE WELL-SETTLED
RULE THAT AS LONG AS HOMICIDE
RESULTED DURING, OR BECAUSE OF THE
ROBBERY, EVEN IF THE KILLING IS BY
MERE ACCIDENT, THE CRIME OF
ROBBERY WITH HOMICIDE IS
COMMITTED.
AS WE REPEATEDLY EXPLAIN, IT IS
ENOUGH THAT DEATH RESULTS BY
REASON OR ON THE OCCASION OF THE
ROBBERY INASMUCH AS IT IS ONLY THE
RESULT OBTAINED THAT IS NECESSARY,
WITHOUT REFERENCE OR DISTINCTION
AS TO THE CIRCUMSTANCES, CAUSES,
MODES, OR PERSONS INTERVENING IN
THE COMMISSION OF THE CRIME.
Q: IS THERE A CRIME OF ROBBERY WITH
MULTIPLE HOMICIDE?
A: THERE IS NO CRIME OF ROBBERY
WITH MULTIPLE HOMICIDE UNDER THE
REVISED PENAL CODE. THE CRIME IS
ROBBERY WITH HOMICIDE
NOTWITHSTANDING THE NUMBER OF
HOMICIDES COMMITTED ON THE
OCCASION OF THE ROBBERY AND
EVEN IF MURDER, PHYSICAL INJURIES
AND RAPE WERE ALSO COMMITTED ON
THE SAME OCCASION. (PEOPLE VS.
HIJADA ET. AL., G.R.. NO. 123696,
MARCH 11,2004)
Q: JERVIS AND MARLON ASKED THEIR
FRIEND, JONATHAN, TO HELP THEM ROB
A BANK. JERVIS AND MARLON WENT
INSIDE THE BANK, BUT WERE UNABLE TO
GET ANY MONEY FROM THE VAULT
BECAUSE THE SAME WAS PROTECTED BY
A TIME-DELAY MECHANISM. THEY
CONTENTED THEMSELVES WITH THE
CUSTOMERS’ CELLPHONES AND A
TOTAL OF P5, 000 IN CASH. AFTER THEY
DASHED OUT OF THE BANK AND
RUSHED INTO THE CAR, KJONATHAN
PULLED THE CAR OUT OF THE CURB,
HITTING A PEDESTRIAN WHO RESULTED
IN THE LATTER’S DEATH. WHAT CRIME
OR CRIMES DID JERVIS, MARLON AND
JONATHAN COMMIT? EXPLAIN YOUR
ANSWER.
A: ASSUMING THE ACTS WERE
ATTENDED BY THE USE OF FORCE AND
INTIMIDATION IN ROBBING THE BANK,
JONATHAN, MARLON AND JERVIS
COMMITTED THE SPECIAL COMPLEX
CRIME OF ATTEMPTED ROBBERY WITH
HOMICIDE. THE SUBSEQUENT RUNNING-
OVER OF THE PEDESTRIAN IN THE
COURSE OF THEIR ESCAPE WAS BY
REASON OR ON OCCASION OF THE
ROBBERY, THEREBY QUALIFYING THE
CRIME AS ATTEMPTED ROBBERY WITH
HOMICIDE. HAVING ACTED IN
CONSPIRACY WITH JERVIS AND
MARLON, JONATHAN SHOULD ALSO BE
CHARGED WITH ATTEMPTED ROBBERY
WITH HOMICIDE.
ON THE OTHER HAND, THE TAKING OF
THE CELLPHONES AND P5, 000 FROM
THE CUSTOMERS ARE THE SEPARATE
ACTS OF JERVIS AND MARLON, AND
DO NOT INVOLVE JONATHAN AS IT
WAS NOT PART OF THEIR ORIGINAL
AGREEMENT. JERVIS AND MARLON
SHOULD BE CHARGED FOR THE CRIME
OF ROBBERY.
ALTERNATIVE ANSWER:
AS THE FACTS DO NOT INDICATE ANY
WEAPONS OR USE OF FORCE OR
INTIMIDATION JERVIS AND MARLON
CAN ONLY BE CHARGED WITH THEFT
FOR THE TAKING OF CELLPHONES AND
P5, 000 FROM THE CUSTOMERS,
JONATHAN IS SOLELY LIABLE FOR
RECKLESS IMPRUDENCE RESULTING IN
HOMICIDE FOR THE KILLING OF THE
PEDESTRIAN.
JERVIS, MARLON AND JONATHAN CAN
BE CHARGED AS CO-PRINCIPALS FOR
ATTEMPTED THEFT IN THEIR FAILED
EFFORT TO TAKE MONEY FROM THE
VAULT, PURSUANT TO THEIR
CONSPIRACY. IT IS POSSIBLE THAT THE
VAULT COULD HAVE BEEN LEFT OPEN
DURING THE BUSINESS HOURS OF THE
BANK. HOWEVER, AT THE TIME OF THE
COMMENCEMENT OF THE CRIME THE
TIME DELAY MECHANISM PREVENTED
THEM FROM PERFORMING ALL THE ACTS
OF EXECUTION, A CAUSE OR REASON
OTHER THAN THEIR SPONTANEOUS
DESISTANCE. (2007 BAR QUESTION).
Q: VICTOR, RICKY. ROD AND RONNIE
WENT TO THE STORE OF MANG
PANDOY. VICTOR AND RICKY ENTER
THE STORE WHILE ROD AND RONNIE
POSTED THEMSELVES AT THE DOOR.
AFTER ORDERING BEER, RICKY
COMPLAINED THAT HE WAS
SHORTCHANGED ALTHOUGH MANG
PANDOY VEHEMENTLY DENIED IT.
SUDDENLY RICKY WHIPPED OUT A KNIFE
AS HE ANNOUNCED “HOLD-UP ITO!”
AND STABBED MANG PANDOY TO
DEATH. ROD BOXED THE STORE’S
SALESGIRL LUCY TO PREVENT HER
FROM HELPING MANG PANDOY. WHEN
LUCY RAN OUT OF STORE TO SEEK HELP
FROM PEOPLE NEXT DOOR SHE WAS
CHASED BY RONNIE. AS SOON AS
RICKY HAD STABBED MANG PANDOY,
VICTOR SCOOPED UP THE MONEY
FROM THE CASH BOX THEN VICTOR
AND RICKY DASHED TO THE STREET AND
SHOUTED “TUMAKBO NA KAYO!” ROD
WAS 14 AND RONNIE WAS 17. THE
MONEY AND OTHR ARTICLES LOOTED
FROM THE STORE OF MANG PANDOY
WERE LATER FOUND IN THE HOUSES OF
VICTOR AND RICKY.
1. DISCUSS FULLY THE CRIMINAL
LIABILITY OF VICTOR, RICKY, AND
RONNIE.
2. ARE THE MINORS ROD AND
RONNIE ENTITLED TO SUSPENDED
SENTENCE UNDER THE CHILD AND
YOUTH WELFARE CODE? EXPLAIN.
A: 1. ALL ARE LIABLE FOR THE SPECIAL
COMPLEX CRIME OF ROBBERY WITH
HOMICIDE THE ACTS OF RICKY IN
STABBING MANG PANDOY TO DEATH,
OF ROD IN BOXING THE SALESGIRL TO
PREVENT HER FROM HELPING MANG
PANDOY, OF RONNIE IN CHASING THE
SALESGIRL TO PREVENT HER IN SEEKING
HELP, OF VICTOR IN SCOOPING UP
MONEY FROM THE CASH BOX, AND OF
RICKY AND VICTOR IN DASHING TO THE
STREET AND ANNOUNCING THE
ESCAPE, ARE ALL INDICATIVE OF
CONSPIRACY.
THE RULE IS SETTLED THAT WHEN
HOMICIDE TAKES PLACE AS A
CONSEQUENCE OR ON THE OCCASION
OF A ROBBERY, ALL THOSE WHO TOOK
PART IN THE ROBBERY ARE GUILTY AS
PRINCIPALS OF THE CRIME OF ROBBERY
WITH HOMICIDE, UNLESS THE ACCUSED
TRIED TO PREVENT THE KILLING. (PEOPLE
VS. BAELLO, 224 SCRA 218). FURTHER,
THE AGGRAVATING CIRCUMSTANCE
OF CRAFT COULD BE ASSESSED
AGAINST THE ACCUSED FOR
PRETENDING FOR PRETENDING TO BE
CUSTOMERS OF MANG PANDOY.
ALTHOUGH ROD IS ONLY 14 YEARS
OLD, HIS ACT OF BOXING LUCY TO
PREVENT HER FROM HELPING MANG
PANDOY IS A CLEAR SIGH OF
DISCERNMENT, THUS HE CANNOT
INVOKED EXEMPTION FROM CRIMINAL
LIABILITY UNDER ART, 12, PAR. 3, RPC.
ROD AND RONNIE ARE, HOWEVER,
ENTITLED TO TWO AND ONE DEGREES
LOWER, RESPECTIVELY FROM THE
PENALTY OF THE PRINCIPAL UNDER ART.
68. RPC.
2.NO, BECAUSE THE BENEFITS OF
SUSPENSION OF SENTENCE IS NOT
AVAILABLE WHERE THE YOUTHFUL
OFFENDER HAS BEEN, CONVICTED OF
AN OFFENSE PUNISHABLE BY LIFE
IMPRISONMENT OR DEATH, PURSUANT
TO P.D. NO. 603, ART. 192. THE
COMPLEX CRIME OF ROBBERY WITH
HOMICIDE IS PUNISHABLE BY
RECLUSION PERPETUA TO DEATH UNDER
ART. 294 (1), RPC (PEOPLE VS. GALIT
230 SCRA 486). (1995 BAR QUESTION)
ROBBERY WITH RAPE (PAR.2)
Q: WHAT IS THE CRIME OF ROBBERY
WITH RAPE?
A: THE CRIME OF ROBBERY WITH RAPE
IS A CRIME AGAINST PROPERTY WHICH
IS A SINGLE INDIVISIBLE OFFENSE. THE
RAPE ACCOMPANIES THE ROBBERY. IN
THIS CASE WHERE RAPE AND NOT
HOMICIDE IS COMMITTED, THERE IS
ONLY A CRIME OF ROBBERY WITH RAPE
IF BOTH THE ROBBERY AND THE RAPE
ARE CONSUMMATED.
IF DURING THE ROBBERY, ATTEMPTED
RAPE WERE COMMITTED, TWO
SEPARATE CRIMES OF ROBBERY AND
ATTEMPTED RAPE WOULD BE
COMMITTED.
THE INTENTION MUST BE TO COMMIT
ROBBERY AND EVEN IF THE RAPE IS
COMMITTED BEFORE THE ROBBERY,
ROBBERY WITH RAPE IS COMMITTED.
Q: DOES THE CRIMINAL INTENT TO GAIN
PRECEDE THE INTENT TO RAPE?
A: YES.
THE LAW DOES NOT DISTINGUISH
WHETHER RAPE WAS COMMITTED
BEFORE, DURING OR AFTER THE
ROBBERY. IT IS ENOUGH THAT THE
ROBBERY MUST NOT BE A MERE
ACCIDENT OR AFTERTHOUGHT.
ILLUSTRATION:
WHERE 6 ACCUSED ENTER THE HOUSE
OF THE OFFENDER PARTY,
BRANDISHING FIREARMS AND KNIVES
AND AFTER RANSACKING THE HOUSE
OF MONEY AND JEWELRY BROUGHT
THE OFFENDED PARTY OUT OF THE
HOUSE TO A GRASSY PLACE WHERE SHE
WAS ORDERED TO UNDRESS AND
ALTHOUGH SHE WAS ABLE TO RUN
AWAY, WAS CHASED AND CAUGHT,
AND THEREAFTER RAPED BY ALL OF THE
ACCUSED, THE LATTER COMMITTED
ROBBERY WITH RAPE. (PEOPLE VS.
VILLAGRACIA, ET, AL. 226 SCRA 374).
HOWEVER, IF THE 2 CRIMES WERE
SEPARATED BOTH BY TIME AND SPACE,
THERE IS NO COMPLEX CRIME OF
ROBBERY WITH RAPE.
Q: TOGETHER XA, YB AND ZC PLANNED
TO ROB MISS OD. THEY ENTERED HER
HOUSE BY BREAKING ONE OF THE
WINDOWS IN HER HOUSE. AFTER
TAKING HER PERSONAL PROPERTIES
AND AS THEY WERE ABOUT TO LEAVE,
XA DECIDED ON IMPULSE TO RAPE OD.
AS XA WAS MOLESTING HER, YB AND
ZC STOOD OUTSIDE THE DOOR OF HER
BEDROOM AND DID NOTHING TO
PREVENT XA FROM RAPING OD. WHAT
CRIME OR CRIMES DID XA, YB AND ZC
COMMIT, AND WHAT IS THE CRIMINAL
LIABILITY OF EACH? EXPLAIN BRIEFLY.
A: THE CRIME COMMITTED BY XA, YB
AND ZC IS THE COMPOSITE CRIME OF
ROBBERY WITH RAPE, A SINGLE,
INDIVISIBLE OFFENSE UNDER ART. 294
(1) OF THE REVISED PENAL CODE.
ALTHOUGH THE CONSPIRACY AMONG
THE OFFENDERS WAS ONLY TO COMMIT
ROBBERY AND ONLY XA RAPED CD, THE
OTHER ROBBERS, YB AND ZC, WERE
PRESENT AND AWARE OF THE RAPE
BEING COMMITTED BY THEIR CO-
CONSPIRATOR. HAVING DONE
NOTHING TO STOP XA FROM
COMMITTING THE RAPE, YB AND ZC
THEREBY CONCURRED IN THE
COMMISSION OF THE RAPE BY THEIR
CO-CONSPIRATOR XA.
THE CRIMINAL LIABILITY OF ALL, XA, YZ
AND ZC, SHALL BE THE SAME, AS
PRINCIPALS IN THE SPECIAL COMPLEX
CRIME OF ROBBERY WITH RAPE WHICH
IS A SINGLE, INDIVISIBLE OFFENSE
WHERE THE RAPE ACCOMPANYING THE
ROBBERY IS JUST A COMPONENT. (2004
BAR QUESTION)
ROBBERY WITH PHYSICAL INJURIES
Q: SHOULD THE PHYSICAL INJURIES BE
SERIOUS?
A: YES, TO BE CONSIDERED AS MUCH,
THE PHYSICAL INJURIES MUST ALWAYS
BE SERIOUS.
IF THE PHYSICAL INJURIES ARE ONLY
LESS SERIOUS OR SLIGHT, THEY ARE
ABSORBED IN THE ROBBERY. THE CRIME
BECOMES MERELY ROBBERY.
BUT IF THE LESS SERIOUS PHYSICAL MUTILATION COMMITTED BY THE
INJURIES WERE COMMITTED AFTER THE OFFENDER DURING THE ROBBERY.
ROBBERY WAS ALREADY OTHERWISE, THE CRIME WOULD BE
CONSUMMATED, THERE WOULD BE A ROBBERY WITH HOMICIDE, OR ROBBERY
SEPARATE CHARGE FOR THE LESS WITH RAPE, OR ROBBERY WITH
SERIOUS PHYSICAL INJURIES. IT WILL INTENTIONAL MUTILATION, IN THAT
ONLY BE ABSORBED IN THE ROBBERY IF ORDER AND THE ARSON WOULD ONLY
IT WAS INFLICTED IN THE COURSE OF BE AN AGGRAVATING
THE EXECUTION OF THE ROBBERY. THE CIRCUMSTANCE.
SAME IS TRUE IN THE CASE OF SLIGHT Q: SHOULD ROBBERY PRECEDE
PHYSICAL INJURIES. ARSON?
Q: SUPPOSE A GANG ROBBED A A: YES, IT IS ESSENTIAL THAT ROBBERY
MANSION IN FORBES PARK, ON THE PRECEDES THE ARSON, AS IN THE CASE
OCCASION OF THE ROBBERY, OF RAPE AND INTENTIONAL
PHYSICAL INJURIES WERE INFLICTED ON MUTILATION, BECAUSE THE
THE HOUSEHOLD MEMBERS. THE AMENDMENT INCLUDED ARSON
ROBBERS ALSO DETAINED THE AMONG THE RAPE AND INTENTIONAL
CHILDREN TO COMPEL THEIR PARENTS MUTILATION WHICH HAVE
TO COME OUT WITH THE MONEY. WHAT ACCOMPANIED THE ROBBERY.
CRIME/S IS/ARE COMMITTED BY THE ARSON HAS BEEN MADE A
ROBBERS? COMPONENT ONLY OF ROBBERY WITH
A: THE DETENTION WAS A NECESSARY VIOLENCE AGAINST OR INTIMIDATION
MEANS TO FACILITATE THE ROBBERY. OF PERSONS BUT NOT OF ROBBERY BY
THUS, THE OFFENDERS WILL BE HELD THE USE OF FORCE UPON THINGS.
LIABLE FOR THE COMPLEX CRIMES OF HENCE, IF THE ROBBERY WAS BY THE
ROBBERY WITH SERIOUS PHYSICAL USE OF FORCE UPON THINGS AND
INJURIES AND SERIOUS ILLEGAL THEREWITH ARSON WAS COMMITTED,
DETENTION. TWO DISTINCT CRIMES ARE
BUT IF THE VICTIMS WERE DETAINED COMMITTED.
BECAUSE OF THE TIMELY ARRIVAL OF OTHER CASES OF SIMPLE ROBBERY
THE POLICE, SUCH THAT THE OFFENDERS (PAR. 5)
HAD NO CHOICE BUT TO DETAIN THE ANY KIND OF ROBBERY WITH LESS
VICTIMS AS HOSTAGES IN EXCHANGE SERIOUS PHYSICAL INJURIES OR SLIGHT
FOR THEIR SAFE PASSAGE, THE PHYSICAL INJURIES FALLS UNDER THIS
DETENTION IS ABSORBED BY THE CRIME SPECIE OF ROBBERY.
OF ROBBERY AND IS NOT TREATED AS A E.G.
SEPARATE CRIME. 1. SNATCHING MONEY FROM THE
HANDS OF THE VICTIM AND PUSHING
ROBBERY WITH ARSON (RA 7659) HER AS A RESULT OF WHICH HER SKIRT
THE COMPOSITE CRIME WOULD ONLY WAS TORN AND SHE FELL ON THE
BE COMMITTED IF THE PRIMORDIAL GROUND;
INTENT OF THE OFFENDER IS TO 2. GRABBING A PAWNSHOP TICKET
COMMIT ROBBERY AND THERE IS NO AND INTIMATING THE VICTIM WITH A
KILLING, RAPE, OR INTENTIONAL REVOLVER
BUT WHERE THERE IS NO VIOLENCE
EXERTED TO ACCOMPLISH THE
SNATCHING, THE CRIME COMMITTED IS
NOT ROBBERY BUT SIMPLE THEFT.
THERE IS SUFFICIENT INTIMIDATION
WHERE THE ACTS OF THE OFFENDER
INSPIRED FEAR UPON THE VICTIM
ALTHOUGH THE ACCUSED WAS NOT
ARMED.
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN UNINHABITED PLACE
AND BY A BAND, OR WITH THE USE OF
FIREARM ON A STREET, ROAD OR ALLEY
(ART. 295)
Art. 295. Robbery with physical injuries,
committed in an uninhabited place
and by a band, or with the use of
firearm on a street, road or alley. — If
the offenses mentioned in subdivisions
three, four, and five of the next
preceding article shall have been
committed in an uninhabited place or
by a band, or by attacking a moving
train, street car, motor vehicle or
airship, or by entering the passenger's
compartments in a train or, in any
manner, taking the passengers thereof
by surprise in the respective
conveyances, or on a street, road,
highway, or alley, and the intimidation
is made with the use of a firearm, the
offender shall be punished by the
maximum period of the proper
penalties.
In the same cases, the penalty next
higher in degree shall be imposed
upon the leader of the band
Q: WHAT ARE THE QUALIFYING
CIRCUMSTANCES OF THIS CRIME?
A: IF COMMITTED:
1. IN AN IN UNINHABITED PLACE,
OR
2. BY A BAND, OR
3. BY ATTACKING A MOVING
TRAIN, STREET CAR, MOTOR VEHICLE,
OR AIRSHIP, OR
4. BY ENTERING THE PASSENGERS
COMPARTMENTS IN A TRAIN, OR IN
ANY MANNER TAKING THE
PASSENGERS THEREOF BY SURPRISE IN
THE RESPECTIVE CONVEYANCES, OR
5. ON A STREET, ROAD, HIGHWAY
OR ALLEY, AND THE INTIMIDATION IS
MADE WITH THE USE OF FIREARMS, THE
OFFENDER SHALL BE PUNISHED BY THE
MAXIMUM PERIODS OF THE PROPER
PENALTIES PRESCRIBED IN ART. 294.
ROBBERY COMMITTED BY A BAND (ART.
296)
Q: WHEN IS ROBBERY COMMITTED BY A
BAND?
A: WHEN AT LEAST 4 ARMED
MALEFACTORS TAKE PART IN THE
COMMISSION OF A ROBBERY, IT IS
DEEMED COMMITTED BY A BAND.
IF ANY ARM USED BE UNLICENSED
FIREARM, THE PENALTY IMPOSED UPON
ALL THE MALEFACTORS SHALL BE THE
MAXIMUM OF THE CORRESPONDING
PENALTY PROVIDED BY LAW, WITHOUT
PREJUDICE TO THE CRIMINAL LIABILITY
FOR ILLEGAL POSSESSION OF SUCH
FIREARMS. THIS IS A SPECIAL
AGGRAVATING CIRCUMSTANCE
APPLICABLE ONLY IN A CASE OF
ROBBERY IN BAND.
ANY MEMBER OF THE BAND, WHO WAS
PRESENT AT THE COMMISSION OF A
ROBBERY BY THE BAND, SHALL BE
PUNISHED AS PRINCIPAL OF ANY OF
THE ASSAULTS COMMITTED BY THE
BAND, UNLESS IT IS SHOWN THAT HE
ATTEMPTED TO PREVENT THE SAME.
NOTE: IN ROBBERY BY A BAND, PROOF
OF CONSPIRACY IS NOT REQUIRED.
ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN
CIRCUMSTANCES (ART. 297)
Art. 297. Attempted and frustrated
robbery committed under certain
circumstances. — When by reason or
on occasion of an attempted or
frustrated robbery a homicide is
committed, the person guilty of such
offenses shall be punished by
reclusion temporal in its maximum
period to reclusion perpetua, unless
the homicide committed shall deserve
a higher penalty under the provisions
of this Code.
Q: WHERE DOES THIS ARTICLE APPLY?
A: IT APPLIES WJEN A HOMICIDE IS
COMMITTED ON THE OCCASION OF AN
ATTEMPTED OR FRUSTRATED ROBBERY.
THE TERM “HOMICIDE” IS USED IN A
GENERIC SENSE INCLUDES MURDER,
PARRICIDE AND INFANTICIDE.
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION (ART. 298)
Art. 298. Execution of deeds by means
of violence or intimidation. — Any
person who, with intent to defraud
another, by means of violence or
intimidation, shall compel him to sign,
execute or deliver any public
instrument or documents, shall be held
guilty of robbery and punished by the
penalties respectively prescribed in
this Chapter.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER HAS INTENT TO
DEFRAUD ANOTHER;
2. OFFENDER COMPELS HIM TO
SIGN, EXECUTE, OR DELIVER ANY
PUBLIC INSTRUMENT OR DOCUMENT;
3. COMPULSION IS BY MEANS OF
VIOLENCE OR INTIMIDATION.
NOTE: APPLIES EVEN IF THE DOCUMENT
SIGNED, EXECUTED OF DELIVERED IS A
PRIVATE OR COMMERCIAL DOCUMENT.
Q: WHAT DISTINGUISHES EXECUTION OF
DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION AND COERCION?
A:
EXECUTION OF DEEDS GRAVE
COERCION
THERE IS INTENT TO GAIN. NO INTENT TO
GAIN.
FEAR IS PRODUCED BY THREATENING
TO CAUSE AN EVIL OR DAMAGE WHICH
IS IMMEDIATE. FEAR IS PRODUCED
IN THE MIND OF THE OFFENDED PARTY
IN ORDER TO OBTAIN SOMETHING
FROM HIM BE THREATENING TO CAUSE
HIM AN EVIL OR DAMAGE WHICH IS
NOT IMMEDIATE BUT REMOTE.
ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP (ART. 299)
Art. 299. Robbery in an inhabited
house or public building or edifice
devoted to worship. — Any armed
person who shall commit robbery in
an inhabited house or public building
or edifice devoted to religious worship,
shall be punished by reclusion
temporal, if the value of the property
taken shall exceed 250 pesos, and if:
(a) The malefactors shall enter the
house or building in which the robbery
was committed, by any of the
following means:
1. Through a opening not intended for
entrance or egress.
2. By breaking any wall, roof, or floor
or breaking any door or window.
3. By using false keys, picklocks or BUILDING, OR EDIFICE DEVOTED TO
similar tools. RELIGIOUS WORSHIP;
4. By using any fictitious name or 2. ENTRANCE WAS EFFECTED BY
pretending the exercise of public ANY OF THE FOLLOWING MEANS:
authority. a. THROUGH AN OPENING NOT
Or if — INTENDED FOR ENTRANCE OF EGRESS;
(b) The robbery be committed under b. BY BREAKING ANY WALL, ROOF
any of the following circumstances: OR BREAKING ANY DOOR OR
WINDOW;
1. By the breaking of doors, c. BY USING FALSE KEYS,
wardrobes, chests, or any other kind of PICKLOCKS OR SIMILAR TOOLS, OR
locked or sealed furniture or d. BY USING ANY FICTITIOUS NAME
receptacle; OR PRETENDING THE EXERCISE OF
2. By taking such furniture or objects to PUBLIC AUTHORITY.
be broken or forced open outside the 3. ONCE INSIDE THE BUILDING, THE
place of the robbery. OFFENDER TOOK PERSONAL PROPERTY
When the offenders do not carry arms, BELONGING TO ANOTHER WITH INTENT
and the value of the property taken TO GAIN.
exceeds 250 pesos, the penalty next Q: DEFINE THE FOLLOWING:
lower in degree shall be imposed. a. FORCE UPON THINGS
The same rule shall be applied when b. INHABITED HOUSE
the offenders are armed, but the value c. PUBLIC BUILDING
of the property taken does not exceed d. DEPENDENCIES
250 pesos. e. FALSE KEYS
When said offenders do not carry A:
arms and the value of the property a. “FORCE UPON THINGS” REQUIRES
taken does not exceed 250 pesos, SOME ELEMENT OF TRESPASS INTO THE
they shall suffer the penalty prescribed ESTABLISHMENT WHERE THE ROBBERY
in the two next preceding paragraphs, WAS COMMITTED; I.E. THE OFFENDER
in its minimum period. MUST HAVE ENTERED THE PREMISES
If the robbery be committed in one of WHERE THE ROBBERY WAS COMMITTED.
the dependencies of an inhabited IF NO ENTRY WAS EFFECTED, EVEN
house, public building, or building THOUGH FORCE MAY HAVE BEEN
dedicated to religious worship, the EMPLOYED ACTUALLY IN THE TAKING
penalties next lower in degree than OF THE PROPERTY FROM WITHIN THE
those prescribed in this article shall be PREMISES, THE CRIME WILL ONLY BE
imposed. THEFT.
Q: WHAT ARE THE ELEMENTS OF THE 1ST b. “INHABITED HOUSE” REFERS TO
KIND OF ROBBERY WITH FORCE UPON ANY SHELTER, SHIP OR VESSEL
THINGS UNDER ART. 299? CONSTITUTING THE DWELLING OF ONE
A: OR MORE PERSONS EVEN THOUGH THE
1. OFFENDER ENTERED AN INHABITANTS THEREOF ARE
INHABITED HOUSE, OR PUBLIC TEMPORARILY ABSENT THEREFROM
WHEN THE ROBBERY IS COMMITTED.
c. “PUBLIC BUILDING” EVERY
BUILDING OWNED BY
GOVERNMENT OR BELONGING TO A
PRIVATE PERSON BUT USED OR RENTED
BY THE GOVERNMENT ALTHOUGH
TEMPORARILY UNOCCUPIED BY THE
SAME.
d. “DEPENDENCIES” ALL INTERIOR
COURTS, CORRALS, WAREHOUSES,
GRANARIES, BARNS, COACH HOUSES,
STABLES, OR OTHER DEPARTMENTS OR
ENCLOSED INTERIOR ENTRANCE
CONNECTED THEREWITH AND WHICH
FROM PART OF THE WHOLE. ORCHARDS
AND OTHER LANDS USED
CULTIVATION OR PRODUCTION ARE
NOT INCLUDED, EVEN IF CLOSED,
CONTIGUOUS TO THE BUILDING, AND
HAVING DIRECT CONNECTION
THEREWITH.
REQUISITES:
1. IT MUST BE CONTIGUOUS TO THE
BUILDING;
2. IT MUST HAVE AN INTERIOR
ENTRANCE CONNECTED THEREWITH;
3. IT MUST FORM PART OF THE
WHOLE;
ILLUSTRATION:
A SMALL STORE LOCATED ON THE
GROUND FLOOR OF A HOUSE IS A
DEPENDENCY OF THE HOUSE, THERE
BEING NO PARTITION BETWEEN THE
STORE AND THE HOUSE AND IN GOING
TO THE MAIN STAIRWAY, AND ONE HAS
TO ENTER THE STORE WHICH HAS A
DOOR. (U.S. VS. VENTURA, 39 PHIL. 523)
e. “FALSE KEYS” GENUINE KEYS
STOLEN FROM THE OWNER OR ANY
KEYS OTHER THAN THOSE INTENDED BY
THE OWNER FOR USE IN THE LOCK
FORCIBLY OPENED BY THE OFFENDER.
NOTE: FALSE KEY OR PICKLOCK MUST
BE USED TO ENTER THE BUILDING.
IT IS ONLY THEFT WHEN THE FALSE KEY IS
THE USED TO OPEN WARDROBE OR LOCKED
RECEPTACLE OR DRAWER OR INSIDE
DOOR.
Q: WHAT ARE THE ELEMENTS OF THE
2ND KIND OF ROBBERY WITH FORCE
UPON THINGS UNDER ART. 299?
A:
1. OFFENDER IS INSIDE A DWELLING
HOUSE, “PUBLIC BUILDING OR EDIFICE
DEVOTED TO RELIGIOUS WORSHIP,
REGARDLESS OF CIRCUMSTANCES
UNDER WHICH HE ENTERED IT;
2. OFFENDER TAKES PERSONAL
FOR PROPERTY BELONGING TO ANOTHER,
WITH INTENT TO GAIN, UNDER ANY OF
THE FF. CIRCUMSTANCES;
a. BY THE BREAKING OF DOORS,
WARDROBES, CHESTS, OR ANY OTHER
KIND OF LOCKED OR SEALED FURNITURE
OR RECEPTACLE, OR DOOR.
“DOOR” – REFERS ONLY TO “DOORS,
LIDS OR OPENING SHEETS” OF
FURNITURE OR OTHER PORTABLE
RECEPTACLES, NOT TO INSIDE DOORS
OF HOUSE OR BUILDING.
b. BY TAKING SUCH FURNITURE OR
OBJECTS AWAY TO BE BROKEN OR
FORCED OPEN OUTSIDE THE PLACE OF
THE ROBBERY.
NOTE: IT IS ESTAFA OR THEFT, IF THE
LOCKED OR SEALED RECEPTACLE IS
NOT FORCED OPEN IN THE BUILDING
WHERE IT IS KEPT OR TAKEN THERE
FROM TO BE BROKEN OUTSIDE.
ROBBERY IN AN UNINHABITED PLACE
AND BY A BAND
ROBBERY WITH FORCE UPON THINGS
(ART. 299), IN ORDER TO BE QUALIFIED,
MUST BE COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND
(ART. 300); WHILE ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS MUST BE COMMITTED IN
UNINHABITED PLACE OR BY A BAND. matter or large cattle, the offender
(ART. 295). shall suffer the penalties next higher in
Q: WHAT IS AN UNINHABITED PLACE? degree than those provided in said
A: IT IS ONE WHERE THERE ARE NO articles.
HOUSES AT ALL, OR A CONSIDERABLE Q: WHAT ARE THE ELEMENTS OF THIS
DISTANCE FROM TOWN, OR WHERE THE CRIME?
HOUSES ARE SCATTERED AT A GREAT A:
DISTANCE FROM EACH OTHER. IT ALSO 1. OFFENDER ENTERED AN
MEANS UNINHABITED HOUSE OR UNINHABITED PLACE OR A BUILDING
BUILDING. WHICH WAS NOT A DWELLING HOUSE,
ROBBERY IN AN UNINHABITTED PLACE NOT A PUBLIC BUILDING, OR NOT AN
OR IN A PRIVATE BUILDING (ART. 302) EDIFICE DEVOTED TO RELIGIOUS
Art. 302. Robbery is an uninhabited WORSHIP;
place or in a private building. — Any 2. ANY OF THE FOLLOWING
robbery committed in an uninhabited CIRCUMSTANCES WAS PRESENT:
place or in a building other than those a. ENTRANCE WAS EFFECTED
mentioned in the first paragraph of THROUGH AN OPENING NOT INTENDED
Article 299, if the value of the property FOR ENTRANCE OR EGRESS,
taken exceeds 250 pesos, shall be
punished by prision correccional if SO THAT IF THE ENTRANCE WAS MADE
any of the following circumstances is THROUGH THE DOOR WHICH WAS
present: OPEN, OR CLOSED BUT UNLOCKED,
1. If the entrance has been effected AND NOT THROUGH THE WINDOW, THE
through any opening not intended for PERSON WHO TOOK PERSONAL
entrance or egress. PROPERTY FROM THE HOUSE WITH
2. If any wall, roof, flour or outside door INTENT TO GAIN IS GUILTY ONLY OF
or window has been broken. THEFT AND NOT ROBBERY. WHERE AN
3. If the entrance has been effected OPENING CREATED BY THE
through the use of false keys, ACCIDENTAL BUMPING OF A VEHICLE
picklocks or other similar tools. IN THE STORE’S WALL WAS MADE THE
4. If any dorm, wardrobe, chest or by ENTRANCE OF THE MALEFACTOR, THE
sealed or closed furniture or TAKING OF THE PERSONAL PROPERTY
receptacle has been broken. INSIDE THE STORE IS ROBBERY AND NOT
5. If any closed or sealed receptacle, THEFT BECAUSE THE HOLE IS NOT
as mentioned in the preceding INTENDED FOR ENTRANCE OR EGRESS.
paragraph, has been removed even if b. WALL, ROOF, OR OUTSIDE DOOR
the same to broken open elsewhere. OR WINDOW WAS BROKEN,
When the value of the property takes
does not exceed 250 pesos, the LIKE ROBBERY IN AN INHABITED HOUSE,
penalty next lower in degree shall be THE BREAKING SHOULD BE MADE IN
imposed. ORDER TO EFFECT THE ENTRANCE INTO
In the cases specified in Articles 294, THE PLACE. SO IF THE WALL, ROOF,
295, 297, 299, 300, and 302 of this FLOOR, ETC. WAS BROKEN THE COURSE
Code, when the property taken is mail
OF ESCAPING, THE COMMITTED IS NOT
ROBBERY.
c. ENTRANCE WAS EFFECTED
THROUGH THE USE OF FALSE KEYS,
PICKLOCKS OR OTHER SIMILAR TOOLS,
d. DOOR, WARDROBE, CHEST, OR
ANY SEASON OR CLOSED FURNITURE
OR RECEPTACLE WILL BROKE, OR
e. CLOSED OR SEALED RECEPTACLE
WAS REMOVED, EVEN IF THE SAME BE
BROKE OPEN ELSEWHERE;
UNDER LETTERS D AND E, THE ROBBERY
DID NOT ENTER THROUGH A WINDOW
AFFECTED ENTRANCE BY BREAKING THE
FLOOR, DOOR, WALL, ETC., OTHERWISE
THESE CIRCUMSTANCES THEMSELVES
ALREADY MAKE THE ACT AS THAT
ROBBERY. IN THESE LETTERS, THE
ROBBERS ENTERING THROUGH THE
DOOR, AND ONCE INSIDE BROKE
WARDROBE, SEALED OR CLOSE
RECEPTACLES ETC., OR TOOK AWAY
CLOSED OR SEALED RECEPTACLE TO BE
BROKEN ELSEWHERE.
IT MUST BE TAKEN NOTE OF, THAT THE
ENTRANCE BY USING ANY FICTITIOUS
NAME OR PRETENDING THE EXERCISE
PUBLIC AUTHORITY IS NOT AMONG
THOSE MENTIONED IN ART. 302
BECAUSE THE PLACE IS UNINHABITED
AND THEREFORE WITHOUT PERSON
PRESENT. LIKEWISE IN THE CLASS OF
ROBBERY, THE PENAL DEPENDS ON THE
AMOUNT TAKE DISREGARDING THE
CIRCUMSTANCE WHETHER THE ROBBERS
ARE ARMED OR NOT AS IN THE CASE OF
ROBBERY INHABITED PLACE.
3. WITH INTENT TO GAIN, THE
OFFENDER TO THEREFROM PERSONAL
PROPERTY BELONGING ANOTHER.
POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS (ART. 304)
Art. 304. Possession of picklocks or
similar tools. — Any person who shall
without lawful cause have in his
possession picklocks or similar tools
especially adopted to the commission
of the crime of robbery, shall be
punished by arresto mayor in its
maximum period to prision
correccional in its minimum period.
The same penalty shall be imposed
upon any person who shall make such
tools. If the offender be a locksmith,
he shall suffer the penalty of prision
correccional in its medium and
maximum periods.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. OFFENDER HAS IN HIS
POSSESSION PICKLOCK OR SIMILAR
TOOLS;
2. SUCH PICKLOCKS OR SIMILAR
TOOLS ARE SPECIALLY ADOPTED TO THE
COMMISSION OF ROBBERY;
3. OFFENDER DOES NOT HAVE
LAWFUL CAUSE FOR SUCH POSSESSION.
BRIGANDAGE (ART. 306)
Art. 306. Who are brigands; Penalty. —
When more than three armed persons
form a band of robbers for the purpose
of committing robbery in the highway,
or kidnapping persons for the purpose
of extortion or to obtain ransom or for
any other purpose to be attained by
means of force and violence, they
shall be deemed highway robbers or
brigands.
Persons found guilty of this offense
shall be punished by prision mayor in
its medium period to reclusion
temporal in its minimum period if the
act or acts committed by them are not
punishable by higher penalties, in
which case, they shall suffer such high
penalties.
If any of the arms carried by any of
said persons be an unlicensed
firearms, it shall be presumed that said
persons are highway robbers or
brigands, and in case of convictions
the penalty shall be imposed in the
maximum period.
Q: WHAT IS BRIGANDAGE?
A: BRIGANDAGE IS COMMITTED BY
MORE THAN 3 ARMED PERSONS WHO
FORM A BAND OF ROBBERS FOR THE
PURPOSE OF COMMITTING ROBBERY IN
THE HIGHWAY OR KIDNAPPING
PERSONS FOR THE PURPOSE OF
EXTORTION OR TO OBTAIN RANSOM,
OR FOR ANY OTHER PURPOSE TO BE
OBTAINED BY MEANS OF FORCE AND
VIOLENCE.
NOTE: THE FORMATION OF HIGHWAY
ROBBERS OR BRIGANDS IS PUNISHABLE
UNDER THIS ARTICLE.
THE CRIME IS COMMITTED BY MERE
CONSPIRACY TO COMMIT THE ACTS OF
BRIGANDAGE.
THE PURPOSE OF HIGHWAY ROBBERS
OR BRIGANDS IS EXTORTION OR
RANSOM.
Q: WHAT IS THE ESSENCE OF
BRIGANDAGE?
A: BRIGANDAGE IS A CRIME OF
DEPREDATION WHEREIN THE UNLAWFUL
ACTS ARE DIRECTED NOT ONLY
AGAINST SPECIFIC, INTENDED OR
PRECONCEIVED VICTIMS, BUT AGAINST
ANY AND ALL PROSPECTIVE VICTIMS
ANYWHERE ON THE HIGHWAY AND
WHOEVER THEY MAY POTENTIALLY BE.
Q: WHAT ARE THE DISTINCTIONS
BETWEEN ROBBERY IN BAND AND
BRIGANDAGE UNDER ART. 306?
A:
ROBBERY BY A BAND BRIGANDAGE
UNDER ART. 306
PURPOSE IS TO COMMIT ROBBERY NOT
NECESSARILY IN HIGHWAYS.
PURPOSE IS TO COMMIT
ROBBERY IN HIGHWAY; OR TO KIDNAP
A PERSON FOR RANSOM OR ANY
OTHER PURPOSE ATTAINED BY FORCE
AND VIOLENCE.
ACTUAL COMMISSION OF ROBBERY IS
NECESSARY. MERE FORMATION IS
PUNISHED.
NOTE: PD 532 (HIGHWAY ROBBERY)
WILL BE DISCUSSED UNDER SPECIAL
PENAL LAWS.
AIDING AND ABETTING A BAND OF
BRIGANDS (ART. 307)
Art. 307. Aiding and abetting a band
of brigands. — Any person knowingly
and in any manner aiding, abetting or
protecting a band of brigands as
described in the next preceding
article, or giving them information of
the movements of the police or other
peace officers of the Government (or
of the forces of the United States
Army), when the latter are acting in
aid of the Government, or acquiring or
receiving the property taken by such
brigands shall be punished by prision
correccional in its medium period to
prision mayor in its minimum period.
It shall be presumed that the person
performing any of the acts provided in
this article has performed them
knowingly, unless the contrary is
proven.
Q: WHAT ARE THE ELEMENTS OF THIS
CRIME?
A:
1. THERE IS A BAND OF BRIGANDS;
2. OFFENDER KNOWS THE BAND TO
BE OF BRIGANDS;
3. OFFENDER DOES ANY OF THE
FOLLOWING ACTS;
a. HE IN ANY MANNER AIDS, ABETS
OR PROTECTS SUCH BAND OF
BRIGANDS, OR
b. HE GIVES THEM INFORMATION
OF THE MOVEMENTS OF THE POLICE OR
OTHER PEACE OFFICERS OF THE
GOVERNMENT, OR
c. HE ACQUIRES OR RECEIVES THE
PROPERTY TAKEN BY SUCH BRIGANDS.
THEFT (ART. 308)
Art. 308. Who are liable for theft. —
Theft is committed by any person who,
with intent to gain but without violence
against or intimidation of persons nor
force upon things, shall take personal
property of another without the latter's
consent.
Theft is likewise committed by:
1. Any person who, having found lost
property, shall fail to deliver the same
to the local authorities or to its owner;
2. Any person who, after having
maliciously damaged the property of
another, shall remove or make use of
the fruits or object of the damage
caused by him; and
3. Any person who shall enter an
inclosed estate or a field where
trespass is forbidden or which belongs
to another and without the consent of
its owner, shall hunt or fish upon the
same or shall gather cereals, or other
forest or farm products.
Q: WHAT IS THEFT?
A: THEFT IS COMMITTED BY ANY
PERSON WHO, WITH INTENT TO GAIN
BUT WITHOUT VIOLENCE AGAINST OR
INTIMIDATION OF NEITHER PERSONS
NOR FORCE UPON THINGS, SHALL TAKE
PERSONAL PROPERTY OF ANOTHER
WITHOUT THE LATTER’S CONSENT.
Q: WHO ARE THE PERSONS LIABLE FOR
THEFT?
A:
1. THOSE WHO, WITH INTENT TO
GAIN, BUT WITHOUT VIOLENCE
AGAINST OR INTIMIDATION OF NEITHER
PERSONS NOR FORCE UPON THINGS,
TAKE PERSONAL PROPERTY OF
ANOTHER WITHOUT THE LATTER’S
CONSENT.
2. THOSE WHO HAVING FOUND
LOST PROPERTY, FAIL TO DELIVER THE
SAME TO THE LOCAL AUTHORITIES OR
TO ITS OWNER.
LOST PROPERTY INCLUDES STOLEN
PROPERTY SO THAT THE ACCUSED WHO
FOUND A STOLEN HORSE IS LIABLE IF HE
FAILS TO DELIVER THE SAME TO THE
OWNER OR TO THE AUTHORITIES SINCE
THE TERM “LOST” IS GENERIC IN NATURE
AND EMBRACES LOSS BY STEALING OR
BY ANY ACT OF A PERSON OTHER THAN
THE OWNER AS WELL AS BY THE ACT OF
THE OWNER HIMSELF THROUGH SAME
CASUAL OCCURRENCE. (PEOPLE VS.
RODRIGO, 16 SCRA 475)
3. THOSE WHO AFTER HAVING
MALICIOUSLY DAMAGED THE
PROPERTY OF ANOTHER, REMOVE OR
MAKE USE OF THE FRUITS OR OBJECT OF
THE DAMAGE CAUSED BY THEM.
4. THOSE WHO ENTER AN
ENCLOSED ESTATE OR A FIELD WHERE
TRESPASS IS FORBIDDEN OR WHICH
BELONGS TO ANOTHER AND, WITHOUT
THE CONSENT OF ITS OWNER, HUNT OR
FISH UPON THE SAME OR GATHER
FRUITS, CEREALS OR OTHER FOREST OR
FARM PRODUCTS.
Q: WHAT ARE THE ELEMENTS OF THEFT?
A:
1. THERE IS TAKING OF PERSONAL
PROPERTY;

IT MAY BE A STOLEN PROPERTY BUT AS
LONG AS IT DOES NOT BELONG TO THE
THIEF OR ROBBER, IT CAN BE THE
SUBJECT OF THE CRIME.
2. PROPERTY TAKEN BELONGS TO
ANOTHER;
3. TAKING WAS DONE WITH INTENT
TO GAIN;
INTENT TO GAIN IS PRESUMED IN
MALICIOUS TAKING OF PERSONAL
PROPERTY OF ANOTHER.
4. TAKING WAS DONE WITHOUT THE
CONSENT OF THE OWNER;
ILLUSTRATION:
THUS, WHILE PRAYING IN A CHURCH, A
FELT AND SAW HIS WALLET BEING
TAKEN BY B, BUT BECAUSE OF THE
SOLEMNITY OF THE PROCEEDINGS, DID
NOT MAKE ANY MOVE; WHILE THE
TAKING WAS WITH HIS KNOWLEDGE, IT
WAS WITHOUT HIS CONSENT, AND
THEFT IS COMMITTED.
5. TAKING IS ACCOMPLISHED
WITHOUT THE USE OF VIOLENCE
AGAINST OR INTIMIDATION OF
PERSONS OF FORCE UPON THINGS.
Q: WHAT IS THE MEANING OF “TAKING”
IN LAW?
A: “TAKING” MEANS THE ACT OF
DEPRIVING ANOTHER OF THE
POSSESSION AND DOMINION OF
MOVABLE PROPERTY. THE “TAKING”
MUST BE ACCOMPANIED BY THE
INTENTION, AT THE TIME OF THE TAKING,
OF WITHHOLDING THE THING WITH
SOME CHARACTER OF PERMANENCY.
Q: CAN INCORPOREAL PROPERTY BE
THE SUBJECT OF THEFT?
A: YES. PERSONAL PROPERTY DOES NOT
ONLY MEAN CORPOREAL THINGS BUT
ALSO INCLUDES INCORPOREAL
PROPERTY LIKE ELECTRICITY WHICH
CAN BE STOLEN BY USING A JUMPER.
(U.S. VS. CARLOS, 21 PHIL 533) THE TEST
OF WHAT IS THE PROPER SUBJECT OF
LARCENY SEEMS TO BE NOT WHETHER
THE SUBJECT IS CORPOREAL BUT
WHETHER IT IS CAPABLE OF
APPROPRIATION BY ANOTHER.
ILLUSTRATION:
IN CASE OF THEFT OF CHECKS, THE
ARGUMENT THAT CHECKS CANNOT BE
THE PROPER SUBJECT OF LARCENY
BECAUSE THE PAPER ITSELF HAS NO
INTRINSIC VALUE AND IS MERELY AN
EVIDENCE OR TOKEN OF THE EXISTENCE
OF MONEY OR PROPERTY ELSEWHERE,
WHILE TENABLE UNDER THE COMMON
LAW RULE, CANNOT BE SUSTAINED IN
OUR JURISDICTION FOR THE SUPREME
COURT OF SPAIN HAS REPEATEDLY
RULED THAT CHECKS AND OTHER
COMMERCIAL PAPERS ARE SUBJECT OF
LARCENY. (U.S. VS. WICKERSHAM, 20
PHIL. 440)
IN SUCH A CASE, THE PENALTY SHALL
BE BASED ON THE AMOUNT OF MONEY
REPRESENTED BY THE CHECKS OR
PROMISSORY NOTE SINCE, WHILE IT
MAY NOT BE OF VALUE TO THE THIEF, IT
IS UNDOUBTEDLY OF THE VALUE TO THE
OFFENDED PARTY. (PEOPLE VS. KOC
SONG, 63 PHIL. 369)
Q: CAN THERE BE A CRIME OF
FRUSTRATED THEFT?
A: THEFT CANNOT HAVE A FRUSTRATED
STAGE. THEFT CAN ONLY BE ATTEMPTED
OR CONSUMMATED.
Q: FOR THE CRIME OF THEFT TO BE
CONSUMMATED, IS IT NECESSARY THAT
THE OFFENDER, ONCE HAVING
COMMITTED ALL THE ACTS OF
EXECUTION FOR THEFT, IS ABLE OR
UNABLE TO FREELY DISPOSE OF THE
PROPERTY STOLEN?
A: NO. SINCE THE DEPRIVATION FROM FULL POSSESSION THEREOF EVEN IF HE
THE OWNER ALONE HAS ALREADY DID NOT HAVE THE OPPORTUNITY TO
ENSUED FROM SUCH ACTS OF DISPOSE OF THE SAME.
EXECUTION. PROOF THAT THE ACCUSED IS IN
UNDER ARTICLE 308 OF THE REVISED POSSESSION OF A RECENTLY STOLEN
PENAL CODE, THERE IS ONLY ONE PROPERTY GIVES RISE TO A VALID
OPERATIVE ACT OF EXECUTION BY THE PRESUMPTION THAT HE STOLE THE
ACTOR INVOLVED IN THEFT – THE PROPERTY.
TAKING OF PERSONAL PROPERTY OF Q: WHEN IS UNLAWFUL TAKING
ANOTHER. COMPLETE?
THE ABILITY OF THE OFFENDER TO A: UNLAWFUL TAKING IS DEEMED
FREELY DISPOSE OF THE PROPERTY COMPLETE FROM THE MOMENT THE
STOLEN IS NOT A CONSTITUTIVE OFFENDER GAINS POSSESSION OF THE
ELEMENT OF THE CRIME OF THEFT. THING, EVEN IF HE HAS NO
SUCH FACTOR RUNS IMMATERIAL TO OPPORTUNITY TO DISPOSE OF THE
THE STATUTORY DEFINITION OF THEFT, SAME.
WHICH IS THE TAKING, WITH INTENT TO UNLAWFUL TAKING, WHICH IS THE
GAIN, OF PERSONAL PROPERTY OF DEPRIVATION OF ONE’S PERSONAL
ANOTHER WITHOUT THE LATTER’S PROPERTY, IS THE ELEMENT WHICH
CONSENT. PRODUCES THE FELONY IN ITS
Q: WHEN IS THE CRIME OF THE THEFT CONSUMMATED STAGE. AT THE SAME
PRODUCED? TIME, WITHOUT UNLAWFUL TAKING AS
A: THEFT IS PRODUCED WHEN THERE IS AN ACT OF EXECUTION, THE OFFENSE
DEPRIVATION OF PERSONAL PROPERTY COULD ONLY BE ATTEMPTED THEFT, IF AT
DUE TO ITS TAKING BY ONE WITH INTENT ALL.
TO GAIN. WITH THESE CONSIDERATIONS, UNDER
IT IS IMMATERIAL TO THE PRODUCT OF ARTICLE 308 OF THE RPC, THEFT
THE FELONY THAT THE OFFENDER, ONCE CANNOT HAVE A FRUSTRATED STAGE.
HAVING COMMITTED ALL THE ACTS OF THEFT CAN ONLY BE ATTEMPTED OR
EXECUTION FOR THEFT, IS ABLE OR CONSUMMATED.
UNABLE TO FREELY DISPOSE OF THE Q: WHAT IS THE DISTINCTION BETWEEN
PROPERTY STOLEN SINCE THE THEFT AND ESTAFA?
DEPRIVATION FROM THE OWNER A:
ALONE HAS ALREADY ENSUED FROM THEFT ESTAFA
SUCH ACTS OF EXECUTION. THE CRIME IS QUALIFIED THEFT IF ONLY
Q: IN THEFT, IS IT REQUIRED FOR THE THE PHYSICAL OR MATERIAL
THIEF TO BE ABLE TO CARRY AWAY THE POSSESSION OF THE THING IS
THING TAKEN FROM THE OWNER? TRANSFERRED. WHERE BOTH THE
A: NO, THE CONSUMMATION OF THIS MATERIAL AND JURIDICAL POSSESSION
CRIME TAKES PLACE UPON THE ARE TRANSFERRED, MISAPPROPRIATION
VOLUNTARY AND MALICIOUS TAKING OF THE PROPERTY WOULD CONSTITUTE
OF THE PROPERTY WHICH IS REALIZED ESTAFA.
UPON THE MATERIAL OCCUPATION OF
THE TAKING, THAT IS, WHEN HE HAD
NOTE: IN THEFT, QUALIFIED WITH GRAVE
ABUSE OF CONFIDENCE AND ESTAFA
WITH ABUSE OF CONFIDENCE, THE
OFFENDER RECEIVES THE THING FROM
THE OFFENDED PARTY.
Q: MARIO FOUND A WATCH IN A JEEP
HE WAS RIDING, AND SINCE IT DID NOT
BELONG TO HIM, HE APPROACHED
POLICEMAN P AND DELIVERED THE
WATCH WITH INSTRUCTION TO RETURN
THE SAME TO WHOEVER MAY BE FOUND
TO BE THE OWNER. P FAILED TO RETURN
THE WATCH TO THE OWNER AND,
INSTEAD, SOLD IT AND APPROPRIATES
FOR HIMSELF THE PROCEEDS OF THE
SALE. CHARGED WITH THEFT, P
REASONED OUT THAT HE CANNOT BE
FOUND GUILTY BECAUSE IT WAS NOT HE
WHO FOUND THE WATCH AND
MOREOVER, THE WATCH TURNED OUT
TO BE STOLEN PROPERTY. IS P’S DEFENSE
VALID?
A: NO. P’S DEFENSE IS NOT VALID. IN A
CHARGE FOR THEFT, IT IS ENOUGH THAT
THE PERSONAL PROPERTY SUBJECT
THEREOF BELONGS TO ANOTHER AND
NOT TO THE OFFENDER (P). IT IS
IRRELEVANT WHETHER THE PERSON
DEPRIVED OF THE POSSESSION OF THE
WATCH HAS OR HAS NO RIGHT TO THE
WATCH. THEFT IS COMMITTED BY ONE
WHO, WITH INTENT TO GAIN,
APPROPRIATES PROPERTY OF ANOTHER
WITHOUT THE CONSENT OF ITS OWNER.
AND THE CRIME IS COMMITTED EVEN
WHEN THE OFFENDER RECEIVES
PROPERTY OF ANOTHER BUT ACQUIRES
ONLY PHYSICAL POSSESSION TO HOLD
THE SAME. (1998 BAR QUESTION).
ILLUSTRATION:
WHERE THE FINDER OF THE LOST OR
MISLAID PROPERTY ENTRUSTS IT TO
ANOTHER FOR DELIVERY TO A
DESIGNATED OWNER, THE PERSON TO
WHOM IT IS THUS CONFIDED, ASSUMES
BY VOLUNTARY SUBSTITUTION, AS TO
BOTH THE PROPERTY AND THE OWNER,
THE SAME RELATION AS WAS
OCCUPIED BY THE FINDER. IF THE
MISAPPROPRIATES IT, HE IS GUILTY OF
THEFT AS IF HE WERE THE ACTUAL
FINDER OF THE SAME. (PEOPLE VS.
AVILA, 44 PHIL. 720).
Q: SUNSHINE, A BEAUTEOUS
“COLEGIALA” BUT A SHOPLIFTER, WENT
TO THE EVER DEPARTMENT STORE AND
PROCEEDED TO THE WOMEN’S WEAR
SECTION. THE SALESLADY WAS OF THE
IMPRESSION THAT SHE BROUGHT TO THE
FITTING ROOM THREE (3) PIECES OF
SWIMSUITS OF DIFFERENT COLORS.
WHEN SHE CAME OUT OF THE FITTING
ROOM, SHE RETURNED ONLY TWO (2)
PIECES TO THE CLOTHES RACK. THE
SALESLADY BECAME SUSPICIOUS AND
ALERTED THE STORE DETECTIVE.
SUNSHINE WAS STOPPED BY THE
DETECTIVE BEFORE SHE COULD LEAVE
THE STORE AND BROUGHT TO THE
OFFICE OF THE STORE MANAGER. THE
DETECTIVE AND THE MANAGER
SEARCHED HER AND FOUND HER
WEARING THE THIRD SWIMSUIT UNDER
HER BLOUSE AND PANTS. WAS THE THEFT
OF THE SWIMSUIT CONSUMMATED,
FRUSTRATED OR ATTEMPTED? EXPLAIN.
A: THE THEFT WAS CONSUMMATED
BECAUSE THE TAKING OR
ASPORTATION WAS COMPLETE. THE
ASPORTATION IS COMPLETE WHEN THE
OFFENDER ACQUIRED EXCLUSIVE
CONTROL OF THE PERSONAL PROPERTY
BEING TAKEN; IN THIS CASE, WHEN
SUNSHINE WORE THE SWIMSUIT UNDER
HER BLOUSE AND PANTS AND WAS ON
HER WAY OUT OF THE STORE. WITH
EVIDENT INTENT TO GAIN, THE TAKING
CONSTITUTES THEFT AND BEING
COMPLETE, IT IS CONSUMMATED. IT IS
NOT NECESSARY THAT THE OFFENDER IS
IN A POSITION TO DISPOSE OF THE
PROPERTY.
ALTERNATIVE ANSWER:
THE CRIME OF THEFT WAS ONLY
FRUSTRATED BECAUSE SUNSHINE HAS
NOT YET LEFT THE STORE WHEN THE
OFFENSE WAS OPPORTUNELY
DISCOVERED AND THE ARTICLE SEIZED
FROM HER. SHE DOES NOT HAVE YET
THE FREEDOM TO DISPOSE OF THE
SWIMSUIT SHE WAS TAKING (PEOPLE VS.
DINO, CA 45 O.G. 3446). MOREOVER,
IN CASE OF DOUBT AS TO WHETHER IT IS
CONSUMMATED OR FRUSTRATED, THE
DOUBT MUST BE RESOLVED IN FAVOR
OF THE MILDER CRIMINAL
RESPONSIBILITY. (2000 BAR QUESTION).
QUALIFIED THET (ART. 310)
Art. 310. Qualified theft. — The crime of
theft shall be punished by the
penalties next higher by two degrees
than those respectively specified in
the next preceding article, if
committed by a domestic servant, or
with grave abuse of confidence, or if
the property stolen is motor vehicle,
mail matter or large cattle or consists
of coconuts taken from the premises
of the plantation or fish taken from a
fishpond or fishery, or if property is
taken on the occasion of fire,
earthquake, typhoon, volcanic
erruption, or any other calamity,
vehicular accident or civil
disturbance. (As amended by R.A. 120
and B.P. Blg. 71. May 1, 1980).
Q: WHEN IS THEFT QUALIFIED?
A: THEFT IS QUALIFIED:
1. IF THEFT IS COMMITTED BY A
DOMESTIC SERVANT.
2. IF THE THEFT IS COMMITTED WITH
GRAVE ABUSE OF CONFIDENCE.
3. IF THE PROPERTY STOLEN IS A
MOTOR VEHICLE, MAIL MATTER OR
LARGE CATTLE.
4. IF THE PROPERTY STOLEN
CONSIST OF COCONUTS TAKEN FROM
THE PREMISES OF A PLANTATION.
5. IF THE PROPERTY STOLEN IS FISH
TAKEN FROM A FISHPOND OR FISHERY.
6. IF PROPERTY IS TAKEN ON THE
OCCASION OF FIRE, EARTHQUAKE
TYPHOON, VOLCANIC ERUPTION, OR
ANY OTHER CALAMITY, VEHICULAR
ACCIDENT OR CIVIL DISTURBANCE.
Q: A VEHICULAR ACCIDENT OCCURRED
ON THE NATIONAL HIGHWAY IN
BULACAN. AMONG THE FIRST TO
ARRIVE AT THE SCENE OF THE
ACCIDENT WAS A, WHO FOUND ONE
OF THE VICTIMS ALREADY DEAD AND
THE OTHERS UNCONSCIOUS. BEFORE
RESCUERS COULD COME, A, TAKING
ADVANTAGE OF THE HELPLESS
CONDITION OF THE VICTIMS, TOOK
THEIR WALLETS AND JEWELRY.
HOWEVER, THE POLICE, WHO
RESPONDED TO THE REPORT OF THE
ACCIDENT, CAUGHT A. WHAT CRIME
OR CRIMES DID A COMMIT? WHY?
A: A COMMITTED THE CRIME OF
QUALIFIED THEFT BECAUSE HE TOOK THE
WALLETS AND JEWELRY OF THE VICTIMS
WITH EVIDENT INTENT TO GAIN AND ON
THE OCCASION OF A VEHICULAR
ACCIDENT WHEREIN HE TOOK
ADVANTAGE OF THE HELPLESS
CONDITION OF THE VICTIMS. BUT ONLY
ONE CRIME OF QUALIFIED THEFT WAS
COMMITTED ALTHOUGH THERE WERE
MORE THAN ONE VICTIM DIVESTED OF
THEIR VALUABLES, BECAUSE ALL THE
TAKING OF THE VALUABLES WERE MADE
ON ONE AND THE SAME OCCASION,
THUS CONSTITUTING A CONTINUED
CRIME. (2002 BAR QUESTION)
NOTE: IF THE OFFENSE IS TO BE
QUALIFIED BY “ABUSE OF
CONFIDENCE”, THE ABUSE MUST BE
GRAVE, LIKE AN ACCUSED THAT WAS
OFFERED FOOD AND ALLOWED TO
SLEEP IN THE HOUSE OF THE COMPLAINT
OUT OF THE LATTER’S PITY AND
CHARITY, BUT STOLE THE LATTER’S
MONEY IN HIS HOUSE WHEN HE LEFT
THE PLACE.
ILLUSTRATION:
WHERE ACCUSED WHO ARE EMPLOYEES
OF THE OFFENDED PARTY ENJOYING
FREE ACCESS TO THE DIFFERENT PLACES
AND PARTS OF THE ESTABLISHMENTS,
STEAL AND CARRY AWAY SEVERAL
LITERS OF GASOLINE WHICH THEY HAVE
RECEIVED FROM COMPLAINT’S
SUPPLIER WITH THE TASK OF SELLING
THEM TO THE CUSTOMERS, THEY ARE
LIABLE FOR QUALIFIED THEFT
COMMITTED THROUGH GRAVE ABUSE
OF CONFIDENCE. (CORTEZ VS. COURT
OF APPEALS, 245 SCRA 198).
ILLUSTRATION:
AN ASSISTANT AGENT IN CHARGE AND
ACCOUNTING CASHIER OF THE PNB
ENTRUSTED WITH AND ACCOUNTABLE
FOR ALL ITS COLLECTIONS AND
DEPOSITS INCLUDING EQUIPMENT AND
SUPPLIES, WAS ACCUSED OF HAVING
TAKEN P126, 190.00 FOUND IN HIS
DRAWER. IT WAS HELD THAT THE CRIME
OF THEFT IS QUALIFIED BY THE RELATION
OF TRUST BETWEEN THE ACCUSED AND
THE PNB CREATING HIGHER DEGREE OF
CONFIDENCE WHICH THE FORMER
GRAVELY ABUSED. HE WILLFULLY TOOK
ADVANTAGE OF HIS POSITION, HIS
KNOWLEDGE OF THE SAFE
COMBINATIONS AND HIS PHYSICAL
POSSESSION OF THE MONEY TO CARRY
OUT AND CONSUMMATE THE THEFT.
RELATED SPECIAL LAWS
PD330
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST RESERVES
AS QUALIFIED THEFT
Q: WHAT ARE THE PUNISHABLE ACTS
UNDER PD 3307?
A:
1. CUTTING,
2. GATHERING,
3. REMOVING, OR
4. SMUGGLING TIMBER, OR OTHER
FOREST PRODUCTS EITHER FROM ANY
OF THE PUBLIC FOREST, FOREST
RESERVES AND OTHER KINDS OF PUBLIC
FORESTS, WHETHER UNDER LICENSE OR
LEASE, OR FROM ANY PRIVATELY
OWNED FOREST LANDS IN VIOLATION
OF EXISTING LAWS, RULES AND
REGULATION.
NOTE: ANTI-CATTLE RUSTLING LAW,
ANTI-FENCING LAW AND AN ACT
PREVENTING AND PENALIZING CAR
NAPPING WILL BE DISCUSSED UNDER.
PD 581
“HIGH GRADING” OR “THEFT OF GOLD”
Q: WHAT IS PUNISHED UNDER PD 581?
A: ANY PERSON WHO SHALL TAKE
GOLD-BEARING ORES OR ROCKS FROM
A MINING CLAIM OR MINING CAMP
OR SHALL REMOVE, COLLECT OR
GATHER GOLD-BEARING ORES OR
ROCKS IN PLACE OR SHALL EXTRACT
OR REMOVE THE GOLD FROM SUCH
ORES OR ROCKS, OR SHALL PREPARE
AND TREAT SUCH ORES OR ROCKS TO
RECOVER OR EXTRACT THE GOLD
CONTENTS THEREOF, WITHOUT THE THE USE OF ELECTRICITY.
CONSENT OF THE OPERATOR OF THE
MINING CLAIM, SHALL BE GUILTY OF XPN: THE SECRETARY OF DENR MAY
“HIGHGRADING” OR “THEFT OF GOLD”. ALLOW IT FOR RESEARCH,
PD 401 EDUCATIONAL OR SCIENTIFIC
(UNAUTHORIZED INSTALLATION OF PURPOSES.
WATER, ELECTRICAL OR TELEPHONE
CONNECTIONS, THE USE OF TAMPERED RA 7832
METERS) “Anti-electricity and Electric
Transmission Lines/Materials Pilferage
Q: WHAT ARE THE PUNISHABLE ACTS Act of 1994.”
UNDER PD 401? Q: What are the pinushable acts under
A: RA 7832?
1. INSTALLATION OF ANY WATER, A:
ELECTRICAL OR TELEPHONE 1. Illegal Use of Electricity
CONNECTION WITHOUT PREVIOUS a. Tap, make or cause to be made
AUTHORITY FROM THE MWSS, THE any connection –
MERALCO OR THE PLDT; ii. With overhead lines, service
2. TAMPERING AND/OR USING drops, or other electric service wires,
TAMPERED WATER OR ELECTRICAL or
METERS OR JUMPERS OR OTHER iii. To the existing electric service
DEVICES WHEREBY WATER OR facilities of any duly registered
ELECTRICITY IS STOLEN; consumer without previous authority or
3. STEALING OR PILFERING WATER consent of the private electric utility or
AND/OR ELECTRIC METERS OR WATER, rural electric cooperative concerned;
ELECTRIC AND/OR TELEPHONE WIRES; b. Tamper, install or use a
4. KNOWINGLY POSSESSING tampered electrical meter, jumper,
STOLEN OR PILFERED WATER AND/OR etc.
ELECTRICAL METERS AS WELL AS STOLEN c. Damage or destroy an electric
OR PILFERED WATER, ELECTRICAL meter, equipment, wire or conduit xxx
AND/OR TELEPHONE WIRES. d. Knowingly use or receive the
direct benefit of electric service
PD 534 obtained through any of the acts
(ILLEGAL FISHING) mentioned above.
2. Theft of electric power
Q: WHAT ARE THE ACTS PUNISHABLE transmission lines and materials.
UNDER PD 534?
A: GR: IT SHALL BE UNLAWFUL FOR ANY It is unlawful for any person to do the
PERSON TO CATCH, TAKE OR GATHER ff. without the consent of the owner,
OR CAUSED TO BE CAUGHT, TAKEN OR whether or not the act is done for profit
GATHERED FISH OR FISHERY/AQUATIC or gain:
PRODUCTS IN PHILIPPINE WATERS WITH
THE USE OF EXPLOSIVES, OBNOXIOUS a. Cut, saw, slice, etc. or remove
OR POISONOUS SUBSTANCES OR BY any electric power transmission
line/material or meter from a tower,
pole, etc.
b. Take, carry away or remove or
transfer any electric power
transmission line/material or meter
from a tower, pole, any other
installation or place of installation etc.
c. Store, possess or otherwise keep
in his premises, custody of control, any
electric power transmission
line/material or meter.
d. Load, carry, ship or move from
one place to another, any electrical
power transmission line/material.
THEFT OF THE PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL
MUSEUM (Art. 311)
Art. 311. Theft of the property of the
National Library and National
Museum. — If the property stolen be
any property of the National Library or
the National Museum, the penalty
shall be arresto mayor or a fine
ranging from 200 to 500 pesos, or both,
unless a higher penalty should be
provided under other provisions of this
Code, in which case, the offender
shall be punished by such higher
penalty
Theft of property of National Library
and National Museum has a fixed
penalty regardless of its value, but if
the crime is committed with grave
abuse of confidence, the penalty for
qualified theft shall be imposed.
Chapter Four:
USURPATION
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
PROPERTY
(Art. 312)
Art. 312. Occupation of real
property or usurpation of real rights in
property. — Any person who, by
means of violence against or
intimidation of persons, shall take
possession of any real property or shall
usurp any real rights in property
belonging to another, in addition to
the penalty incurred for the acts of
violence executed by him, shall be
punished by a fine from 50 to 100 per
centum of the gain which he shall
have obtained, but not less than 75
pesos.
If the value of the gain cannot be
ascertained, a fine of from 200 to 500
pesos shall be imposed.
Q: What are the punishable acts?
A:
1. Taking possession of any real
property belonging to another.
2. Usurping any real rights in
property belonging to another.
Q: What are the elements of this
crime?
A:
1. Offender takes possession of
any real property or usurps any real
rights in property;
2. Real property or real rights
belong to another;
3. Violence against or intimidation
of persons is used by the offender in
occupying real property or usurping
real rights in property;
4. There is intent to gain.
Note: There is only civil liability if there
is no violence or intimidation in taking
possession of real property.
Usurpation under Article 312 is
committed in the same way as
robbery with violence or intimidation
of persons. The main difference is that
in robbery, personal property in
involved, while in usurpation of real
rights, it is real property.
Considering that this is crime against
property there must be intent to gain.
In the absence of the intent to gain,
the act may constitute coercion.
Q: What is punished by RA 947?
A: Entering or occupying public
agricultural land including public
lands granted to private individuals.
Q: Who are squatters?
A:
1. Those who have the capacity or
means to pay rent or for legitimate
housing but are squatting anyway;
2. Also the persons who were
awarded lots but sold or lease them
out;
3. Intruders of lands reserved for
socialized housing, pre-empting
possession by occupying the same.
(Source: Urban Development and
Housing Act)
ALTERING BOUNDARIES OR
LANDMARKS
(Art. 313)
Art. 313. Altering boundaries or
landmarks. — Any person who shall
alter the boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended
to designate the boundaries of the
same, shall be punished by arresto
menor or a fine not exceeding 100
pesos, or both.
Q: What are the elements of this
crime?
A:
1. There are boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended
to designate the boundaries of the
same:
2. Offender alters said boundary
marks.
Note: Intent to gain is not necessary.
Mere act of altering or destruction of
the boundary marks is sufficient.
Chapter Five:
CULPABLE INSOLVENCY
FRAUDULENT INSOLVENCY (Art. 314)
Art. 314. Fraudulent insolvency. — Any
person who shall abscond with his
property to the prejudice of his
creditors, shall suffer the penalty of
prision mayor, if he be a merchant
and the penalty of prision
correccional in its maximum period to
prision mayor in its medium period, if
he be not a merchant.
Q: What are the elements of fraudulent
insolvency?
A:
1. Offender is a debtor; that is he
has obligations due and payable;
2. He absconds with his property;
3. There be prejudice to his
creditors.
Q: What is the essence of this crime?
A: The essence of the crime is that any
property of the debtor is made to
disappear for the purpose of evading
the fulfilment of the obligations and
liabilities contracted with one or more
creditors to the prejudice of the latter.
Note: To abscond does not mean that
the debtor should depart and
physically conceal his property.
Fraudulent must result to the prejudice
of his creditors.
If the accused concealed his property
fraudulently but it turned out that he
has some other property with which to
satisfy his obligation, he is not liable
under this article.
Being a merchant qualifies the crime
as the penalty is increased.
If these acts are committed after the
institution of insolvency proceeding,
the insolvency Law shall apply.
Chapter Six:
SWINDLING AND OTHER DECEIT
SWINDLING (Estafa) (Art. 315)
Art. 315. Swindling (estafa). — Any
person who shall defraud another by
any of the means mentioned
hereinbelow shall be punished by:
1st. The penalty of prision correccional
in its maximum period to prision
mayor in its minimum period, if the
amount of the fraud is over 12,000
pesos but does not exceed 22,000
pesos, and if such amount exceeds
the latter sum, the penalty provided in
this paragraph shall be imposed in its
maximum period, adding one year for
each additional 10,000 pesos; but the
total penalty which may be imposed
shall not exceed twenty years. In such
cases, and in connection with the
accessory penalties which may be
imposed under the provisions of this
Code, the penalty shall be termed
prision mayor or reclusion temporal,
as the case may be.
2nd. The penalty of prision
correccional in its minimum and
medium periods, if the amount of the
fraud is over 6,000 pesos but does not
exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period if
such amount is over 200 pesos but
does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum
period, if such amount does not
exceed 200 pesos, provided that in
the four cases mentioned, the fraud
be committed by any of the following
means:
1. With unfaithfulness or abuse of
confidence, namely:
(a) By altering the substance, quantity,
or quality or anything of value which
the offender shall deliver by virtue of
an obligation to do so, even though
such obligation be based on an
immoral or illegal consideration.
(b) By misappropriating or converting,
to the prejudice of another, money,
goods, or any other personal property
received by the offender in trust or on
commission, or for administration, or
under any other obligation involving
the duty to make delivery of or to
return the same, even though such
obligation be totally or partially
guaranteed by a bond; or by denying
having received such money, goods,
or other property.
(c) By taking undue advantage of the
signature of the offended party in
blank, and by writing any document
above such signature in blank, to the
prejudice of the offended party or of
any third person.
2. By means of any of the following
false pretenses or fraudulent acts
executed prior to or simultaneously
with the commission of the fraud:
(a) By using fictitious name, or falsely
pretending to possess power,
influence, qualifications, property,
credit, agency, business or imaginary
transactions, or by means of other
similar deceits.
 (b) By altering the quality, fineness or
weight of anything pertaining to his art
or business.
(c) By pretending to have bribed any
Government employee, without
prejudice to the action for calumny
which the offended party may deem
proper to bring against the offender. In
this case, the offender shall be
punished by the maximum period of
the penalty.
Therein were not sufficient to cover
the amount of the check. The failure of
the drawer of the check to deposit the
amount necessary to cover his check
within three (3) days from receipt of
notice from the bank and/or the
payee or holder that said check has
been dishonored for lack of
insufficiency of funds shall be prima
facie evidence of deceit constituting
false pretense or fraudulent act. (As
amended by R.A. 4885, approved
June 17, 1967.)]
(e) By obtaining any food, refreshment
or accommodation at a hotel, inn,
restaurant, boarding house, lodging
house, or apartment house and the
like without paying therefor, with intent
to defraud the proprietor or manager
thereof, or by obtaining credit at hotel,
inn, restaurant, boarding house,
lodging house, or apartment house by
the use of any false pretense, or by
abandoning or surreptitiously
removing any part of his baggage
from a hotel, inn, restaurant, boarding
house, lodging house or apartment
house after obtaining credit, food,
refreshment or accommodation
therein without paying for his food,
refreshment or accommodation.
3. Through any of the following
fraudulent means:
(a) By inducing another, by means of
deceit, to sign any document.
(b) By resorting to some fraudulent
practice to insure success in a
gambling game
(c) By removing, concealing or
destroying, in whole or in part, any
court record, office files, document or
any other papers.
Q: What are the elements of estafa in
general?
A:
1. Accused defrauded another by
abuse of confidence or by means of
deceit;
This covers the three different ways of
committing estafa under Article 315;
thus, estafa is committed –
a. With unfaithfulness or abuse of
confidence;
b. By means of false pretenses or
fraudulent acts; or
c. Through fraudulent means.
2. Damage or prejudice capable
of pecuniary estimation is caused to
the offended party or third person.
Illustration:
When the accused deceived the
complaints into believing that there
were indeed jobs waiting for them in
Taiwan, and the latter sold their
carabaos, mortgaged or sold their
parcels of land and even contracted
loans to raise the P40,000.00
placement fee required of them by
the accused, the assurances given by
the latter made the complaints part
with whatever resources they had,
clearly establishing deceit and
damage which constitute the
elements of Estafa. Of course, the
accused was held liable too for illegal
Recruitment since it was not proven
that he was not authorized or licensed
to engage in recruitment activities.
(People vs. Bautista, 214 SCRA 216)
Q: What are the elements of estafa
with unfaithfulness of abuse of
confidence under Article 315 (1)?
A: Under paragraph (a):
a. Offender has an onerous
obligation to deliver something of
value;
b. He alters its substance, qualify,
or quality;
c. Damage or prejudice is caused
to another.
Illustration:
Thus, where the accused is bound by
virtue of a contract of sale, payment
having been received to deliver first
class of rice – say milagrosa – but
delivered an inferior kind, or that he
bound himself to deliver one thousand
sacks but delivered less than one
thousand because the other sacks
were filled with different materials, he
is guilty of Estafa with unfaithfulness or
abuse of confidence by altering the
quantity or quality of anything of value
by virtue of an obligation to do so.
Under paragraph (b):
a. Money, goods, or other personal
property is received by the offender is
trust, or on commission, or for
administration, or under any other any
other obligation involving the duty to
make delivery of, or to return, the
same;
b. There is misappropriation or
conversation of such money or
property by the offender or denial on
his part of such receipt;
c. Such misappropriation or
conversion or denial is to the
prejudice of another, and
d. There is a demand made by the
offended party to the offender.
Note: The fourth element is not
necessary when there is evidence of
misappropriation of the goods by the
defendant.
Under PD 115 (Trust Receipts Law), the
failure of the entrustee to turn over the
proceeds of the sale of the goods,
documents, or instruments covered by
a trust receipt, to the extent of the
amount owing to the entruster, or as
appearing in the trust receipt; or the
failure to return said goods,
documents, or instruments if they were
not sold or disposed of in accordance
with the terms of the trust receipt
constitute estafa.
Illustration:
Failure to return a dump truck which
was delivered to the accused by
virtue of a deed of lease after the
expiration of the lease contract and
despite demands would constitute
Estafa by misappropriation or
conversation by the accused of the
subject of the obligation.
The accused received in trust the
money from the complaints for the
particular purpose of investing the
same with the Philtrust Investment
Corp. with the obligation to make
delivery thereof upon demand but
failed to return the same despite
demands. It was admitted that she
used the money for her business.
Accused is guilty of Estafa through
Misappropriation. (fontanilla vs.
People, et. Al., 258 SCRA 460)
A money market transaction however
partakes of the nature of a loan, and
non-payment thereof would not give
rise to criminal liability for estafa
through misappropriation or
conversion. In money market
placements, the unpaid investor
should institute against the middleman
or dealer, before the ordinary courts, a
simple action for recovery of the
amount he had invested, and if there’s
allegation of fraud, the proper forum
would be the SEC. (Sesbreno vs. Court
of Appeals, et. Al., 240 SCRA 606)
Under paragraph ©:
a. The paper with signature of the
offended party is in blank;
b. Offended party delivered it to
the offender;
c. Above the signature of the
offended party, a document is written
by the offender without authority to do
so;
d. The document so written creates
a liability of, or causes damage to, the
offended party or any third person.
Q: What are the elements of estafa by
means of false pretenses or fraudulent
acts under Article 315 (2)?
A:
Under paragraph (a) –
a. Using fictitious name;
b. Falsely pretending to possess
power, influence, qualifications,
property, credits, agency, business or
imaginary transactions; or
c. By means of other similar
deceits.
Under paragraph (b) –
Altering the quality, fineness, or weight
of anything pertaining to his art or
business
Under paragraph (c) –
Pretending to have bribed any
government employee without
prejudice to the action for calumny
which the offended party may deem
proper to bring against the offender.
Under paragraph (d) –
a. Offender postdated a check, or
issued a check in payment of an
obligation;
b. Such postdating or issuing a
check was done when the offender
had no funds in the bank, or his funds
deposited therein were not sufficient
to cover the amount of the check.
Art. 315 (2) (d) is also refer to as Issuing
or Postdating Check Without Funds.
Art. 315 (2) (d) applies only when:
1. Obligation is not pre-existing;
2. Check is drawn to enter into an
obligation;
3. Does not cover checks where
the purpose of drawing the check is to
guarantee a loan.
The check must be genuine. If the
check is falsified and is cashed with
the bank or exchanged for cash, the
crime is estafa thru falsification of a
commercial document.
The check must be issued in payment
of a simultaneous obligation, not one
which is preexisting.
e.g.
the accused must be able to obtain
something from the offended party by
means of the check he issued and
delivered.
Thus, if A issued a check in favor of B
for debt he has incurred a month or so
ago, the dishonor of the check for
insufficiency of funds in the bank does
not constitute Estafa. But if A told B to
deliver to him P10,000 and he (A)
would issue in his favor a check in the
sum of P11,000 as it was a Sunday and
A needed the cash urgently, and B
gave his P10,000 having in mind the
profit of P1,000 when he encashes the
check on Monday and the check
bounced when deposited, A can be
held liable for Estafa. In such case, it
was clear that B would have not
parted with his P10,000 were it not for
the issuance of A’s check.
It must not be promissory notes, or
guaranties
Q: Is good faith a defense?
A: Yes. The payee’s knowledge that
the drawer has no sufficient funds to
cover the postdated checks at the
time of their issuance negates estafa.
It is necessary that the offender knew
that his check had no sufficient funds
in the bank (his failure to cover the
amount of the check within 3 days
from notice creates a prima facie
evidence of deceit).
If the checks were issued by the
defendant and he received money for
them , then stopped payment and did
not return the money, and he had an
intention to stop payment when he
issued the check, there is estafa.
Deceit is presumed if the drawer fails
to deposit the amount necessary to
cover the check within three days
from receipt of notice of dishonor or
insufficiency of funds in the bank.
Q: Can the fact that the accused was
not the actual maker of the check be
put up as a defense?
A: No, such defense is not valid. In the
case of People vs. Isleta, et. Al, 61 Phil.
332 and reiterated in the case of
Zalgado vs. CA, 178 SCRA 146. It was
held that the appellant who only
negotiated directly and personally the
check drawn by another is guilty of
estafa because he had “guilty
knowledge that at the time he
negotiated the check, the drawer has
no sufficient funds.” In other words,
whether Garcia was charged under
either paragraph 2 (a) or 2 (d) of
Article 315 of the RPC, she would still
be guilty of estafa because damage
and deceit, which are essential
elements of the offense, have been
established with satisfactory proof. The
fraudulent act was committed prior to
or simultaneous with the issuance of
the bad check. The guarantee and
the simultaneous delivery of the
checks by Garcia were the
enticement and the efficient cause of
the defraudation committed against
Apolonio who suffered damage
amounting to P87,000.00 as a result of
the fraud committed by Garcia in
paying him underfunded checks
drawn by three different persons
(Yolanda Garcia vs. People of the
Philippines, G.R. No. 144785.
September 11, 2003)
Q: is the accused’s mere failure to turn
over the thing delivered to him in trust
despite demand and the duty to do
so, constitute estafa under Art 315 par
1 (b)?
A: No. The essence of estafa under
Article 315 (1) (b) of the RPC is the
appropriation or conversion of money
or property received, to the prejudice
of the owner thereof. It takes place
when a person actually appropriates
the property of another for his own
benefit, use and enjoyment. The
failure to account, upon demand, for
funds or property held in trust is a mere
circumstantial evidence of
misappropriation. In other words, the
demand for the return of the thing
delivered in trust and the failure of the
accused to account for it are
circumstantial evidence of
misappropriation. However, this
presumption is rebuttable. If the
accused is able to satisfactorily
explain his failure to produce the thing
delivered in trust, he may not be held
liable for estafa. In the case at bar,
however, since the medrep failed to
explaine his inability to produce the
thing delivered to him in trust, the rule
that “the failure to account, upon
demand, for funds or property held in
trust is circumstantial evidence of
misappropriation” applies without
doubt. (Filadams Pharma, Inc. vs.
Court of Appeals et. Al., G.R. No.
132422, March 30, 2004)
Note: Batas Pambansa Blg. 22 (related
special law to estafa) will be
discussed under Special Penal Laws.
Q: What are the acts punished under
Art. 315 (4)?
A:
1.
a. Obtaining food,refreshment, or
accommodation at a hotel, inn,
restaurant, boarding house, lodging
house, or apartment house;
b. Without paying therefor;
c. With intent to defraud the
proprietor or manager.
- Failure to pay food or
accommodation in a hotel, restaurant
or inn usually givs rise to civil liability
but if the intent to defraud is clear like
a surreptitious removal of baggage
from the hotel, or resorting to deceitful
means to evade payment, the act
shall be punished criminally as Estafa.
2.
a. Obtaining credit at any of the
establishments;
b. Using false pretense;
3.
a. Abandoning or surreptitiously
removing any part of his baggage in
the establishment;
b. After obtaining credit, food,
refreshment, accommodation;
c. Without paying.
Estafa through any of the following
fraudulent means under Article 315 (3)
Under paragraph (a) –
1. Offender induced the offended
party to sign a document;
2. Deceit was employed to make
him sign the document;
3. Offended party personally
signed the document;
4. Prejudice was caused.
Illustration:
A induced an illiterate owner who was
desirous of mortgaging his property for
a certain amount, to sign a document
which he believed was only a power
of attorney but in truth it was a deed of
sale. A is guilty of Estafa under par. 3
(a) and the damage could consist at
least in the disturbance in property
rights. (U.S. vs. Malong, 36 Phil 821)
Under paragraph (b) - -
Resorting to some fraudulent practice
to insure success in the gambling
game;
Under paragraph (c) - -
1. Offender removed, concealed
or destroyed;
2. Any court record, office files,
documents or any other papers;
3. With intent to defraud another.
Illustration:
When a lawyer, pretending to verify a
certain pleading in a case pending
before a court, borrows the folder of
the case, and removes or destroys a
document which constitutes evidence
in the said case, said lawyer is guilty of
Estafa under par. 3 (c).
In partnership – partners are not liable the immediate return of the property,
for estafa of money or property the misappropriation or taking of that
received for the partnership when the property is Estafa. (U.S. vs. Figueroa, 22
business commenced and profits Phil. 270
accrued. Q: What are the distinctions between
Q: What are the Distinctions between estafa with abuse of confidence and
Robbery, theft and Estafa? malversation?
A: A:
Robbery Theft Estafa Estafa with Abuse of Confidence
Only personal prop is involved. Only Malversation
personal prop is involved. Subject Funds or property are always private.
matter may be real property. Involves public funds or
Taking is by means of force upon property.
things or violence against or Offender is aprivate individual or even
intimidation of persons. Not so. a public officer who is not
Not so. accountable for public funds or
Penalty does not necessarily depend property. Offender who is usually a
on the amount involved. Penalty public officer is accountable for public
depends on the amount involved funds or property.
Penalty depends on the amount Crime is committed by
involved misappropriating, converting or
Offender takes the property without denying having receive money,
the consent of the owner by using goods or other personal property.
threats, intimidation or violence. Crime is committed by
Offender takes the property appropriating, taking or
without the consent of the owner and misappropriating or consenting, or ,
without using threats, intimidation or through abandonment negligence,
violence Offender receives the permitting any other person to take
property. the public funds or property.
Offenders are entrusted with funds or
Note: The crime is Theft even if the property
property was delivered to the offender Continuing offenses
by the owner or possessor, if the latter
experts an immediate return of the Note: Estafa through false preens
property delivered, that is, he made in writing is only a simple crime
delivered only the physical or material of estafa, not a complex crime of
possession of the property. (U.S. vs. De estafa through falsification
Vera 43 Phil 1000) However, if what Q: Alfredo is the corporate treasurer of
was delivered was juridical possession Multimillion Insurance Company. As
of the property, that is, a situation corporate treasure, he would have in
where the person to whom it was his possession an average of
delivered can set off this right to P5,000,000.00 at any given time. In
possess even as against the owner, 1984, when the money market rate of
and the latter should not be expecting interest ranged from 35% to 50%,
Alfredo place P1,000,000.00 of the
corporate funds in the money market
in his name without the knowledge of
any other corporate official of the
company. Upon maturity of the money
market placement, Alfredo returned
the amount of P1,000,000.00 to the
corporation, but kept to himself the
interest income of P250,000. At the end
of 1984, when audit examinations of
his accounts were undertaken, the
auditors found no shortage in his
accountabilities. Did Alfredo commit
any crime?
A: Yes, Alfredo committed the crime of
estafa thru abuse of confidence, even
if he had no intention to permanently
misappropriate the corporate funds for
himself. The law on estafa is clear and
does not make any distinctions
between permanent and temporary
misappropriations, for as long as
damage is suffered by the offended
party.
Damage was suffered by the
corporation in his case because if the
P1,000,000.00 pesos had not been
withdrawn the corporate coffers it
would have earned interest for the
benefit of the company.
Estafa and not qualified theft, is
committed because as corporate
treasurer, Alfredo has juridical
possession of the P5 million pesos in
his custody.
This was in the nature of a trust fund
entrusted to him for corporate
purposes. While it is a general
principle that misappropriation of trust
funds for short periods does not always
amount to estafa, it has been held that
his principle cannot extend to cases
where officers of corporations
converted corporate funds to their
own use. (U.S. vs. Sevilla, 43 Phil. 190).
Fraudulent intent is not even
necessary in such cases because the
breach of confidence involved in the
misappropriation for conversion of
trust funds takes the place of
fraudulent intent and is in itself
sufficient. ( 1989 Bar Question)
Q: Aurelia introduced Rosa to Victoria,
a dealer in jewelry who does business
in Timog, Quezon City. Rosa, a
resident of Cebu City, agreed to sell a
diamond ring and bracelet to Victoria
on a commission basis, on condition
that, if these items cannot be sold,
they be returned to Victoria forthwith.
Unable to sell the ring and bracelet,
Rosa delivered both items to Aurelia in
Cebu City with the understanding that
Aurelia shall, in turn, return the items to
Victoria in Timog, Quezon City. Aurelia
dutifully returned the bracelet to
Victoria but sold the ring, kept the
cash proceeds thereof to herself, are
issued to check to Victoria which
bounced. Victoria sued Rose for estafa
under Article 315, RPC, Victoria
insisting that delivery to a third person
of the thing held in trust is not a
defense in estafa. Is Rosa criminally
liable for estafa under the
circumstances? Explain.
A: No, Rosa cannot be held criminally
liable for estafa. Although she
received the jewelry from Victoria
under an obligation to return the same
or deliver the proceeds thereof, she
did not misappropriate it. In fact, she
gave them to Aurelia specifically to
be returned to Victoria. The
misappropriation was done by Aurelia,
and absent the showing of any
conspiracy between Aurelia and
Rosa, the latter cannot be held
criminally liable for Aurelia’s acts.
Furthermore, as explained above,
Rosa’s negligence which may have
allowed Aurelia to misappropriate the
jewelry does not make her criminally
liable for estafa. (1999 Bar Question)
Q: B imitated the signature of A,
registered owner of a lot, in special
power of attorney naming him (B) as
the attorney in-fact of A. On February
13, 1964, B mortgaged the lot to a
bank using the special power of
attorney to obtain a loan of P8,500.00.
On the same day, both the special
power of attorney and the ,ortgage
contract were duly registered in the
Registry of Deeds. Because of B’s
failure to pay, the bank foreclosed the
mortgage and the lot was sold to X in
whose name a new title was issued. In
March 1974, A discovered that the
property was already registered in the
same of X because of an ejectment
case filed against him by X.
1. If you were the lawyer of A, with
what crime or crimes would you
charge B? Explain.
2. If you were the counsel of B,
what would be your defense? Discuss.
A:
1. The crime committed is estafa
thru falsification of public document.
2. My defense will be prescription
because the crime was committed in
1964 and almost twenty nine years
had already elapsed since then. Even
if we take Falsification and Estafa
individually, they have already
prescribed. It is to be noted that when
it comes to discovery, the fact that the
crime was discovered in 1964 will be
of no moment because the offended
party is considered, to have
constructive notice on the forgery
after the Deed of Sale where his
signature had been falsified was
registered in the office of the Register
of Deeds (Cabral vs. Puno, 70 SCRA
606) (1993 Bar Question)
OTHER FORMS OF SWINDFLING (Art.
316)
Art. 316. Other forms of swindling. —
The penalty of arresto mayor in its
minimum and medium period and a
fine of not less than the value of the
damage caused and not more than
three times such value, shall be
imposed upon:
1. Any person who, pretending to be
owner of any real property, shall
convey, sell, encumber or mortgage
the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose
of the same, although such
encumbrance be not recorded.
3. The owner of any personal property
who shall wrongfully take it from its
lawful possessor, to the prejudice of
the latter or any third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation given him under the
belief that it was in payment of
services rendered or labor performed
by him, when in fact he did not
actually perform such services or
labor.
6. Any person who, while being a
surety in a bond 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 obligation
contracted by him, shall sell,
mortgage, or, in any other manner, Elements:
encumber the real property or a. Offender is the owner of
properties with which he guaranteed personal property;
the fulfillment of such obligation. b. Said personal property is in the
Q: What are the other forms of lawful possessor;
swindling? c. Prejudice is thereby caused to
A: the possessor or third person.
1. Conveying, selling, 4. Executing any fictitious contract
encumbering, or mortgaging any real to the prejudice of another;
property, pretending to be the owner 5. Accepting any compensation
of the same; given to him under the belief it was in
Elements: payment of services or labor when he
a. Thing be immovable; did not actually perform such service
b. Offender who is not the owner of or labor;
said property should represent that he 6. Selling, mortgaging or in any
is the owner thereof; manner encumbering real property
c. Offender should have executed while being a surety in bond without
an act of ownership (selling, leasing, express authority from the court or
encumbering or mortgaging the real before being relieved from the
property); obligation.
d. Act is made to the prejudice of
the owner or of a third person. Elements:
2. Disposing real property knowing a. Offender is a surety in a bond
it to be encumbered even if the given in a criminal or civil action;
encumbrance be not recorded; b. He guaranteed the fulfilment of
such obligation with his real property
Elements: or properties;
a. Thing disposed of be real c. He sells, mortgages, or, in any
property; other manner encumbers said real
b. Offender knew that the real property;
property was encumbered, whether d. Such sale, mortgage or
the encumbrance is recorded or not; encumbrance is without express
c. There must be express authority from the court, or made
representation by the offender that the before the cancellation of his bond, or
real property is free from before being relieved from the
encumbrance; obligation contracted by him.
d. Act of disposing of the real
property be made to the damage of SWINDLING A MINOR (Art. 317)
another; Art. 317. Swindling a minor. — Any
3. Wrongful taking of personal person who taking advantage of the
property from its lawful possessor to inexperience or emotions or feelings
the prejudice of the latter or a third of a minor, to his detriment, shall
person; induce him to assume any obligation
or to give any release or execute a
transfer of any property right in
consideration of some loan of money,
credit or other personal property,
whether the loan clearly appears in
the document or is shown in any other
form, shall suffer the penalty of arresto
mayor and a fine of a sum ranging
from 10 to 50 per cent of the value of
the obligation contracted by the
minor.
Q: What are the elements of this
crime?
A:
1. Offender takes advantage of
the inexperience or emotions or
feelings of a minor;
2. He induces such minor to
assume an obligation, or to give
release, or to execute a transfer of any
property right;
3. Consideration is some loan of
money, credit or other personal
property;
4. Transaction is to the detriment of
such minor.
Q: Is actual proof of deceit or
misrepresentation essential?
A: No, it is sufficient that the offender
takes advantage of the inexperience
or emotions of the minor.
OTHER DECEITS (Art. 318)
Art. 318. Other deceits. — The penalty
of arresto mayor and a fine of not less
than the amount of the damage
caused and not more than twice such
amount shall be imposed upon any
person who shall defraud or damage
another by any other deceit not
mentioned in the preceding articles of
this chapter.
Any person who, for profit or gain,
shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the
credulity of the public in any other
similar manner, shall suffer the penalty
of arresto mayor or a fine not
exceeding 200 pesos.
Q: What are the other kinds of deceit
under Art. 318?
A:
1. Defrauding or damaging
another by any other deceit not
mentioned in the preceding articles.
2. Interpreting dreams, making
forecasts, telling fortunes, or taking
advantage of the credulity of the
public in any other similar manner, for
profit or gain.
Note: Deceits in this article include
false pretences and fraudulent acts.
Chapter Seven:
CHATTEL MORTGAGE
REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY (Art. 319)
Art. 319. Removal, sale or pledge of
mortgaged property. — The penalty or
arresto mayor or a fine amounting to
twice the value of the property shall
be imposed upon:
1. Any person who shall knowingly
remove any personal property
mortgaged under the Chattel
Mortgage Law to any province or city
other than the one in which it was
located at the time of the execution of
the mortgage, without the written
consent of the mortgagee, or his
executors, administrators or assigns.
2. Any mortgagor who shall sell or
pledge personal property already
pledged, or any part thereof, under
the terms of the Chattel Mortgage
Law, without the consent of the
mortgagee written on the back of the
mortgage and noted on the record
hereof in the office of the Register of
Deeds of the province where such
property is located.
Q: What are the punishable acts?
A:
1. Knowingly removing any
personal property mortgaged under
the Chattel Mortgage Law to any
province or city other than the one in
which it was located at the time of
execution of the ,mortgage, without
the written consent of the mortgagee
or his executors, administrators or
assigns.
Elements:
a. Personal property is mortgaged
under the Chattel Mortgage Law;
b. Offender knows that such
property is so mortgaged;
c. Offender removes such
mortgaged personal property to any
province or city other than the one in
which it was located at the time of the
execution of the mortgage;
2. Removal is permanent;
3. There is no written consent of the
mortgagee or his executors,
administrators or assigns to such
removal. Any person can be the
offender.
4. Selling or pledging personal
property already pledged, or any part
thereof, under the terms of the Chattel
Mortgage Law, without the consent of
the mortgagee written on the back of
the mortgage and noted on the
record thereof in the office of the
register of deeds of the province
where such property is located.
Elements:
a. Personal property is already
pledged under the terms of the
Chattel Mortgage Law;
b. Offender, who is the mortgagor
of such property, sells or pledges the
same or any part thereof;
c. There is no consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds.
Note: Chattel mortgage must be valid
and subsisting.
Removal of the mortgaged personal
property must be coupled with intent
to defraud.
Removal of the mortgaged personal
property must be couples with intent
to defraud.
Chapter Eight:
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS
ARSON
Q: What is Arson?
A: Arson is the malicious destruction of
property by fire.
Note: Laws on arson in force are PD
1613 and Art. 320, as amended by RA
7659.
Q: What are the Kinds of Arson?
1. Arson, under Sec.1 of P.D. 1613;
2. Destructive arson, under Art. 320
RPC, as amended by R.A. 7659
3. Other cases of arson, under
Sec.3 of PD. 1613.
DESTRUCTIVE ARSON
(Art. 320, as amended by RA 7659)
 a. Any arsenal, shipyard,
Q: How is Destructive Arson storehouse or military powder or
committed? fireworks factory, ordinance,
storehouse, archives or general
A: museum of the government.
1. Any person who shall burn: b. In an inhabited place, any
a. One or more buildings or storehouse o factory of inflammable or
edifices, consequent to one single act explosive materials.
of burning, or as a result of
simultaneous burnings, or committed Other Kinds of Arson (Sec. 3, PD 1613)
on several or different occasions; The property burned is any of the
b. Any building of public or private following:
ownership, devoted to the public in a. Any building used as offices of
general or where people usually the Government or any of its
gather or congregate for a definite agencies;
purpose regardless of whether the b. Any inhabited house or
offender had knowledge that there dwelling;
are persons in said building or edifice c. Any industrial establishment,
at the time it is set on fire and shipyard, oil well or mine shaft,
regardless also of whether the building platform or tunnel
is actually inhabited or not; d. Any plantation, farm, pasture
c. Any train or locomotive, ship or land, growing crop, grain field,
vessel, airship or airplane, devoted to orchard, bamboo grove or forest;
transportation or conveyance, or for e. Any rice mill, sugar mill, cane
public use, entertainment or leisure. mill or mill central; and
d. Any building, factory, f. Any railway or bus station,
warehouse installation and any airport, wharf or warehouse.
appurtenances thereto, which are Q: What are the special aggravating
devoted to the service of public circumstances in arson? (Sec. 4, PD
utilities; 1613):
e. Any building the burning of
which is for the purpose of concealing A:
or destroying evidence of another 1. If committed with intent to gain;
violation of law, or for purpose of 2. If committed for the benefit of
concealing bankruptcy or defrauding another;
creditors or to collect from insurance. 3. If the offender is motivated by
2. Two or more persons or by a spite or hatred towards the owner or
group of persons, regardless of occupant of the property burned;
whether their purpose is merely 4. If committed by a syndicate.
constitutes an overt act in the Note: Offense is committed by a
commission of another violation of syndicate if it is planned or carried out
law. by a group of three or more persons.
3. Any person who shall burn:
Illustration:
Where the accused was charged with
violation of PD 613 without specifying
the particular provision breached and
the information failing to allege
whether or not the burnt house is
inhabited, and not having established
that it was situated in a populated or
congested area, he should be
deemed to have been charged only
with plain Arson under Sec. 1 of PD
613. (People vs. Gutierrez, 258 SCRA
70)
Q: Nestor was had an argument with
his live-in partner, Honey concerning
their son. During their heated
discussion, Nestor intimated to Honey
his desire to have sex with her but the
same was thwarted. Frustrated and
incensed, Nestor set fire on both the
plastic partition of the room and
Honey’s clothes in the cabinet. After
realizing what he did, Nestor
attempted to put out the flames but it
was too late. This resulted to the
burning of their home and the other
neighboring houses. Nestor was
forthwith convicted of Destructive
Arson. Was Nestor’s conviction for the
crime of destructive arson proper?
A: No, the crime committed by Nestor
is simple arson penalized under Sec. 3
par. 2 of PD 1613 as the properties
burned by him are specifically
described as houses, contemplating
inhabited houses or dwellings under
the aforesaid law. Simple Arson
contemplates crimes with less
significant social, economic, political
and national security implications than
Destructive Arson. Destructive arson
under Article 320 of the RPC, on the
other hand, contemplates the burning
of buildings and edifies. (People of the
Philippines vs. Nestor Soriano, G.T. No.
142565. July 29, 2003)
Chapter Nine:
MALICIOUS MISCHIEF
MALICIOUS MISCHIEF (Art. 327)
Art. 327. Who are liable for malicious
mischief. — Any person who shall
deliberately cause the property of
another any damage not falling within
the terms of the next preceding
chapter shall be guilty of malicious
mischief.
Q: What is malicious mischief?
A: Malicious mischief is the willful
damaging of another’s property by
any act not constituting arson or
crimes of destruction due to hate,
revenge or mere pleasure of
destroying.
Q: What are the elements of malicious
mischief?
A:
1. Offender deliberately caused
damage to the property of another;
2. Such act does not constitute
arson or other crimes involving
destruction;
3. Act of damaging another’s
property be committed merely for the
sake of damaging it.
Note: The property must be personal
(not real).
There is destruction of the property of
another but there is no
misappropriation. Otherwise, it would
be theft if the gathers the effects of
destruction.
Malicious mischief does not
necessarily involve moral turpitude.
Malicious mischief being a deliberate
act cannot be committed thru
negligence.
Q: Mario was hired by the PNB as
caretaker of its lot situated in Balanga,
Bataan. Consequently, Mario put up
on the said lot a sign which reads “No
Trespassing, PNB Property’ toward off
squatters. Despite the sign, Julita,
believing that the said lot was owned
by her grandparents, constructed a
nipa hut thereon. Hence, Mario,
together with four others, tore down
and demolished Julita’s hut. She thus
filed with the MTC a criminal
complaint for malicious mischief.
Mario was subsequently convicted of
malicious mischief.
Mario admitted that he deliberately
demolished Julita’s nipa hut but he,
however, contends that the third
element of the crimeof malicious
mischief, i.e., that the act of damaging
another’s property be committed
merely for the sake of damaging it, is
not present in this case. He maintains
that the demolition of the nipa hut is
for the purpose of safeguarding the
interest of his employer. Was the court
correct in convicting Mario of
malicious mischief?
A: Yes, Mario’s conviction for
malicious mischief must be sustained.
The elements of the crime of malicious
mischief under Article 327 of the RPC
are:
(1) That the offender deliberately
caused damage of the property of
another;
(2) That such act does not
constitute arson or another crimes
involving destruction;
(3) That the act of damaging
another’s property be committed
merely for the sake of damaging it.
As to the third element, Mario was not
justified in summarily and extra
judicially demolishing Julita’s nipa hut.
As it is, Mario proceeded not so much
to safeguard the lot as it the vent to his
anger and disgust over the ‘’no
trespassing” sign he placed thereon.
Indeed, his act of summarily
demolishing the house smacks of his
pleasure in causing damage to
it.(Mario Valeroso v. People of the
Philippines, G.R. No. 149718.
September 29, 2003)
SPECIAL CASES OF MALISCIOUS
MISCHIEF/QUALIFIED MALICIOUS
MISCHIEF (Art. 328)
Art. 328. Special cases of malicious
mischief. — Any person who shall
cause damage to obstruct the
performance of public functions, or
using any poisonous or corrosive
substance; or spreading any infection
or contagion among cattle; or who
cause damage to the property of the
National Museum or National Library,
or to any archive or registry,
waterworks, road, promenade, or any
other thing used in common by the
public, shall be punished:
1. By prision correccional in its
minimum and medium periods, if the
value of the damage caused exceeds
1,000 pesos;
2. By arresto mayor, if such value does
not exceed the abovementioned
amount but it is over 200 pesos; and
3. By arresto menor, in such value
does not exceed 200 pesos.
Q: What are the punishable acts under
this article?
A:
1. Causing damage to obstruct the
performance of public functions.
2. Using any poisonous or
corrosive substance.
3. Spreading any infectious or
contagion among cattle.
4. Causing damage to the
property of the National Museum or
National Library, or to any archive or
registry, waterworks, road,
promenade, or any other thing used in
common by the public.
DAMAGE OR OBSTRUCTION TO MEANS
OF COMMUNICATION (Art. 330)
Art. 330. Damage and obstruction to
means of communication. — The
penalty of prision correccional in its
medium and maximum periods shall
be imposed upon any person who
shall damage any railway, telegraph
or telephone lines.
If the damage shall result in any
derailment of cars, collision or other
accident, the penalty of prision mayor
shall be imposed, without prejudice to
the criminal liability of the offender for
the other consequences of his criminal
act.
For the purpose of the provisions of the
article, the electric wires, traction
cables, signal system and other things
pertaining to railways, shall be
deemed to constitute an integral part
of a railway system.
Q: How is this crime committed?
A: Committed by damaging any
railway, telegraph or telephone lines.
Q: What would qualify this crime?
A: If the damage results in any
derailment of cars, collision, or other
accident.
Chapter Ten:
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
PERSONS EXEMPT FROM CRIMINAL
LIABILITY
(Art. 332)
Art. 332. Persons exempt from criminal
liability. — No criminal, but only civil
liability, shall result from the
commission of the crime of theft,
swindling or malicious mischief
committed or caused mutually by the
following persons:
1. Spouses, ascendants and
descendants, or relatives by affinity in
the same line.
2. The widowed spouse with respect
to the property which belonged to the
deceased spouse before the same
shall have passed into the possession
of another; and
3. Brothers and sisters and brothers-in- Estafa should not be complexed with
law and sisters-in-law, if living any other crime in order for exemption
together. to operate.
The exemption established by this
article shall not be applicable to TITLE ELEVEN
strangers participating in the CRIMES AGAINST CHASTITY
commission of the crime.
Q: What are the crimes involved in this Q: What are private crimes?
article?
A: The crimes of adultery,
A: concubinage, seduction, abduction
1. Theft, and acts of lasciviousness are the so-
2. Swindling (estafa), called private crimes.
3. Malicious mischief
Q: Who are the persons exempted Note: They cannot be prosecuted
under Art. 332? except upon the complaint initiated
by the offended party.
A:
1. Spouses, ascendants and Ratio: The law regards the privacy of
descendants, or relatives by affinity in the offended party here as more
the same line. important than gives the offended
2. The widowed spouse with party the preference whether to sue or
respect to the property which not to sue.
belonged to the deceased spouse
before the same passed into the But the moment the offended party
possession of another. has initiated the criminal complaint,
3. Brothers and sisters and the public prosecutor will take over
brothers-in-law and sisters-in-law, if and continue with prosecution of the
living together. offender.

Q: Who are included in the The moment the prosecution starts, the
enumeration? crime has already become public
and it’s beyond the offended party to
A: Included are stepfather, adopted pardon the offender.
children, natural children, concubine
and paramour. Chapter One:
ADULTERY AND CONCUBINAGE
Note: Art. 332 also applies to
common-law spouses ADULTERY (Art. 333)

Exemption does not apply to strangers Art. 333. Who are guilty of adultery. —
participating in the commission of the Adultery is committed by any married
crime. woman who shall have sexual
intercourse with a man not her
husband and by the man who has
carnal knowledge of her knowing her
to be married, even if the marriage be
subsequently declared void.
Adultery shall be punished by prision
correccional in its medium and
maximum periods.
If the person guilty of adultery
committed this offense while being
abandoned without justification by the
offended spouse, the penalty next
lower in degree than that provided in
the next preceding paragraph shall
be imposed.
Q: What are the elements of adultery?
A:
1. Woman is married;
2. She has sexual intercourse with
a man not her husband;
3. As regards the man with whom
she has sexual intercourse, he must
know her to be married.
For adultery to exist, thee must be a
marriage although it be subsequently
annulled. However, even if the
marriage of a guilty woman with the
offended party be subsequently
declared void, there is still Adultery
because until the marriage is
declared to be null and void by
competent authority in a final
judgment, the offense to the vows
taken and the attack to the family
exist.
Adultery is an instantaneous crime
which is consummated and
completed at the moment of the
carnal union.
A single intercourse consummates the
crime of adultery. Each sexual
intercourse constitutes a crime of
adultery, even if it involves the same
man.
There is no frustrated adultery because
of the nature of the offense.
Abandonment without justification is
not exempting, but only mitigating
circumstance.
Acquittal of one of the defendants
does not operate as a cause of
acquittal of the other.
Ratio:
1. There may not be a joint
criminal intent, although there is joint
physical act.
2. One of the parties may be
insane and the other sane, in which
case, only the sane could be held
liable criminally.
3. The man may not know that the
woman is married, in which case, the
man is innocent.
4. Death of the woman during the
pendency of the action cannot defeat
the trial and conviction of the man.
5. Even if the man had left the
country and could not be
apprehended the woman can be tried
and convicted.
Q: What is the rationale of the law for
penalizing adultery?
A: The violation of the marriage vow
seems to be the fundamental ground
for the punishment of adultery and not
the possibility of introducing an
offspring into the family.
Note: Even a married woman who due
to her age, can no longer conceive, is
liable for adultery.
Pardon must come before the
institution of the criminal prosecution;
and
Both the offenders must be pardoned
by the offended party.
Q: How is adultery distinguished from
prostitution?
A:
Adultery Prostitution
It is a private offense. It is a crime
against public morals.
Committed by a woman whether
married or not, who for money or
profit, habitually indulges in sexual
intercourse or lascivious conduct.
Committed by a married
woman who shall have intercourse
with a man not her husband.
CONCUBINAGE (Art. 334)
Art. 334. Concubinage. — Any
husband who shall keep a mistress in
the conjugal dwelling, or shall have
sexual intercourse, under scandalous
circumstances, with a woman who is
not his wife, or shall cohabit with her in
any other place, shall be punished by
prision correccional in its minimum
and medium periods.
The concubine shall suffer the penalty
of destierro.
Q: What are the punishable acts?
A:
1. Keeping a mistress in the
conjugal dwelling; or
2. Having sexual intercourse,
under scandalous circumstances, with
a woman who is not his wife; or
3. Cohabiting with her in any other
place.
Note: Unlike in adultery where a single
sexual intercourse may constitute
such a crime, in concubinage, a
married man is liable only when he
does the above acts.
Q: What are the elements of
concubinage?
A:
1. Man must be married;
2. He committed any of the
following acts;
a. Keeping a mistress in the
conjugal dwelling, or
b. Having sexual intercourse,
under scandalous circumstances, with
a woman who is not his wife, or
c. Cohabiting with her in any other
place.
3. As regards the woman, she must
know him to be married.
Q: Who is included in the complaint?
A: The complaint must include both
parties if they are both alive. In case
of pardon or when the offended
spouse consented, the same shall bar
the prosecution of the offenses,
provided it be done before the
institution or filing of criminal
complaint.
Only the offended spouse can bring
the prosecution.
This is a crime committed by the
married man, the husband. Similarly, it
includes the woman who had a
relationship with the married man.
Note: Concubinage involves moral
turpitude.
Concubinage is a continuing crime.
Illustration:
If the charges consist in keeping a
mistress in the conjugal dwelling, there
is no need of proof of sexual
intercourse. The conjugal dwelling is
the house of the spouses even if the
wife happens to be temporarily absent
therefrom. The woman however must
be brought to the conjugal house by
the accused as concubine to fall
under this article. Thus, if the co-
accused was voluntarily taken and
sheltered by the spouses in their
house, and treated as an adopted
child being a relative of the
complaining wife, her illicit relations
with the accused husband does not
make her a mistress.
Illustration:
If the charge is cohabiting with a
woman not his wife in any other place,
proof of actual sexual intercourse may
not be necessary too. But the term
“cohabit” means intercourse together
as husband or wife or living together
as husband and wife. The cohabitation
must be for some period of time which
may be a week, a year or longer as
distinguished from occasional or
transient meetings for unlawful sexual
intercourse.
Q: May a husband be liable for
concubinage and adultery at the
same time for the same act of illicit
intercourse with the wife of another
man?
A: Yes, when the husband commits
concubinage with a married woman
and provided that the two offended
parties, i.e., his wife and the husband
of his mistress file separate cases
against him.
Chapter Two:
ACTS OF LASCIVIOUSNESS
Q: What are the two kinds of acts of
lasciviousness?
A: Acts of lasciviousness:
1. Under article 336, and
2. Under article 339.
ACTS OF LASCIVIOUSNESS (Art. 336)
Art. 336. Acts of lasciviousness. — Any
person who shall commit any act of
lasciviousness upon other persons of
either sex, under any of the
circumstances mentioned in the
preceding article, shall be punished
by prision correccional.
Q: What are the elements of this
crime?
A:
1. Offender commits any act of
lasciviousness of lewdness;
2. Act of lasciviousness is
committed against a person of either
sex;
3. It is done under any of the
following circumstances:
a. By using force or intimidation; or
b. When be offended party is
deprived of reason or otherwise
unconscious;
c. By means of fraudulent
machination or grave abuse of
authority; or
d. When the offended party is
under 12 years of age or is demented.
Note: Under Art. 336, acts of
lasciviousness is committed when the
act performed with lewd design was
perpetrated under circumstances
which would have brought about the
crime of rape is sexual intercourse
was effected.
Illustration:
When the accused not only kissed
and embraced the complaint but also
fondled her beast with particular
design to independently derive
vicarious pleasure therefrom, the
element of lewd design exists.
Illustration:
If lewd design cannot be proven as
where the accused merely kissed and
embraced the complainant either out
of passion or other motive, touching
her breast as a mere incident, the act
would be categorized as unjust
vexation. (People vs. Climaco (CA) 46
O.G. 3186)
Q: Who may be the offended party?
A: The offended party may be a man
or a woman.
a. Under 12 years of age; or
b. Being over 12 years of age, the
lascivious acts were committed on
him or her through violence or
intimidation or while the offender party
was deprived of reason, or otherwise
unconscious.
Illustration:
Thus, a lesbian who toyed with the
private part of an eleven year old girl
who enjoyed it since she was given
$50 before the act, is guilty of Acts of
Lasciviousness under this article as the
victim is below twelve years old; and
had sexual intercourse been possible
and done, the act would have been
rape.
Q: What is required in order to sustain
conviction for acts of lasciviousness?
A: It is essential that the acts
complained of be prompted by lust or
lewd designs and that the victim did
not consent or encourage such acts.
Q: Is intent to rape an element of the
crime?
A: Intent to rape is not a necessary
element of the crime of acts of
lasciviousness; otherwise, there would
be no crime of attempted rape.
Note: There can be no frustration of
acts of lasciviousness, or rape or of
adultery.
Ratio: From the moment the offender
performs all elements necessary for
the existence of the felony, he
actually attains his purpose and, from
that moment, all the essential
elements of the offense have been
accomplished.
Q: What are the distinctions between
acts of lasciviousness and attempted
rape?
A:
Acts of Lasciviousness Attempted
Rape
Purpose is only to commit acts of
lewdness. Purpose is to lie with the
offended woman.
Lascivious acts are themselves the
final objective sought by the offender.
Lascivious acts are but the
preparatory acts to the commission of
rape.
Illustration:
Thus, when the accused lifted the
dress of the offended party, and
placed him on top of her but the
woman awoke and screamed for help
and despite that, the accused
persisted in his purpose, tearing the
drawers, kissing and fondling her
breasts, the crime is not only Acts of
Lasciviousness but that of Attempted
Rape.
Chapter Three:
SEDUCTION, CORRUPTION OF MINORS
AND WHITE SLAVE TRADE
SEDUCTION
Q: How is seduction committed?
A: Seduction is committed by enticing
a woman to unlawful sexual
intercourse by promise of marriage or c. Offender has sexual intercourse
other means of persuasion without use with her;
of force. d. There is abuse of authority,
confidence or relationship on the part
QUALIFIED SEDUCTION (Art. 337) of the offender.
2. Seduction of a sister by her
brother, or descendant by her
Art. 337. Qualified seduction. — The ascendant, regardless of her age or
seduction of a virgin over twelve years reputation.
and under eighteen years of age,
committed by any person in public In this case, it is not necessary that the
authority, priest, home-servant, offended party is still a virgin.
domestic, guardian, teacher, or any Q: Who are the persons liable for
person who, in any capacity, shall be qualified seduction?
entrusted with the education or A:
custody of the woman seduced, shall 1. Those who abused their
be punished by prision correccional in authority:
its minimum and medium periods. a. Person in public authority;
The penalty next higher in degree b. Guardian;
shall be imposed upon any person c. Teacher;
who shall seduce his sister or d. Person who, in any capacity, is
descendant, whether or not she be a entrusted with the education or
virgin or over eighteen years of age. custody of the woman seduced;
Under the provisions of this Chapter, 2. Those who abused confidence
seduction is committed when the reposed in them:
offender has carnal knowledge of any a. Priest;
of the persons and under the b. House servant;
circumstances described herein. c. Domestic;
Illustration:
Q: What are the acts that constitute Where the complainant who is 16
qualified seduction? years old lives in the same house
A: where the accused, her uncle, also
1. Seduction of a virgin over 12 lives the latter is guilty of Qualified
years and under 18 years of age by Seduction when he had sexual
certain persons, such as, a person in intercourse with her with consent since
authority, priest, teacher, etc., and he is considered a domestic. (People
vs. Subing Subing, 228 SCRA 168)
Elements: Illustration:
a. Offended party is a virgin, which A domestic is applied to a person
is presumed if she is unmarried and of usually living under the same roof,
good reputation; pertaining to the same house, and
b. She is over 12 and under 18 constituting in this sense a part thereof,
years of age; distinguishing it from the term
“servant”. (People vs. Alvarez, 55
SCRA 92)
3. Those who abused their
relationship:
a. Brother who seduced his sister;
b. Ascendant who seduced his
descendant.
Note: Qualified seduction involves
sexual intercourse which was done
with the consent of the woman;
otherwise, the crime is rape. The
offended woman must be over 12 but
below 18 years.
Q: Is deceit is necessary in qualified
seduction?
A: No.
Q: What is the meaning of “virginity”
for purposes of qualified seduction?
A: “Virginity” does not mean physical
virginity. It refers to a woman of chaste
character or virtuous woman of good
reputation.
The virginity referred to here, is not to
be understood in so a material sense
as to exclude the idea of abduction of
a virtuous woman of a good
reputation. Thus, when the accused
claims he had prior sexual intercourse
with the complainant, the latter is still
to be considered a virgin. But if it was
established that the girl had carnal
relations with other men, there can be
no crime of Seduction as she is not a
virgin.
Illustration:
Although in qualified seduction, the
age of the offended woman is
considered, if the offended party is a
descendant or a sister of the offender
– no matter how old she is or whether
she is a prostitute – the crime of
qualified seduction is committed.
SIMPLE SEDUCTION (Art. 338)
Art. 338. Simple seduction. — The
seduction of a woman who is single or
a widow of good reputation, over
twelve but under eighteen years of
age, committed by means of deceit,
shall be punished by arresto mayor.
Q: What are the elements of simple
seduction?
A:
1. Offended party is over 12 and
under 18 years of age;
2. She must be of good reputation,
single or widow;
3. Offender has sexual intercourse
with her;
4. It is committed by means of
deceit.
Note: Virginity of offended party is not
required.
The deceit generally takes form of an
unfulfilled promise to marry, and this
promise need not immediately
precede the sexual act.
ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
Q: What are the elements of this
crime?
A:
1. Offender commits acts of
lasciviousness or lewdness;
2. Acts are committed upon a
woman who is virgin or single or
widow of good reputation, under 18
years of age but over 12 years, or a
sister or descendant regardless of her
reputation or age;
3. Offender accomplishes the acts
by abuse of authority, confidence,
relationship, or deceit.
4. Male cannot be the offended
party in this crime.
Note: In other words, where the acts of
the offender were limited to acts of
lewdness or lasciviousness, and no
carnal knowledge was had, but had
there been sexual intercourse, the
offense would have been seduction;
he is guilty of Acts of Lasciviousness
under this article.
CORRUPTION OF MINORS (Art. 340)
(AS AMENDED BY BP 92)
Art. 340. Corruption of minors. — Any
person who shall promote or facilitate
the prostitution or corruption of
persons underage to satisfy the lust of
another, shall be punished by prision
mayor, and if the culprit is a pubic
officer or employee, including those in
government-owned or controlled
corporations, he shall also suffer the
penalty of temporary absolute
disqualification. (As amended by
Batas Pambansa Blg. 92).
Q: Who are the persons liable under
this article?
A: Any person who shall promote or
facilitate the prostitution or corruption
of persons under age to satisfy the lust
of another.
Q: Is it necessary that unchaste acts
are done?
A: No. Mere proposal consummates
the offense.
Note: Victim must be of good
reputation, not a prostitute or
corrupted person.
Under the present wordings of the law,
a single act of promoting or facilitating
the corruption or prostitution of minor
is sufficient to constitute violation of
this article.
Illustration:
This is usually the act of a pimp who
offers to pleasure seekers, women for
the satisfaction of their lustful desires.
A mere proposal would consummate
the crime. But it must be to satisfy the
lust of another, not his (proponent’s).
The victim must be below 18.
WHITE SLAVE TRADE (Art.341)
Art. 341. White slave trade. — The
penalty of prision mayor in its medium
and maximum period shall be
imposed upon any person who, in any
manner, or under any pretext, shall
engage in the business or shall profit
by prostitution or shall enlist the
services of any other for the purpose
of prostitution (As amended by Batas
Pambansa Blg. 186.)
Q: What are the punishable acts?
A:
1. Engaging in the business of
prostitution;
2. Profiting by prostitution;
3. Enlisting the service of women
for the purpose of prostitution.
Chapter Four:
ABDUCTION
ABDUCTION
Q: What is abduction?
A: Taking away of a woman from her
house or the place where she may be
for the purpose of carrying her to
another place with intent to marry or
to corrupt her.
Q: What are the Kinds of Abduction?
A:
1. Forcible Abduction (Art. 342)
Elements:
1. Person abducted is any woman
regardless of her age, civil status or
reputation;
2. Abduction is against her will;
3. Abduction is with lewd designs.
Illustration:

If the female abducted is under 12
years of age the crime is forcible
abduction, even if she voluntarily goes
with her abductor.
Where lewd design was not proved or
shown, and the victim was deprived of
her liberty, the crime is kidnapping
with Serious Illegal Detention under
Art. 267.
Illustration:
If the accused carried or took away
the victim by means of force and with
lewd design and thereafter raped her,
the crime is Forcible Abduction with
Rape, the former being a necessary
means to commit the latter. The
subsequent 2 other sexual intercourses
committed against the will of the
complainant would be treated as
independent separate crimes of Rape.
(People vs. Bacalso, 210 SCRA 206).
Q: Is sexual intercourse necessary?
A: Sexual intercourse is not necessary
in forcible abduction, the intent to
seduce a girl is sufficient.
Note: there is no complex crime of
forcible abduction with attempted
rape because the attempt to rape is
absorbed by the abduction.
2. Consented Abduction (Art. 343)
Q: What are the elements of
consented abduction?
A:
1. Offended party must be a virgin;
2. She must be over 12 and under
18 years of age;
3. Taking away of the offended
party must be with her consent, after
solicitation or cajolery from the
offender;
4. Taking away of the offended
party must be with lewd designs.
Illustration:
If the offended party is under 12 years
of age, crime committed is forcible
abduction, even if the girl agrees to
the elopement.
In Consented Abduction, it is not
necessary that the young victim (a
virgin over twelve and under 18) be
personally taken from her parent’s
home by the accused; it is sufficient
that he was instrumental in leaving the
house. He must however use
solicitation, cajolery or deceit, or
honeyed promises of marriage to
induce the girl to escape from her
home.
Ratio: Actually, the purpose of the law
is not to punish the wrong done to her,
because she consented thereto but to
prescribe punishment for the disgrace
of her family and the alarm caused to
the parents by the disgrace of a
beloved one who by her age and sex,
is susceptible of deceit, cajolery and
even perdition. (U.S. vs. Reyes, 20 Phil.
510)
Chapter Five:
PROVISIONS RELATIVE TO THE
PRECEDING CHAPTERS OF THE TITLE
ELEVEN
PRODSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE, AND
ACTS OF LASCIVIOUSNESS (Arts. 344-
346)
Art. 344. Prosecution of the crimes of
adultery, concubinage, seduction,
abduction, rape and acts of
lasciviousness. — The crimes of
adultery and concubinage shall not
be prosecuted except upon a
complaint filed by the offended
spouse.
The offended party cannot institute
criminal prosecution without including
both the guilty parties, if they are both
alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction,
rape or acts of lasciviousness, shall not
be prosecuted except upon a
complaint filed by the offended party
or her parents, grandparents, or
guardian, nor, in any case, if the
offender has been expressly
pardoned by the above named
persons, as the case may be.
In cases of seduction, abduction, acts
of lasciviousness and rape, the
marriage of the offender with the
offended party shall extinguish the
criminal action or remit the penalty
already imposed upon him. The
provisions of this paragraph shall also
be applicable to the co-principals,
accomplices and accessories after
the fact of the above-mentioned
crimes.
Art. 345. Civil liability of persons guilty
of crimes against chastity. — Person
guilty of rape, seduction or abduction,
shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring,
unless the law should prevent him from
so doing.
3. In every case to support the
offspring.
The adulterer and the concubine in
the case provided for in Articles 333
and 334 may also be sentenced, in
the same proceeding or in a separate
civil proceeding, to indemnify for
damages caused to the offended
spouse.
Art. 346. Liability of ascendants,
guardians, teachers, or other persons
entrusted with the custody of the
offended party. — The ascendants,
guardians, curators, teachers and any
person who, by abuse of authority or
confidential relationships, shall
cooperate as accomplices in the
perpetration of the crimes embraced
in chapters, second, third and fourth,
of this title, shall be punished as
principals.
Teachers or other persons in any other
capacity entrusted with the education
and guidance of youth, shall also
suffer the penalty of temporary special
disqualification in its maximum period
to perpetual special disqualification.
Any person falling within the terms of
this article, and any other person
guilty of corruption of minors for the
benefit of another, shall be punished
by special disqualification from filling
the office of guardian.
Adultery and Concubinage
Seduction, abduction, rape or
acts of lasciviousness
Prosecution Must be prosecuted upon
complaint signed by the offended
spouse Must be prosecuted upon
complaint signed by:
a. Offended party,
b. Her parents,
c. Grandparents or
d. Guardians in the order named
above.
Pardon Must be made by the
offended party to both the offender.
May be a bar to prosecution if made
before the institution of the criminal
action.
May be express or implied. An
express pardon by the offended party
or other persons named in the law to
the offender, as the case may be, bars or guardian is exclusive and
prosecution. successive in the order provided.
Q: What is the legal effect of the
G.R.: Parent cannot validly pardon to marriage of the offender and the
the offender without the express offended party?
pardon of the girl. A: Marriage of the offender with the
offended party in seduction,
XPN: When she is dead or otherwise abduction, acts of lasciviousness and
incapacitated to grant it, that her rape, extinguishes criminal action or
parents, grandparents or guardian remits the penalty already imposed.
may do so for her. CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY
G.R.: Pardon by the offended party Q: What is the civil liability of persons
who is a minor must have the guilty of rape, seduction or
concurrence of parents. abduction?
A:
XPN: When the offended girl has no 1. To indemnify the offended
parents who could concur in the woman.
pardon. 2. To acknowledge the offspring,
unless the law should prevent him from
Note: Both the guilty parties, if both doing so.
alive must be included in the 3. In every case to support the
complaint for the adultery or offspring.
concubinage. Q: What is the civil liability of the
adulterer and the concubine?
GR: Offended party, even if a minor, A: To indemnify for damages caused
has the right to institute the to the offended spouse.
prosecution for the above mentioned Note: No civil liability for acts of
offenses, independently of her lasciviousness.
parents, grandparents or guardian. Q: What is the Liability of Ascendants,
XPN: If she is incompetent or Guardians, Teachers or Other Persons
incapable of doing so upon grounds Entrusted with the Custody of the
other than her minorit. Offended Party?
If the offended woman is of age, she A: Persons who cooperate as
should be the one to file the accomplices but are punished as
complaint. principals in rape, seduction,
Q: Who may file the complaint where abduction etc. they are:
offended minor fails to file the same? 1. Ascendants;
A: 2. Guardians;
1. Her parents 3. Curators;
2. Grandparents or 4. Teachers;
3. Guardian 5. Any other person who
Note: Right to the file the action cooperates as accomplice with abuse
granted to the parents, grandparents
of authority or confidential 3. Concealing or abandoning any
relationship. legitimate child with intent to cause
TITLE TWELVE such child to lose its civil status.
CRIMES AGAINST TH CIVIL STATUS OF
PERSONS Q: What are the requisites?

Chapter One: A:
SIMULTATION OF BIRTHS AND 1. Child must be legitimate;
USURPATION OF CIVIL STATUS 2. Offender conceals or abandons
such child; and
SIMULATION OF BIRTHS, SUBSTITUTION 3. Offender has the intent to cause
OF ONE CHILD FOR ANOTHER, AND such child to lose its civil status.
CONCEALMENT OR ABANDONMENT OF
A LEGITIMATE CHILD Q: When does simulation of birth take
(Art. 347) place?

Art. 347. Simulation of births, A: Simulation of Birth takes place when

substitution of one child for another
and concealment or abandonment of
a legitimate child. — The simulation of
births and the substitution of one child
for another shall be punished by
prision mayor and a fine of not
exceeding 1,000 pesos.
The same penalties shall be imposed
upon any person who shall conceal or
abandon any legitimate child with
intent to cause such child to lose its
civil status.
Any physician or surgeon or public
officer who, in violation of the duties of
his profession or office, shall
cooperate in the execution of any of
the crimes mentioned in the two next
preceding paragraphs, shall suffer the
penalties therein prescribed and also
the penalty of temporary special
disqualification.
Q: What are the punishable acts?
A:
1. Simulation of births.
2. Substitution of one child for
another.
the woman pretends to be pregnant
when in fact she is not, and on the day
of the supposed delivery, takes the
child of another as her own.
Note: Simulation which is a crime is
that which alters the civil status of a
person.
Physician or surgeon or public officer
who cooperates in the execution of
the crime is also liable.
USURPATION OF CIVIL STATUS (Art. 348)
Art. 348. Usurpation of civil status. —
The penalty of prision mayor shall be
imposed upon any person who shall
usurp the civil status of another, should
he do so for the purpose of defrauding
the offended part or his heirs;
otherwise, the penalty of prision
correccional in its medium and
maximum periods shall be imposed.
Q: How is the crime committed?
A: Committed when a person
represents himself to be another and
assumes the filiation or the parental or
conjugal rights of such another
person.
Q: What does civil status include?
A: Civil Status includes one’s public
station or the nights, duties, capacities
and incapacities which determine a
person to a given class.
Note: There must be intent to enjoy the
rights arising from the civil status of
another.
Q: What would qualify this crime?
A: If the purpose is to defraud
offended parties and heirs.
Chapter Two:
ILLEGAL MARRIAGES
BIGAMY (Art. 349)
Art. 349. Bigamy. — The penalty of
prision mayor shall be imposed upon
any person who shall contract a
second or subsequent marriage
before the former marriage has been
legally dissolved, or before the absent
spouse has been declared
presumptively dead by means of a
judgment rendered in the proper
proceedings.
Q: What are the elements of bigamy?
A:
1. Offender has been legally
married;
2. Marriage has not been legally
dissolved or, in case his or her spouse
is absent, the absent spouse could not
yet be presumed dead according to
the New Civil Code;
3. He contracts a second or
subsequent marriage;
4. Second or subsequent marriage
has all the essential requisites for
validity.
Q: Is nullity of the first marriage is a
defense in bigamy charge?
A: No.
Note: Second marriage must have all
the essential requisites for validity.
Validity of second marriage is a
prejudicial question to liability for
bigamy.
Q: Is bigamy is a private crime?
A: No.
Note: A person convicted for bigamy
may still be prosecuted for
concubinage.
GR: A judicial declaration of nullity of
a previous marriage is necessary
before a subsequent one can be
legally contracted. One who enters
into a subsequent marriage without
first obtaining such judicial declaration
is guilty of bigamy. This principle
applies even if the earlier union is
characterized by statuses as “void”.
(Mercado vs. Tan G.R. No. 137110, 1
August 2000)
XPN: Where no marriage ceremony at
all was performed by a duly
authorized solemning officer. (Morigo
vs. People G.R. No. 145226 February
06, 2004)
Illustration:
In the instant case, no marriage
ceremony at all was performed by a
duly authorized solemnizing officer.
Petitioner and Lucia Barrete merely
sign a marriage contract on their own.
The mere private act of signing a
marriage contract bears no
semblance to a valid marriage and
thus, needs no judicial declaration of
nullity. Such act alone, without more,
cannot be deemed to constitute an
ostensibly valid marriage for which
petitioner might be held for bigamy
unless he first secures a judicial
declaration of nullity before he
contracts a subsequent marriage.
(Morigo V. People G.R. No. 145226
February 06, 2004)
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS (Art. 350)
Art. 350. Marriage contracted against
provisions of laws. — The penalty of
prision correccional in its medium and
maximum periods shall be imposed
upon any person who, without being
included in the provisions of the next
proceeding article, shall have not
been complied with or that the
marriage is in disregard of a legal
impediment.
If either of the contracting parties shall
obtain the consent of the other by
means of violence, intimidation or
fraud, he shall be punished by the
maximum period of the penalty
provided in the next preceding
paragraph.
Q: What are the elements of this
crime?
A:
1. Offender contracted marriage;
2. He knew at the time that –
a. The requirements of the law
were not complied with; or
b. The marriage was in disregard
of the legal impediment.
Q: What would qualify this crime?
A: If either of the contracting parties
obtains the consent of the other by
means of violence, intimidation or
fraud.
Note: Offender must not be guilty of
bigamy.
PREMATURE MARRIAGES (Art. 351)
Art. 351. Premature marriages. — Any
widow who shall marry within three
hundred and one day from the date of
the death of her husband, or before
having delivered if she shall have
been pregnant at the time of his
death, shall be punished by arresto
mayor and a fine not exceeding 500
pesos.
The same penalties shall be imposed
upon any woman whose marriage
shall have been annulled or dissolved,
if she shall marry before her delivery or
before the expiration of the period of
three hundred and one day after the
legal separation.
Q: Who are the persons liable?
A:
1. Widow who married within 301
days from the date of the death of her
husband, or before having delivered if
she is pregnant at the time of his
death.
2. Woman whose marriage having
been annulled or dissolved, married
before her delivery or before the
expiration of the period of 301 days
after the date of the legal separation.
Note: Period of 301 days may be
disregarded if the first husband was
impotent or sterile.
Period of 301 days, or 10 months, is
only for cases where the woman is
not, or does not know yet that she is
pregnant at the time she becomes a
widow. If she is pregnant at the time
she becomes a widow, the prohibition
is good only up to her delivery.
PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY (Art. 352)
Art. 352. Performance of illegal
marriage ceremony. — Priests or
ministers of any religious
denomination or sect, or civil
authorities who shall perform or
authorize any illegal marriage
ceremony shall be punished in
accordance with the provisions of the
Marriage Law.
Q: Who are the persons liable under
this article?
A: Art. 352 punishes priests or ministers
of any religious denomination or sect,
or civil authorities who shall perform or
authorize any illegal marriage
ceremony.
Note: Art. 352 presupposes that the
priest or minister or civil authority is
authorized to solemnize marriages. If
accused is not authorized to
solemnize marriage and he performs
an illegal marriage ceremony, he is
liable under Art. 177.
TITLE THIRTEEN
CRIMES AGAINST HONOR
Chapter One:
LIBEL
LIBEL (Art. 353)
Art. 353. Definition of libel. — A libel is
public and malicious imputation of a
crime, or of a vice or defect, real or
imaginary, or any act, omission,
condition, status, or circumstance
tending to cause the dishonor,
discredit, or contempt of a natural or
juridical person, or to blacken the
memory of one who is dead.
Q: What is libel?
A: Libel is a public and malicious
imputation of a crime, or of a vice or
defect real or imaginary, or any act,
omission, condition, status, or
circumstance tending to cause the
dishonour, discredit, or contempt of a
natural or juridical person, or to
blacken the memory of one who is
dead.
Q: How is libel committed?
A: Libel is a defamation committed by
means of writing, printing, lithography,
engraving, radio, phonograph,
painting or theatrical or
cinematographic exhibition or any
similar means.
 injure the reputation of the person
Note: No distinction between defamed.
calumny, insult and libel.
Noted: In libel cases, the question is
Q: Who are liable for libel? not what the victim means but what
the words used by him mean (Sazon
A: vs. Court of Appeals, 255 SCRA 692)
1. Any person who shall publish,
exhibit or cause the publication or Q: What are the two kinds of malice?
exhibition of any defamation in writing
or by similar means, and A:
2. The author or editor of a book or 1. “Malice in Fact” maybe shown
pamphlet, or the editor or business by proof of ill-will hatred, or purpose to
manager of a daily newspaper, injure.
magazine or serial publication, for 2. “Malice in Law” is presumed
defamation contained therein to the from a defamatory imputation.
same extent as if he were the author However presumption is rebutted if it is
thereof. shown by the accused that:
a. Defamatory imputation is true, in
Q: What are the elements of case the law allows proof of the truth
defamation? of the imputation;
b. It is published with good
A: intention; and
1. There must be an imputation of c. There is justifiable motive for
a crime, or of a vice or defect, real or making it.
imaginary, or any act, omission,
condition, status or circumstance; Q: When is malice not presumed?
2. Imputation must be made
publicly; A: Malice is not presumed in the
3. It must be malicious; following:
4. It must be directed at a natural 1. Private communication made
or juridical person, or one who is dead by any person to another in the
(identification of the offended party is performance of any legal, moral or
required); social, duty.
5. It must tend to cause the
dishonour, discredit or contempt of the Requisites:
person defamed. a. Person who made the
communication had a legal moral or
Q: What is malice? social duty to make the
communication or at least, he had an
A: “Malice” is a term used to indicate interest to be upheld;
the fact that the offender is prompted b. Communication is addressed to
by personal ill-will or spite and speaks an officer, or a board, or superior,
not in response to duty but merely to
having some interest or duty in the defamed. (U.S. vs. Urbinana, 1 Phil.
matter; 471)
c. Statements in the
communication are made in good Q: Rima and Alegre exposed various
faith without malice (in fact). alleged complaints from students,
2. Fair and true report, made in teachers and parents against Ago
good faith, without any comments or Medical and Educational Center-Bicol
remarks, of any judicial, legislative, or Christian College of Medicine
other official proceedings which are (“AMEC”) and its administrators. Rima
not of confidential nature, or of any and Alegre remarked that “AMEC is a
statement, report, or speech delivered dumping ground, garbage of xxx
in the exercise of their functions. moral and physical misfits”; and AMEC
students who graduate “will be
Q: In what way may libel be liabilities rather than assets” of the
committed? society. Claiming that the broadcasts
were defamatory, AMEC filed a
A: Libel may be committed by: complaint for damages against FBNI,
1. Writing; Rima and Alegre. Are the
2. Printing; aforementioned remarks or
3. Lithography; broadcasts libellous?
4. Engraving;
5. Radio; A: There is no question that the
6. Phonograph; broadcasts were made public and
7. Painting; imputed to AMEC defects or
8. Theatrical exhibition; circumstances tending to cause it
9. Cinematographic exhibition; or dishonour, discredit and contempt.
10. Any similar means. Rima and Alegre’s remarks are
libellous per se. Taken as a whole, the
Q: Must there be a publication of the broadcasts suggest that AMEC is a
libellous article? money-making institution where
physically and morally unfit teachers
A: Yes, there must be some abound.
communication of the defamatory
matter to some 3rd persons. Every defamatory imputation is
presumed malicious. Rima and Alegre
Illustration: failed to show adequately their good
The delivery of the article to the intention and justifiable motive in
typesetter is sufficient publication. (U.S. airing the supposed gripes of the
vs. Crame, 10 Phil. 135) students. As hosts of a documentary or
public affairs program, Rima and
The sending to the wife of a letter Alegre should have presented the
which maligns the husband was public issues “free from inaccurate
considered sufficient publication, for and misleading information”. (Filipinas
the spouse is a third to the person Broadcasting Network, Inc. vs. Ago
Medical and Educational Center-Bicol
Christian College of Medicine and
Angelita F. Ago, G.R. No. 141994.
January 17, 2005)
Q: Dolores Magno was charged and
convicted of libel for the writings on
the wall and for the unsigned letter
addressed to the Alejandro spouses,
containing invectives directed against
Cerelito Alejandro. Dolores contends
that the prosecution failed to establish
the presence of the elements of
authorship and publication of the
malicious writings on the wall, as well
as the unsigned letter addressed to
the Alejandro spouses. She argues
that since the letter was addressed to
the spouses, Fe (Cerelito’s wife) was,
insofar as Cerelito is concerned, not a
third person for purposes of
publication. Is she liable?
A: To be liable for libel under Article
353 of the RPC, the following elements
must be shown to exist:
a. The allegation of a discreditable
act or condition concerning another;
b. Publication of the charge;
c. Identity of the person defamed;
and
d. Existence of malice.
Publication, in the law of libel, means
the making of the defamatory matter,
after it has been written, known to
someone other than the person to
whom it has been written. If the
statement is sent straight to a person
for whom it is written there is no
publication of it. The reason for this is
that “a communication of the
defamatory matter to the person
defamed cannot injure his reputation
though it may wound his self-esteem.
A man’s reputation is not the good
opinion he has of himself, but the
estimation in which others hold him.”
In this case, there is no dispute that the
unsealed envelope containing the
libelous letter was handed by Dolores
to Evelyn (Cerelito’s sister).
Contextually, there was a reasonable
probability that the contents thereof,
particularly the libellous letter, could
have been exposed to be read by
Evelyn before delivering the same to
Cerelito. However, Evelyn
categorically admitted not reading
the letter at the first instance, reading it
only after securing Cerelito’s
permission. Inasmuch, therefore, as
Cerelito voluntarily disclosed the
contents of Dolores libellous letter to
Evelyn, the act of publication cannot
be ascribed to Dolores insofar as
Evelyn is concerned.
It could not be said, however, that
there was no publication with respect
to Fe. While the letter in question was
addressed to “ Mr. Cerelito & Fe
Alejandro,” the invectives contained
therein were directed against Cerelito
only. Writing to a person other than the
person defamed is sufficient to
constitute publication, for the person
to whom the letter is addressed is a
third person in relation to its writer and
the person defamed therein. Fe, the
wife, is contextually a third person to
whom the publication was made.
(Dolores Magno V. People of the
Philippines, Gr. No. 133896, 27 January
2006).
Q: A was nominated Secretary of a
Department in the Executive Branch of
the government. His nomination was
thereafter submitted to the
Commission on Appointments for
confirmation. While the Commission
was considering the nomination a
group of concerned citizens caused to
be published in the newspaper a full-
page statement objecting to A’s
appointment. They alleged that A was
a drug dependent, which he had
several mistresses, and that he was
corrupt, having accepted bribes or
favors from parties transacting
business in his previous office, and
therefore he was unfit positives to
which he had been nominated. How
will you decide the case?
A: I will acquit the concerned citizens
and the newspapers involved, from
the crime of libel, because obviously
they made the denunciation out of a
moral or social duty and thus there is
absence of malice. Since A was a
candidate for a very important public
position of a Department Secretary, his
moral, mental and physical fitness for
the public trust in such position
becomes a public concern as the
interest of the public is at stake. It is
pursuant to such concern that the
denunciation was made; hence,
bereft of malice. (2002 Bar Question)
Q: What is the common defense in
libel?
A: That it is covered by privileged
communication.
1. Absolute Privileged - not
actionable even if the author has
acted in bad faith like the statements
made by members of Congress in the
discharge of their official functions;
2. Conditional or Qualified – like a
private communication made by any
person to another in the performance
of any legal, moral, or social duty, and
a fair and true report, made in good
faith, without any comments or
remarks, of any judicial, legislative or
other official proceedings which are
not of confidential nature. Here, even
if the statements are defamatory,
there is no presumption of malice. The
prosecution must prove malice in fact
to convict the accused.
Q: Do defamatory remarks and
comments on the conduct or acts of
public officers which are related to the
discharge of their official duties
constitute libel?
A: No, it will not constitute libel if the
accused proves the truth of the
imputation. But any attack upon the
private character of the public officers
on matters which are not related to
the discharge of their official functions
may constitute Libel.
Moreover, a written letter containing
libellous matter cannot be classified
as privileged when publicly published
and circulated. (Sazon vs. Court of
Appeals, 255 SCRA 692)
THREATENING TO PUBLISH AND OFFER
TO PREVENT SUCH PUBLICATION FOR
COMPENSATION (Art. 356)
Art. 356. Threatening to publish and
offer to present such publication for a
compensation. — The penalty of
arresto mayor or a fine from 200 to
2,000 pesos, or both, shall be imposed 3. Editor or business manager of a
upon any person who threatens daily newspaper magazine or serial
another to publish a libel concerning publication.
him or the parents, spouse, child, or 4. Owner of the printing plant
other members of the family of the which publishes a libellous article with
latter or upon anyone who shall offer his consent and all other persons who
to prevent the publication of such libel in any way participate in or have
for a compensation or money connection with its publication.
consideration. Q: Where should a complaint for libel
Q: What are the punishable acts? is filed?
A:
1. Threatening another to publish a A: Criminal and civil actions for
libel concerning him, or his parents, damages in case of written
spouse, child, or other members of his defamations shall be filed
family. simultaneously or separately with the
2. Offering to prevent the court of first instance of the province
publication of such libel for or city:
compensation, or money 1. Where the libellous article is
consideration. printed and first published; or
Known as blackmail – in its 2. Where any of the offended
metaphorical sense, may be defined parties actually resides at the time of
as any unlawful extortion of money by the commission of the offense.
threats of accusation or exposure. Note: The court where the criminal
action or civil action for damages is
Q: In what felonies blackmail may be first filed shall require jurisdiction to the
committed? exclusion of other courts.

A: Offended party must file complaint for

1. Light threats defamation imputing a crime which
2. Threatening to publish, or cannot be prosecuted de oficio.
offering to prevent the publication of,
a libel for compensation. PROOF OF TRUTH (Art. 361)

Q: Who are the persons liable for libel? Art. 361. Proof of the truth. — In every
criminal prosecution for libel, the truth
A: may be given in evidence to the court
1. Person, who publishes, exhibits and if it appears that the matter
or causes the publication or exhibition charged as libelous is true, and,
of any defamation in writing or similar moreover, that it was published with
means. good motives and for justifiable ends,
2. Author or editor of a book or the defendants shall be acquitted.
pamphlet. Proof of the truth of an imputation of
an act or omission not constituting a
crime shall not be admitted, unless the
imputation shall have been made
against Government employees with
respect to facts related to the
discharge of their official duties.
In such cases if the defendant proves
the truth of the imputation made by
him, he shall be acquitted.
Q: When is proof of truth admissible?
A: Proof of truth is admissible in any of
the following:
1. When the act or omission
imputed constitutes a crime
regardless of whether the offended
party is a private individual or a public
officer.
2. When the offended party is a
government employee, even if the act
or omission imputed does not
constitute a crime, provided, it is
related to the discharge of his official
duties.
Note: Proof of truth must rest upon
positive direct evidence upon which a
definite finding may be made by the
court. But probable cause for belief in
the truth of the statement is sufficient.
Q: Is Proof of Truth enough?
A: No. It is also required that the
matter charged as libellous was
published with good motives and for
justifiable ends.
Q: What are the possible defences in
the crime of libel?
A: The following are possible defences
in the crime of libel:
1. It appears that the matters
charged as libellous is true;
2. It was published with good
motives;
3. And for a justifiable end.
LIBELOUS REMARKS (Art. 362)
Art. 362. Libelous remarks. — Libelous
remarks or comments connected with
the matter privileged under the
provisions of Article 354, if made with
malice, shall not exempt the author
thereof nor the editor or managing
editor of a newspaper from criminal
liability.
Libellous remarks or comments on
matters privileged, if made with
malice in fact, do not exempt the
author and editor.
PROHIBITED PUBLICATION OF ACTS
REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS (Art. 357)
Art. 357. Prohibited publication of acts
referred to in the course of official
proceedings. — The penalty of arresto
mayor or a fine of from 20 to 2,000
pesos, or both, shall be imposed upon
any reporter, editor or manager or a
newspaper, daily or magazine, who
shall publish facts connected with the
private life of another and offensive to
the honor, virtue and reputation of
said person, even though said
publication be made in connection
with or under the pretext that it is
necessary in the narration of any
judicial or administrative proceedings
wherein such facts have been
mentioned.
Q: What are the elements of this
crime?
A:
1. Offender is a reporter, editor or
manager of a newspaper daily or
magazine.
2. He publishes facts connected
with the private life of another.
3. Such facts are offensive to the
honor, virtue and reputation of said
person.
Note: Prohibition applies even though
said publication be made in
connection with or under the pretext
that it is necessary in the narration of
any judicial or administrative
proceedings wherein such facts have
been mentioned.
Q: What is the so called Gag Law?
A: Newspaper reports on cases
pertaining to adultery, divorce, issues
about the legitimacy of children, etc.,
will necessary be barred from
publication. Source of news report
may not be revealed.
SLANDER (Oral Defamation) (Art. 358)
Art. 358. Slander. — Oral defamation
shall be punished by arresto mayor in
its maximum period to prision
correccional in its minimum period if it
is of a serious and insulting nature;
otherwise the penalty shall be arresto
menor or a fine not exceeding 200
pesos.
Q: What are the Kinds of Oral
Defamation?
A:
1. Simple slander,
2. Grave slander, when it is of a
serious and insulting nature.
Q: What are the distinctions between
oral defamation and criminal
conversation?
A:
Oral Defamation Criminal
Conversation
Malicious imputation of any act,
omission, condition or circumstance
against a person, done orally in
public, tending to cause dishonour,
discredit, contempt and
embarrassment or ridicule to the latter.
Used in making a polite
reference to sexual intercourse as in
certain crimes, like rape, seduction
and adultery.
A crime against honor penalized in
Art. 358, RPC. Has no definite
concept as a crime.
Q: What are the factors that determine
the gravity of oral defamation?
A:
1. Expressions used;
2. Personal relations of the
accused and the offended party;
3. Circumstances surrounding the
case.
Note: Social standing and the position
of the offended party are also taken
into account.
Slander need not be heard by heard
by the offended party
Q: Lando and Marco are candidates
in the local elections. In his speeches
Lando attacked his opponent Marco
alleging that he is the son of Nanding,
a robber and a thief who amassed his
wealth through shady deals. May
Marco file a case against Lando for
grave oral defamation? State your
reasons.
A: Marco cannot file a case for grave
oral defamation if at all he may file a
case for light slander. In the case of
People v. Laroga (40 O.G. 123) it was
held that defamation in political
meeting when feelings are running
high and people could not think
clearly, only amount to light slander
(1990 Bar Question).
SLANDER BY DEED (Art. 359)
Art. 359. Slander by deed. — The
penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period or
a fine ranging from 200 to 1,000 pesos
shall be imposed upon any person
who shall perform any act not
included and punished in this title,
which shall cast dishonor, discredit or
contempt upon another person. If said
act is not of a serious nature, the
penalty shall be arresto menor or a
fine not exceeding 200 pesos
Q: What is slander by deed?
A: Slander by deed is a crime against
honor which Is committed by
performing any act which casts
dishonour, discredit, or contempt upon
another person.
Q: What are the elements of slander
by deed?
A:
1. Offender performs any act not
included in any other crime against
honor;
2. Such act is performed in the
presence of other person or persons;
3. Such act casts dishonour,
discredit or contempt upon the
offended party.
Q: What are the kinds of slander by
deed?
A:
1. Simple slander by deed –
performance of an act, not use of
words.
2. Grave slander by deed, that is,
which is of a serious crime.
Q: What determines if an act is slander
by deed or not?
A: Whether a certain slanderous act
constitutes slander by deed of a
serious nature or not, depends on the
social standing of the offended party,
the circumstances under which the
act was committed, the occasion, etc.
Illustration:
Thus, slapping a lady in a dance not
for purpose of hurting her but to cause
her shame and humiliation for refusing
to dance with the accused is slander
by deed.
Chapter Two:
INCRIMINATORY MACHINATIONS
INCRIMINATING INNOCENT PERSON
(Art. 363)
Art. 363. Incriminating innocent
person. — Any person who, by any
act not constituting perjury, shall
directly incriminate or impute to an
innocent person the commission of a
crime, shall be punished by arresto
menor.
Q: What are the elements of this
crime?
A:
1. Offender performs an act:
2. By such act he directly
incriminates or imputes to an innocent
person the commission of a crime;
3. Such act does not constitute
perjury.
Note: The crime of incriminatory
machinations is limited to planting
evidence and the like, which tend
directly to cause false prosecution.
Q: What are the distinctions between
incriminating an innocent person and
perjury by making false accusation?
A:
Incriminating an innocent Person
Perjury by Making False
Accusation
Committed by performing an act by
which the offender directly
incriminates or imputes to an innocent
person the commission of a crime.
The gravamen of the offense is
the imputation itself, falsely made,
before an officer.
Limited to the act of planting evidence
and the like, in order to incriminate an
innocent person. Giving of false
statement under oath or the making of
a false affidavit, imputing to a person
the commission of a crime.
Q: What are the distinctions between
Incriminatory Machination and
Defamation?
A:
Incriminatory Machination
Defamation
Offender performs acts to directly
impute to an innocent person the
commission of the crime Offender
avails himself of written or spoken
words in besmirching the victim’s
reputation.
INTRIGUING AGAINST HONOR (Art.
364)
Art. 364. Intriguing against honor. —
The penalty of arresto menor or fine
not exceeding 200 pesos shall be
imposed for any intrigue which has for
its principal purpose to blemish the
honor or reputation of a person.
Q: What is intriguing against honor?
A: Any scheme or plot by means
which consist of some trickery.
Q: Who is liable?
A: Committed by any person who shall
make any intrigue this has for its
principal purpose to blemish the honor
or reputation of another person.
Q: What is the distinction between
intriguing against honor and slander?
A:
Intriguing against Honor Slander
The source of the defamatory
utterance is unknown and the offender
simply repeats or passes the same,
without subscribing to the truth thereof.
Offender made the utterance,
where the source of the defamatory
nature of the utterance is known, and
offender makes a republication
thereof, even though he repeats the
libellous statement as coming from
another, as long as the source is
identified.
TITLE FOURTEEN
QUASI-OFFENSES
Sole Chapter:
CRIMINAL NEGLIGENCE
IMPRUDENCE AND NEGLIGENCE (Art.
365)
Art. 365. Imprudence and negligence.
— Any person who, by reckless
imprudence, shall commit any act
which, had it been intentional, would
constitute a grave felony, shall suffer
the penalty of arresto mayor in its
maximum period to prision
correccional in its medium period; if it
would have constituted a less grave
felony, the penalty of arresto mayor in
its minimum and medium periods shall
be imposed; if it would have
constituted a light felony, the penalty
of arresto menor in its maximum
period shall be imposed.
Any person who, by simple
imprudence or negligence, shall
commit an act which would otherwise
constitute a grave felony, shall suffer
the penalty of arresto mayor in its
medium and maximum periods; if it
would have constituted a less serious
felony, the penalty of arresto mayor in
its minimum period shall be imposed.
When the execution of the act
covered by this article shall have only
resulted in damage to the property of
another, the offender shall be
punished by a fine ranging from an
amount equal to the value of said
damages to three times such value,
but which shall in no case be less than
twenty-five pesos.
A fine not exceeding two hundred
pesos and censure shall be imposed
upon any person who, by simple
imprudence or negligence, shall
cause some wrong which, if done
maliciously, would have constituted a
light felony.
In the imposition of these penalties,
the court shall exercise their sound
discretion, without regard to the rules
prescribed in Article sixty-four.
The provisions contained in this article
shall not be applicable:
1. When the penalty provided for the
offense is equal to or lower than those
provided in the first two paragraphs of
this article, in which case the court
shall impose the penalty next lower in
degree than that which should be
imposed in the period which they may
deem proper to apply.
2. When, by imprudence or
negligence and with violation of the
Automobile Law, to death of a person
shall be caused, in which case the
defendant shall be punished by prision
correccional in its medium and
maximum periods.
Reckless imprudence consists in
voluntary, but without malice, doing or
falling to do an act from which
material damage results by reason of
inexcusable lack of precaution on the
part of the person performing of failing
to perform such act, taking into
consideration his employment or
occupation, degree of intelligence,
physical condition and other
circumstances regarding persons,
time and place.
Simple imprudence consists in the
lack of precaution displayed in those
cases in which the damage
impending to be caused is not
immediate nor the danger clearly
manifest.
The penalty next higher in degree to
those provided for in this article shall
be imposed upon the offender who
fails to lend on the spot to the injured
parties such help as may be in this
hand to give. (As amended by R.A.
1790, approved June 21, 1957).
Q: What are the punishable acts?
A:
1. Committing through reckless
imprudence any act which, had it
been intentional, would constitute
grave or less grave felony or light
felony.
2. Committing through simple
imprudence or negligence an act
which would otherwise constitute a
grave or a less serious felony.
3. Causing damage to the
property of another through reckless
imprudence or simple imprudence or
negligence.
4. Causing through simple
imprudence or negligence some
wrong which, if done maliciously,
would have constituted a light felony.
Note: Imprudence or negligence is not
a crime itself; it is simply a way of
committing a crime.
Q: What is imprudence?
A: It indicates a deficiency of action;
failure in precaution.
Q: What is negligence?
A: It indicates a deficiency of
perception; failure in advertence.
RECKLESS IMPRUDENCE 3. Desires to summon a physician
Q: What are the elements of reckless or a nurse for medical assistance to
imprudence? the injured.
A: Q: What is the doctrine of last clear
1. Offender does or fails to so an chance?
act; A: The last clear chance doctrine
2. The doing of or the failure to do states that the contributory negligence
that act is voluntary; of the party injured will not defeat the
3. It be without malice; action if it be shown that the accused
4. Material damage results; might, by the exercise of reasonable
5. There is an inexcusable lack of care and prudence, have avoided the
precaution on the part of the person consequences of the negligence of
performing or failing to perform such the injured party.
act taken into consideration; Q: What is “emergency rule”?
a. Employment or occupation, A: The Emergency Rule provides that
b. Degree of intelligence, an automobile driver who, by the
c. Physical condition, and negligence of another and not by his
d. Other circumstances regarding own negligence, is suddenly placed in
persons, time and place. an emergency and compelled to act
SIMPLE IMPRUDENCE instantly to avoid a collision or injury is
Q: What are the elements of simple not guilty of negligence if he makes
imprudence? such a choice which a person of
A: ordinary prudence placed in such a
1. There is lack of precaution on position might make even though he
the part of the offender; did not make the wisest choice.
2. Damage impending to be
caused is not immediate nor the
danger clearly manifested.
Note: Art. 64, relative to mitigating and
aggravating circumstances, is not
applicable to crimes committed
through negligence.
Failing to lend help is a qualifying
circumstance; it raises the penalty one
degree higher.
Q: What is the exception?
A: Sec. 55 of RA 4136, the driver can
leave his vehicle without aiding the
victims if he:
1. Is in imminent danger of being
harmed,
2. Wants to report to the nearest
officer of the law, or
REVIEWER ON CRIMINAL EVIDENCE
RULES ON EVIDENCE - Rules 128 –
134, Rules of Court
RULE 128
EVIDENCE DEFINED – the means
sanctioned by the Rules of Court of
ascertaining in a judicial proceeding,
the truth respecting a matter of fact.
☺EVIDENCE
DISTINGUISHED FROM
PROOF - Evidence is the means to
ascertain the truth; proof is the end
sought, i.e., the establishment of the
fact, or the conviction or satisfaction,
that indeed the fact exists.
☺FACTUM PROBANS DISTINGUISHED
FROM FACTUM PROBANDUM
Factum probans, is the
evidentiary fact (the evidence); while
factum probandum is the ultimate
fact to be established.
CLASSIFICATION OF EVIDENCE
a. Relevant- that which has some
connection or relation to what is
sought to be proved; that which
has a tendency to prove disprove,
the matter in dispute.
b. Material- that which aside from
being relevant affects an issue in
important or substantial law.
c. Competent or admissible
evidence- that which is allowed to
introduced, since it is not excluded
by any rule of pleadings, evidence,
or substantive law.
d. Direct evidence – that which
proves the disputed fact which
resort inferences or presumptions.
e. Circumstantial (evidence) – that
which proves the disputed fact the
circumstances surrounding a FROM
particular situation.
f. Cumulative- additional evidence
of the same kind tending to prove
the same kind tending to prove the
same fact.
g. Corroborative – additional
evidence of a different kind
tending to prove the same fact.
h. Positive – that given by a witness
who AFFIRMS that a fact did or did
not occur.
i. Negative – that given by a witness
who states that he does not know
whether a fact did or did not
occur.
j. Testimonial – oral testimony given in
open court.
k. Documentary evidence – that
given through written instrumental
papers/documents.
l. Real evidence – those addressed
to the senses of the court.
m. Prima facie – evidence which is
sufficient to prove an issue unless
overcome or rebutted by other
evidences.
n. Conclusive – that which cannot be
rebutted pr overcome.
o. Primary or best evidence – that
which results in the greatest
certainty of the fact in question.
p. Secondary evidence – that which
indicates, by its name, that a
better kind of evidence exists.
q. Expert evidence – that given by a
person or specialized knowledge in
some particular field.
SCOPE OF THE RULES ON EVIDENCE -
the same in all courts and in all trial
and hearings, except as otherwise
provided by law or the rules.
☺ADMISSIBILITY DISTINGUISHED
WEIGHT/CREDIBILITY OF
EVIDENCE
 Admissibility is a question of
relevancy, materiality and
competence; credibility refers to
importance or significance attached
to the evidence by the court itself.
EVIDENCES WHICH ARE INADMISSIBLE
UNDER THE CONSTITUTION:
1. Those obtained in violation of
the right of the people to be secured
in their persons, houses, papers, and
effects. (Sec. 2, bill of Right’s)
2. Those obtained in violation of
the privacy of communications and
correspondences. (Sec. 3, Bill of
Right’s)
3. Those obtained thru torture,
force, violence, threat intimidation, or
any other means which initiate the
free will. (Sec. 12, Bill of Right’s)
4. Those obtained by
compelling a person to be witness
against himself. (Sec. 17, Bill of Right’s)
☺WHEN IS EVIDENCE ADMISSIBLE?
1. When it is relevant to the issue.
2. When it is competent, i.e., it is not
excluded by the law or the Rules of
Court.
RULE 129
JUDICIAL NOTICE - The cognizance of
certain facts which judges may
properly take and act which proof
because they already know them.
JUDICIAL ADMISSIONS – consist
statements made by parties in the
course of judicial proceedings. They
include admissions in pleadings, or in
the course of a trial or other
proceedings.
A judicial admission is
conclusive upon the party making it,
including the state in a criminal
prosecution, and may constitute the
basis of a verdict, whether made in
writing or orally by counsel.
A plea of guilty, besides being a
mitigating circumstance, is a judicial
confessions of guilt, an admission of all
material facts alleged in the
information. (People vs. Legarto 196
SCRA 611).
RULE 130
A. Real Evidence - consists of tangible
things submitted for inspection which
enables the court by the
direct use of its senses to perceive
facts about this evidence. (Wigmore
on Evidence)
SCOPE OF REAL EVIDENCE- includes
objects brought into court and
exhibited to the court, such as the
instruments and devices used in the
commission of a crime, the exhibition
of the person as well as objects, the
use of maps, plots, and diagrams
concerning some facts in issue, the
use of photographs, moving pictures
and x-ray pictures, and the
conducting of experiments and tests
either in or out of court. It further
includes the examination of party in a
suit physically or mentally, and the
view of the court of premises or
property concerning which a
controversy exists.
B. Documentary Evidence – is that
furnished by written instruments,
inscriptions, and documents of all
kinds. It includes every form of writing,
and applies to both public and
private documents.
1. Best Evidence Rule
Best or primary evidence
– that which affords the greatest of
the facts in question, and in itself, does
not indicate the existence of other
and better proof.
In requiring the
production of the best evidence shall
be long as the original evidence shall
be received which merely
substantitutionary in its nature, as long
as the original evidence can be had.
(Government of the P.I vs. Martinez, 44
Phil. 817).
The non-production of the
original document, unless justified
under the exceptions in Section 3 of
this rule, gives rise to the presumption
of suppression of evidence (Section 3
(e), Rule 131)
The best evidence rule
applies only when the CONTENTS of
such document is the subject of
inquiry. Where the issue is only as to
whether such a document was
actually executed, or exists, or the
circumstances relevant to or
surroundings its execution, the best
evidence rule does not apply and
testimonial evidence is admissible and
any other substantitutionary evidence
is likewise admissible without need
of accounting for the original (Martin
78; Compendium on Evidence by
Regulado, p. 445).
In a prosecution for libel
published in a newspaper, a copy of
said newspaper must be produced
(Fiscal of Pampanga vs. Reyes,
55 Phil. 905).
In case of falsification of
document, the document alleged to
have been simulated, counterfeited,
or falsified, is the best evidence. In the
absence of the original document, it is
improper to conclude, with only
copy of the original in view, that here
has been falsification of a document
which neither found nor exhibited
because even the existence of said
original may be doubted. (U.S. vs.
Gregorio, 17 Phil. 552).
Affidavits and depositions are
considered as not being the best
evidence, hence not admissible if the
affiants or deponents are available as
witness. (Martin 82).
What constitutes “Original”?
Section 4 of Rule 130 provides what
constitutes the original of a document
as follows;
a. The original document is one
of the contents of which are the
subjects of inquiry.
b. When a document is in two or
more copies executed at or about the
same time, with identical contents,
all such copies are equally regarded
as original.
c. When an entry is repeated in
the regular course of business one
being copied from another at or near
the time of the transaction, all the
entries are likewise equally regarded
as originals.
A signed carton copy or
duplicate of a document executed at
the same time as the original is
known as a duplicate original and
may be introduced in evidence
without accounting for the non-
production of the original. (Vallarta vs.
CA, 163 SCRA 587; 17 SCRA 482).
EXCEPTIONS TO THE BEST EVIDENCE
RULE:
a. When the original had been lost or
destroyed, or cannot be produced
in court without bade faith on the
part of the offeror.In order that a
party may be allowed to produced
secondary evidence because of
 the loss of the original document, it
must be shown that the proponent
has exercised reasonable diligence
and good faith in his search for the
writing, it will permit the
introduction in evidence of
secondary proof of its content. (4
Martin 91).
b. When the original is in the custody
or under the control of the party
against whom the evidence is
offered, and the latter fails to
produce it after reasonable notice.
The proponent must show that he
has done all in his power to secure
the best evidence by giving his
adversary timely notice to produce
it.
c. When the original consists of
numerous accounts or other
documents which cannot be
examined in court which great loss
of time and the fact sought to be
established from them is the
general result of the whole.
For this exception to apply:
(A) the voluminous character of the
records must be established; and
(B)Such records must be accessible to
the adverse party so that their
correctness may be tested on cross-
examination.
(CIA Maritima vs. Allied Free Workers
Union et. al., L-28999, May 2, 1977).
d. When the original is a public record
in the custody of a public officer or
is recorded in a public office. These
documents are those which the
public has the right to inspect and
which cannot, without
inconvenience to the public
interest be removed from their
place of custody. Proof of these
documents may be made by duly
authenticated copy of the original
document or record.
2. Secondary Evidence - is that which
shows that better, primary evidence
existed as the proof of the fact in
question.
For secondary evidence to be
admissible the following requisites
must be proved bysatisfactory
evidence;
a.) The execution or existence of the
original;
b.)The loss and destruction of the
original or its non-production in
court
c.) Unavailability of the original or not
due to bad faith on the part of
the offeror.
The due execution of the document
should be proved through the
testimony of either:
1.) The persons who executed it;
2.)The persons before whom its
execution was acknowledged;
or
3.) Any persons who was present and
saw it executed and delivered
or who thereafter saw it and
recognized the signatures, or
one to whom the parties thereto
had previously confessed the
execution thereof. (Director of
Lands, et.al. vs. CA, L-29575,
April30, 1971).
Secondary Evidence may consist of:
1.) A copy of said documents;
2.) A recital of its contests in an
authentic documents; or
3.) Recollection of witnesses
“Authentic “document merely means
that the document should be
genuine, it need not be a public
 document. (Limjoco, et al vs.
Director of Land, 53 Phil.664)
Requisites for admissibility of
secondary evidence when the original
is in the custody or controlof the
adverse party:
A. satisfactory proof of its existence;
B. control or custody by the adverse
party of the original document
C. reasonable notice was given to the
adverse party to produce it;
D. adverse party fails or refuses to
produce it. (Section 6, Rule 130)
☺When
the contents of a public
recordis at issue, it may be proved by
acertified copy, issued by the public
officer in custody thereof.
“To certify” is to affirm or to assert in
writing the correctness or identity of
the designated instrument.
3. Parole Evidence Rule - Parole
evidence forbid any addition to
or contradiction of the terms of
a written instrument by
testimonypurporting to show
that, at or before the signing of
the document, other or different
terms were orally agreedupon
by the parties. (Evidence by R.J.
Francisco, 1993 Ed. p. 84)
Distinguish Between PAROLE EVIDENCE
and BEST EVIDENCE.
1) The parole evidence precludes or
prohibits varying the terms of
writing, while the best evidence
rule prohibits the terms of
writing, while the best evidence
rule prohibits the introduction of
inferior where better evidence is
available.
2) The parole evidence is a rule of
substantive law (materiality)
rather than of evidence; on the
other hand, the best evidence
goes into the form in which
evidence of a document is
introduced to the court.
3) With the exception of wills, the
parole evidence rules applies
only to documents which are
contractual in nature (written
agreements), while the best
evidence applies to all kinds of
writings.
4) The patrol evidence rule can only
be invoked when the
controversy is between the
parties to the written agreement
and their successor in interest,
whereas the best evidence rule
can be invoked by any party to
an action whether or not he has
participated in the writing
involved. (Martin 98;
Compendium on Evidence by
Regulado, p. 453). In order than
parole evidence may be
admissible, the mistake or
imperfection of the document
or its failure to express the true
intent and agreement of the
parties, or the validity of the
agreement must be put in issue
by the pleadings (PNR vs. CFI of
Albay, L-46943, June 8, 1978).
EXCEPTIONS TO THE PAROLE EVIDENCE
RULE
The rule enumerates specific cases
where the parole evidence is
admissible to prove the terms of the
agreement, to wit:
a) An intrinsic ambiguity, mistake or
imperfection in the written
agreement;
b) The failure of the written
agreement to express the true
 intent and agreement of the
parties thereto;
c) The validity of the written
agreement; or
d) The existence of other terms
agreed to by the parties or their
successor in interest after the
execution of the written
agreement.
C. TESTIMONIAL EVIDENCE
“Witness” has reference to a person
who testifies in a case or gives
evidence before the judicial tribunal.
(53 Am. Jur. 24).
“Competency of witness” is meant the
legal fitness or ability of a witness to be
heard on the trial of a cause.
Witnesses are qualified to testify if:
A. They are capable of perceiving;
B. Can make their perception known
to others
☺Unless otherwise provided by law,
the following ground shall not
constitute disqualification from being
a witness:
1. Religious beliefs
2. Political beliefs
3. Interest in the outcome of the case
4. Conviction of a crime
The qualifications of the witness
must exist at the time he is produced
for examination in court (1.e., at the
time of testifying) or at the taking if his
deposition. With the regards to
children of tender age, their
competence at the time of the
occurrence of the event to be
testified to should also be taken into
account.
Unless provided by law, a
person convicted of a crime is not
disqualified but he must answer to the
fact of a previous final conviction
(Sec. 3 (5), Rule 132) or such fact may
be shown by his examination or the
record of the judgment (Sec. 11, Rule
132)
Deaf-mutes are accepted as
competent witnesses provided they
have a system of communication, can
comprehend the facts they are going
to testify to, and appreciate the
sanctity of an oath. (People vs.
Hayag, L-38635. Nov 17, 1980).
The failure to object to the
competency of a witness is
tantamount to a waiver and once the
evidence is admitted the same shall
stay in the records and be judge
according to its merits (marella vs.
Reyes, 12 Phil 1)
Insanity or intellectual weakness
of a witness is not a valid objection to
his competency if, at the time he is
testifying, he has mental capacity to
distinguished between right and
wrong, so far as the facts and his
testimony are involved understands
the nature of an oath, and can
narrate the matters to which he will
testify. (Underhill’s Criminal Evidence,
5th Ed., Vol. 1, p.611)
Children are competent to testify if:
1. They understand the obligation
of an oath;
2. Have sufficient knowledge to
receive just impressions as to
the facts on which they will
testify
3. They can relate those facts truly
to the court at the time they
are offered as witnesses.
☺Disqualification by reason of
marriage
 This otherwise known as the
Marital Disqualification Rule. This is
different from privileged marital
communications under Sec. 24 (a)
Rule 130.
Requisites before marital
disqualifications will apply:
1. The spouses must be legally
married
2. Either spouse must be a party to
the case
Exceptions to the Marital
disqualification rule:
1. When the case is a civil case
filed by one spouse against the
other;
2. In a criminal case for crime
committed by one against the
other or the latter’s direct
descendants or ascendants
Distinction between Marital
Disqualification Rule and Privileged
Marital Communication
Marital Disqualification Privileges
Marital Rule Communication
1. Matters Covered/ any adverse
testimony knowledge obtained
through Prohibited regardless of
source confidence of the
relations
2. When the rule exists/ exists when a
party to exists whether the
husband or wife is parties to the
action. The action is the a party
to the action or not Husband or
wife
3. Duration of the during the
marriage; during or after the
marriage,
Disqualification/ceases upon the
continues even after the termination
Privilege death either spouse of the
marriage ties
☺The marital disqualification rule
applies where the marriage between
the parties is merely voidable. (58 Am.
Jur-139)
Disqualification by reason of death or
insanity:
This action refers to the so-
called Survivorship Disqualification
Rule or Dean man Statute. In order
that a witness may be disqualified
under this rule, the following requisites
must concur:
a) The witness is a “party” or “assignor
of a party” to a case or is a person
in who behalf a case is prosecuted.
b) The action is against an exactor or
administrator or other
representative of a deceased
person or against a person of
unsound mind.
c) The subject matter of the action is
a claim against the estate of a
deceased person or a person of
unsound mind.
d) The testimony must refer to any
matter of fact which occurred
before the death of the deceased
or before the person became
insane.
The incompetence applies
whether the deceased died before or
after the commencement of the
action against him, if at the time the
testimony was given he was dead and
cannot disprove it, since the reason
for the prohibition, which is to
discourage praying, exists, in both
instances. (Babao et. al. vs. Perez, 102
Phil. 756)
Disqualification by reason for
privileged communication
Privileged communications are
matters which are learned in
confidence. This rule does not affect
the general competency of any
witness, but merely renders him
incompetent to testify on certain
particular matters.
The privileges as to confidential
communications may be invoked only
by the person protected and if no
objection is made on its disclosure, the
same is deemed waived.
Requisites of the rule on privileged
marital communications:
1. Existence of attorney-client
relation;
2. The communication is made in the
course of professional employment;
3. The client did not consent to the
attorney’s testifying thereon; or if it
is the attorney’s secretary,
stenographer or clerk that is sought
to be examined, both the client
and the lawyer did not give their
consent thereto.
Requisites on the rule on confidential
communications between physician
and patient:
1. The action in which the advice or
treatment given or any information
is to be used is a civil case.
2. Existence of physician-patient
relation.
3. The advice or treatment given by
him or any information was
acquired by the physician in the
course of professional employment.
4. The information is necessary in the
performance of the physician’s
official duty.
5. The disclosure of the information
would tend to blacken the
reputation of the patient.
Requisites of the rule on
communication between minister and
penitent:
1. The confession must be made
pursuant to a religious duty
enjoined in the course of discipline
of the sect or denomination to
which they belong.
2. The confession must be
confidential and penitential in
character.
Requisites of privileged
communications to public officers
1. The communication was made to
the public officer in official
confidence;
2. That public interest would suffer by
the disclosure of such
communications.(Banco Filipino vs.
Monetary Board, G.K. No. 70054,
July 8, 1986)
Testimonial privilege
Parental and filial privilege
This section is not correctly a rule
of disqualification, as the descendant
was not incompetent or disqualified to
testify against his ascendants, but was
actually a privilege not to testify;
hence it was called “filial privilege”.
The privilege may be invoked by
the person in any case against any of
his parents, direct ascendants,
children or direct descendants.
However, in a criminal case
where his testimony is indispensable
in(1) a crime against him (the
descendant), or (2) by one parent
against the other, a descendent may
be compelled to testify against his
parents and grandparents (Sec. 215,
The Family Code)
3. Admission and Confessions
 Admission is the ADMISSIBILITY OF OFFER OF
acknowledgement by a party as to COMPROMISE
the existence of a particular fact,
made either extra-judicially or COMPROMISE – an agreement
judicially, against his interest of in his made between two or more parties as
favor. a settlement of matters in dispute.
Confessions is the (Bouvier’s Law Dictionary)
acknowledgement by a person as to General Rule and offer of
the fact of his guilt in the commission compromise by the accused may be
of the crime charged. (People vs. received in evidence as an implied
Cavite, 203 SCRA 383). admission of guilt.
Exception: In cases where
☺Distinguish Admission from compromise is allowed by law or in
Confession quasi-offenses, no implied admission
In admission, a party merely of guilt arises against the accused
acknowledges certain facts, who makes the offer to compromise.
circumstances or status or condition of In rape cases, an offer to
things which may not indicate his guilt compromise for a monetary
in the commission of the offence consideration, and not to marry the
charged, whereas, in confession of victim, is an implied admission of guilt
the offense charged, whereas, in (Pp. vs. Amiscua, L-31238, Feb. 27,
confession, a person acknowledged 1971) be that as it may, the Supreme
the fact of his guilt in the commission Court, held that an offer of marriage
of the offense charged. by the accused, during the
Requisites before admission is investigation of the rape case, is also
admissible an admission of guilt (Pp vs. Manzon,
1. The admission must involve matters G.R. #51034, May 29, 1987).
of fact, and not of law;
2. The admission must be categorical
☺ADMISSION BY THIRD PARTY – the
and definite right of a party cannot be prejudiced
3. The admission must be knowingly by an act, declaration, or omission of
and voluntarily made another. Exceptions:
4. The admission must be adverse to 1. Admission by co-partner
the interest of the 2. Admission by agent
A judicial admission is one 3. Admission by joint owner or debtor
made in connection with a judicial or one jointly interested
proceeding in which it is offered (Sec. 4. Admission by conspirator
4, Rule 129). An extrajudicial admission 5. Admission by privies
is made by a party but of court
relative to an occurrence, ADMISSION BY CO-PARTNER OR AGENT
circumstance or event relevant to a The requisites in order that an
fact in issue. Sections 26 and 32 of this admission of a partner may be
Rule refer to extra-judicial admissions. admissible in evidence against his co-
partner.
a. The act or declaration refers to
matter within the scope of the
partnership
b. The declaration was made during
the existence of the partnership,
business;
c. The existence of the partnership is
previously proven by evidence
other than the admission of the
partner.
With regards to agents, the requisites
are:
a. That the agency is proved by
evidence other than the
admission itself
b. The admission refers to a matter
within the scope of his authority
c. The admission was made during
the existence of the agency
☺ADMISSION
BY CONSPIRATOR –
when admissible against his
conspirator
1. When the conspiracy is shown by
evidence alinue;
2. The admission was made during
the existence of the conspiracy;
3. The admission relates to the
conspiracy itself.
This rule applied only to
extrajudicial acts or statements and
not to testimony given on the stand at
the trial where the defendant has the
opportunity to cross-examine the
declarant. (Pp vs. Serrano, et.al G.R.
No. L-7873, April 29, 1959)
The rule that the statement of a
conspirator relating to the conspiracy
is not admissible in evince unless the
conspiracy is first shown by other
independent evidence, applies only
to an admission in an extra-judicial
confession. (Pp. vs. Flores, SCRA 746)
ADMISSIONS BY PRIVIES
Requisites of admission by privies to be
admissible:
1. The act, declaration or omission
must qualify or affect the title of the
property;
2. There is private between the party
and declarant;
3. The admission was made by the
predecessor-in-interest while
holding title to the property (4
Martin 245; Compendium on
Evidence by Regal ado. P 475)
ADMISSION BY SILENCE
Requisites before silence are taken as
an admission:
1. The party must have heard and
understand the statement
2. The party must have the
opportunity and there is necessity
of denying the statement
3. The statement must refer to a
matter affecting his right;
4. The facts were to matter affecting
his right;
5. The facts admitted to the issue
(Sec. 32, Rule 130; Pp. vs. Paragsa,
L-44060, July 20,1978)
CONFESSION
This section refers to extra-
judicial confessions. Note that Sec. 3
Rule 133 provides hat an extra-judicial
confession made by the accused is
not sufficient ground for conviction
unless corroborated by evidence of
corpus deficit.
A confession is a categorical
acknowledgement of guilt made by
an accused in a criminal case, which
any exculpatory statement or
explanation. If the accused admits
having committed the act in question
but alleges a justification therefor, the
same is merely an admission (U.S vs.
Tolosa, 5 Phil 616)
Classes of Confession
1. Judicial – one made before a
court in which the case is pending
and in the course of legal
proceedings therein.
2. Extra – Judicial – on made in any
other place or occasion and
cannot sustain a conviction unless
corroborated by evidence of the
corpus delicti.
☺CONFESSION
AND ADMISSION,
distinguished
A confession, as distinguished
from an admission, is a declaration
made at any time by a person,
voluntarily and without compulsion or
inducement, acknowledging that he
had committed or participated in the
commission of a crime. The term
admission, on the other hand, is
usually applied in criminal cases to
statement of fact by the accused
which do not directly involve an
acknowledgement of the guilt of the
accused or of criminal intent to
commit the offense with which he is
charged. (U.S. vs. Corrales, 26 Phil.
362).
Requisites for Confession to be
admissible:
1. It must involved an express and
categorical acknowledgement of
guilt
2. The facts admitted must be
constitutive of a criminal offense
3. It must have been voluntarily and
intelligently made
Art. III, Sec. 12 (1) of the 1987
Constitution has not been violated.
TESTIMONIAL KNOWLEDGE
Hearsay Evidence defined. Any
evidence, whether oral or
documentary, the probative value of
which is not based on the personal
knowledge of the witness but on the
knowledge of some other person not
on the witness stand.
The hearsay rule provides that a
witness can testify only on those facts
which he knows of his personal
knowledge unless those facts
constitute the exceptions provided
under the rules.
☺EXCEPTIONS TO THE HEARSAY RULE
Dying declaration, defined.
These are statement made by a
person after the moral wound has
been inflicted, under a belief that
death is certain, stating the facts
concerning the cause of, and the
circumstances surrounding the
homicide.
Requisites for admissibility of dying
declaration
a. That death be imminent and that
declarant be conscious of the fact;
b. The declaration must concern the
crime and surrounding
circumstances of the declarant’s
death
c. The declarant was competent as a
witness
d. The declaration is offered in a
criminal case where the
declarant’s death is the subject of
inquiry. (Pp. vs. Hernandez, 205
SCRA 213; Pp. vs. Gutierrez, 208
SCRA 206)
Declaration against interest
Requisites for admissibility:
a. Declarant must not be available
to testify;
b. The declaration must have
related a fact against the
 interest of the declarant when
his statement was made
c. The declaration must concern a
fact cognizable by declarant
d. The circumstances must render
it improbable that a motive to
falsify existed
Acts or declaration about pedigree
Pedigree defined. Is the history
of family descent which is transmitted
from one generation to another by
both oral and written declarations
and by traditions.
Requisites for the admissibility of
declarations regarding pedigree:
a. The actor or declarant is dead
or unable to testify;
b. Declarant must be a relative of
the person whose pedigree is in
question
c. The relationship between the
declarant and the person
whose pedigree is in question
must be shown by evidence
other than such act or
declaration
d. The declaration was made prior
to the controversy
Family reputation or tradition
regarding pedigree
Requisites for admissibility
a. There is a controversy which
relates to the pedigree of any
member of the family;
b. The reputation of tradition
existed in the family prior to the
controversy;
c. The witness testifying thereto
must be a member of the same
family as the subject.
Common reputation
Requisites for admissibility
a. It must exist pervious to the
controversy
b. It must refer to the following
matters:
1. Facts of public or general
interest more than 30 years
of age or
2. Marriage or
3. Moral character
Part of the res gestae
Res gestae means “things
done”, and include the circumstances
facts and declarations incidental to
the main fact or transaction,
necessary to illustrate its character
and also include acts, words and
declarations which are so closely
connected therewith as to constitute
a part of the transaction.
Wharton defines res gestae as
events speaking for themselves,
through the instinctive words and acts
of the participation when narrating
the events.
Requisites for admissibility there must
be starling occurrences;
a. The statements made must refer to
the occurrence in question and its
attending circumstances;
b. The statement must be
spontaneous; (Pp. va. Siscar, G.R.
No. 55649, Dec. 3 1985)
☺Res
gestae distinguished from
dying declaration
a. A dying declaration can only be
made by the victim while
statement as part of the res gestae
may be that of a third person.
b. Dying declaration are made only
be made by the victim while
committed, in res gestae, the
statement may precedes,
accompany or be made after the
attack has been committed
c. The trustworthiness of a dying
declaration is based upon its being
given under an awareness of
impending death, while the rule on
res gestae is justified by the
spontaneity of the statement.
Entries in the course of business,
requisites:
a. Entries must have been made at
or neat the time of the transaction
to which they refer.
b. The entrant was in a position to
know the facts stated in the
entries.
c. The entries were made in a
professional capacity or in the
performance of duty
d. The entries were made in the
ordinary or regular course of
business or duty
e. Entrant must be deceased or
unable to testify
Entries in official records, requisites
a. They were made by a public
officer or by persons specially
enjoined b law to do so
b. They were made in the
performance of duty
c. The officer has sufficient
knowledge of the facts stated by
him, whether acquired personally
or through official information
Testimony or disposition at a former
proceeding, requisites:
a. The witness is dead or unable to
testify
b. His testimony or disposition was
given in a former case proceeding
judicial and administrative,
involving the same parties and
subject matter.
c. The former case involved in said
subject as that in the present case
d. The issue testified to be the witness
in the former trial is the issue
involved in the present case
e. The adverse party had an
opportunity to cross-examine the
witness in the former case.
7. OPINION RULE
The rule provides that the
opinion of a witness is not admissible.
There are, however, opinions of
witness that are admissible in
evidence, as follows:
1. Those made by witness regarding
the identity or handwriting of
person, when they have
knowledge of the person or his
handwriting
2. Those made by witness or intimate
acquaintances respecting the
mental sanity of a person, and the
reason for the opinions being given
3. Those made by persons who
possess the skill and knowledge in a
department of human activity not
ordinarily within the gift of the
ordinary man (expert witness)
☺Expert evidence admissible only if
(a) the matter to be testified to is one
that requires expertise; and (b) the
witness has been qualified as an
expert. (Pp. vs. Florendo, 40 C.G. 225)
Factors required to quality a person as
an expert witness:
1. Training and education
2. Particular first hand familiarity with
the facts of the present case
3. Presentation of the authorities or
standards on which his opinions are
based
8. CHARACTER EVIDENCE

The general rule is that
evidence of good or bad character is
not admissible.
Exception:
a) In criminal cases:
1. The accused may prove his good
moral character which is pertinent
to the moral trait involve in the
offense charged.
2. Unless in rebuttal, the prosecution
may not prove his bad moral
character which is pertinent to the
moral, trait involved in the offense
charged
3. The good or bad moral character
of the offended party may be
proved if it tends to establish in any
reasonable degree the probability
or improbability of the offense
charged.
b) In civil cases:
Evidence of the moral
character of a party in civil cases is
admissible only when pertinent to the
issue of character involved in the
case.
c) In the case of provided for in Rule
132, Section 14.
RULE 131 – BURDEN OF PROOF AND
PRESUMPTIONS
Burden of Proof - also known as
“owesprobandi”; means the
obligation imposed upon a party who
alleges the existence of a fact or thing
necessary in the prosecution or
defense of an action to establish or
defense of an action to establish it by
proof. (Jones on Evidence, 2d. Ed.,
Sec. 481)
☺The burden of proof does not shift
during the course of the trial but
remains steady with the party on
whom the law casts it at the
beginning of the trial.
Burden of evidence - that the logic
necessity which rest on a party at any
particular time during a trial to create
a prima facie case in his own favor, or
to overthrow one when created
against him.
Burden of proof and burden of
evidence, distinguishes.
a. The burden of proof does not shift,
the burden of may “shift” to an
extent.
b. The burden of proof is fixed by the
pleadings, burden of evidence has
a title connection with them.
c. The burden of evidence may be
said to be the production of
evidence at any particular stage,
while the burden of proof involves
the sufficiency of evidence which is
necessary to move the inertia of
the court.
In criminal case, the burden is
on the PROSECUTION, to prove
beyond a reasonable doubt, the
essential elements of the offense with
which the accused is charged and if
the proof fails to establish any of the
essential elements necessary to
constitute a crime, the defendant is
entitled to an acquittal.
PRESUMPTION – an inference or
assumption as to the existence of a
fact unknown only by reason of its
relation to a fact that is known.
CONCLUSIVE PRESUMPTION – are
inference which the law makes so
preemptory that it will not allow them
to obtained by any contrary proof
however strong (Mercado vs. Santos,
66 Phil 215)
DISPUTABLE PRESUMPTION – are
presumptions which arise and
continue until; they are overcome by
evidence or by some stronger
presumption. (Jones on Evidence)
Rule 131, Sec. 2 pars. (a) & (b)
are based upon the doctrine of
estoppel in pais.
With respect to paragraph (a),
the fact which the party in estoppel
has represented to be true is
conclusively presumed as against him
to be true and he is not permitted to
introduce evidence to the contrary.
(Lazo, et, al. vs. Republic Surety & Ins.
Co., Inc., L-27305, Jan 30, 1970)
With respect to paragraph (b),
the ownership of the landlord at the
start of the tenancy relation is
conclusively presumed as against the
tenant and the latter is not permitted
to dispute such fact.
ESTOPPEL – is a bar which precludes a
person from denying or asserting
anything to the contrary of that which
has, in contemplation of law, been
established as the truth, either by the
facts of judicial or legislative officers,
or by his own deed or representations,
either express or implied. (10) Am Jr.
601)
ESTOPPEL IN PAIS – that define in Sec. 2
(A), Rule 131
DISPUTABLE PRESUMPTIONS
Willful Suppression of Evidence
Rule that evidence deliberately
suppressed would be adverse if
presented does not apply if the
evidence claimed to suppressed is
merely corroborative or is available to
the other party. (Pp. vs. Casinillo, 213
SCRA 777)
Regular Performance of Income
Law enforcers are presumed to
have regularly performed their duties
in the absence of proof to the
contrary. (Pp. vs. Caton, 205 SCRA
235)
The rule that law enforcers are
presumed to have performed their
duties in the absence of proof to the
contrary. (Pp. vs. Caton, 205 SCRA
235)
The rule that law enforcers are
presumed to have performed their
duties regularly cannot prevail over
the constitutional presumption of
innocence of the accused. (Pp. vs.
Mendoza, 203 SCRA148; People vs.
Martos, 211 SCRA 805)
Presumption of innocence
To overthrow the presumption of
innocence, the persecution must
establish his guilt by proof beyond
reasonable doubt or that degree of
the proof which produces conviction
in an unprejudiced mind. (People vs.
Grefiel, 215 SCRA 596)
Unexplained Possession of stolen
property
In order to raise this
presumption, four basic facts must be
proved:
a. That the crime was committed
b. That it was committed recently
c. That the stolen property was found
in the possession of the defendant
d. That the defendant is unable to
explain his possession
satisfactorily(U.S. vs. Carr eon, 12
Phil. 1; U.S. vs. Divino, 18 Phil. 425);
U.S. vs. Mohammed Ungal, 37 Phil.
835; U.S. vs. Soriano, 9 Phil. 441)
RULE 132 – PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESS
 The examination of a witness
presented in a trail must be made
orally in open court under oath
affirmation. Where the testimony is in
the form of disposition, such testimony
may be read and submitted as
evidence provided that the deponent
is dead, cannot testify or outside of
the Philippines.
The rule provides that the entire
proceedings of the trial or hearings
shall be made by the offcial
stenographer or records, certified as
correct by him, which shall be
deemed prima facie a correct
statement of such proceedings.
The rights and obligations of a
witness are enunciated in Section 3,
Rule 132 of the Rules.
A witness will not be compelled
to answer any question which
incriminate him or the reply to which
will supply evidence by which he
could be convicted of a criminal
offence, under the provision of our
Constitution to the effect that “no
person shall be compelled to be a
witness against himself”. (Art III, Sec.
17, 1987 Constitution) based
constitutional guaranty, the rules
provided that ”a witness need not
give an answer which will have a
tendency to subject him to a penalty
for an offense unless otherwise
provided by law”. (Sec. 3, Rule 132)
The prohibition of compelling a
man in criminal court to be a witness
against himself is a prohibition of the
use of physical or moral compulsion to
extort communication from him. (Holt
vs. U.S. 219 U.S. 245)
ORDER OF TRIAL IN CRIMINAL CASES
a. The prosecution shall present
evidence to prove the charge and
in the proper case, the civil liability.
b. The accused may present
evidence to prove his defense,
and damages, if any, arising from
the issuance of any provisional
remedy in the case.
c. The parties may then respectively
present rebutting evidence only
unless the court, in furtherance of
justice, permits them to present
additional evidence bearing upon
the main issue.
d. Upon admission of the evidence,
the case shall be deemed
submitted for decision unless the
court directs the parties to argue
orally or to submit memoranda.
e. However, when the accused
admits the act of omission charged
in the compliant or information but
interposes a lawful defense, the
order of trial may be modified
accordingly. (Sec. 3, Rule 119, Rules
of Court)
ORDER OF EXAMINATION OF A
WITNESS – that provided for in Section
4, Rule 132, Rules of Court.
LEADING QUESTIONS AND CASES THEY
ARE PERMITTED.
☺Leading questions
are those that
suggest to the witness the answers
which the examining party desires. On
direct examination, leading questions
are allowed.
a. When they relate to preliminary
matters.
b. When there is difficulty in getting
direct and intelligible answers from
the witness who is ignorant or a
 child of tender years, or is feeble-
minded or deaf-mute, or
c. In the interrogation of an unwilling
or hostile witness
WAYS OF IMPEACHING A WITNESS OF
THE ADVERSE PARTY
a. By contradictory evidence
b. By evidence that his general
reputation for truth, honesty or
integrity is bad
c. By evidence that he has made at
another time statements
inconsistent with his present
testimony or,
d. By evidence of his conviction of a
crime, particularly when the same
involves moral turpitude.
A PARTY MAY NOT IMPEACH HIS OWN
WITNESS, except:
a. In the case of a hostile witness
b. Where the witness is the adverse
party or the representative of
juridical person which is the
adverse party and,
c. Where the witness is not voluntarily
offered but is required by law to be
presented by the proponent.
(Fernandez vs. Tantoco, 49 Phil.
380)
B. AUTHENTICATION AND PROOF
OF DOCUMENTS
PUBLIC DOCUMENT – the written
act or record of acts of the sovereign
authority, of official bodies and
tribunals and public officers legislative,
judicial or executive, whether of the
Philippines, or of a foreign country,
including public records kept in the
Philippines of private writing notarized
or acknowledged before a notary
public.
PRIVATE DOCUMENT – every
deed or instrument executed by a
private person, without the
intervention of a notary public or other
personal legally authorized, by which
document some disposition or
agreement is proved, evidenced or
set forth. (U.S. vs. Orera, 11 Phil 596)
PRIVATE DOCUMENTS ARE PROVED BY:
a. Testimony of anyone who saw the
writing executed
b. Evidence of the genuineness of the
handwriting of the maker
PROOF OF HANDWRITING OF A PERSON
The handwriting of a person
may be proved
1. By any witness who believes it to be
the handwriting of such person
because (a) he has seen the
person write; or (b) he has seen
writing purporting to be his upon
which the witness has acted or
been charged
2. By a comparison made by the
witness or the court with writings
admitted or treated as genuine by
the party against whom the
evidence is offered, or proved to
be genuine to the satisfaction of
the satisfaction of the judge.
PROOF OF PUBLIC OR OFFICIAL ENTRIES
Entries in public or official books
or records may be proved by the
production of the books or records
themselves or by a copy certified by
the legal keeper thereof. (4 Jones on
Evidence)
☺PROOF OF OFFICIAL RECORD
An official record or entries
therein may be proved
a. By an official publication
b. By a copy attested by the officer
having the legal custody of the
record or his deputy
JUDICIAL RECORD – the record, official
entry, or files of the proceedings in a
court of justice, or of the official act of
a judicial officer in an action, suit or
proceedings. (Pp vs. Quebral, 68 Phil.
564)
HOW JUDICIAL RECORD IMPEACHED:
a. By evidence of want of jurisdiction
in the court or judicial officer in
respect to the proceedings
b. By evidence of collusion between
the parties in the proceedings
c. By evidence of fraud in the party
offering the record in respect to
the proceedings. (Sec. 29, Rule
132)
EXPLANATION OF ALTERATION IN
WRITING
A party producing a document
as genuine which appears to have
been altered must explain the
alteration, to with:
a. He may show that the alteration
was made by another, without his
concurrence
b. He may show that the alteration
was made with the consent of the
parties affected
c. He may show that the alteration
was properly or innocently made
d. He may show that the alteration
did not change the meaning or
language of the instrument (Sec.
31, Rule 132)
C. OFFER AND OBJECTION
The rule is that any evidence
which a party desires to submit for
consideration of the court must be
formally offered, specifying the
purpose for which it was offered.
Offer of testimonial evidence is
made at the time the witness is called
to testify
Formal offer of documentary
and object evidence is made after a
party’s testimonial evidence. The offer
may be done orally but more often,
the offer is done in writing.
Where the evidence consisting
of documents were not formally
offered at the hearing, even if they
are material to the case, the court
must exclude the same from the
record; it has no authority to consider
them. (Ayala de Roxas vs. Valencia, 5
Phil. 182)
Objection to testimonial
evidence must be made immediately
as soon as the grounds therefore
become reasonably apparent.
Objection to documentary
evidence must be made within three
(3) days after notice of the offer unless
a different period is allowed by the
court.
The ruling upon an objection
must be made immediately after the
objection is made, unless reasonable
time is desired by the court to inform
itself on the question presented.
RULE 133 – WEIGTH AND SUFFICIENCY
OF EVIDENCE
WEIGH OF EVIDENCE – the probative
value or credit given by the court to a
particular evidence admitted to
prove a fact in issue.
PREPONDERANCE OF EVIDENCE – that
degree of proof below “proof beyond
reasonable doubt” which, when taken
in its entirely as adduced by one party
is superior to that of the other.
FACTORS CONSIDERED IN 2. The facts from which the inferences
DETERMINING PREPONDERANCE OF are derived must be proven
EVIDENCE: 3. The combination of all the
a. All the facts and circumstances of circumstances is such as to
the case produce a conviction beyond
b. Demeanor of the witness reasonable doubt
c. His intelligence, accuracy and RULE 134 – PERPETUATION OF
opportunity for observation TESTIMONY
d. Their means and opportunity of This rule regulates the taking of
knowing the facts to which they disposition in Perpetua, the purpose of
are testifying which is to perpetuate the testimony
e. The probability / improbability of on witnesses for probable use in future
their testimony case or in the event of further
f. Their respective reliability proceeding in the same case.
g. Their respective interest or want or Other ways of perpetuating
interest testimony in criminal cases are found
h. The number of witness produced in Section 4,5,7 of Rule 119 on Trial.
PROOF BEYOND REASONABLE DOUBT –
that degree of proof which produces
in the mind of an unprejudiced
person, that moral certainty or moral
conviction that the accused did
commit the offense charged.
SUBSTANTIAL EVIDENCE – that amount
of relevant evidence with a
reasonable mind might accept as
adequate to justify a conclusion.
CORPUS DELICTI – the body or
substance of the crime; but, as
applied to a particular offense, it
means the actual commission by
someone of the particular crime
charged. (Pp. vs. Mones, 58 Phil 46)
CIRCUMSTANCIAL EVIDENCE –
evidence which, without going
directly to prove the existence of a
fact, gives rise to a logical inference
that such fact does exist. (31 C.J.S.
505).
SUFFICIENCY OF CIRCUMSTANTIAL
EVIDENCE TO CONVICT:
1. There is more than one
circumstance

Law Enforcement
Administration
TABLE OF CONTENTS
e. Police Organization and
Administration with Police
Planning…………………………………51
f. Police Patrol Operations with Police
Communication System…………..….62
g. Police
Intelligence……………………………..69
h. Comparative Police
System……………………………….…..82
i. Industrial Security
Management…………………………86
j. Police Personnel and Record
Management…………………………96
POLICE ORGANIZATION AND
ADMINISTRATION WITH POLICE
PLANNING
Question and Answer:
 WHAT IS THE ETYMOLOGY OF THE
WORD POLICE? The word police
originated from the Greek word “
politeia ” which means
government of a city or civil
organization and the state
 HOW POLICING FORMALLY DID
EVOLVED? IN 1829, Sir Robert Peel
introduced the Metropolitan Act,
passed by the parliament of
England in the same year, which
led to the creation of Metropolitan
Police Force of London, which is
viewed as the first organized
uniformed police force. This police
force was later on named as the
Scotland Yard. Being the originator
and the first head of such police
organization, Sir Robert Peel has
earned the title “ Father of Modern
Policing System”
 WHAT ARE THE FUNDAMENTAL
THEORIES OF POLICE SERVICE?
Continental Theory – Police officers
are considered servants of the
higher authorities and the people
have little or no share at all in their
duties, nor any direct connection
with them. This theory prevails
among continental countries, like
France, Italy, Spain, where the
governmental structure follows the
centralized pattern.
Home-Rule Theory – Police officers
are considered as servants of the
community who depend for the
effectiveness of their functions
upon the express wishes of the
people. In this theory, police
officers are civil employees whose
primary duty is the preservation of
public peace and security. This is
practiced in England and in United
States of America, where the
governmental structure is
decentralized.
 WHAT ARE THE FUNDAMENTAL
CONCEPTS OF POLICE SERVICE?
Old Concept – police service is
looked upon the police as merely
as repressive machinery. This old
philosophy means throwing more
people in jail rather than keeping
them out of jail. Under this
 concept, punishment is the sole
instrument of crime control. The
yardstick of efficiency of the police
is more arrest.
☺Modern
Concept – police
service considers the police as an
organ of crime prevention. Police
service today has broadened its
activities to include certain aspects
of social service and has for its
objective the welfare of the
individual as well as that of the
society. Under this philosophy, the
yardstick of efficiency of the police
is the absence of crime.
 WHAT IS THE ORGANIZATIONAL
STRUCTURE OF THE PNP?
Line and Staff Organization- Is a
combination of the line and
functional types. It combines staff
specialists such as the criminalist,
the training officer, the research
and development specialist etc.
Channels of responsibility is to
“think and provide expertise” for
the line units. The line supervisor
must remember that he obtains
advice from the staff specialists.
 WHAT ARE THE DIFFERENT
FUNCTIONS IN THE PNP?
Line functions – are the backbone
of the police department which
include patrol, investigation and
traffic control which is performed
by “line members” including patrol
officer, sergeant and the chief of
police Staff functions – are those
operations assigned to support the
line functions, staff members are
necessarily advisors who are
typically assigned to planning,
research, legal advice and
budgeting . Staff members are
often civilians with specialized
training. The main function is to
study police policies and practices
and to offer proposals to the chief
executive of the department.
 WHAT ARE THE FUNDAMENTAL
PRINCIPLES OF POLICE
ORGANIZATION?
*Unity of command, *Chain of
command, *Span of control,
*Delegation of authority and
*Command responsibility
 HOW DID POLICING IN THE
PHILIPPINES EVOLVED?
Spanish Regime The Guardrilleros –
This was body of rural police
organized in each town and
established by the Royal Decree of
January 8, 1836. This Act provided
that 5% of the able-bodied male
inhabitants of each province were
to be enlisted in this police
organization for 3 years.
Carabineros de Seguridad Publica
– This was organized in 1712 for the
purpose of carrying out the
regulations of the department of
state. It was armed with carbines .
In 1781, it was given the special
commission of government
custodian of the tobacco
monopoly. By Royal Decree on
December 20, 1842, it was
organized and called CUERPO DE
CARABINEROS DE SEGURIDAD
PUBLICA, hence, its duties become
police like and more general. The
Guardia Civil – this was created by
a Royal decree issued by the
Crown on February 12, 1852 to
partially relieve the Spanish
Peninsular troops of their work in
policing towns. It was composed
mostly of Filipinos.
 American Occupation November
30, 1980 – creation of Insular Police
Force
July 18, 1901 – creation of Insular
Constabulary by Virtue of Act #
175
July 31, 1901 – Manila Police
Department was organized by
virtue of Act # 183
October 3, 1901 – Insular
Constabulary was changed to
Philippine Constabulary by virtue of
Act # 255
January 2, 1942 – first element of
the Japanese Imperial Army
entered manila called KEMPETAI . It
is on this date that Manila Police
department was renamed
Metropolitan Constabulary under
the Bureau of Constabulary
February 7, 1945 – General
Macarthur returned to the
Philippines and the Battle of Manila
ended. Manila Police Department
was reconstituted.
 RELATED LAWSRepublic Act # 4864
(Police Act of 1966 ) – it was
enacted on September 8, 1966
which created the Office of Police
Commission which was later called
NAPOLCOM .
Presidential Decree # 765 – it was
enacted on August 8, 1975 which
created the Integrated National
Police and provides for the
NAPOLCOM to be under the Office
of Ministry of National Defense
Republic Act #6040 (Tolentino Law )
– empowering the Police
Commission to give appropriate
examinations to officers and
members of police force aimed at
professionalizing police services .
Republic Act #6975 ( Department of
Interior and Local Government Act
of 1990 ) – establishing the
Philippine National Police. Enacted
December 13, 1990 this abolished
the PC-INP and created agencies
under the DILG (PNP, BFP, BJMP &
PPSC).
Republic Act #8551 (PNP Reform
and Reorganization Act of 1998) –
created on February 25, 1998
which provides for the reformation
and professionalization of the PNP.
 WHAT IS THE ORGANIZATIONAL SET-
UP OF THE PNP?
The PNP shall be headed by A
Chief, with a rank of Director
General, who shall be assisted by
two Deputy Chiefs: One for
Administration, who happens to be
the second in command; and one
for Operation who is third in
command with a rank of Deputy
Director General. The head of the
Directorial Staff with the rank of
Deputy Director General is known
as Chief of the Directorial Staff of
the PNP. The PNP organizational
structure is composed of a National
Office, Regional Offices, Provincial
Offices, district Offices, and
City/municipal offices.
 WHAT IS THE MANNING LEVEL IN THE
PNP? On the average nationwide,
the manning levels of the PNP shall
be approximately in accordance
with a police-to-population ration
of one policeman to every 500
persons. The actual strength of the
city or municipal police stations
shall depend on the state of peace
and order, population density and
 actual demands of the service in
the particular area. Provided, that
the minimum police-to-population
ratio shall not be less than one
policeman to every 1000 persons.
 WHAT ARE THE DIFFERENT RANKS IN
THE PNP AND THEIR EQUIVALENCE
IN THE MILITARY?
POLICE RANKS: A. Commissioned
Officers (PCO) Director General
(DG) Deputy Director General
(DDG) Director (Dir) Chief
Superintendent (CSupt) Senior
Superintendent (SSupt)
Superintendent (Supt) Chief
Inspector (CInsp) Senior Inspector
(SInsp) Inspector (Insp)
Police Non-Commissioned Officers
(PNCO) Senior Police Officer IV
(SPO IV) Senior Police Officer III
(SPO III) Senior Police Officer II (SPO
II) Senior Police Officer I (SPO I)
Police Officer III (PO III) Police
Officer II (PO II) Police Officer I (PO
I) Cadets of the Philippine National
Police Academy are classified
above the SPO4 and below
Inspector rank in the PNP
 WHAT IS THE AGE, HEIGHT, WEIGHT
AND EDUCATIONAL REQUIREMENT
IN THE PNP?
Age requirement – for new
applicants, must not be less than
21 years of age at the time of
application or more than 30 years
of age
Height requirement – 5’4” (1.62m)
for male and 5’2” (1.57m) for
females or 5’2” for males and 5’0”
for females under the waiver
program
Weight requirement – must not be
more or less 5 kilograms of the
standard weight corresponding to
his/her height, age and sex.
Educational Requirement -
baccalaureate degree
 WHAT ARE THE NATURES OF
APPOINTMENT IN THE PNP?
Temporary – if the applicant passes
through the waiver program as
provided by RA 8551 Probationary
– if the applicant passes through
the regular screening procedures
Permanent – if the applicant able
to finish the required field training
program for permanency.
 HOW IS APPOINTMENT IN THE PNP
AFFECTED?
PO1 to SPO4 – appointed by the
PNP Regional Director for Regional
personnel or by the Chief PNP for
National Headquarters’ personnel
and attested by the Civil Service
Commission (CSC) Inspector to
Superintendent – appointed by the
Chief PNP as recommended by
their immediate supervisor and
attested by the CSC.
Sr. Supt. to Dep. Dir. Gen . –
Appointed by the President upon
the recommendation of the Chief
PNP with the endorsement of the
CSC and with confirmation by the
Commission on Appointment (CA).
Director General – appointed by
the President from among the most
senior officers down to the rank of
Chief Superintendent in the service
subject to the confirmation of the
Commission on Appointments.
 HOW IS WAIVER FOR INITIAL
APPOINTMENT AFFECTED IN THE
PNP?
The age, height and weight and
educational requirements for initial
appointment to the PNP may be
 waived only when the number of
qualified applicants falls below the
minimum annual quota. The
NAPOLCOM may grant waiver of
age, height, weight or educational
requirements. Waiver of age may
be granted provided the applicant
should not be less than 20 or over
35 years of age. Waiver of the
height requirement may be
granted to male applicant who is
at least 1.57m and 1.52m for
female applicants; provided that
the NAPOLCOM may set a lower
height requirement for applicants
who belong to cultural minorities
duly certified by the Office of
Muslim Affairs of the Appropriate
Government Entity. Provided,
further, that the NAPOLCOM may
require said applicant to submit
their membership in a certain
cultural minority. An applicant who
is granted a weight requirement
shall be given reasonable time but
not exceeding 6 months within
which to comply with said
requirements. Waiver of
educational requirements may be
granted to an applicant who has
finished second Year College or
has earned at least 72 collegiate
units leading to a bachelor’s
degree. Provided that any person
who will enter the service without a
baccalaureate degree shall be
given a maximum of four years to
obtain the required educational
requirements.
 HOW IS LATERAL ENTRY AFFECTED IN
THE PNP?
In general, all original appointment
for Commissioned Officers (CO)
shall commence with the rank of
Inspector, such as dentist,
optometrist, nurses, engineers, and
graduates of forensic sciences.
Doctors of Medicine, members of
the Bar and Chaplains shall be
appointed to the Rank of Senior
Inspector in their particular
technical services. Graduates of
the PNPA shall be automatically
appointed to the initial rank of
Inspector. Licensed Criminologist
may be appointed to the rank of
Inspector to fill up any vacancy.
 HOW IS PNP PERFORMANCE
EVALUATION CONDUCTED?
Appraisal refers to the process of
measuring the performance of PNP
members. It is also known as
“Performance Evaluation System”.
The Performance Evaluation in the
PNP is focused on two areas:
administrative (40%), and
operational (60 %). It is conducted
once every 6 months or twice a
year.
 PROMOTION BY VIRTUE OF
EXHIBITED ACTS (SPECIAL
PROMOTION)
Promotion by Virtue of Position Any
PNP member designated to any
key position whose rank is lower
than which is required for such
position shall, after 6 months of
occupying the same, be entitled to
a promotion, subject to the
availability of vacant positions.
Provided, that the member shall
not be reassigned to a position
calling for a higher rank until after
two years from the date of such
promotion. Provided further, that
any member designated to the
position who does not possess the
established minimum qualifications
 thereof shall occupy the same for
not more than 6 months without
extension
 HOW IS PNP ATTRITION?
Attrition by Attainment of Maximum
tenure of PNP members holding key
positions as prescribed herein:
Position Maximum Tenure: PNP
Chief 4 Years, PNP Dep. Director 4
Years, Director for Staff Service 4
Years, Regional Directors 6 Years,
Provincial/City Director 9 Years,
Attrition by Relief – A PNP
uniformed personnel who has been
relieved for just cause and has not
been given an assignment within 2
years after such relief shall be
retired or separated.
Attrition by Demotion in Position or
Rank - Any PNP personnel, civilian
or uniformed, who is relieved and
assigned to a position lower than
what is established for his or her
grade in the PNP Staffing Pattern
and who shall not be assigned to a
position commensurate to his or her
grade within 18 months after such
demotion in position shall be retired
or separated.
Attrition by Non-promotion – Any
PNP personnel who has not been
promoted for a continuous period
of 10 years shall be retired or
separated. Any personnel of the
PNP who is dismissed pursuant to
attrition shall be retired if he or she
has rendered at least 20 years of
service and separated if he or she
has rendered less than 20 years
unless the personnel is disqualified
by law to receive such benefits.
 HOW IS THE SALARY OF PNP
MEMBERS?
The uniformed members of the PNP
are considered employees of the
National Government and draw
their salaries there from. They have
the same salary grade that of a
public school teacher, PNP
member assigned in Metropolitan
Manila, Chartered Cities and first
class municipalities may be paid
financial incentives by the local
government unit concerned
subject to the availability of funds.
 WHAT ARE THE PNP BENEFITS AND
PRIVILEGES?
Incentives and Awards – The DILG shall
promulgate standards on incentives
and award system in the PNP
administered by the Board of
Incentives and Awards. Awards may
be in the form of decorations, service
medals and citation badges or in
monetary considerations. Authorized
decorations are: Police Medal of
Valor, Police Medal of Merit,
Wounded Police Medal, Police
Efficiency Medal, Police Service
Medal, Police Unit Citation badges,
☺ Posthumous Award – in case
individual who distinguish an himself
dies before the granting of the
awards.
 Longevity Pay and Allowances –
Under RA 6975, PNP personnel are
entitled to longevity pay of 10% of
their basic monthly salaries for
every five years of service but the
totality of such longevity pay does
not exceed 50% of the basic pay.
However, they also continue to
enjoy the: Subsistence allowance,
Quarter allowance, Clothing
allowance, Cost of living
allowance, Hazard pay, Others
 Retirement Benefits – There is a or permanent subject to
monthly retirement pay of 50% of conditions.
the base pay and longevity pay of  WHAT ARE THE NATURES OF
the retired grade in case of 20 COMPLAINTS AGAINST PNP
years of active service, increasing MEMBERS?
by 2.5% for every year of active Citizen’s Complaint – Any
service and rendered beyond 20 complaint by a natural or juridical
years to maximum of 90% for 36 person against any PNP member
years of service and over. Payment shall be brought before the
of the retirement benefit in lump following: Chiefs of Police – where
sum is made within 6 months from the offense is punishable by
effectivity date of retirement withholding of privileges, restriction
and/or completion. Retirement pay to specified limits, suspension or
of PNP members is subject of forfeiture of salary, or any
adjustment based on prevailing combination thereof, for a period
scale of base pay of Police not exceeding 15 days ;
personnel in the active service. Mayors of cities and municipalities
 Permanent Physical Disability – A – where the offense is punishable
PNP member who is permanently by withholding of privileges,
and totally disabled as a result of restriction to specified limits,
injuries suffered or sickness suspension or forfeiture of salary, or
contracted in the performance of any combination thereof, for a
duty as certified by the period of not less than 16 days but
NAPOLCOM, upon finding and not exceeding 30 days;

☺People’s
certification of a medical officer,
that the extent of disability or Law Enforcement
sickness render such member unfit Board (PLEB) - where the offense is
or unable to further perform the punishable by withholding of
duties of his/her position, is entitled privileges, restriction to specified
to a gratuity pay equivalent to a limits, suspension or forfeiture of
one year salary and to a lifetime salary, or any combination thereof,
pension equivalent to 80% of for a period exceeding 30 days or
his/her last salary , in addition to dismissal.
other benefits as provided by  Breach of Internal Discipline – refers
existing laws. to any offense committed by a
Early retirement Benefit – A PNP PNP member affecting order and
member at his or her own request discipline within the police
and with the approval of the organization. Chiefs of Police or
NAPOLCOM, retire from the police equivalent supervisor may
service and he paid separation summarily impose the
benefits corresponding to a administrative penalties in all cases
position 1 ranks higher than his/her provided that it does not exceed
present rank , whether temporary 15 days.
 Provincial Director or equivalent safeguards for such activities and
supervisor may summarily impose operations in the department. Involves
the administrative penalties in all strategies or tactics, procedures,
cases provided that it does not policies or guidelines.
exceed 30 days.
The Regional Director or equivalent Operational Planning - the use of
supervisor may summarily impose rational design or pattern for all
the administrative penalties in all departmental undertakings rather
cases provided that it does not than relying on chance in an
exceed 60 days. operational environment. The
The Chief PNP or equivalent preparation and development of
supervisor may summarily impose procedures and techniques in
the administrative penalty of accomplishing each of the primary
dismissal from service. He may also tasks and functions of an organization.
impose the penalty of admonition Police Planning - an attempt
or reprimand, restrictive custody, by police administrators in trying to
withholding of privileges, allocate anticipated resources to
suspension or forfeiture of salary, meet anticipated service demands.
demotion, or any combination The systematic and orderly
thereof for a period not exceeding determination of facts and events as
180 days. basis for policy formulation
 A “ minor offense ” shall refer to and decision making affecting law
any act or omission not involving enforcement management.
moral turpitude, but affecting Planning - the determination in
internal discipline which include advance of how the objectives of the
but not limited to the following a. organization will be attained; involves
Simple misconduct or negligence the determination of a course of
b. Insubordination c. Frequent action to take in performing a
absences or tardiness d. Habitual particular function or activity. The
Drunkenness e. Gambling process of developing methods or
prohibited by law. procedures or an arrangement of
 “FORUM SHOPPING” OR MULTIPLE parts intended to facilitate the
FILING COMPLAINTS – When an accomplishment of a definite
administrative case is filed with a objective. The process of deciding in
police disciplinary authority, no advance what is to be done and
other case involving the same how it is to be done.
cause of action shall be filed with
any other disciplinary authority. Plan - an organized schedule or
sequence by methodical activities
POLICE PLANNING intended to attain a goal or
Police Operational Planning objectives for the accomplishment of
- the act of determining policies and mission or assignment. A method or
guidelines for police activities and way of doing something in order to
operations and providing controls and attain objectives and provides
 ☺Management
answers to the 5Ws and 1H.
or Administrative
Strategy - a broad design or method Functions
or a plan to attain a stated goal or 1.Planning
objective. 2.Organizing
3.Directing
Tactics - are specific design, method 4.Controlling
or a course of action to attain a 5.Staffing
particular objective in consonance 6. Reporting
with strategy. 7.Budgeting

Procedures - are sequences of Guidelines in Planning

activities to reach a point or to attain 1. What - mission/objective
what is desired. 2. Why - reason/philosophy
3. When - date/time
Policy - a course of action which 4. where - place
could be a program of 5. How - strategy/methods
actions adopted by an individual,
group, organization or government or Characteristics of a Good Plan
the set of principles on which they are 1. A Plan must have a clearly defined
based. objective
 case operational plan (COPLAN) - 2. A Plan must be simple, direct and
a definite target - specific activity clear
conducted in relation to an 3. A Plan must be flexible
intelligence project under which it 4. A Plan must be attainable
is affected. Several case 5. A Plan must provide standards of
operations may fall under one operation
intelligence project.- refers to a 6. A Plan must be economical in terms
preparatory plan on how to carry of resources needed for
out a case operation which is the implementation.
last resort to pursue intelligence Types of Plan
objectives when normal police
operations fail. 1. Procedural/Policy Plan
 command post/holding area - 2. Operational Plan
area where case conferences, 3. Tactical Plan
briefings and debriefings are being 4. Administrative/Management Plan
conducted by the 5. Extra-Departmental Plan
respondingagencies.
 dragnet operation - is OTHER IMPORTANT TERMS:
a police operation purposely to POLICE/LAW ENFORCEMENT
seal off the probable exit points of ADMINISTRATION
fleeing suspect from the crime the process involved in ensuring strict
sceneto prevent their escape. compliance, proper obedience of
laws and related statutes-focuses on
the policing process or how law
enforcement agencies are organized
and managed in order to achieve
the goals of law enforcement most eff
ectively, efficiently and productively
SUPERVISION
-means the act of watching over the
work or tasks of the members of the
organization to ensure that desired
results are achieved
MANAGEMENT
-the process of directing and
facilitating the work of people
organized in formal groups in order to
achieve objectives
judicious or wise use of resources (man
power,material, money, equipment,
supplies, time etc)
AUTHORITY
the right to command and control the
behavior of employees in lower
positions within an organizational
hierarchy
must be viewed in terms of prescribed
roles ratherthan of individuals-
a particular position within
an organization carries the same
regardless of who occupies that
position
HIERARCHY
-represents the formal relationship
among superiors and subordinates in
any given organization-
serves as the framework for the flow of
authoritydownward, and obedience
upward, through the department
MANAGEMENT OR ADMINISTRATIVE
FUNCTIONS
1) PLANNING
-the determination in advance of how
the objectives of the organization will
be attained
the process of setting performance ob
jectives andidentifying the actions
needed to accomplish them-working
out in broad outline the things that
need to be done and the methods for
doing them to accomplish the
purpose set for the enterprise
2) ORGANIZING
-involves the determination and
allocation of the men and women as
well as the resource of an organization
to achieve pre-determined goals or
objectives of theorganization-
the process of dividing the work to be
done andcoordinating results to
achieve a desired purpose-
establishment of the formal structure o
f authoritythrough which work
subdivisions are arranged, defined
and coordinated for the desired
objectives.
3) DIRECTING
involves the overseeing and supervisin
g of the humanresources and the vari
ous activities in anorganization to achi
eve through cooperative effortsthe pr
edetermined goals or objectives of th
eorganization-
also called leading, the process of dire
cting andcoordinating the work efforts
of other people to help them
accomplish important task-
task of making decisions and embodyi
ng them in specific and general orders
and instructions
4) CONTROLLING
-involves the checking or evaluation
and measurement of
work performance and comparing it
withplanned goalsor objectives of the
organization, and making thenecessar
y corrective actions so that work isacc
omplished as planned-
the process of monitoring performanc
e, comparing results to objectives and -the hierarchy of authority is the order
taking corrective action as necessary- of ranks from the highest to the lowest
also called supervising levels of the organization-shows
5) STAFFING the vertical hierarchy of
-The task of providing competent men the organization which defines an
to do the job and choosing the right unbroken chain of units from top to
men for the right job- bottom describing explicitly the flow of
involves good selection authority
and processing of reliable and well- ORGANIZATIONAL UNITS IN THE POLICE
trained personnel-filling the ORGANIZATION
organization with the right people in 1) FUNCTIONAL UNITS
the right position a) BUREAU
6) REPORTING the largest organic functional unit with
the making of detailed account of ac in alarge department; comprises of se
tivities, work progress, investigations veraldivisions
and unusual in order to keep b) DIVISION
everyone informed or what is going on -a primary subdivision of a bureau
7) BUDGETING c) SECTION
the forecasting in detail of the results -functional unit within a division that is
of anofficially recognized program of necessary for specialization
operations based onthe highest reaso d) UNIT
nable expectations of operating -functional group within a section or
efficiency the smallest functional group within an
PRINCIPLES OF EFFICIENT organization2)
MANAGEMENT DIVISION OF WORK
-work specialization can increase TERRITORIAL UNITS POST
efficiency with the same amount of -a fixed point or location to which an
effort officer is assigned for duty, such as a
AUTHORITY AND RESPONSIBILITY designated desk
-Authority includes the right to or office or an intersection or cross wal
command and the power to require k from traffic duty)
obedience-one cannot have ROUTE
authority without responsibility a length
DISCIPLINE of streets designated for patrol
-necessary for an organization to purposes; also called line beat)
function effectively, however, the BEAT
state of the disciplinary process an area assigned for patrol purposes,
depends upon the quality of its whether foot or motorized)
leaders SECTOR
UNITY OF COMMAND -an area containing two or more
subordinate should receive orders fro beats, routes or posts)
m one superior only DISTRICT

SCALAR CHAIN
 -a geographical subdivision of a city
for patrol purposes, usually with its own
station)
AREA
-a section or territorial
division of a large city each
comprised of designated districts.
POLICE PATROL AND
COMMUNICATION
I- Historical Background:
This is believed to have been
started when people evolves in terms
of protection from assaults not from
criminals but basically from wild
animals who devour their crops and
livestock’s and then later own from his
own kind (humans). This has been
done through barricades installed at
the entrance to caves were they
usually settles.
As mankind increases, they
started organizing themselves
(communities) wherein one of their
concerns as society is business security
and protection. The primary reason
behind in the development of police
patrol was the congestion of
population. As towns became cities
and demands continuously increasing
this brought justification and the need
for police patrol.
Ancient times:
a. Ancient Egypt, first people
who utilized police dogs on patrol;
Medjays were there police though
they were civilians.
b. In Biblical history and
accounts, police were called
watchmen whose purpose is to
protect the city and arrest the
offenders (Songs of Solomon, Isaiah &
Jeremiah from Old Testament) and in
the New Testament (Matthew and
John).
c. In Rome, Augustus Caesar
formed vigils, a group of over two
thousand men whose duty was to
keep the peace and fight fire.
Middle Ages:
a. In England, Shire Reeve; are
policemen taken from able-bodied
men; existence of Hue and Cry;
Keepers of the Peace by King Richard,
this were the appointment of the
knights whose function is to guard the
gates, bridges and checking people
entering and leaving the town.
Establishment of Watch and Ward Act
utilized between sunset and sunrise at
the gates of walled towns. King
Charles establishes Night Watches or
Bellmen creating employment in
London, they were called Shivers and
Shakes leading to the formulation of
Merchant Police by merchants. Bow
Street Runners by Henry Fielding
started with (6) constables they were
also called Thief takers and Robin
Redbreast. Sir Robert Peel establishes
the Metropolitan Police, regarded as
the Father of Modern Policing System
by virtue of Metropolitan Police Act of
1829.
b. France, police were given the
powers to control prices, welfare,
public morals, public morals and even
sitting in the judgment of offenders.
Paris types of patrol, 1.) Citizen Night
Guard, in charge in the protection of
citizens and 2.) Royal Guard, formed
for the protection of the king. Officers
de Paex, is the origin of the word
Police Officer.
 c. U.S., Leader heads, were
American watchmen. Philadelphia
was the first state who adopted
daytime and paid police service.
Formulation of Vigilance Committee in
San Francisco their motto was “Flat
Justitia Ruat Coeum” means “Heavens
decrees, let there be justice”.
Pioneering in the use of automobile
patrol and voice communication.
II- The origin.
☺
It originated from the greek
word “politeia” literally means city. The
same was applied to civil officers, not
necessarily policemen. Politia is a
Roman word slight conversion from
their intonation. Ultimately the French
change the word to POLICE and
applied to individuals whose job is to
enforce the law. English and
Americans borrowed the word
referring to law enforcers. Other terms
associated with law enforcement like
CONSTABLE” and Patrol likewise
French origin. Patrol from PATROUILLER
which means to walk through mud in
a military camp.
III- Primary Police tasks:
a. Patrol c. Traffic Control
b. Investigation d. Vice Control
e. Control of CICL
IV- Patrol define/explained.
- A regular repeated circuit in
guarding normally performed by
the police over a particular area
either by foot, mobile or other
means of patrol mobility for
purposes of crime prevention, law
enforcement and peace and
order maintenance.
- This is the nucleus of the police
organization from the special
services branch-out and therefore,
this is not subordinated to any
other units within the organization.
- This is the backbone of Police
Organization, considering that
without it, accomplishing police
function in preventing crime
would be impossible.
V- Objectives of Field Operations
(Patrol).
1. To serve and protect, centered on
lives and property protections by
providing all services expected from
police officers
2. Participates in Law Enforcement,
readiness and cooperative to other
agencies in the maintenance of
peace and orders.
3. Prevention of Criminal and
Delinquent Behavior, aims at ways
and means of reducing the desire to
commit crime. Identifying would be
criminals before patterns are not yet
indelibly impressed and may still
vulnerable to change.
4. Repression of Criminal and
Delinquent Behavior, this is to cause or
influence people to refrain from
committing crime for fear of being
caught and prosecuted.
5. Identification, Apprehension and
Conviction of Offenders, identification
and arrest of criminals does not end
the work of policeman. He is still
required to actively participate inthe
prosecution until the criminal is
convicted.
6. Traffic Flow and Collision
Reduction, this pertains to
determination of causes of congestion
and resolve it to ensure expeditious
and safe travel of people/pedestrians
while on the street.
VI- Patrol functions.
1. protection of persons and property
2. preservation of peace and order
3. suppression of criminal activities
4. apprehension of criminals 5.
enforcement of laws and ordinances
6. performing necessary services and
inspections
☺ downward in line command.
Crime Prevention define.
- refers to suppression of the
desire of potential criminals
to commit crime.
Crime Suppression define.
- Refers to elimination of the
opportunity of criminals to
perform acts against the law.
Patrol Force Organization define.
- Hierarchy of police officers
working together towards a
common goal.
Principles of Patrol Force Organization:
1. Simplicity, this speaks up of simple
plan which is enough to be
understood by all concerned, yet
detailed enough to provide clear cut
line of authority and responsibility.
2. Organizing by function, grouping by
similar tasks, jobs, assignments and
functions placing them under a single
supervisor or command officer.
LINE and STAFF FUNCTIONS
Line Functions, those are directly
responsible for accomplishing police
goals and objectives such as patrol
and investigations.
Staff, auxiliary or support functions,
those are designed solely to support
and enhance the operations of line
units. This includes records,
communications, personnel training,
property maintenance and the like.
3. Chain of Command, hierarchy of
authority which appropriate actions
be done at the proper level before
passing the matter either upward or
4. Span of Control, based on the
assumption that there is limit to the
number of individuals that one person
can effectively supervise.
5. Unity of Command, based on the
belief that an individual should be
responsible to one and only one
person at any given time and in any
given situation. A person cannot
function effectively if he is
expected to receive and follow orders
from more than one person at a time
VII- Manning level.
The legal basis of manning level
in the Philippines was pursuant to sec
27, RA 6975 provides that the standard
manning level is 1:500. Extreme
conditions require, this can be
stretched to maximum which is 1:1000.
VIII- Factors determine Patrol
deployment:
1. Population
2. Numbers and types of crimes and
arrests
3. Traffic collision statistics patterns
a. Location of frequent
incidents or hazards
b. Transportation terminals and
other places where people usually
converge
4. Location of crimes and arrests
5. Disproportionate concentrations of
populations
6. Socioeconomic factors
7. Zoning plan of the city/municipality
8. Size of jurisdiction and shape
9. Geography and topography
10. Location, sizes and access to parks
and recreational facilities
11. Modes of transportation and
location of transportation
IX- Fundamental theories of Patrol
1. Police omnipresence, an impression
created in the minds of law abiding
citizens and would be criminals that
police are always available to
respond to any situations at a
moment’s notice. This theory applies
the principle of OVERT OPERATION or
high police visibility.
2. Low profile theory, low police
visibilityincreases the opportunity to
apprehend criminals. Deceptive
absence of police will let criminal
believe that they will not be detected.
This principle applies to COVERT
OPERATION.
X- Patrol Methods:
1. Beat Patrol
a. Foot Patrol
b. Bicycle Patrol
2. Sector Patrol (Motorized Patrol)
a. Automobile
b. Motorcycle
c. Air
3. Specialized Patrol Methods
a. Horse (mounted)
b. Marine (water)
c. Canine (K9)
d. Special terrain
FOOT PATROL define.
- restricted to small areas
and used to deal with special
problems of prevention and
repression of crime that cannot be
adequately handled by policemen
in mobile cars.
Types of Foot Patrol:
1. Fixed, usually used for traffic,
surveillance, parades and
social events.
2. Mobile foot patrol, is used where
there is considerable foot movement
like patrolling, business and shopping
centers, bars and the like.
Police Geographical unit;
1. Post, fixed position or locations
where an officer is assigned for guard
duty.
2. Beat, smallest area specifically by
assigned for patrol purposes.
BICYCLE PATROL, advantages:
1. Inexpensive to operate
2. Increased mobility and stealth since
bicycle can be operated quietly
3. Effectively used by plainclothesmen
for surveillance in high crimes area
(3)
MOTORCYCLES, primary used for traffic
control enforcement, their speed and
maneuverability make them an
indispensable vehicle in traffic.
Disadvantages of Motorcycle:
1. Relatively high cost to operate
2. Limited used in bad weather
3. Inability to carry additional
equipment or officers
4. The danger involved in riding them
AUTOMOBIE PATROL, this is most
extensively used and the most
effective means of transportation for
police on patrol. It has the greatest in
mobility and flexibility. It provides a
rapid, safe and efficient means of
transportation under average
operating conditions.
Advantages:
1. Provides wider area coverage
2. Provides constant availability for
public calls
3. Provides elements of surprise when
crime is in progress
4. Provides immediate response when
call for service
5. Provides needed protection during
inclement weather and can carry
patrol equipment
6. More economical
7. Less tiresome
HORSE PATROL (Mounted Patrol)
Horse may be used for certain
patrol problems in jurisdictions that
contain large park areas or similar
places where automobile either
cannot go or maybe forbidden.
HELICOPTERS AND FIXED-WING
AIRCRAFT
Excellent for traffic control in
long stretches of highways for search
and surveillance and other special
missions. It is useful for rescue, medical
evacuation, general patrol, criminal
apprehension, crime prevention and
repression, emergency transportation,
surveillance and other activities.
WATER PATROL
This type of patrol is extremely
specialized and is not in great use
except in areas with extensive coasts
or great deal of lake or river traffic.
CANINE (K-9) ASSISTED PATROL
Dogs are especially in high
crime areas, in dangerous search
situations, in dealing with street gangs,
in dispersing a crowd, in searching
alleys, parks schools and other large
building. They are effective in
detecting of hidden objects like drugs
in packages or explosives and
obnoxious substance.
XI- PATROL: WORKING THE SHEET
PREPARATION FOR DUTY
1. Equipment Check
2. Information Check
3. Vehicle Check
COVERING THE PATROL AREA
Street Knowledge:
a. A thorough geographic
knowledge of the patrol area
b. An understanding of the
character, fears, concerns, problems
and attitudes of the local residents
Familiarization with Patrol Area:
1. Know where you are at all times
2. Know all the significant buildings in
your patrol area
3. Study a local map to develop a
broad understanding of the lay-out of
your patrol area
4. Regularly examine crime reports
5. Develop personal contacts
6. Seek information from fellow officers
for important details
RECOMMENDED Patrol patterns:
1. Clockwise pattern, usually done
during the first hours of patrolling
2. Zigzag or Free-Wheeling Pattern,
start at one corner of the patrol area
and work your way diagonally across
to the opposite corner
3. Criss-cross Pattern, similar to
zigzagging
4. Straightway Pattern, easiest to
observe because the patrol officer just
follow the length of the street
5. Cloverleaf Pattern follows the form
of a four-leaf clover, usually done in a
cloverleaf intersection
6. Counter-clockwise usually done
before the tour of patrol duty ends
XII- Communication define.
1. Exchange of information between
individuals, by means of speaking,
writing or using a common system of
signs or behavior
2. Act of giving or sending of
information
3. A means of access or
communications, example a 3. tell stories and remember the past
connecting door
necessity to engage in joint action
played a part.
Communication among animals
Humans are not the only
creatures that communicate; many
others animals exchange signals and
signs that help them find food, migrate
or reproduce. Charles Darwin showed
that the ability of species to exchange
information or signals about its
environment is an important factor in
its survival.
Language
1.ensure survival
2. express ideas and emotions
4. negotiate with one another

Generally it refers to the transfer of Oral (spoken) language is a feature of

thought or idea from one person to every human society or culture.
another.
It may simply means the process of Symbols and Alphabets
sharing ideas, information and
messages with others in a particular Most languages also have
time and place. written form. The oldest records of
Technically, refers to the means or written language are about 500 years
equipment used to exchange a old. Written communications were
thought or idea. made of drawings or markings to
It includes the following: indicate meaningful information
a. talking about the natural world. The earliest
b. writing artificially created visual images that
c. nonverbal communications have been discovered to date are
d. visual communications paintings of mammoths, woolly rhinos
e electronic communications and other ice age animals on cave
walls near Avignon, France.
EVOLUTION OF COMMUNICATION
Communication bet two people Cuneiform, one of the first forms of
is an outgrowth of methods writing and was pictographic with
developed over centuries of symbols representing objects. It
expression. Gestures, the developed as a written language in
development of language and the Assyria (an ancient Asian country in
present-dayIraq) from 3000 to 1000
BC.
☺The oldest known examples of
script-style writing date from about
3000 BC, PAPYRUS SHEETS, found
about 2700 to 2500 BC.
HIEROGLYPHS, another pictographic-
ideographic form of writing.
LOGOGRAPHIC, because the full
symbols or characters each represent
a word. Cuneiform and Egyptian
hieroglyph eventually incorporated
phonetic elements.
DYAD
The most basic form of
interpersonal communication is a
dyad (an encounter or conversation
bet two people) some dyads exist
over a long period of time as in
marriage or partnership.
Communicating well in a dyad
requires good conversational skills.
Group Communication
Public Speaking
ANCIENT METHODS OF
COMMUNICATION
A communication medium is a
means for recording and transporting
message or information. It derives from
the latin word medius, meaning
middle or between. It is a channel or
path for sending a message bet
communicators. A single channel-
such as radio or a book or the
telephone is called medium; media in
plural form meaning more than one.
Semaphore systems (visual codes).
EVOUTION OF MODERN
COMMUNICATIONS SYSTEM
Paper and Printing
PAPYRUS – first lightweight medium
used by the Egyptians that was made
from grasses called reeds.
SILK FABRIC – in the 2nd century AD the
Chinese wrote on silk fabric instead of
wood and developed paper made
from silk fibers.
PARCHMENT OR VELUM – as early as
the 2nd century BC, Europeans wrote
on thin layers of tanned and scraped
animal skins called parchment or
vellum, with quill pen made from birds
feathers.
SCRIBES – copyist and editors who
recorded commercial transactions,
legal decisions and pronouncements
and manuscript copies of religious
books.
BLOCK PRINTING – had already been
developed in Asia by Buddhist monks
in China in about the 8th century. A
similar technique was later used in the
15th century by Europeans to make
illustrations for printed books.
TYPESETTING – a key invention in the
development of printing introduced
by German printer Johannes
Gutenberg steam-powered press was
invented in Germany in the 19th
century.
REVIEW HANDOUT ON POLICE
INTELLIGENCE
INTELLIGENCE DEFINED

INTELLIGENCE - refers to an end
product (knowledge) resulting from
the recording evaluation, and
analysis, integration and interpretation
of the information. It is also an activity
involve in the production of that end
product which includes collection,
processing, dissemination and use of
the knowledge.
command and aids achieving
surprise.
POLICE INTELLIGENCE DEFINED
It is a recorded intelligence of
police units regarding violations of the
penal and special laws of the land,
not necessarily restricted to the
criminal aspect. It can also include the
other broad categories of intelligence
in the interest of public safety.

BROAD CATEGORIES OF INTELLIGENCE Other use to define it as:

a. NATIONAL INTELLIGENCE- Evaluated and interpreted
Integrated product of intelligence information concerning original crime
developed by all government and other major problems. In a sense
departments concerning the the principles in intelligence like
broad aspects of national policy timeliness, flexibility, foresight and
and national security. security remain constant and become
b. DEPARTMENTAL INTELLIGENCE- the cardinal principles by which major
intelligence required by an agency decisions are influences whether in
or department of the government planning for broad crime prevention
in order to execute its mission and program in the police.
discharge its responsibilities.
c. MILITARY INTELLIGENCE- OTHER DEFINITION OF TERMS RELATED
intelligence used in the TO POLICE INTELLIGENCE
preparation and execution of INTELLIGENCE- is an end product of
military plans, policies and knowledge resulting from the
programs. It encompasses three evaluation, analysis, integration and
broad fields. interpretation of information.
1. Strategic Intelligence-
knowledge pertaining to INFORMATION- is the material of every
capabilities, vulnerabilities and description, which is used in the
probable courses of action of production of intelligence it includes
foregone nation. facts, observations, report,
2. Combat Intelligence- used in documents, etc.
planning and conduction
tactical and administrative INTELLIGENCE CYCLE- It is a repetitive
operations. It is concerned with process used to produce intelligence
information about fine weather, from information.
enemy people and terrain.
3. Counter Intelligence- denies NATIONAL INTEREST- is the general and
information to the enemy continuing interest and for which a
increases the security of the nation acts. It is the totality of
goods and aspiration, which nations
pursue.
COLLECTION AGENCY- It is any person,
unit, or activity that collects and/or
processed information by research,
surveillance, or the exploitation of the
source information.
PRIORITY INTELLIGENCE REQUIREMENTS-
PIRs are those intelligence
requirements for which the police
executive has an anticipated and
stated priority in his task of planning
and decision making. They are the
highest intelligence requirements, and
basis for intelligence operations, and
are personally approved by the
policies executive.
OTHER INFORMATION REQUIREMENTS-
OIRs are those items of information
regarding the criminals and/or
subversives, and his environment
which needs to be collected and/or
processed in order to meet the
intelligence requirements of the police
executives.
SPECIFIC ORDERS AND REQUEST- SORs
are the product of the requirements
analysis that is required by the
collection units and/or agencies in the
form of orders or request.
INTELLIGENCE INDICATOR- are
generalized theoretical actions that
criminals and/or subversives might
be expected to take preparation for
aggressive actions, and that are things
and/or events that transpired in the
past or thongs and\or events that are
presently occurring.
POLICE INTELLIGENCE ESTIMATES- a
police intelligence estimates is a study
which describes, discusses, and
interprets the current crimes and/or
subversives situation in order to
determine organized crimes and/or
insurgents capabilities, vulnerabilities,
and probable courses of actions. It
also describes the effect of the area
of operations upon police and
criminal elements and/or subversive
groups’ courses actions.
SURVEILLANCE - the observation of a
person, place or thing, generally but
not necessarily in an unobtrusive
manner.
SUBJECT - the party under surveillance.
SURVEILLANT - the person conducting
the surveillance.
STAKEOUT- also called a plant or fixed
surveillance; here the surveillant
remains essentially in one position or
locale.
TAIL - to follow and keep under
surveillance; surveillance.
UNDERCOVER - an undercover agent
who often gets to know or work along-
side the subject. The term roping
describes this situation, and the
undercover agent is said to be
planted.
CONVOY- a countermeasure to
detect a surveillance; a convoy,
usually a person, is employed to
determine whether or not a subject is
under surveillance.
SHADOW - to follow secretly; to place
a person under surveillance.
BE MADE- to be detected or
suspected of being a surveillant by the
subject.
BURN THE SURVEILLANCE- when a
surveillants’ behavior cause the
subject to surmise or know that he or
she is under surveillance.
CLOSE SURVEILLANCE- the subject is
kept under constant surveillance. Also
termed tight surveillance, the aim is
not to lose the subject even at the risk
of being “made”.
FIXED SURVEILLANCE- similar with
stakeout.
MOVING SURVEILLANCE- the surveillant
moved about in order to follow the
subject.
LOOSE SURVEILLANCE - a cautious
surveillance; also termed discrete
surveillance because the loss of the
subject is preferred to possible
exposure.
OPEN SURVEILLANCE - surveillance with
little or no attempt at concealment;
also termed rough surveillance. The
subject is most likely aware of the
surveillance, but must not be lost.
MUSTARD PLASTER - a form of open
surveillance; here, the subject is
followed so closely that surveillant
and subject re almost in lock step. It is
tantamount to protective custody.
PLANT - similar with stakeout and
undercover.
TAILGAITING- a form of open
surveillance in which the subject’s
vehicle is closely followed.
TECHNICAL SURVEILLANCE-
surveillance involving the use of
scientific device to enhance hearing
or seeing the subjects activity.
BUGGING- eavesdropping by
electronic means, such as hidden
microphone or radio transmitter; bug-
a device used for such
eavesdropping.
PEN REGISTER- a device that records
all numbers dialed on a telephone
company’s central office.
BEEPER- a battery operated device
that emits radio signals which permit it
to be tracked by directional finder
receiver. It is also called beacon,
transponder, and electronic tracking
device.
CASING- it is the visual inspection of
an area, installations or building to
determine its suitability for operational
activities, e.g., safe house, meeting
place for agents and their contacts,
establishment of communications net,
training ground for agents, intended
raids and/or seizures of
evidence, or simply keeping track with
the activities of certain area.
COVER- it is means by which
individual, group or organization
conceals the true nature of the
activities, and existence from the
observer.
ORGANIZATIONAL COVER- it is an
account consisting biographical data
which when adopted by individual
intelligence operatives will assume the
personality he wants adopt.
UNDERCOVER ASSIGNMENT- it is an
investigative technique in which a law
enforcement agent conceals his
official identity in order to obtain
information from the target
organization.
INFORMANT- it is an individual who
openly or secretly obtain or assist in
obtaining information for intelligence
and counter-intelligence purposes in
exchange for some recompose,
monetary or otherwise.
PERSONNEL SECURITY- it includes all
the security measures designed to
prevent unsuitable individuals or
persons of doubtful loyalty to the
Philippine Government, from gaining
access to classified matter or to any
security facility, and to prevent the
appointment, employment, or
retention as employees of such
individuals.
PERSONNEL SECURITY INVESTIGATION-
it is an inquiry into the character,
reputation, discretion and loyalties of
an individual in order determine a
persons’ suitability or access to
classified matter prior to the granting
of security clearance. Put it in another
way, it is the process of inquiring
into persons’ suitability to be given
security clearance.
SECURITY CLEARNACE CERTIFICATE-
the certification by a responsible
authority that the person described is
cleared for access to classified matter
at the appropriate level.
PERSONAL HISTORY STATEMENT- this is
form to an individual who is being
processed for a security clearance.
The form calls for pertinent date and
information on the various aspects of
a subject’s personal life.
DOCUMENT- any recorded information
regardless of its physical form or
characteristics, including but not
limited to the following; written matters
whether handwritten, printed or
typed; all painted, drawn or
engraved matters; all sound and
voice recordings; all printed
photographs and exposed or printed
films, still or moving; and all
productions of the foregoing for
whatever purpose.
CLASSIFIED MATTER- information or
material in any form or of any nature,
the safeguarding of which is
necessary in the interest of national
security. The term “classified
information” includes all
information concerning documents,
cryptographic devices, developments
projects, and materials.
NEED-TO-KNOW AND
COMPARTMENTATION-
Need to know is the term given to
those persons whose official duty
requires knowledge or possession of
intelligence or information.
Compartmentation is the granting of
access to classified document or
information only to properly
cleared persons.
SECURITY OFFICERS- it is properly
trained and cleared individual who
assists the head of the Department on
discharging the responsibilities of
safeguarding classified documents,
and materials of confidential nature.
RE-GRADING OR DECLASSIFY- this
refers to the act of changing the
assigned classification of a document,
material or information, and as part of
the process, it involves notifications of
cognizant authority.
NATIONAL SECURITY- relates the
protection and preservation of the
police, military, economic, and
productive strength of the country.
MILITARY INTELLIGENCE- is an
intelligence used in the preparation
and execution of military plans,
policies and programs.
TACTICAL INTELLIGENCE- military
intelligence used in planning and
conducting of tactical and
Administrative operation.
STRATEGIC INTELLIGENCE - the
knowledge pertaining to capabilities,
vulnerabilities, and probable
course of actions of foreign nation for
use of national leaders in the planning
and execution of national security.
INTELLIGENCE COMMUNITY – refers to
the agencies and organization of
government, which have intelligence
interest or responsibilities.
PRODUCTION OF INTELLIGENCE – the
process by which information is
transformed into finish intelligence
data.
SELECTION OF INFORMATION – method
by which information is wide available
to appropriate researcher for
examination.
RECORDING INFORMATION – handling
all reports, documents, or other
materials and reducing them into
some form of journal, situation map,
worksheet and/or horse.
ORGANIZED CRIME – this is the
combination of two or more persons
for the purpose of establishing by
terror or corruption in the
city/community or section of either a
monopoly or virtual monopoly of
criminal activity in a field that provides
a continuing financial profit.
CRIMINAL WORLD – the social
organization of the criminals is termed
as the underworld. The underworld is a
world in itself part, having its own
social classes from the hobo to the
moneyed gangsters and racketeers.
CRIMINAL SYNDICATE – it is a stable
business with violence applied and
directed at unwelcome competitors. It
is a merger of capitalists or financiers,
entered in, to for the purpose of
prosecuting a scheme requiring large
resources of capital, especially one
having the objectives of obtaining
control in the market of particular
commodity. A criminal syndicate
therefore, is engaged in any illegal
and unlawful activity.
THE OBJECTIVE, CONCEPT AND
CLASSIFICATIONS OF INTELLIGENCE
A. The Intelligence as a process is an
activity, which treats processed
information as a basis for
departmental policy and decision.
Processing Information may be
defined as the step in the intelligence
cycle whereby information
becomes intelligence. Processing
involves three operations and they
are:
1. Recording – It is the process of
reducing, it-information in writing or
some forms of geographical
representation and the grouping
together of related items.
2. Evaluation – It is a critical appraisal
of information as a basis for its
subsequent interpretation.
Evaluation includes determining
the pertinence of the information,
the reliability of the source and
agency through which the
information was derived and its
accuracy.
3. Interpretation – Determining the
significance of the information with
respect to what is already known
and it draws conclusions as to the
probable meaning of the
evaluated information. It is the
result of critical judgment involving
analysis, interrogation and forming
of conclusions.
B. Intelligence as an organization is an
institution composed of persons who
pursue a special kind of knowledge
for the purpose of planning the
collection of information, processing
and dissemination of intelligence
relating to organized crime, vice,
integrity of member’s of theintegrated
police (now national police),
subversion and insurgency activities,
persons and conditions that
promote disturbance to peace, and
order and other.
TWO GENERAL FORMS OF POLICE
INTELLIGENCE
1. UNDERCOVER INTELLIGENCE – this
concerns the various types of
confidential information that
filter into the possessions of the
police, and the techniques
employed in developing these
lines of information. Frequently,
these types of intelligence in the
hands of detective and
patrolmen plays an important part
in the solution of individual criminal
cases and the apprehension of
wanted persons, but with it, this
study is concerned directly.
2. DEPARTMENT INTELLIGENCE – of far
greater import in the project of
control and prevention is
departmental intelligence upon
which administration must rely as of
the most indispensable tools of
management. It is derived from
organized information available in
the police cords division, which is
concerned with the nature, size,
and distribution on the police
to, which the police records are
properly maintained and
processed is directly related to
administrative performance and it
is a principal determining factor in
the quality of police service
delivered to the community.
CONDITIONS THAT VITALITY AFFECT
POLICE ORGANOZATIONS AND
STATION
1. Condition in the community
relating to rime, vice and public
opinion. The following questions
determine the above conditions:
a. Is organized crime entered in his
community?
b. Have ex-convicts and other
questionable characters received
licenses to operate liquor
establishments and to engage in other
activities attractive to criminal
elements?
c. Are criminals flocking to his city; is it
a hideout for fugitives and hangout for
racketeers and other criminal?
d. Are gambling and prostitution
rampant, and is the city haven of
narcotic addicts and pushers,
racketeers?
e. Are criminals connected with the
agencies engaged in the
administration of criminal justice;
including the members of his own
force?
f. At is the nature and scope of the
influence exerted by the press, the
legislators, the politicians and other
individuals and groups in the city?
Some of these effects are
reflected in the police records, but the
chief must have first-hand information
if he is to operate successfully.
2. The integrity of the force Breaches
of integrity are frequently related to
vice and organized crime and may
consequently be discovered when
these conditions are investigated.
The determination of the integrity
of the force involve an
investigations of personnel;, but it
will necessarily duplicate or
interfere with the investigations
programs if it restricted to
investigations intended to discover
and established by evidence the
existence of graft and moral
turpitude in the department.
3. The quality of operation in his
force and the conditions of
personnel and materials.

Again the following questions may
greatly affect operation of the
intelligence department in the locality:
a. Are the department rules and
regulations are being observed
and operating procedures
followed?
b. Are operations executed as
planned and are department
procedures operating
satisfactorily?
c. Are equipment adequate and in
goo conditions and properly used?
d. Is morale affecting work?
e. Is training adequate?
f. Are public relations satisfactory?
g. Are personnel-administrator
procedures suitable?
h. Is each organizational unit
operating satisfactorily and is any
part of the police job being
neglected?
C. For purposes of classification,
intelligence information which is
primarily long range in nature with little
or no immediate practical values is
classified a strategic intelligence. The
Intelligence activity, which deals with
defending of the organization against
its criminal enemies, can be classified
as counter intelligence. The type of
intelligence, which is of an immediate
nature and necessary for more
effective police and operations, is line
intelligence.
For purposes of classifications,
intelligence may be classified into the
following:
1. STRATEGIC INTELLIGENCE – disseminate vital information
Intelligence information which is
primarily long-range in
nature with little or no
immediate practical value.
2. COUNTER INTELLIGENCE – the
type of intelligence, activity that
deals with defending of the
organization against its criminal
enemies.
3. LINE INTELLIGENCE – The type of
intelligence which is of an
immediate nature and
necessary for more effective
police planning and operations.
FORMS OF INTELLIGENCE
The two methods of collection
of information for the production of
intelligence are overt and covert.
These forms are descriptive of the
manner by which raw information is
gathered. It is OVERT if the information
or documents procedure openly
without regards as to whether the
subject of the investigation become
knowledgeable of the purpose or
purposes for which it is being
gathered. It is COVERT if the
information is obtained without the
knowledge of the person against
whom the information or document
may be used, or if the method or
procurement is done not in an open
manner.
OVERT – involves those openly
conducted by intelligence personnel
such as research and liaising;
COVERT - Intel activities
undertaken clandestinely in order to
get the necessary information not
available to open source.
AIMS OF INTELLIGENCE
1. Collect, evaluate and
pertaining to criminal/subversive
activity and doings of enemy
spies;
 2. Detect, prevent and neutralize
enemy sabotage effort and
propaganda;
3. Gather information regarding te
policies, strategies plans,
economic policies and military
strength of other nations;
4. Obtain knowledge concerning
inter-nations plans and feelings
of the citizens at home or
abroad;
5. Obtain proper evidence for the
prosecution of treason,
rebellion, insurrection and other
criminal activities;
6. Hamper hostile operations and
mold the opinion and feelings of
the citizens home or abroad.
PRINCIPLES OF INTELLIGENCE
1. TIMELINESS – intelligence must
reach the user in time to serve,
as basis for appropriate action.
2. COMMANDER’S NEED – intelligence shall assist the
intelligence must fit the need of
the commander.
3. PRINCIPLE OF PLANNING –
principle of intelligence which
requires careful and thorough
settings of ideas.
4. AN IN’TEGRAL PART OF MILITARY
OPERATION – intelligence
activities’ are made part of
military operations.
5. FLEXIBILITY – intelligence
activities based on reasons and
judgment, and not on fixed
procedures
6. IMAGINATION AND
RESOURCEFULNESS – are
essential for successful
intelligence operation.
7. PRINCIPLE OF SECURITY – any
thing placed between, thing
protected and potential
intruder;
8. PRINCIPLE OF CONTINUITY –
intelligence activities follow a
single continuous cycle.
9. NEED TO KNOW – knowledge for
those who have an area of
interest/influence and
according to the needs of an
authorized of an individual.
10. COMPARTMENTALIZATION –
intelligence is not disseminated
to an individual or unit due
some restrictions as required by
the commander.
THE NATIONAL POLICE INTELLIGENCE
A. At the Zone Level (Now
Regional)
The assistant chief of staff
for intelligence Zone 2 (Now R-
2), in this concurrent capacity
as assistant director for the
director on matters pertaining to
the management, coordination
and supervision of police
intelligence in the zone/region.
He shall be responsible to the
director for the organization
and maintenance of an
appropriate intelligence unit
and its employment within the
area. On the provincial level,
the provincial commander (now
Provincial director) in his
concurrent capacity as police
superintendent of the province
shall be responsible to the
Regional Director (formerly Zone
Commander) on matters of
intelligence pertaining to the
province to include
employment of intelligence
 personnel in the police districts 6. Auxiliaries refer to the unarmed
and stations. volunteer units, which prove the
B. The National Police (formerly free services.
Integrated Police) 7. Barangay Leaders refer to the
Intelligence set-up aside elected/appointed leaders holding
from its built-in organic duly constituted barangay
information collection system positions all over the country.
shall, in coordination with
military supervisors in control of C. THE INTELLIGENCE UNIT
the Civilian Home Defense Units An Integrated Police
(CHDF) (now more known as Intelligence Unit (now Regional
CAFGU) utilize the information Intelligence Office {RIO}) shall be
network and information organized at every region to support
gathering capabilities of the intelligence requirement of the
paramilitary units which will Regional Director. The Greater Manila
include the following groups Area (Now National Capital Region
defined to wit: Police Office) will, for this purpose is
1. Special Provincial Guards refer to considered a Region with the same
civilian volunteers who are intelligence set-up as in the other
appointed to augment the regular zone/region.
provincial guards, for purposes of The National Police
operation against lawless elements Intelligence shall be based on the
2. Special City/Municipal policemen general guidelines from the
refer to civilian volunteers Headquarters of the Philippine
appointed to augment regular City National Police, Police Intelligence
Municipal Police for the purposes Unit at the regional level shall be
of operation against lawless organized and operated under the
elements. functional grouping of the Assistant
3. Armed Civilian Components refers Regional Director for the intelligence,
respectively to the CAFGU while police intelligence elements of
(formerly CHDF), Special Provincial the respective regions at the
Guards, and Special provincial and districts levels shell
City/Municipal Policemen, who are coordinate with other government
civilian volunteers duly appointed intelligence agencies as necessary
by proper authority. pertaining to mutual areas of interest
4. Local Security Agencies refer to (tis paragraph contain slight
the licensed private security modifications based on the present
agencies operating in the locality. set-up of the PNP organizations).
5. Special Law Enforcement Agencies OPERATION OF NATIONAL POLICE
refer to the national law INTELLEGENCE COVERAGE
enforcement agencies operating Modification done due to the
in the locality such as NBI etc. reorganization of the PC/INP making
them a National Police
 a. The National Police Units shall
employ overt and covert
operation depending upon the
nature of the police problems
involved. Only selected and
property trained personnel shall
be employed for police
intelligence work.
b. Police intelligence coverage
and activities shall be directed
primarily towards the detection,
identification, neutralization and
negation of criminal and/or
activities that promote
disturbance to peace and
order and other
current/potential police
problems.
c. The national police intelligence
units shall further perform other
intelligence coverage directed
by the higher authorities.
Because of the different
between the techniques that must be
used, separate personnel should be
employed to discover conditions
within the city and the integrity of the
force, and on the other hand the
quality of police operations and the
conditions of personnel and material.
Undercover operations are required to
check on crime conditions and the
integrity of the force, while the facts
about the police administration may
be established by open inspection.
A commander of any police
station finds it difficult to ascertain vice
and organized crime conditions in his
community and the integrity of his
force except by using an intelligence
unit working directly under his deputy.
As INTELLIGENCE UNIT normally
should have no enforcement
responsibility. It may conduct the
investigation of special, cases as
required by these men at the top:
1. THE HEAD
A man in whom the chief
has complete confidence should
head the intelligence unit. If, for
any reason. It is impossible to
secure this type of responsible
person to head the intelligence
unit. It is better not to have such
unit. Information with which he
does not have confidence is of no
value to the station commander,
the position should be established
without regard to the civil service
rank of the incumbent; it should
carry a suitable salary and
provision permitting the
commander to return the
incumbent to his former rank when
his usefulness becomes unpaired.
2. OPERATION
The intelligence unit
should operate secretly and in as
much the same manner as the
vice division. It should be furnished
the necessary number of carefully
selected policemen and ample
funds to permit the employment of
qualified undercover investigators.
Disbursement procedures should
be established that will afford
suitable safeguard to the unit
commander and to the members
of the unit against charges of
misuse of funds.
3. REPORTS
It is even more important
that the unit commander be
informed of the activities of this
unit than of the operating divisions
in the department. The delicate
nature of the investigative task
 makes imperative suitable caution
in reporting to the commander,
and he any refer, pending the
conferences, rather than in the
form of formal reports, the
safeguarding to the unit
commander and to the members
of the unit against charges of
misuse of funds.
4. TASKS
The intelligence unit will
be primary concerned with
organized crime, it is no the task of
this unit to arrest persons with
organized crime, it is NOT the task
of this unit to arrest persons quality
of participating in a criminal
activities but RATHER to finish the
commander with the necessary
facts so that he mat place them
before the division responsible for
their correction as the proper
action; unless there is evidence
that police personnel of that
division may be involved in the
criminal activities. The
commander concerned should
NOT REVEAL the source of his
information when discussing the
situation with his operating
personnel. He should invariably
demand an explanation for their
failure to discover the conditions
reported and to take remedial
actions. The intelligence unit is
concerned with the nature of the
criminal organizations rather than
with its individual criminal acts and
it should be established the
identity of all persons who are
involved in any way in the
ramifications of its operation.
5. STATISTICAL INTERPRETATIONS OF
RECORD DATA
The intelligent planning
and execution of police operation
must of necessity be predicated
upon critical estimate of the
situation, involving expert
statistical interpretations of the
record data. In complex
undertakings performed by men
precision and certainly in action
and control over far-flung
operations can be achieved only
with the assistance of scientific
record controls. In the detection
and analysis of emerging situations
and in the identification of the
police where the preventive work
of the police station may be
focused, the strategic position of
the police record system again
becomes apparent.
6. INTEGRITY OF THE FORCE
The course of
investigation of persons engaged
in organized crime, the intelligence
unit may discover leads to the
members of the force to justify
intensive investigations. Such
discoveries should be reported
immediately by the head of the
unit directly to the commander so
that the latter may inform and be
able to prepare necessary action
should evidence be uncovered
definitely incriminating a member
of his command.
INFORMATION PROCESSING AND
DISSEMINATION OF INTELLIGENCE
A. As a rule, initial recording,
evaluation and processing of
information will be made at the
lowest collection intelligence
agencies at the station levels. LINE
INTELLIGENCE produced at this
level may be disseminated to lower
 and adjacent agencies/units on a. Classified documents and/or
the need to know basis only. information Restricted,
Dissemination to higher Confidential, Secret, and Top
headquarters, provincial, regional Secret shall be handled in
and major service level will be accordance with prescribed
accompanied by other security regulations.
information, data and documents b. Proper selection, screening and
gathered that normally would be conduct of personnel security,
processed at higher headquarters. investigation shall be made of
B. The following standards prescribed all Police Intelligence personnel.
codes of evaluation as to source c. Security and Inspection of all
and as to information shall be buildings, jail, fire unit, including
indicated on all information armories, explosives and ammo
forwarded or disseminated. dumps occupied, rented-
SOURCE leased, or owned by the police
Completely Reliable ……….. A department shall be prescribed
Usually Reliable ……………. B and conducted as the head of
Fairly Reliable……...……. C the PNP may direct.
Not Usually Reliable……………. D COORDINATOR AND LIAISON
Unreliable ……………………. E A cardinal principle of Police
Reliability Unknown …… F Intelligence at all levels is the proper,
economical, and most productive use
USES - Intelligence must be of personnel, resources and
adequate for the use. To which it is to equipment employed and/or utilized
be put. Intelligence must increase in planning, the collection of
knowledge and understanding of the information and dissemination of
particular problem under information, processing of information
consideration in order that a decision and dissemination of intelligence. To
could be reached. A throughout pursue this end, heads of the national
understanding of the nature of the police office in the regional,
problem or the commander’s vision is provincial, district and station levels
essential for production of useful shall maintain a harmonious working
intelligence. relationship with military and other
DISSEMINATION - Intelligence must be civilian intelligence agencies. Liaison
TIMELY. The best intelligence is with these agencies will be
valueless unless it reaches the user in encouraged at all times and as
time to serve as a basis for necessary to effect coordination of
appropriate action. Dissemination intelligence coverage to minimize or
therefore, must be timely. Timeliness eliminate overlapping duplications of
may involve some sacrifices of intelligence operations.
completeness and accuracy the CARDINAL PRINCIPLES OF POLICE
intelligence product. INTELLIGENCE
SECURITY 1. Proper
2. Economical
 3. Most productive use of c. Determine the follow-up deeds
personnel resources and leads and help in the solution of
equipment employed and/or individual criminal cases;
utilized in planning and d. Identity criminal elements and
collection of information, the other law breakers as well as
processing of information, their associates;
processing of, and e. Assist in the arrest of wanted
dissemination of intelligence. criminals and those wanted
Towards this end, heads of the under RA 1700 otherwise known
national police units in regional, as anti-subversion act;
provincial, district and station levels f. Check on the quality and
shall establish rapport in order to effectiveness of the operation
maintain a harmonious working of the national police forces;
relationship with military and other g. Check on the security
civilian intelligence agencies. Rapport conditions of the national,
will let the INTRADEPARTMENTAL LAW police personnel, funds,
ENFORCEMENT AGENCIES OF THE equipment’s and materials;
GOVERNMENT unloose flood h. Help in crime control and
information, while strained relationship prevention, and
will make the other agencies i. Serve as a tool of management
concerned be reluctant to give and for planning and organizational
coordinate the desired understanding and improvement purpose
and corporation.
Liaison with this agencies will be CONCEPTS OF THE
encourage at all time and as THE CRIMINAL JUSTICE SYSTEM
necessary to effect coordination of
intelligence to minimize or eliminate
overlapping duplication of ☺CRIME IS MULTI-FACETED
intelligence operation.  a social problem,
 a political problem,
PURPOSE OF Covert and Overt  a spiritual problem, and
Intelligence an economic problem
a. Check the condition in the
community relating to crime, “The process in a community by
vice, juvenile delinquency and which a crime is investigated, and the
person(s) suspected for the
indication of subversion and commission thereof is/are taken into
insurgency; legal custody for prosecution in court
b. Determine through counter- and for punishment, if found guilty,
with provisions being made for the
intelligence application matter correction and/or rehabilitation of the
pertaining to personnel security, offender(s) to ensure renewed
physical security and assimilation into mainstream society
after service of sentence”.
documents security of the
police organization;
FIVE (5) PILLARS OF THE CJS

A. LAW ENFORCEMENT
- members of the Philippine
National Police (PNP) - prime enforcers
of the law
- members of the National Bureau
of Investigation (NBI) - which is under
the Department of Justice
I. The Philippine National Police
Creation/Nature/Powers and
Functions.
The 1987 Philippine Constitution
itself mandates that there should be
one police force that is national in
scope and civilian in character, and
on the basis of this constitutional
precept, Republic Act No. 6975
created thePhilippine National Police
as the premier law enforcement
agency that has the following powers
and functions
a. Enforce all laws and ordinances
relative to the protection of lives and
properties;
b. Maintain peace and order and
take all necessary steps to ensure
public safety;
c. Investigate and prevent crimes,
effect the arrest of criminal offenders,
bring offenders to justice and assist in
their prosecution;
d. Exercise the general powers to
make arrest, search and seizure in
accordance with the Constitution and
pertinent laws;
e. Detain an arrested person for a
period not beyond what is prescribed
by law, informing the person so
detained of all his rights under the
Constitution;
f. Issue licenses for the possession of
firearms and explosives in accordance
with law;
g. Supervise and control the
training and operations of security
agencies and issue licenses to
operate security agencies, and to
security guards and private
detectives, for the practice of their
profession; and
h. Perform such other duties and
exercise all other functions as may be
provided by law.
II. The National Bureau of
Investigation (NBI)
Creation.
The National Bureau of
Investigation saw its inception on 13
November 1936 upon approval of
Commonwealth Act No. 181 by the
legislature. It was the brainchild of the
late President Manuel L Quezon. It
was first organized as a Division of
Investigation (DI) patterned after the
United States Federal Bureau of
Investigation.The Bureau assumes an
increasingly significant role as a law
enforcement agency, thus, on 19
June 1947 and by virtue of Republic
Act No. 157, it was reorganized into
the Bureau of Investigation.
The law was later amended by
Executive Order No. 94 issued on 4
October 1947 renaming it into what it
is presently known i.e. the National
Bureau of Investigation.
The National Bureau of Investigation is
presently under the Department of
Justice performing the principal
functions of detecting, investigating,
and prosecuting crimes towards the
end of preventing criminality. Among
the activities the NBI conducts are:
o to detect and investigate crimes;
o to investigate civil or administrative
cases of interest to the gov’t upon
request;
o to act as the national clearing
house of criminal records and other
information;
o to give technical assistance to all
prosecuting and law enforcement
agencies, to the courts, and even to
litigants;
o to maintain a crime laboratory and
to conduct research;
o to coordinate with the PNP and
other law enforcement agencies in
the investigation of crimes;
o to collect intelligence date and
coordinate even with other
international intelligence agencies;
o to assist in the implementation of
the Dangerous Drugs Law.
The National Law Enforcement
Coordinating Committee (NALECC)
- Law Enforcement Coordinating
Committees provides cooperation
and inter-agency coordination
among all law enforcement agencies
in the Philippines
- Law Enforcement Coordinating
Committees are organized firstly on a
national level known as the National
Law Enforcement Coordinating
Committee (NALECC).
- Counterpart committees are also
established in the regions and in the
provinces
LECCs have the following duties
and functions :
a. Serve as a forum for dialogue
and coordination among the gov’t
agencies engaged in the
enforcement of general and special
laws;
b. Coordinate policies /
procedures in order to facilitate
cooperation and integration of efforts
among member-agencies and ensure
a unified direction in the suppression
of criminal activities;
c. Identify priority areas for
coordinated joint law enforcement
activities;
d. Prepare and submit to the
Chairman of the Peace and Order
Council for
consideration/implementation, basic
strategies / plans which shall outline
the enforcement facet of the peace
and order campaign as well as
delineate policies and thrusts in the
effective implementation of law
enforcement function.
IV. The Peace and Order Councils
(POCs)
Peace and Order Councils are
created as avenues for inter-agency
coordination relative to the country’s
peace and order problems.
The Peace and Order Council is
organized on a national level (NPOC)
with counterpart councils at regional
levels and provincial levels. The NPOC
has the following functions :
a. To prepare and recommend for
the approval of the President
proposals, measures, thrusts, and
strategies that would effectively
respond to peace and order
problems;
b. To coordinate and monitor
peace and order plans, projects, and
operations of Civilian Volunteer Self-
Defense Organizations and such other
counter-insurgency programs and
activities;
To perform such other duties and
functions
B. PROSECUTION
National Prosecution Service
o the prosecution arm of the
government
o composed of Provincial
Prosecutors, City Prosecutor,
Regional Prosecutors, and State
Prosecutors
o placed under the supervision
and control of DOJ.
o Private lawyers should also be
deemed part of the CJS Prosecution
Pillar because they already represent
the parties (the complainant or the
respondent) even in proceedings
before the Prosecutors. So also, public
defenders - such as the members of
the Public Attorneys Office (PAO) and
other Legal Aid Lawyers (IBP, CLAO,
FLAG, MABINI, UP, UST, etc.) - should
also be considered as part of the
Prosecution Pillar.
C. JUDICIAL) COURTS
The final determination of innocence
or of guilt is done by the Judicial
Component (the Courts) through the
adjudication of criminal cases.
Suffice it to say that, in the context of
the Criminal Justice System, after a
suspect has passed through the
Prosecution Pillar, he is sent to the
proper court of justice which shall
belabor itself in determining either
innocence or guilt.
D. CORRECTIONS
This pillar undertakes the
reformation of offenders. The
rehabilitation of offenders is aimed
towards their eventual assimilation into
society.
The key government agencies
responsible for institutional correction
are the following :
1. The Bureau of Corrections.
- Charged with the custody as
well as with the rehabilitation of
national offenders, that is, those
sentenced to serve a term of
imprisonment of more that three (3)
years.
2. Provincial Jails
- All provincial jails in the
country are placed under the
respective provincial governments
pursuant to the provision of Section 61
of Republic Act no. 6975 which states :
“x x x The provincial jails shall be
supervised and controlled by the
provincial government within its
jurisdiction x x x.”
3. Municipal Jails/City Jails
- Municipal Jails and City Jails,
on the other hand, are administered
by the Bureau of Jail Management
and Penology (BJMP) created also
under RA No. 6975. BJMP is placed
under the Department of the Interior
and Local Government. BJMP is
mandated to establish jails in
every district, city, and
municipality and to maintain secured,
clean, adequately equipped, and
sanitary jails for the custody and
safekeeping not only of city prisoners
and municipal prisoners but also of :
fugitives from justice, detainees, and
violent/mentally illpersons (Section 63,
RA No. 6975).
E. COMMUNITY
- After convicts have passed
through the Correction Component -
either unconditionally (as by full
service of the term of imprisonment
imposed on them), or by parole, or by
pardon - they revert to the
COMMUNITY and either lead normal
lives as law-abiding citizen in their
barangays or regrettably commit
other crimes and thus go back
through the same stages of the
Criminal Justice System.
- The community at large - through
the appropriate legislative agencies,
public and private educational
institutions, parents and guardians,
churches, religious organizations, civic
associations, etc. - develops and
exacts conformity with acceptable
moral and ethical values, creates the
environment for the development of
civic-spirited citizens, and fosters
respect for and observance of the
Rule of Law.
- In particular, members of the
community having knowledge of facts
relevant to the investigation or
prosecution of crimes, are expected
to cooperate with law enforcers and
investigators, by reporting crimes and
giving evidence against the offenders.
- Attorneys in private practice,
or pertaining to associations
committed to giving legal aid to
indigent or otherwise deserving
individuals, should be reckoned as
part of the fifth component of the CJS,
the community. They participate
directly or indirectly in the Criminal
Justice System by rendering legal
advice to, or representing, persons
involved in criminal actions before the
duly constituted authorities.
- The Community Component
should also include key government
institutions that play bit, albeit,
important roles in the CJS, such as the
Bureau of Posts which delivers court
documents, notices, and other
processes; the Bureau of Immigration
& Deportation which may prevent the
departure of suspects from the
country; the Bureau of Telecom which
transmits communications by
telephone, telegram, or radio; and
government hospitals and
medicalcenters (like the
NationalPsychopathic Hospital) which
furnish experts who may enlighten the
courts on issues involving medicine,
surgery, or other sciences. Private
institutions and civic organizations
should also be deemed part hereof
since they may also have significant
roles to play in Criminal Justice System.
- Of late serious efforts have
already been started by the Philippine
National Police, in cooperation with
the Department of Interior and Local
Government to better empower the
barangays (the smallest political unit
in Philippine Society) as well as other
sectors of the community so that they
may serve the Criminal Justice System
more comprehensively. This in line with
the Community Oriented Policing
System being adopted by the PNP
pursuant to the provision of Section 2
of Republic Act. No.8551 (which
amended RA No. 6975) which
declared that : “The PNP shall be a
community and service oriented
agency responsible for the
maintenance of peace and order
and public safety."
Importance of Coordination
- It should now be evident that
the Philippine Criminal Justice System
is not just the agencies charged with
law enforcement; not just the
prosecution armof the government;
not just the courts; nor just the
correctional system, nor just
thecommunity, The Criminal Justice
System is all of these “pillars”
considered collectively.
- So also, it should now be
obvious that, for an efficacious
Criminal Justice System to work
speedily, it is essential for all these five
(5) pillars to work with dispatch and in
full coordination with each other. Any
perceived failure of the CJS in a
particular given case due to some
deficiency in one pillar cannot be
blamed upon any of the other pillars.
INDUSTRIAL SECURITY MANAGEMENT
RA no. 5487 - (as amended by PD no.
11) - Private security agency law.
TERMS
Private Detective Agency - is any
person who for hire or reward or on
commission conducts or carries on or
holds himself out as conducting or
carrying on a detective agency or
detective service.
Private Detective - any person who is
not a member of a regular police
agency or armed forces who does
detective work for hire,reward or
commission.
PADPAO - Philippine Association of
Detective and Protective Agency
Operators.
Watchmen/Security Guard - person
who offers or renders personal service
 to watch or secure either residential or 4. habitual drunkard
business establishment or both or any  An elective or appointive government
building,compound or area for hire or employees who may be called upon
compensation or as an employee on account of the function of their
thereof. respective offices in the
implementation and enforcement of
Security Agency - any person, the provision of RA 5487 and person
association, partnership or corporation related to such government
who recruits, trains, muster ,furnishes, employees by affinity or consanguinity
solicit individuals or business firms, in the third civil degree shall not hold
private or government owned or any interest, directly or indirectly in
controlled corporation to engage his any security guard agency.
services or those of its watchmen.
Basic Qualification of a security Guard
Who May Organize Security Agency 1.Filipino citizen
1. Any Filipino Citizen or a corporation, 2. High school graduate
partnership or association. 3. Physically and mentally fit
2. With a minimum capital required by 4. Not less than 21 nor more than 50
law. years old
In case of corporation, association, or 5. At least 5'4" in height
partnership - must be 100 % owned 6. Not suffering from any
and controlled by Filipino citizen. disqualification under RA
No person shall organize or have 5487
interest in more than one agency.  Veterans shall be given priority in
employment as security guard or
Qualification of an Operator or private detective.
Manager of a Security Agency:  Person convicted of any crime
1. At least 25 years of age involving moral turpitude shall not be
2. College graduate and/or employed as security guard or private
commissioned officer in the detective.
inactive service of the AFP  Private detective, detective agency,
3. Good moral character security guard, security agency must
4. No previous record of any first obtain license from the PNP.
conviction of any
 Employees employed solely for
crime/offense involving moral
clerical or manual work need not be
turpitude
licensed.
5. Not suffering from any of the
following  The license shall be displayed at all
disqualifications: times in a conspicuous and suitable
place in the agency office.
1. dishonorably discharged or separate
from the AFP  The PNP shall exercise general
supervision over the operation of all
2. mentally incompetent
3. addicted to the use of narcotic drugs
 private detective and security guard
agencies.
 The City/Municipal Mayors has the
power as director of the
City/Municipal civil defense to
deputize private detective and
security guards to help maintain
peace and order or prevent or arrest
law violators in case of emergency or
in times of disaster or calamity. They
shall take orders from the Chief of
Police for the duration of the fire,
inundation, earthquakes, riots or other
emergency.
 A security guard or security agency is
entitled to possess firearms.
 Firearm must not be higher than .45
caliber.
 Agency is entitled to possess firearm
not exceeding one firearm for every
security guard in its employ.
 Security guard is entitled to possess
not more than one riot gun or shotgun.
 Firearms shall be carried by the
security guard only during his tour of
duty in proper uniform within the
compound of the establishment
except when he escorts big amount
of cash or valuables in or out of said
compound.
 The Chief PNP shall prescribe the
uniform, ornaments, equipment and
paraphernalia to be worn by the
security guards.
 Uniforms must be different from the
PNP/AFP.
 Salary of security guard - not lower
than the minimum wage prescribe by
law.
Limitations and Prohibitions on a
Security Agency
1. No agency operating in the City of
manila and suburbs may employ more
than 1000 watchmen or security
guards.
2. No agency operating in other cities
and first class municipalities may
employ more than 500 watchmen or
security guards.
3. No agency operating in
municipalities other than first class may
employ more than 200 watchmen or
security guards.
4. No person, corporation, partnership
or association may organize more
than one agency in any one city or
municipality.
5. No agency shall offer, render or
accept services to gambling dens or
other illegal enterprises.
6. The extent of the security service
being provided by any security
agency shall not go beyond the
whole compound or property of the
person or establishment requesting the
security service except when they
escort big amount of cash.
Who can Issue rules and regulations to
carry out the purpose of RA 5487? ans.
the chief PNP, in consultation with the
Philippines Association of Detective
and Protective Agency Operators.
What are the penal provisions for
violation of RA5487 or its implementing
rules? ans.
1. Suspension, fine or cancellation of
license to operate with the forfeiture f
bond filed with the Chief PNP.
2. Imprisonment ranging from 1 to 4
years and fine, in the discretion of the
courts.
Physical security - describes the
measures that are designed to deny
 access to unauthorized personnel
from physically accessing a building, How to distinguish authorized from
facility, stored information and unauthorized people - access control
guidance on how to design structures at the
to resist potentially hostile acts. 1. gates
- a system of barriers placed between 2. doors
a potential intruder and the material
3. locks
or installation to be protected.
How to detect intrusion
Security - the predictable state or
condition which is free from harm, 1. install alarms
injury, destruction, intimidation or fear. 2. install intrusion detection monitor
Freedom from fear or danger or 3. install video monitoring system - ex.
defense against crime. Cctv

Physical Security System - a barrier or ☺Vigiles(in Rome) - origin of the

system of barriers placed between the watchmen although their principal
potential intruder and the matter to duty was as a fire brigade.
be protected. Protective device
against hazards, threats, vulnerability Notable security guards:
and risks. Frank Wills - detected the Watergate
burglars ultimately leading to the
Purpose/Goals of Physical security resignation of US president Richard
1. deter potential intruders - ex. warning Nixon.
signs, perimeter markings Target hardening - the reduction in
2. distinguish authorized from criminal opportunity, generally
unauthorized people - ex. using pass through the use of physical barriers,
card architectural design and enhanced
3. delay or prevent intrusion attempt - security measures of a particular
ex. wall, door lock, safe location.
Defensible Space - the range of
4. detect intrusion and monitor/record
mechanisms that combine to bring an
intruders - e. CCTV, intrusion alarm
environment under the control of its
5. trigger appropriate incident responses residents.
- ex. security guards Demography - the study of the
characteristics of population groups.
How to deter potential intruders Principles of Physical Security
1. install warning signs - 1. An intruder must be able to acquire
2. build fences access to the property in order to
3. put vehicle barriers benefit.
4. install vehicle height restriction 2. The type of access necessary will
depend upon a number of variable
5. implement restricted access point
factors and therefore may be
6. install sight lighting and trenches
achieved in a number of ways. 3. Types of Protective Alarms Systems
3. There is no impenetrable barrier. 4. Types of Protective and Emergency
4. Security is built upon a system of Lighting's
defense in depth resulting to 5. CCTV Cameras and other Electronic
accumulated delay time which may Security Systems/Energy Barriers
lead to the apprehension of the Building Exterior - Components:
intruder. 1.walls
5. Each installation is different from the 2.Doors
others. 3.Windows
Two (2) Kinds of Barriers 4.Roof Openings
1.Natural 5.Fire Escapes
2.Artificial 6.Protective Alarm Systems
Five (5) Types of Barriers 7.Protective and Emergency lightnings
1.Human 8. CCTV Cameras and other Electronic
2.Animal Security Systems/Energy Barriers
3.Natural Interior Controls - Components:
4.Energy/Electrical/Electronic 1. ID Systems
5.Structural 2. Protective Alarm Systems
Three (3) Line of Defense 3. Protective Emergency Lighting's
1. Perimeter Barrier - 1st line of 4. Communication Systems
defense. 5. CCTV Cameras and other Electronic
2. Building Exterior - 2nd line of Security
defense. Systems/Energy Barriers
3. Interior Controls - 3rd line of defense. 6. Restricted Areas (storage
Perimeter Barrier - main purpose is to areas/utilities)
deny or impede access or exit of 7. Access Control
unauthorized persons. 8. Key Control
Other Purposes 9. Emergency Plans
1. It defines the boundary of the 10.Guards
property to be
secured. Natural barriers or features - such as
2. It creates a physical and cliffs,ravines,and rivers which delay or
psychological deterrent to make more difficult to entry of
unauthorized entry. intruders.
3. It delays intrusion, thus facilitating
apprehension of intruders. Barriers - any line of boundary and
4. It assists in a more efficient and separation, natural or
economical employment of guards. artificial,places,or serving as limitation
5. It facilitates and improves the or obstruction.Anything that bars,keep
control of pedestrian and vehicular out,obstruct progress,or prevents
traffic. encroachment or intrusion.
Components:
1. Types of Fencing (solid/full view) Structural barriers - features
2. The top guard constructed by man regardless of their
original intent that tends to delay the surrounding of the installation under
intruder.ex.walls,ceilings,locks,safe,win observation.
dows. 2. it does not create shadows which
would provide cover and
Human barriers - guards,charges of concealment for the intruder.
quarters,office personnel,shop workers
etc. who stand between the intruder Disadvantages of a full view fence
and the matter to be protected. 1. It allows visual access to the
installation, its personnel,its guard and
Animal barriers - usually guard dog.ex. its activities.
trained German shepherds used as 2. It allows the intruders to become
guards,goose,and turkeys can also be familiar with the movements and the
included. time schedule of the guard
Energy barriers - usually electrical or patrols thereafter allowing him to pick
electronics devices used to provide the time for attempting penetration
assistance to guard personnel.ex. which would most advantageous to
protective lightnings,anti-intrusion the intruder.
devices.
Advantages of solid fence
Full view fence - it is designed primarily 1. Denies visual access of the
to prevent physical access between installation of the intruder.
two areas.Constructed in such a way 2. Denies the opportunity for the
that visual access is permitted through intruder to become familiar with the
the fence. personnel,activities and the time
schedule of the movements of guards
Physical Security Features: in the installations.
1.Natural barriers - natural terrains
features must be considered from the Disadvantages of solid fence
stand point of their values to intruder 1. It prevents the guards from
as cover and concealment. Normally observing the area around the
the first type considered very often we installation.
have to accept and work around 2. It creates shadows which may be
them. used by the intruder for cover and
2.Fences concealment.
a. solid fence - one is constructed in
such a way that visual access through Minimum acceptable requirements for
the fenced structure is denied. fence usedsecurity barriers
b. full view fence - constructed in 1. Height - 8 feet at a minimum.
such a way that usual access is 2. Slack at the bottom - not to exceed
permitted through the fence. 2 inches. If the fences are not tight
then it should extend even closer to
Advantages of a full view fence the ground.
1. removing patrols and stationary 3. Wooden fence post - minimum
guards are able to keep area horizontal dimension of 4X4 inches.
4.Steel fence post - the round type Personnel Control Identification
should at least be 2 inches at the 2 Types of identification
smallest diameter. 1. Personal Recognition - is the most
5. Fence post - should be set in effective
concrete or in firm soil using 2. Artificial Identification -
commercial drive anchors to a depth badges,passes etc.
of 3 feet and the maximum distance
post is 10 feet. System of Employment of Personnel
6. Fence top (Top Guard)- there should Control Identification
be something on the top of the fence 1. Pass system - a method used by
to deter persons attempting to go security to screen visitors or person
over fence.ex.use of barb wire admitted into building premises.
overhang. The arms holding the 2. Single pass or Badge system - the
barbwire should be extended at 45 least expensive and the least secure.
degree angle in the direction of the 3. Group pass and Badge system -
expected approach. one ID for one group.
7. Fence area - it should be declared 4. Multiple pass system - separate pass
trees and vegetation and debris of is required for access to various areas
other materials which would offer in need ex.color coding
concealment of the intruder or would 5. Spot magnetized identification
aid him in scaling the fence. passes - a code may be placed in the
8. Fence Gates - gates should be device and when passes through a
limited to the no. necessary for machine,the code on the device is
efficient and sage operation of the read, if it contains wrong code or no
installation. code at all,it will alarm.
9. Fence Opening - all opening in the 6. Access list - it contains the names of
fence in excess of 96 inches must be authorized persons or personnel and is
locked barbed or screen in such a checked against identification cards
way that they may be interlocked such as drivers licenses, draft
and opened from the inside and only registration etc.
by selected
personnel. Visitor control - the measures used
10.Multiple fence - is used should at would depend on the sensibility of the
least be 10 feet apart and the installation but could include the
overhang on the top of the inner following:
fence should point inward. 1. Escort - expensive but most secure
2. Time traveled - if there is a long
4 Basic functions that must be delay or time lapse between the
accomplished by the guard system departure and arrival, the visitor may
1. Detect intruders be required to show cause for the
2. Sound alarms delay.
3. Apprehend unauthorized personnel 3. Visitors logs - should contain
4. Identify authorized personnel identifying data, reasons of visit,time in
and hour etc.
4. Visitors entrances - separate access
for visitors and separate for employees
Utility and maintenance personnel -
escort system could be used.If these
people visit the installations on a
regular basis some of the systems
previously could be used.
Package control - there should be
provisions made to check packages
being taken in and taken out.
Photography - extreme caution must
be exercised in areas where classified
information is displayed to preclude
unauthorized taking of pictures of the
installation.
Vehicular control and identification
* Most common identification is for
registering at the headquarters or
gates and putting of sticker on the
windows of the vehicles.
* For visitors,the following systems are
used:
1.Escort
2. Driver pool - the most secure but the
most expensive.In this system,car is
driven by qualified driver employed by
the installation from the entrance to its
destination and afterthe conclusion of
the business of the visitor. car is driven
back to the installations entrance.
3. Time travel - used in less sensitive
installations
4. Grid system - a very complicated
system. The installation is divided into
grid ad squares like a map.Each
square is given a no. or letter
designation.The visitor is then given a
map and shown the route to take to
his destination and should not deviate
from the prescribed route, otherwise
he could be stopped and questioned
by the guards.
5. Search of vehicles - sign should be
put at the entrance to the installation
that any vehicle entering is subject to
search anytime.
Types of Protective Alarm Systems
1. Central station system - the control
station is located outside the
installations. When the alarm is
sounded by a subscriber, the central
station notifies the police or protection
agency.
2. Property system - the control system
is located inside the installations with
its own firefighter, law
enforcer,ambulance,or bomb disposal
unit.
3. Local alarm - the signalling is near
the alarm itself. When the intruder
enters the installation, the alarm goes
off scaring the intruder. Purpose is just
to scare not to apprehend intruder.
4. Auxiliary alarm - the installation
owned the protective alarm with aunit
in the nearest police station so that in
case of need,direct call is possible.
Kinds of Alarms
1. Intrusion alarm - any detecting
devices using electric and their
combinations to signal an alarm when
actuated.
2. Laser beam alarm - a laser emitter
floods the wall or fence with a beam
so that when this beam is disturbed by
a physical object,an alarm is
activated
3. Photocell alarm - an invisible or
visible beam is emitted and when
disturbed, it activates an alarm or
mechanical device that opens a door
or lift movable barriers,activated by
light. Two General Categories of Security
Hazards
Basic component of an alarm system 1. Human hazard - caused by human
1. Annunciation - the heart of the action.Ex.sabotage,pilferage,theft
system of the detecting device and is 2. Natural Hazard - caused by natural
the component that activates the phenomena.
triggering unit.
2. Transmission - it transmit what is Types of Human Hazards
detected.
3. Triggering device - the one which 1. Human carelessness
emits those aural or visual signals or 2. Accident
both. 3. Disaffection
4. Disloyalty
Security Survey - The detailed check 5. Subversion
and audit of what an installation or 6. Sabotage
plant does not have in relation to its 7. Espionage
protection from hazards. 8. Pilferage
9. Theft
Security Inspection - a process where 10.Vandalism
physical examination is conducted to
determine compliance with Protective Security - measures taken
established security policies and by an installation or unit to protect
procedures as a result of security against sabotage,espionage or
survey. subversion and at the same time
provide freedom of action in order to
Purpose of security survey provide the installation or unit with the
1. To determine existing state or necessary flexibility to accomplish its
condition of security mission.
2. To locate weaknesses and possible
defense 3 Aspects of Security
3. To determine degree of protection 1. Physical Security - measures taken
required to prevent physical access or entry to
an installation.
Security hazards - an act or condition 2. Personnel Security - measures taken
which result in a situation conductive to insure that only authorized
to a breach of the protection system personnel have access to classified
and the subsequent loss or documents or information.
compromise of 3. Document and Information Security
defense,information,company
secrets,or damage to Types of Security
property,personnel,or facilities. 1. Physical Security - the most broad.

Hazards - exposure to loss or injury.

2. Industrial Security - security of 1. Gates and Doors
business installations and industrial 2. Elevators
plants. 3. Air intakes, Exhaust tunnels
3. VIP Security - protection of high 4. Clear Zone
level officers and important personnel. 5. Top Guard
4. Bank Security - security of money 6. Guard Control Stations
and assets stored or in transit. 7. Tower
5. Hotel Security - security for hotel 8. Barrier maintenance
guest and their personal belongings 9. Sign and Notices
and property as well as properties of
the hotel. Protective Alarms - supplemental
6. Document security - protection of physical barriers in a form of sound
vital records from loss or unauthorized that cause alarm installed indoors or
access. outdoors in an installation.
7. Communication Security- measures
to prevent or delay the unauthorized Types of Alarm Systems
person in gaining information through 1. Metallic foil wire
communication. 2. Ultrasonic Detection Device
3. Vibration Detection Device
Physical Security 4. Microwave Motion Detection
* Protective barrier - is the physical Device
type of security. 5. Audio Detection Device
* Barrier - any structure or physical 6. Photo Electric or Electric Eye
device capable of
restricting,deterring,delaying illegal Kinds of Alarms
access into 1. Bill Traps
installations. 2. Foot Rail Activator
* Perimeter barrier - a medium or 3. Knee or thigh button
structures which define the physical 4. Foot button
limits of an installation or area 5. Double squeeze button
to restrict or impede access thereto.
Any physical barrier used to Protective Lighting - provide
supplement the protection of the illumination on areas to be secured
inside perimeter. that adds psychological deterrence.
* Inside Perimeter - a line of protection
adjacent to the protected area and Types of protective Lighting
passing through points of possible 1. Stationary luminary - consist of
entry into the area. ex. doors and series of fixed luminaries to flood given
windows area continuously Example: glare
* Outside perimeter - a line of protection type
protection but somewhat removed 2. Standby Lighting - provides
from the protected area.Ex.fence continuous lighting through manual
operations.
Types of Perimeter Barrier Opening 3. Movable Lighting - stationary or
portable manually operated search 5. Card Operated Locks
lights. 6. Electromagnetic Locks
4. Emergency Lighting - duplication 7. Code operated Locks
of existing lighting system that is
utilized in the event of electric failure. Types of Keys
1. Master Key - a special key of
Types of Lighting Equipment opening a series locks.
1. Street lights - used in parking areas 2. Grand Master Key - a key that will
2. Search Lights - highly focused open everything in a system involving
incandescent lamps used to pinpoint two or more master key groups.
potential trouble spot. 3. Change Key - a key to a single lock
3. Flood Lights - project light in a within a master keyed system.
concentrated beam used in 4. Sub Master Key - a key will open all
boundaries and fences. lock with a particular area or grouping
4. Fresnel Lights - wide beam units in a given facility.
primarily used to extend illumination in
long horizontal strips to protect Types of Security Cabinets
approaches to perimeter barrier. 1. Safe
2. vault
Protective Locks and Keys 3. File Room
1. Lock - a mechanical,hydraulic,
electrical or electronic device Protective Cabinets - considered as
designed to prevent entry into a the third line of defense against
building,room,container or hiding unauthorized persons.
place and to prevent the removal of
items without the consent of the Key Control - a system of controlling
owner. keys devised and regulated for
2. Padlock - portable and detachable disposal,storage and withdrawals.
lock having or sliding hasp that passes
through a staple ring. Close-in Security Formations
3. Peterman - A term used in England 1. One Man Security - 360 degrees
for lock picker, safe cracker and coverage.
penetrators of restricted areas or 2. Two Man Security - Each guard has
rooms. 180 degrees coverage.
3. Three Man Security- has equal areas
Types of Locks of coverage
1. Lever locks - used in 4. Four Man Security
cabinets,drawers, safe deposit box. 5. Five Man Security - modified
2. Disc-Tumble Locks - used in car diamond.
doors. 6. Six Man Security - (defensive circle)
3. Warded Locks - offer little security, too much crowd requires arm lock
used only to provide privacy. formation.
4. Combination Locks
☺Note: Six Man Security is the most
effective. Main role of the personnel
management is to provide advice,
Defensive In Depth Barriers services and functional guidance
1. Outer Ring - securing sidewalks, in which will enable management to
front of quarters or offices,covering all deal effectively with all matters
entrances, front, center,side and rear. concerning the employment of
2. Middle Ring - security covering people and the relationships between
inside quarters, office,residence,all the management of the organization,
stairways and elevators. the people and the employees. Its
3. Inner Ring - immediately outside overall aim is to make an effective
the high risk personnel door or the one contribution to the achievement of
closest to the VIP. the objectives of the organization and
(criminologyboardexamreviewer.weebly.com/ind to the fulfillment of its social and legal
ustrial-security.) responsibilities. The particular aim is to
ensure that the personnel objectives
Police Personnel and Record of the organization are achieved and
Management the performance of the personnel
functions is judged on the extent to
Personnel Management :Concepts & which these objectives are met.
Police Contexts Personnel function is a very critical
sub-system of enterprisemanagement.
Introduction Through planned acquisition,
organization and motivation of human
Personnel management concerns with resources it assists the management in
obtaining, organizing, utilising and efficiently achieving organisational
motivating the human resources goals and objectives. It provides a
required by an organization. It systematic opportunity to the
develops requisite organization organization in critically assessing and
climate and management styles to optimizing human contribution
promote effective effort of towards organizational effectiveness.
cooperation and trust among all
employees. This also helps the A good records system:
organisation to meet its legal • contains complete and
obligations and social responsibilities. comprehensive files thereby
To sum up, the personnel enabling effective decision
management aims at getting making
effective results by organizing and • provides integrity and continuity
directing the co-operative efforts of regardless of changes in
human beings. personnel
• facilitates protection and
Role of the Personnel Management preservation of records
• provides low cost and efficient
maintenance of records
 • reduces the possibility of
misfiling and duplicationmeans
less time spent searching for files
and documents. CRIMINALISTICS………………………..98
k. Key Forensic and Legal
Definitions concepts…………………….………….98
• RECORD : information captured l. Dactyloscopy……………………….104
in reproducible form required for m. Forensic Ballistics…………………118
conducting any transaction or n.Forensic Chemistry ……………….131
activity. o. Legal Medicine …………………..142
• RECORDS MANAGEMENT: a p. Polygraphy………..……………….179
logical and practical approach q. Question documents ……………188
to the creation, maintenance, r. Police photography…………..….218
use and disposition of records.
• LIFE CYCLE CONCEPT: records
pass thru three stages from its
creation and active use to its
final disposition.

KEY FORENSIC AND LEGAL CONCEPTS

CRIMINALISTICS CRIMINAL AND CIVIL CASES
 Criminal Law deals with crimes by a
person or persons against the state,
which can be any level of
government, including cities,
countries, states, and the federal
government
Civil Cases arise from disputes that
involve private rights or from disputes
such as that between two people or
two corporations.
EVIDENCE/SCIENTIFIC EVIDENCE
EVIDENCE is a proof of allegation. It is
a means, sanctioned by law, of
ascertaining the truth of any alleged
matter of fact under investigation.
It is anything a suspect has taken
from, left at, or that may be otherwise
connected with the crime scene or
the crime itself.
Types of Evidence:
1. Direct Evidence
2. Indirect Evidence
a. Circumstantial Evidence
b. Hearsay
EVIDENCE MAY BE:
 DIRECT EVIDENCE is that which is
known to a person by personal
knowledge, such as eyewitness
testimony. It is simply that which the
senses perceive. Any fact to which a
witness testified based on what he
saw, hear, touched or taste, smelled,
is direct evidence.
 CIRCUMSTANTIAL EVIDENCE requires
inference or additional analysis to
move logically from the information
provided to answer the question. It is a
kind of evidence which seeks to
establish a conclusion by references
from proved facts.
 HEARSAY EVIDENCEis a statement
made by a witness on the authority of
another and not from his own personal
knowledge or observation.
SCIENTIFIC EVIDENCE may be defined
as the means, sanctioned by law, of
ascertaining in a judicial proceeding
the truth respecting a matter of fact
wherein scientific knowledge is
necessary.
Types of Evidence
There are 4 types of Evidence:
1. REAL/AUTOPTIC EVIDENCE- that
evidence which is addressed to the
senses of the court. It is not limited
to that which can be known by the
sense of vision but extends to those
which are perceived by the senses
of hearing, taste, smell or touch.
2. TESTIMONIAL EVIDENCE - An expert may
be placed on the witness stand
and answer all questions to be
propounded by both parties in the
case.
3. EXPERIMENTAL EVIDENCE - An expert
witness may be required to perform
certain experiments to prove a
certain matter of fact. The court,
however, in its own discretion may
or may not allow this kind of
evidence.
4. DOCUMENTARY EVIDENCE – Any written
evidence presented by an expert
in court which is relevant to the
subject matter in dispute and not
excluded by the Rules of Court.
Formal written report, expert
opinion, certificates, and
depositions are included in this
group
Standards of Admissibility for Scientific
Expertise (vary from state to state)
1. Relevancy test (FRE TEST) - this is
embodied in the Federal Rules of
Evidence and state versions which
essentially involve a liberal rule
allowing anything that materially
assists the trier of fact (jury) and is
deemed relevant by the trier of law
(judge).
2. Frye standard (Frye v. U.S. 1923) -
for the results of a scientific
technique to be admissible, the
technique must be sufficiently
established to have gained
general acceptance in its
particular field. This is the "general
acceptance" test that often
requires knowledge of the
literature.
3. Coppolino standard (Coppolino v.
State 1968) - the court allows a
novel test or piece of new,
sometimes controversial, science
on a particular problem at hand if
an adequate foundation can be
laid even if the profession as a
whole isn't familiar with it.
4. Marx standard (People v. Marx
1975) - the court is satisfied that it
did not have to sacrifice its
common sense in understanding
and evaluating the scientific
expertise put before it. This is the
"common sense" or "no scientific
jargon" test, and it is rarely used.
5. Daubert standard. This test requires
special pretrial hearings for
scientific evidence and special
procedures on discovery. This is a
rather stringent test that requires
knowledge of Type I and Type II
error rates, as well as validity and
reliability coefficients. (source:
Introduction to Criminalistics –
Criminal justice megalink).
IMPORTANCE OF PHYSICAL EVIDENCE
1. Physical evidence aids in the
solution of the case by:
 Connecting or eliminating suspects
 Developing or identifying suspects
 Developing or showing a similar
method of operation
 Proving or disproving an alibi
2. Physical Evidence Proves an
Element or Theory of an Offense, for
example:
 Bullets, residue at the scene of a
fire, toolmarks, blood, semen, or
stomach contents may all prove
elements of certain offenses;
 Footprints may show that many
were at the scene, and / or auto
paint on clothing may show that
a person was hit by a car instead
of otherwise injured;
 Safe insulation, glass, or building
materials on a suspect’s clothing
may prove entry;g leads
CHAIN OF CUSTODY
The “chain” is a paper form that
tracks evidence from its creation or
collection to its final disposal.
CHAIN OF CUSTODY OF EVIDENCErefers
to the release and receipt of physical
evidence from its initial acquisition to
its final disposition.
Steps to be carried out to ensure the
integrity of the evidence
1. Establish security measures
2. Guarantee controlled access to
storage areas
3. Implement specific protocols for
ope3.ning, marking, sealing and
transporting of evidence

☺Any break in the chain, no
matter how innocent or inadvertent,
PROPER CHAIN OF CUSTODY
raises the possibility that the sample
could have been tampered with.
PHYSICAL EVIDENCE
ORDINARY VERSUS EXPERT WITNESS
A witness in court may be an ordinary
or expert witness.
evidence custodian must account for
the specimen evidence from the time
it is collected until it is presented to the
competent court. Any break in this
chain of custody may make the
physical evidence inadmissible in
evidence especially in court
proceedings.
THE FORENSIC MIND-SET

☺Difference between Ordinary and Skills that constitute a Forensic mind-

set
Expert Witness:  Assume nothing
Ordinary witness Expert witness  Be resourceful
can only settle may state what  Think outside the discipline
what his senses he has  Be creative
have perceived perceived and  Build a big toolbox that never
also give his stops growing
opinion,  Know their limitations
deductions or  Be flexible
conclusions to  Be persistent
his perceptions BASIC CONCEPTS CONCERNING
may not be must be skilled in PHYSICAL EVIDENCE
skilled on the the art, science The value of physical evidence is
line he is or trade he is determined by how useful it is in
testifying testifying verifying that a crime has been
cannot testify may testify on committed, identifying the person or
on things or things which he persons who did it, and exonerating all
facts he has not has not seen by other persons who may be under
perceived giving his suspicion.
except those opinion, MAJOR CONSIDERATIONS IN THE
provided for by deductions or ESTABLISHMENT OF IDENTITY
law conclusions on
the statements Identity is always sought in criminal
of facts investigation. Was the revolver found
ADMISSIBILITY OF EVIDENCE on a suspect the one that fired the
Legal Requirements make it necessary bullets found in the body of a murder
to account for all forensic evidence victim? If so, was it the suspect who
from the time it is collected from the fired it? More often than not the
crime scene until it is presented in answers to such questions must be
court proceedings and finally sought from seemingly unrelated items
disposed of. of information and physical evidence.
The proper conduct with reference to Therefore, several important concepts
the “chain of custody” must be bearing on the quality and usefulness
maintained. A forensic Examiner or of physical evidence in establishing
identity should be considered.
Basically, these concepts are:
 Mathematical probability
 Class characteristics and similarity
 Comparisons
 Individuality
 Rarity
 Exchange
 The relationship of experience to
the investigation
MATHEMATICAL PROBABILITY
This concept underlies virtually every
human action. Personal judgment on
the result of an election, and on
whether to buy a particular stock are
based on the idea that the outcome
of an event can be logically
estimated. The estimate is, of course,
related to known conditions, past
performance, and experience in the
outcome of similar events, among
other things.
CLASS CHARACTERISTICS
Here again we are dealing with a
concept that every individual is
familiar with - - that of grouping things
according to similar characteristics
and then further grouping them by
increasingly restricted definitions.
INDIVIDUALITY
Individuality is what makes one thing
different from all others similar to it.
COMPARISONS
The most definite point of comparison
between objects is an obvious
physical match, for example between
the bit of a screwdriver and the shank
from which it was broken, or a splinter
of wood and the part from which it
split.
RARITY
Exceptional circumstances
connected with the place, time, or
general conditions under which
physical evidence is discovered tend
to heighten its quality.
EXCHANGE
When two objects come into contact,
there will frequently be a transfer of
small amounts of the material from
one to the other.
NOTES ON CRIMINALISTICS
Criminalistics
- It is generally thought of as the
branch of forensic science that
involves the collection and analysis
of physical evidence generated by
criminal activity.
- (Webster) application of scientific
techniques in collecting and
analyzing physical evidence in
criminal cases.
☺Criminalistics or Forensic
Science?
Forensic science
- is the broader term because
criminalistics is a branch of forensic
science. "Forensic" is simply an
adjective that can be put in front of
any science applied to answering
legal questions.
- pertains to all sciences applied to
legal problems. It is the application
of scientific techniques in collecting
and analyzing physical evidence in
criminal cases. The world's first crime
laboratory was established by
Edmond Locard in Lyon, France
during 1910. (www.forensic-
medecine.info/criminalistics)
FORENSIC SCIENTISTS:
Within the broad area of
Forensic Science, there are many
subspecialties which are also Leone Lattes - (1887-1954) father of
involved in forensic studies blood stain identification. He
including: developed a procedure for
a. Pathology (the examination of determining the blood type (A, B,
body tissues and fluids), AB or O) of a dried stain.
b. Toxicology (the study of poisons, Calvin Goddard - 1891-1955) father
including drugs), of ballistics. Developed the
c. Odontology (the study of teeth), technique to examine bullets using
d. Psychiatry (the study of mental a comparison microscope to
and emotional disorders), determine whether or not a
e. Anthropology (the study of particular gun fired the bullets.
human beings), and Biology, Albert Osborn - (1858-1946) father of
Chemistry and Physics. document examination. His work led
to the acceptance of documents
as scientific evidence by the courts.
The term criminalistics (Kriminalistik)
Walter McCrone - (1916-1915) father
was first used by Hans Gross in 1891.
of microscopic forensics. He
developed and applied his
Hans Gross - (1847-1915) microscopic techniques to examine
- An Austrian criminalist. Father of evidence in countless court cases.
forensic publications. Wrote the Edmond Locard - (1877-1966) father
book on applying all the different of the crime lab. In 1910, he started
science disciplines to the field of the first crime lab in an attic of a
criminal investigation. police station. Founded the institute
Sir Arthur Conan Doyle of criminalistics in France. His most
- sci-fi author in late 1800. important contribution was the
Popularized scientific crime "Locards Exchange Principle".
detection methods through his Locard Exchange Principle
fictional character "Sherlocke 1. Every contact leaves a trace
Holmes". 2. Every criminal can be connected
Mathiew Orfila to a crime by particles carried from
- (1787-1853) father of toxicology. the crime scene
Wrote about the detection of 3. When a criminal comes in contact
poisons and their effects on animals. with an object or person, a cross
Alphonse Bertillon transfer of evidence occurs.
- (1853-1914) father of J. Edgar Hoover - father of the FBI.
anthropometry. Developed a Director of the FBI during the 1930s. His
system to distinguish one individual leadership spanned 48 years and 8
person from another based on presidential administrations.
certain body requirements. Organized a national laboratory to
Francis Galton - (1822-1911) offer forensic services to all law
Developed fingerprinting as a way enforcement agencies in the US.
to uniquely identify individuals. Goals of Forensic Science - to
determine the cause, location, and
time of death. HANS GROSS – the father of
Criminalistics
 “Fathers” to remember
(The pioneers of forensic science)
☺HISTORY OF FINGERPRINT
The earliest use of fingerprints
Archimedes Historically, father can be traced in ancient China
of forensic science hundreds of years ago during the
Mathiew Orfila father of toxicology T’ang Dynasty.
CHINESE – are the one noted to be
Alphonse father of the first user of fingerprints
Bertillon anthropometry. EMPEROR TE’IN SHI (246-210 BC)
– first Chinese ruler who devised a seal
carved from white jade; on one
Edward R Henry father of
side of it was the name of the
fingerprinting.
owner, and on the other side the
Leone Lattes father of blood impression of the thumb.
stain identification.
Calvin Goddard father of ballistics. Scientific Discovery and Development
of Fingerprint:
Alexander John father of the MARCELO MALPIGHI (1628-1694) –a
Forsyth percussion powder. professor in Bologna, Italy who
Albert Osborn father of document published a book entitled “De Externo
examination. Tactus Organo” depicting the
construction of layers of the human
Walter McCrone father of
skin, particularly the friction skin
microscopic
namely the Epidermis and Dermis skin.
forensics.
He originated the “loops and spiral’
Edmond Locard father of the crime and because of his contribution one
lab. of the thin layer of the friction was
father of name after him, the “Malphigian
Poreoscopy layer”. He is also known as “The Father
Hans Gross father of forensic of Dactyloscopy”.
publications. J.C MAYER (1788) –
father of he stated in his book “although the
criminalistics arrangement of the skin ridges is never
duplicated in two persons,
J. Edgar Hoover father of the FBI. nevertheless, the similarities are closer
William Henry father of Modern among some individual’.
Fox Talbot Photography PROFESSOR JOHNNES E. PURKINJE
(1823) – discovered in his study of
physiology that the skin on the inner
NOTES IN DACTYLOSCOPY
surface of the hands bore patterns
which he later named and set rules
governing their classification and
even identify nine types of patterns
but did not associate it with
identification.
HERMAN WELCKER (1856)
– he took own palms and after 41
years (1879) he printed the same
palms to prove that print do not
change except for some scratches
due to old age.
Fingerprint as Method of Identification:
Sir WILLIAM J. HERSCHEL (1858)
– he utilized fingerprints as a substitute
for signature to avoid impersonation
among the natives. He gave way for
the first actual tryout in establishing
individuality using fingerprint.
Dr. HENRY FAULDS (1877)
– he wrote the English journal “nature
dealing with latent prints found at the
scene of the crime”; he claimed that
impression would provide positive
identification of offenders when
apprehended. He also wrote “A
Manual of Practical Dactylography”
based on skin ridges of the fingers
and toes.
Sir FRANCIS GALTON (1892-1911)
– the first scientist of friction skin
identification and discover the three
families of fingerprint patterns (A-L-W
Methods).
Sir EDWARD R. HENRY (1859-1931) –
the Father of Fingerprint. He
developed his own fingerprint system
of classification which was used in
almost English speaking country.
JUAN VUCETICH (1891)
– developed his own system of
classifying prints that was officially
adopted in Argentina and was used in
most Spanish speaking country.
☺TRIVIA…Identical twins have the
same DNA configuration but they do
not have identical friction ridge
configuration
Fingerprint in the Philippines:
Mr. JONES – one who first taught
fingerprint in the Philippine
Constabulary in the year 1900.
BUREAU OF PRISON – records show
that in 1918, CARPETAS (Commitment
and Conviction Records) already used
fingerprint.
LT. ASA AND N. DARBY – established a
modern and complete fingerprint files
for Philippine Commonwealth during
the reoccupation of the Philippines by
the American.
GENEROSO REYES – first Filipino
fingerprint technician employed by
the Philippine Constabulary.
ISABELA BERNALES – first Filipina
fingerprint technician.
ATTY. AGUSTIN PATRICIO OF THE
PHILIPPINES – the one who top the
examination in fingerprint conducted
by Capt. Thomas Dugan of NWPD and
Flaviano Guerrero of FBI Washington.
LUCILA LALU – the first Filipina chop-
chop lady who was identified through
fingerprint.
PEOPLE OF THE PHILIPPINES vs. MEDINA
– first conviction based on
fingerprinting leading judicial in the
Philippine Jurisprudence. Convicted
for the crime of robbery. (10 points of
identity) (Marciano Medina y Diokno,
alias Alejandro Dola).
PLARIDEL EDUCATION INSTITUTION now
known as the PCCR – the first
government recognized school
 to teach the Science of
Fingerprint and other Police Sciences.
Other Personalities involved in
Fingerprints:
THOMAS BEWICK (1753-1828) – an
Englishman who used fingerprint as his
signature by engraving them in a MARY K. HOLAND – first American
wooden plate.
EUGENE FRANCOIS VIDOCQ (1775-
1857) – the chief of French police
organization called Surete, who
introduced method of identifying
criminals by memory (photographic
eye). Police officers are required to
remember his facial characteristics as
accurately possible.
ADOLPHE QUETELET (1796-1874) – (14 points)
developed a theory that there were
one to four chances of any two adult
persons having the same height.
THOMAS TAYLOR – introduced the new
system of palmistry. In his article, he
cited that the marking of the palms
of the hands can possibly be used in
identifying criminals.
GOVARD BIDLOO – works on the sweat
and pores.
SAMUEL LANGHORNE CLEMENS – an
Englishman who informally introduced
Dactyloscopy in the United Stated in
his book “Life in the Mississippi” and
“Pupp in Head Wilson”.
Dr. HENRY DE FOREST – utilized the first
Municipal Civil use of Fingerprint for
Criminal Registration on December
1902 (Min. Civil Service Comm., New
York).
Capt. JAMES L. PARKE – advocate the
first state and penal use of fingerprint
adopted in Sing Sing Prison on June 5,
1903 later on Auburn Napanoch and
Clinton Penitentiaries.
Sgt. JOHN KENNETH FERRIER –
first fingerprint instructor at St. Louis
Police Department, Missouri.
Maj. R. McCLOUGHRY – warden of the
Federal Penitentiaries of Leaven Worth
established the first official National
Government use of fingerprint.
instructress in dactyloscopy.
INSTITUTE OF APPLIED SCIENCE –
first private school to install
laboratories for instruction purpose in
dactyloscopy.
PEOPLE vs. JENNINGS – United States
leading case wherein the first
conviction based on fingerprint was
recognized by the judicial authorities.
A Method of Identification before the
science of Fingerprints was used:
1. Branding
2. Mutilation
3. Tattooing or tattoo marks
4. Descriptive clothing
5. Scar Marks
6. Measurement of the height
(Quetelet’s method)
7. Photographic Eye (Eugene
Francois Vidocq Method)
8. Photographing(Dageurrotyping)
9. Anthropometry – scientific
method of identification done
by measuring various bony
structure of the human body by
Alphonse Bertillo.
Fingerprint and Friction Skin:
DACTYLOSCOPY – refers to the
practical application of fingerprints
(the making of identification by
fingerprints comparison and
classification of fingerprints)
– Dactyloscopy was derived from two
Greek words: Dactyl which means
“finger” and Skopien meaning “to
study” or “to examine”
DACTYLOGRAPHY – refers to the
scientific study of fingerprint as a
means of identification.
DACTYLOMANCY – in the scientific
study of fingerprint for purpose of
personality interpretation.
DERMATOGLYPHICS – is the science
which deals with the study of skin
pattern. It is derived from two Greek
words, DERMA which means SKIN and
GLYPE which means carve.
EDGEOSCOPY – the study of the
characteristics of the ridge edge for
comparison purpose. Shalel Chaterjee
of India in 1962 pioneered this study.
FINGERPRINTS – an impression design
by te ridges on the inside of the last
joint of the finger or thumb on any
smooth surface through the media of
an ink, sweat, or any reagents
capable of producing visibility.
POLYDACTYLISM – the appearance of
extra fingers as anatomically known.
3RD OR 4TH MONTH OF FETAL LIFE OF A
PERSON – fingerprint will start to
develop and continue to exist until
one will decompose due to death.
Dogmatic Principles of Fingerprint
Identification:
1. PRINCIPLE OF INDIVIDUALITY –
states that there are no two
persons having the same
fingerprint.
2. PRINCIPLE OF PERMANENCY/
CONSTANCY – states that once
ridges are fully develop their
general arrangement remains the
same throughout life.
3. PRINCIPLE OF INFALLIBILITY – states
that fingerprints is a reliable positive
means of identification.
Related Sciences to the Study of
Fingerprint:
1. CHIROSCOPY – (came from Greek
word “Chief” means a hand, and
“Skopien” which means to
examine). It is the science which
deals with the study of the prints of
the palms of the hand.
2. PODOSCOPY – (came from Greek
word “Podo” which means foot
and “Skopien” to examine). Is the
science which deals with the study
of the footprints.
3. POROSCOPY – (came from Greek
word “Poros” which means Pare,
and “Skopien” to examine). Is the
scientific study of the arrangement
of the sweat pores. (Edmond
Locard-Father of Poroscopy.
“Law of Multiplicity of Evidence” –
states, “The greater number of
similarities; the greater is the
probability for the conclusion to be
correct”.
☺Can a person be forced to be
fingerprinted?
ANSWER: YES. The authority is vested in
the Opinion No. 204 series of 1939
made by the former secretary of
justice JOSE ABAD SANTOS. The
opinion substantially said; “As long as
the person is under legal arrest he can
be forced to be fingerprinted. A
person under arrest who refused to be
fingerprinted may be prosecuted by
disobedience to the agent of the
person in authority, defined in, and c. SWEAT DUCT – is a long-host like
penalized by Article 151 of the Revised structure that serves as the
Penal Code. passage way for the sweat that
exists at its mouth, the pore.
The Friction Skin and its Components: d. SWEAT GLANDS – is that glands
FRICTION SKIN – is an epidermal found in the dermis layer of the
hairless skin found on the ventral or skin which is responsible for the
lower surface of the hands and feet production of the sweat.
covered with minute ridges and (watery substance)
furrows and without pigment or Kinds of Sweat Glands
coloring matters. 1. ECCRINE GLANDS – these are
 Also called as papillary or found in all parts of the body and
epidermal ridges. are the only glands found on the
 Are strips of skin on the inside of palms of the hands and soles of
the end joints of our fingers and the feet.
thumbs by which fingerprints are 2. APOCRINE GLANDS – these are
made. found in the public, mammary
Component of Friction Skin: and anal areas.
a. RIDGE SURFACE – is the 3. SEBACEOUS GLANDS – these are
component of the friction skin located in the forehead, chest,
that actually forms the back and abdomen with an oily
fingerprint impression. secretion called sebum.
1. Ridges – are tiny elevation or
hill like structures found on
the epidermis layer of the
skin containing sweat pores.
It appears as black lines with
tiny white dots called PORES
in an inked impression.
2. Furrows – the canal–like
impression or a depression
found between the ridges
which may be compare with
the low area in tire thread.
They appear as white lines in
an inked impression.
b. SWEAT PORES – is a small
opening found anywhere across
the ridges surface but is usually
found near the center.
Sometimes called an “island”
which colors white in plain
impression and is considered as
individual as the fingerprints.
4.  THE LAYERS OF THE SKIN glands and nerves. It is where the
dermal papillae are found.
Ridges begin to form on the human
fetus during the 3rd to 4th months of the
fetus life. (Five to six months before
birth)
DERMAL PAPILLAE – are irregular pegs
composed of delicate connective
tissues protruding and forming the
ridges of the skin on the fingers, palms,
toes and soles of the feet.
PHALANGE – is the skeletal finger
covered with friction skin. It is made up
of three bones.
a. Basal or proximal phalange – it is
located at the base of the finger
nearest the palm.
b. Middle phalange – the next and
above the basal done.
c. Terminal phalange – the particular
bone covered with friction skin, having
all the different types of fingerprint
patterns and is located near the tip of
the finger.
Fundamental Layers of the Friction Skin Ridge Destruction:
a. EPIDERMIS – the outer covering of 1. Temporary
the skin. 2. Permanent
Two main layers of the Epidermis: a. Manual works
1. Stratum Corneum – the outer b. Warts
layers c. Burns
2. Stratum Mucosum – d. Diseased person
immediately beneath the e. Ulcers
covering layers f. Scars

Five subdivision of the Stratum

Corneum: ☺Can the fingerprint be effaced?
1. Corneous layer
2. Transparent layer
ANSWER: NO, as long as the dermis of
3. Granular layer
the bulbs of the finger is not
4. Malphigian layer
completely destroyed.
5. Generating layer
Other Persons who attempted by
b. DERMIS – the inner layer of the skin
destroying ridges and disguised
containing blood vessels, various
JOHN DILLINGER – US notorious public
enemy No. 1 who tried to remove his
fingerprints with corrosive acid
failed. Post-mortem proved that it was
Dillinger.
ROBERT JAMES PITTS – works on Surgery
to forge his own fingerprints and was
named as “the man without
fingerprints”. Known also by the name
of Roscoe Pitts.

Importance of Fingerprints:
1. It is used for identifying suspects for
investigative purposes
2. Used to provide identity for
unidentified dead person
3. Used for identification of missing
person
4. Detecting a criminal identity
through fingerprints collected at
the scene and determining
recidivism or habitual delinquency
5. Used as a means verification or
confirmation of public documents
6. Used as records in the police
departments and other law
enforcement agency for the
purpose of issuing clearance.
7. Used as a means in checking or
verifying entry of unauthorized
personnel on a certain
establishments.
RIDGE CHARACTERISTICS
1. Bifurcation – is a single ridge that
divides itself into two or more
branches. It is sometimes called as
fork, making its impression.
2. Converging Ridges – is a ridge
formation characterized by a
closed angular end serves as a
point of convergence.
3. Diverging Ridges – two ridges that
are flowing side by side into two
branches and suddenly separating
or spreading apart.
4. Enclosure or lake or eyelet – a
ridge that divides into two
branches and meets to form the
original ridge.
5. Ending ridge – refers to the end
point of a ridge, or a ridge with
abrupt ending.
6. Islands or dots – a ridge that
resembles a dot, fragment or a
period
7. Type lines – these are basic
boundaries of fingerprint patterns.
They are the innermost ridges that
are running parallel or nearly
parallel with each other which
diverge at a certain point tending
to surround the pattern.
8. Pattern area – is that part of the
fingerprint that lies within the area
by the type lines.
– it is where the core, delta and
other
ridge characteristics used for
classification can be found.
9. Recurving or looping ridge – is a
kind of ridge formation that curves
back in the direction from which it
started. It looks like a hairpin.
10. Sufficient recurve – is a recurving
ridge complete in its shoulder and
is free from any appendage.
11. Appendage – is a short ridge found
at the top or at the summit of
recurving
12. Rod or bar – is a short or long ridge
found inside the innermost
recurving ridge of a loop pattern
13. Obstruction ridge – is a short or long
ridge found inside the innermost
recurving ridge that spoiled the
inner flow towards the center of
the pattern area.
14. Incipient ridges – it is unusual type
of ridges found in a small
percentage of patterns; short
narrow and badly formed
ridges found between two well-
formed and full bodies ridges
15. Fragmentary ridges – group or
series of short ridges less than 3mm
in length.
Two Focal Points of Fingerprints:
1. Delta (outer Terminus)
2. Core (inner Terminus)
DELTA – is a point on the first ridge
formation located directly bat or in
front of or nearest the divergence of
the type lines.
– the term “delta” is an old Greek
word. The original English meaning of
the word refers to a deposit of earth
at the mouth of the river.
Six Delta Formations
1. A bifurcating ridge
2. A short ridge
3. A dot
4. A converging ridge
5. An ending ridge
6. A point on a long ridge
Rules governing the choice between
two or more possible deltas
1. A bifurcation may not be selected
as a delta if it does not open to the
core.
2. When there is a choice between
two or more possible deltas, the
one nearest the core be selected.
3. When there is a choice between
two or more possible deltas, one of
which is a bifurcation, the
bifurcation should be selected.
4. The delta may not be located on
the middle of the ridge running
between the type lines towards the
core, but at the end of the ridge.
5. When a pattern shows series of
bifurcation opening towards the
core at the point of divergence of
the type lines, the bifurcation
nearest the core is chosen as delta.
6. In case of a ridge near the center
of the type lines despite several
bifurcation ridges opening towards
the core, the delta is located at
the point of the first bifurcation just
in front of the divergence of the
type line
CORE– always found within the Three General groups of Fingerprints
innermost looping or recurving. based in the Modified Henry
– is the approximate center of the Classification of Patterns:
fingerprint pattern. Arch (5%) Loop (65%)
Rules governing the selection of the Whorl (35%)
Core: Plain arch Radial loop
1. The core is placed upon or within Plain whorl
the innermost sufficient recurve. Radial loop Double loop
2. The core on the shoulder of the Central Pocket loop
recurving ridge further from the Accidental
delta. When an innermost ARCHES:
recurving ridge contains a rod or - Found in 5% of the
an ending ridge rising as high as population.
the shoulders of the loop, the core
is placed on the summit of the rod.
3. When the innermost recurving
ridge contains as uneven number
of rods rising as high as the shoulder
line or even higher, the core is
placed upon the end of the center
ridge whether it touches the
innermost recurve or not.
4. When the innermost sufficient
recurve contains an even number
of rods rising as high as the
shoulder, the core is placed upon
the end of the farther one. 1. Plain arch – is pattern in which
5. When the innermost sufficient the ridges flow from one side to
recurve contains no ending ridge the other without recurving,
or rod rising as high as the shoulders usually a slight upward curve
of a loop, the core is place on the in the center making the
shoulder of the loop farther from pattern like an arch. No core
the delta. and no delta.
Nine (9) Fingerprints Patterns based in 2. Tented arch – is a type of
the Henry System: pattern where majority of the
1. Plain arch 6. Lateral ridges from an arch. It only
Pocket differs from plain arch when two
Loop or more of the ridges at the
2. Tented arch 7. Twinned loop center forms an up trust or make
3. Exceptional 8. Central loop a sufficient rise giving the
4. Palin loop 9. Accidental pattern of a “tent”, giving an
whorl angle of 90 degrees or less, or a
5. Plain whorl pattern similar to aloof but
 lacking one or two of its
essential elements.
LOOP – is a pattern in which one or
more of the ridges enters on either
side of the impression, then turns or
makes a recurve, passing or touching
an imaginary line drawn between the
delta and core, then flow the same
side of the impression where the ridges
entered.
- Found in 65% of the
population.
Radius bone or the inner bone – bone
of the forearm that runs to the wrist on
the side where the thumb is located
Ulna bone – bone of the forearm that
runs to the wrist where the little is
located.
Kinds of Loops
1. Radial loop – is a loop in which
the downward slope or the
slanting ridges run toward the
direction of the thumb.
2. Ulnar Loop – is a loop that runs
toward the direction of the little
finger.
WHORL – refers to pattern consisting of
a core and deltas and one or more
ridge forming a complete circuit.
- Found in 35% of the
population
Kinds of Whorl
1. Plain whorl – is a pattern consisting
of two deltas and which at least
one ridge makes a turn through a
complete circuit. An imaginary line
drawn between the two deltas
must touch or across at least one
of the recurving the ridge within
the pattern area. The pattern
could be spiral, oval, circular or
any variant of a circle.
2. Central Pocket Loop Whorl
– a pattern which possesses two
deltas, with one or more ridges
forming a complete circuit
which maybe oval, spiral, circular
or any variant of a circle; or it is a
pattern consisting of two deltas
with one or more recurving ridges
with an obstruction at the right
angle to the inner line of flow
between which the imaginary line
 would touch or across nor
recurving ridge within the
inner pattern area.
3. Double Loop Whorl – consisting of
two separate and distinct loop
formations with sets of shoulders
and two deltas.
Types of core formation which are not
included in the double loop whorl
a. The “S” type core
b. The interlocking type core
c. The information of a loop inside
another loop
4. Accidental Whorl – consisting of
a combination of two different
types of pattern such as loop and
whorl type pattern, but it cannot
be a combination of a plain arch
with any other pattern. It can have
two or more deltas.
RIDGE TRACING – is the process of
counting the ridges intervening
between the tracing ridges (Flows
from the left delta to the right delta).
RIDGE COUNTING – is the process of
counting the ridges that touch or cross
an imaginary line drawn between the
delta and core of a loop.
Ridges subject to ridge counting:
1. An abrupt ending ridge is given
one ridge count
2. A bifurcating ridge is given two
ridge count when it across in the
opening or at the center of the
bifurcation
3. Enclosure is counted as two ridges
4. Cross-crossing or meeting of two
ridges is counted as two
5. An island ridge or a dot is one ridge
count
6. A shot ridge is given one ridge
count
7. A long ridge is given one ridge
count
8. Incipient ridge is not included in
ridge counting
Rules Governing in the Ridge Count
1. White space must intervene
between the delta and the first
ridge count.
2. Fragments and dots can only be
counted if they appear as thick as
the surrounding ridge.
3. If an imaginary line crosses a
bifurcation, each branch shall be
counted separately.
Types of Whorl tracing
1. Inner Whorl (l) – is a whorl pattern
whereby a tracing ridge runs or
goes inside or above the right delta
and there are three or more
intervening ridges
2. Outside Whorl (O) – is the whorl
pattern whereby a tracing ridge
runs or goes below or outside the
right delta and there are three or
more intervening ridges
3. Meeting Whorl (M) – is a whorl
pattern having two or less
intervening ridges regardless of
whether the tracing ridge flows
below or above the right delta.
Fingerprint Laboratory Equipment’s
1. Ink Roller – refers to an instrument
used for spreading the ink into the
slab.
2. Ink Slab – refers to a pie or a plane
glass with as much as ¼ thick and 6
or more inches where the
fingerprint ink is distributed for
fingerprinting.
3. Card holder – refers to a gadget
used for clipping the fingerprint
 card to avoid movement of the
card during printing.
4. Fingerprint Ink – refers to a specially
manufactures ink for purposes of
taking fingerprint. A printers ink is
sometimes used as a substitute.
5. Magnifying Glass – refers to an
instrument used for examination of
developed prints.
Two Types of Magnifying Lens:
1. Linen Tester – having an opening
one inch square with fixed focus
and which can be folded and
carried in the pocket when
necessary.
2. Bausch and Lomb Magnifier – (also
known as horse shoe magnifier) a
magnifying glass with a built in
stand and an adjustable lens suit
the visual sight of the examiner.
6. Fingerprint Powder – refers to the
powder used in developing latent
prints found in the scene of crime.
They are normally found into two
types: the black and white or gray,
which is applied depending
upon the contrasting.
7. Finger brushes – refer to an
instrument used for powdering
latent prints. There are three
variations of brushes use such as:
the fiberglass, magnetic and
feather type.
8. Fingerprint Lifting tapes – refers to a
tapes used for lifting of developed
latent prints which is quite harder
than an ordinary tapes. It has three
varieties: frosted, rubber and
transparent.
9. Latent Prints Transfer Cards – refers
to a card used in preserving latent
prints which is either white oe black
in background.
10. Fingerprint Cards – refers to a piece
of card for recording the ten
fingerprints for comparison. The
actual size 8”x8”.
11. Flash light – refers to a device used
for searching and focusing on
developed latent prints.
12. Roller or Tape Measure – a roll type
by in measuring a crime scene
sketch.
13. Pair of Forceps – refers to an
instrument used for picking up
objects or taking evidence which
should not be touched.
14. Graph Paper – used for sketching
purposes such as latent print
location, indicating measurements
and exact location of objects.
15. Evidence Identification Tapes or
Tag – used to identify objects or
physical evidence.
16. Scissors – refers to a simple
instrument for cutting latent print
tapes and for other purposes.
17. Rubber Gloves – to protect the
technician’s fingers from leaving his
own prints on the objects or on the
scene.
18. Post-mortem Fingerprint Equipment
– refers to a set of equipment’s
consisting of hypodermis syringe,
spoon, tissue, builder or solvent,
tissue cleaner, etc. used for taking
prints of dead body .
19. Carrying Case – refers to a box-like
structure or an attaché used for
carrying necessary equipments at
the scene of the crime.
20. Inkless Inking Device – refers to a
pore Lon pad, sensitized fingerprint
card purpose: not to satin the
fingers. The finger is touched of the
inkless pad and then to sensitized
card and instantly permanent
 readable prints will be developed
without staining the fingers of the
subject.
Two types of Prints found in a
Fingerprint Card
1. ROLLED IMPRESSION – is an
impression made or place in the
fingerprint card taken individually
by rolling the ten fingers of the
subject 180 degrees from tip to the
second joint.
2. PLAIN IMPRESSION – is an
impression made simultaneously
that serves as a reference
impression.
Technician should at the left of the
subject in taking the right hand and
vice-versa.
THUMBS – rolled towards the body of
the subject.
OTHER FINGERS – away from the body
of the subject.
Problems in recording inked fingerprint
1. Temporary deformities
2. Permanent disabilities
3. Deformities
Fingerprint Classification Formula:
CLASSIFICATION – it refers to sorting of
thing into division or group so that they
can later time be quickly located.
1. Primary Classification
– the result of the summation of all
numerical values assigned to
whorls appearing in the fingerprint
chart which is expressed as
numerators and denominators plus
the pre-established fraction one
over one (1/1)
Pair 1 (right thumb and right index)
= 16
Pair 2 (right middle and right ring)
8 and ring fingers only.
Pair 3 (right little and left thumb)
4 included in the ridge counting and
Pair 4 (left index and left middle) =
2
Pair 5 (left ring and left little) = 1
First pattern of every pair is the
denominator or fingers 1,3,5,7 and 9
Second pattern of the pair is the
numerator or finger 2,4,6,8 and 10
Note: Primary classification is
applicable only to WHORL patterns.
2. Secondary Classification
A . Capital Letter Group – is
symbolized by capital letters of the
patterns represented by the two
index fingers after the primary
classification in the classification
line.
Classification Line – refers to a line
placed on the right upper corner of
the fingerprint chart where the
classification formula exhibited.
Plain Arch A
Tented Arch T
Radial loop R
Ulnar loop U
Plain Whorl W
Central pocket loop C
Double loop D
Accidental loop X
B. Small Letter Group– refers to the
three types of fingerprint patterns
only; namely the plain arch (a),
tented arch (t) and radial loop
(r).Whenever any or all of these
patterns appear in the fingers
excluding the index fingers. Their
symbol in small letter is exhibited in
the Classification Line.
3. Sub-second Classification –
derived by ridge tracing a whorl
= appearing at the index, middle
= – It only shows that arch is not
 tracing but it is represented by a 2. Double loop – will be counted
simple dash (-). Whorl patterns will as
be traced and the results will either to its top loop
I, M, O. Loop patterns will be ridge 3. Accidental whorl – will be ridge
counted and the answer will be counted in all but the least ridge
dependent on what finger they count will be used.
appear. 6. Key Division – derived by getting
the ridge count of the first loop
Index finger 1–9 =l formation appearing in the ten fingers
10 or more =O except the two little fingers and the
Middle finger 1 – 10 =l result will be exhibited at the left most
11 or more =O top corner of the classification line.
Ring finger 1 – 13 =1 Take note that it is only one and it
14 or more =O should be a numerator not a
denominator.
4. Major Classification – is similar in – Where there is no loop, the first whorl
process as the sub-secondary is ridge counted being treated as an
through it is applies to the thumbs ulnar loop and the result of the count
only and ridge counting has been is displayed on the left upper corner of
modified. the block where found.
– When arches appear in all prints
Whorl patterns – I, M, O (there is no loop and whorl, the
Loop patterns – S, M, L symbol of the key classification is just a
dash (-) on the classification line.
Tables for Loops LATENT PRINTS – the marking of oily
Table A Table B matter or perspiration from the skin
1 – 11 = S 1 – 17 = S glands left upon any surface which
12 – 16 = M 18 – 22 = M the hands and fingers may have
17 or more = L 23 or more = L touched.
– The word “latent” was derived from
5. Final Division – is derived from Latin word which means “something
the two little fingers. The results of the distinct” or “something hidden”.
ridge counting of a loop and whorl will Types of Latent Prints:
be exhibited at the extreme right 1. VISIBLE PRINTS – those prints which
corner of the classification line. Take can easily be recognized or
note that the whorl will be ridge noticeable even to an amateur
counted not to be ridge trace. technician.
a. Loops – to be ridge counted in its Visible Prints can be divided into two
conventional way formats:
b. Whorls a. Those made by
1. Plain whorl and central pocket contamination with colored substance
loop – will be treated as ULNAR such as blood, paint, dust and dirt
loop for purposes of ridge b. Molded prints – those that are
counting made visible due to contact of the
subject hands and fingers to some soft
object that can assume the patterns
of the finger once compressed to it.
2. INVISIBLE PRINTS – refers to those
prints that are made due to the
sweat present in the fingers and
thumb of a person that is
transferred to any object that he
holds.
Two categories of Invisible Prints:
a. SMUDGE PRINTS – those prints that
are made indistinct due to sliding
motion of the fingers at the time they
are impressed.
b. FRAGMENTARY PRINTS – those prints
that show only one portion of the
pattern or of the friction skins.
Stability of latent prints is highly
influenced by three (3) factors:
1. Climatic condition
2. Subject factor
3. Nature of the surface
Methods of Developing Prints:
1. Dusting Method – considered as the
simplest and traditional used in
developing prints at the scene of the
crime. (Used of powder and brush).
2. Rolling Method – basically used in
developing prints in paper done by
simply rolling the paper with powder
spreading in its surface.
3. Fuming Method – done by using
chemical fumes such as iodine and
Ammonium Fumes.
4. Silver Nitrate Method – done by
spraying a 5% solution of silver nitrate
to the surface of the paper.
5. Ninhydrin Method – is considered as
one of the best method used in
developing prints in paper.
6. Laser Method – is a modern method
of tracing and developing prints.
☺ “FINGERPRINTS CAN NOT LIE BUT
LIARS CAN MAKE FINGERPRINTS”
- UNKNOWN
NOTES ON FORENSIC BALLISTICS
Ballistics
- is the science of the motion of the
projectile and the condition that
affects their motion. It is a science in
itself for it is an orderly arranged
knowledge, which is a product of
series of experimentation, observation
and testing.
- is not an exact science rather it is
applied physics or applied science,
which is subject to changes and
improvement depending upon the
demands of the modern civilization.
Motion
- refers to the mobility or movement of
the projectile from the time it leaves
the shell empty; it leaves the gun
muzzle and until it reach its target or
fall in the ground.
Projectile
- is any metallic on non-metallic ball
which is propelled from a firearm. Its
motion can be categories into three
general types: Direct motion, Rotatory
motion and Translation motion.
3 Types of Motion
1. Direct Motion = is the forward
motion of the bullet or shots out of the
shell by the action of the expansive
force of gases from a burning
gunpowder.
2. Rotatory motion = is the action of
the bullet passing through a rifled bore
barrel firearm which is either twisted to
the left or to the right.
3. Translational = is the action of bullet
once it hits a target and subsequently
ricocheted.
☺Origin of the Word Ballistics
The word Ballistics was derived
from two Greek words. The word
“ballo” and the word “ballein” which
literally mean, “to throw”. The term
also said to have been derived from
the Roman war machine called
“Ballista”, a gigantic catapult that was
used to furl missiles or large object at a
distance like stone, dead animal or
even dead person.
The study of Ballistics in the early
age is divided into (3) three Divisions:
1. Internal Ballistics
2. Exterior or External Ballistics
3. Terminal Ballistics.
From the time the gun was fired
until it reaches the target and has its
maximum effect. At present ballistics
branches into four (4) and this is due
to its subsequent used in solving
problems in connection with the
administration of justice particularly
cases involving firearms and
ammunition which is termed as
Forensic Ballistics.
Branches of Ballistics:
1. Interior (Internal) Ballistics = it treats
of the motion of the projectile while it
is still inside the firearm (chamber
/barrel) which extends from the
breech to the muzzle. The conditions
attributed to internal ballistics are as
follows:
a. Firing pin hitting the primer
b. Ignition of the priming mixture
- The priming mixture (composing of
the KCLO3, sulfur and carbon)
located either at the cavity rim or at
the center of the primer upon the
striking effect of the firing pin will ignite
and such action is known as
“Percussion action”.
c. Combustion of the gun
powder/powder charge or propellant
- Once the priming mixture was
ignited; the ignition will be imparted to
the gunpowder by passing through
the vent converting the powder into
gas.
d. Expansion of heated gas.
e. Pressure developed - The
outward push or thrust of the gasses
due to the burned powder
f. Energy generated
g. Recoil of the gun - Is the
equal and opposite reaction of the
gun against the forward movement of
the bullet upon explosion. The
backward or rearward movement of
the gun in relation to the forward
movement of the bullet. Jump is
another portion of the recoil action
characterized as the backward and
upward movement of that takes
place before the bullet leaves the
muzzle.
h. Velocity of the bullet inside
the barrel - It is the relative speed of
the bullet per unit of time while it is still
inside the barrel expressed in feet per
second.
i. Rotation of the bullet inside
the barrel
j. Engraving of the cylindrical
surface of the bullet
2. Exterior (external) Ballistics = treats
of the attributes or movement of the
projectile after leaving the gun
muzzle.
 a. Muzzle Blast - Is the noise b. Terminal Energy - Is the
created at the muzzle point of the energy or force of the projectile when
gun. it strikes the target same as striking
b. Muzzle energy - Energy energy.
generated at the muzzle point c. Terminal Velocity - Is the
measured in foot-pound. speed of the bullet upon striking the
c. Trajectory - Refers to the target.
parabola-like flight of the projectile d. Terminal Penetration - Is the
from the time it leaves the muzzle until depth of entry of the bullet in the
it hits the target. It is also described as target.
the actual curve path taken by a
bullet. 4. Forensic Ballistics - This branch of
d. Range - Refers to the ballistics is the product of the
imaginary straight distance between application of the ballistics to law. The
the muzzle of the gun and the target. idea comes with the used of the word
d.1. Accurate Range= the forensic.
distance within which the shooter or
gunner has control of his shots. ☺The word Forensic was derived
d.2. Effective Range= the from the Latin word “forum”
distance within which when the bullet meaning a “market place” where
was fired it is still capable of inflicting people gathered for public
fatal injury. disputation or public discussion.
d.3. Maximum Range= the
distance that a projectile can When used in connection with
propelled from a firearm. The farthest the word ballistics or other natural
distance the bullet could travel. science, it suggests a relationship
e. Velocity - Refers to the rate to the courts of justice or legal
of speed of the bullet (during its flight) proceedings. Forensic Ballistics is
per unit of time usually express is feet defined as the study of the motion of
per second (ft/sec.) the projectile as applied to law or
f. Pull of Gravity - It is the simply the science of firearm
downward reaction of the bullet identification by means of the
towards the earth surface due to its ammunition fired through them.
weight. Scope of Forensic Ballistics:
g. Air Resistance - Refers to the 1. Field Investigation - Refers to the
force of the air encounter by the work of the police officer (investigator)
bullet in its flight. on the field which includes
3. Terminal Ballistics = is that branch of recognition, collection, markings,
Ballistics which deals with the effects packing, and transmittal of ballistics
of the impact of the projectile on the evidences
target. 2. Ballistics Technical Examination of
a. Terminal Accuracy - It refers the Exhibits - Refers to the job done by
to the size of the bullet grouping on the firearm examiner in the laboratory
the target. such as markings, test firing,
photomicrography preparation of
comparative chart, and the final
reports on the findings of the firearm
examiner.
3. Legal Proceeding - A task in which
the examiner must appear in court as
an expert witness
The Evolution of Firearms
(PERSONS BEHIND FIREARMS)
1. John M. Browning - Wizard of the
modern firearms and pioneered the
breech loading single shot rifled which
was adopted by Winchester.
2. Samuel Colt - Patented the first
practical revolver and maker of the
Colt Peace Maker, a famous revolver
in the history.
3. Alexander John Forsyth - Father of
the percussion powder.
4. Major Uziel Gal - An Israeli army who
designed UZI (Israel) in the year 1950.
5. Col. Calvin H. Goddard - Father of
modern Ballistics.
6. John C. Garand - Designed and
invented the Semi automatic U.S. Rifle
Cal. 30. M1 garand.
7. George Hyde - A well-known expert
in the field of SMG, (also known as
grease gun) developed in 1941.
M3A1 (USA).
8. Michael Kalashnikov - Designed the
AK (Automat Kalashnikova) 47 (Soviet
Union) adopted by the Russian Army
in the year 1951.
9. Horace Smith - Founded the great
firm of Smith and Wesson and
pioneered in making breech loading
rifles.
10. Eugene Stoner - Designed the U.S.
M16 Armalite under licensed by Colt
Company from July 1959 onwards.
11. L.C. Smith - Developed shotgun
bearing his name now the Ithaca gun
Company.
12. John T. Thompson - Developed in
the course of WW1 the Thompson
M1A1 and model of 1928 A1 (USA).
Pioneered the making of Thompson
sub-machine gun.
13. Daniel B. Wesson - Associates of
Horace Smith in the making of
Revolver.
14. David “Carbine” Williams - Maker
of the first known Carbine.
15. Oliver Winchester - One of the
earliest rifle and pistol maker.
IMPORTANT DATES IN THE EVOLUTION
OF FIREARMS
1242 A.D. Roger Bacon published the
“ De Mirabili Potestate Artis et
Naturae” (On the Marvelous Power of
Arts and Nature), which noted Black
powder formula.
1498 Introduction of the rifling and
sights became better and breech
loaders were attempted although
never succeeded yet even multi shots
arms due to lack of good ignition
system.
1500’s The development of the Wheel
Lock, operates in the same principle
as the modern day cigarette lighter.
At mid of 1500’s “snaphaunce” was
developed.
1575 Paper Cartridge was developed.
Ball and powder charged were
wrapped in chemically treated paper
to allow the carrying of numerous pre-
measured charges or pre loaded
rounds.
1750 The development of Breech-
loading firearms leading to the
making of FERGUSON Rifle of Major
Patrick Ferguson, COLLIER Rifle, which
is a flint lock repeating rifle operated
on a revolving principle and, the HALL
Rifle patented in 1811 by Col. John
Hall and was the 1st breechloader
adopted by the U.S. Army.
1805 The Percussion System. Alexander
John Forsyth discovered a compound
that would ignite upon blow that
would ignite the powder charge. In
1840 it replaces the flintlock ignition
and was adopted in 1838 by the British
and in 1842 by the American.
1835 The first real cartridge was
developed “The Flobert Cap” same as
the BB and was considered the
forerunner of .22 short cartridge.
1835 Samuel Colt patented the first
revolver and marketed in 1872, a
breech loading revolver.
1836 Pin fire Cartridge, was developed
by Le Faucheux. A much real pin fire
cartridge was also developed in
the same year by Houiller.
1845 Rim fire cartridge, Flobert
developed the BB (bullet breech)
cap, which was considered the
forerunner of the .22 cal cartridge. In
the same year, New Havens Arms
Company owned by Oliver F.
Winchester, through the effort of Tyler
Henry developed a .44 cal rim fire
cartridge for Henry Rifle.
1846 Smokeless powder was
discovered. It was used in shotgun first
in the year 1864 by Capt. Eschultze of
Prussian Army and in Rifle by the year
1884 by M. Vieille of France.
1873 Colt Peace Maker, model 1873,
.45 cal. The most famous revolver in
history and legend was
manufactured.
1884 Automatic Machine Gun. Hiram
Maxim developed the first fully
automatic gun.
FIREARMS:
Legal Definition of Firearm - Firearms
or arms as herein used, includes rifles,
muskets, carbines, shotgun,
pistol, revolvers, and all other deadly
weapons, to which a bullet, ball, shot,
shell, or other missiles maybe
discharge by means of gun powder or
other explosives. This term also
includes air rifle, except such of being
of small caliber and limited range
used as toys. The barrel of any firearm
shall be considered a complete
firearm for all purposes hereof. (Sec
877 Revised Administrative Code/ Sec.
290 National Internal Revenue Code).
Technical Definition
Firearm is an instrument used for
the propulsion of projectile by means
of the expansive force gases coming
from burning gunpowder. (FBI manual
of Firearms Identification).
Classification of Firearms
A.Two General Classification of
Firearms (According to Interior Barrel
Construction)
1. Smooth Bore Firearms =
Firearms that have no rifling (lands
and grooves) inside their gun barrel.
Examples: Shotguns and Musket
2. Rifled Bore Firearms = Firearms
that have rifling inside their gun barrel.
Examples: Pistols, Revolvers, and other
modern weapons.
B. Main Types of Firearms (According
to the Caliber of the projectile
propelled)
1. Artillery = Refers to those type
of firearms that propels projectile with
more than one inch diameter.
Examples: Cannons, Mortars and
Bazookas
2. Small Arms = Are firearms that
propels projectile with less than one
inch diameter and it can be handled,
moved and operated by one man.
Examples: Machine gun, shoulder
arms and handguns.
2.1 Machine guns - Machine
gun is a type of firearm that is primarily
designed for military use.
Even in investigation of shooting
cases done in the city, it is not usual or
common to encounter this type of
firearm having been used. It can be
grouped in three general types:
2.2 Sub Machine Gun - Is a light,
portable form of machine gun, utilizing
a pistol size ammunition, having a
shoulder stock that may or may not be
folded and designed to be fired with
both hands.
Shoulder Arms - Shoulder Arms are
those types of firearm that were
normally fired from the shoulder.
Rifles = A shoulder weapon designed
to fire a projectile with more accuracy
through a long rifled bore barrel,
usually more than 22 inches.
Carbine = A short barrel rifle, with its
barrel rifle, measuring not longer than
22 inches. It fires a single projectile
though a rifle-bore either semi-
automatic or fully automatic, for every
press of the trigger.
Muskets = is an ancient
smoothbore and muzzle loading
military shoulder arms designed to fire
a shots or a single round lead ball.
Shotgun = A smooth bore and a
breech loading shoulder arms
designed to fire a number of lead
pellets or a shots in one charge (FBA
Manual)
The barrel construction of shotgun
may also be found in different bore
construction.
A. Cylinder bore type = which the
bore size is the same throughout the
barrel
B. Choke bored gun = designed with a
diminishing or reducing bore diameter
type towards the muzzle. This type is
designed to cause an effect to the
travel of the shots. It makes the shots
travel longer before it spreads.
C. “Paradox gun”.= still in a very rear
occasions another type of shotgun
can be observed to be having rifling
only a few inch from its muzzle points.
2.3 Handguns = those type of
firearms that are designed or intended
to be fired using one hand.
Ex. Pistols and Revolvers:
a. Pistol - In early firearm history,
all handguns are generally called as
pistols. There were three classes of
pistols in the period. The single shot
pistol, the semi-automatic and the
revolving pistols now known as the
revolver.
b. Revolver - Revolver is a type
of firearm designed to position
cartridge into position for firing with
the aid of a rotating cylinder serving
as its chamber.
☺There are two (2) types of revolvers
according to its mechanical firing
action. Single action, a type of
revolver that needs a manual cocking
of the hammer before squeezing the
trigger and the other is Double action,
a type of revolver that does not need
manual cocking. Just press the trigger
and it both cocked and released the
hammer causing a much faster firing.
C. Types of Firearms (According of
Mechanical Construction)
 1. Single shot firearms = types of
firearms designed to fire only one shot
every loading. Examples: Single
shot pistols, Revolvers and shotguns.
2. Repeating Arms = A type of
firearms designed to fire several loads
(shot) in one loading.
Examples: Automatic pistols
revolvers rifles and shotguns.
3. Automatic F/A = type of
firearms that constitutes a continuous
firing in a single press of the trigger
and while the trigger is press.
Examples: Machine guns and rifles
4. Slide Action type = types of
firearms in which loading take place
by back and forth manipulation of the
under/over forearms of the gun.
Examples: Shotgun and pistols
5. Bolt Action Type = Type of
firearms in which reloading takes
place by manipulating the both
back and forth. Examples: Rifles,
shotguns and machine guns.
6. Lever type (Break type) =
loading takes place by lever action
on the firearms. Examples: Rifles and
shotguns.
Miscellaneous Types of Gun
1. Cane gun, knife pistols, cell phone
gun, etc. = devices principally
designed for other purpose to which a
gun mechanism is incorporated also
called as Freakish gun.
2. Flare gun = designed for tracing or
sending signals or locating enemy
troops.
3. Freakish gun = a tool in which
firearm mechanism is attached to
prevent easy identification.
4. Gas gun = generally referring to all
gun designed from firing tear gas.
5. Harpoon guns = refers to a barbed
spear in hunting large fish.
6. Multi –Barreled gun = refers to all
types of gun containing a number of
barrels.
7. Paradox gun = a type of gun
which contains lands and grooves a
few inch from the muzzle point.
8. Tools = are those devices
which resembles a gun designed but
are generally used for construction
of furniture.
9. Traps = refers to gun
used for trapping animals that are
fired to woods.
10. Zip Gun = refers to all type
of homemade gun.
AMMUNITION:
Legal DefinitionAmmunition = refers to
loaded shell for rifles, muskets, carbine,
shotgun, revolvers and pistols from
which a ball, shot shell or other missiles
maybe fired by means of gun powder
or other explosive. The term also
includes ammunition for air rifles as
mentioned elsewhere in the code.
(Chapter VII, Sec.290 of NIRC as well
as Sec 877 RAC).
Technical Definition - Ammunition
refers to a group of cartridge or to a
single cartridge. Cartridge is a
complete unfired unit consisting of
bullet (ball), primer (cap), cartridge
case (shell) and gunpowder
(propellant).
☺Origin - The word cartridge was
derived from the Latin word “Charta”
meaning – a “paper” and also from
the French word “Cartouche”
meaning – a rolled paper. This only
indicates that the first type of
cartridge was made up of a rolled
paper. It was about the turn of the
16th century that the term “cartridge” approximate equivalent in mm and
comes to use. use: Inches MM.
Cal. .22 about 5.59 mm- used in
A. General types of Ammunition
revolver, pistol and rifles
a. Dummy ( used as a model)
Cal. .25 about 6.35 mm- used in pistols
b. Drill Ammunition (without gun
and rifles.
powder)
Cal. .30 about 7.63 mm- (mauser) – for
c. Black Ammunition (without bullet)
carbines and other rifles
d. Live Ammunition
Cal. .30 about 7.63 mm (luger)
B. Classification of Cartridge
Cal. .32 about 7.65 mm for automatic
I. According to the Location of the
pistols and revolvers
Primer
Cal. .380 about 9 mm- used for pistols
a. Pin-Fire = is a type of
Cal. .357 used in magnum .357
cartridge in which the ignition cap
revolvers
(primer) is concealed inside the
Cal. .45 about 11 mm – used in
cartridge case and has a pin resting
automatic pistols
upon it.
Cal. .50 used in .50 cal. Machine gun
b. Rim fire = is a type of
Shotgun Cartridge - It refers to a
cartridge in which the priming mixture
complete unit of unfired cartridge
is located at the hallow rim of the
consisting of the pellets, primer, case,
case can be fired if the cartridge is
wads and gunpowder.
tuck by the firing pin on the rim of the
Types of Shots
case (cavity rim).
1. Soft or Drop Shots = made by pure
c. Center fire = refers to a
or nearly pure lead, to which a small
cartridge in which primer cup (ignition
amount of arsenic has been added to
cap) is centrally placed in the base of
make it take on the form of a
the cartridge case and the priming
spherical drop as it falls down the shot
mixture is exploded by the impact of
tower. This type is easy to deformed or
the firing pin and with the support of
flattened, loose their velocity quicker,
the anvil.
low penetrating power and string out
II. According to Rim Diameter
more.
a. Rimmed Case type.
2. Chilled or Hard Shot = is a type of
b. Semi-Rimmed type
shot with a small amount of antimony
c. Rimless type
mixed with lead to increase hardness.
d. Rebated type = refers to the
It does no deform easily, better
cartridge with rimless pattern, but
patterns, less string and more uniform
which has a rim diameter smaller than
velocity and penetration.
the body of the case
3. Coated or Plated Shot = also called
e. Belted type = a cartridge with
as “lubaloy” shot. A chilled shot
a prominent raise belt around its body
coated with thin copper through
just in front of the extraction groove.
electroplating design for greater
III. According Caliber = Calibers in
strength and elasticity, great
cartridges in inches and their
resistance to deformation and leading
and better pattern. Buck Shot = a
large size lead shot for used in shotgun
☺The word “Bullet” was derived
from French word “Boullette” which
means a small ball. This term is
generally used when we are referring
to projectile fired from any small arms,
which has a variety of form, especially
during the earlier history.
In a more technical sense, Bullet refers
to a metallic or non-metallic
cylindrical ball propelled from a
firearm it is sometimes called as shots
or slugs. Bullets have various types
depending upon their specific nature
and purpose. In general bullet can be
classified as either Lead or Jacketed.
General Types of Bullets
1. Lead Type – is a type of a bullet that
is basically composed of lead metal.
Its used was due to its density;
having a good weight is a small size
and easy for casting.
2. Jacketed Type – Is a type of bullet
consisting of the regular lead core,
Coated with a copper alloy in order to
prevent lead fouling of the barrel and
is generally used in pistols and other
high powered guns.
According to their Maximum Effect to
their targets
1. Ball Type – Is a type of bullet, which
is intended for anti-personnel and
general use.
2. Armor piercing – is a type of military
bullet designed to penetrate light
steel armor. Its mechanical
construction makes it capable of
penetrating through some light
vehicles.
3. Explosive Bullet - Is a small bullet
containing a charge of explosive,
which will detonate on impact.
4. Incendiary Bullet –Type of military
bullet used to cause fire in a target,
generally designed to use by aircraft
armament in order for the fuel tanks to
ignite.
5. Tracer Bullet – a type of military
bullet capable of leaving visible marks
or traces while in flight giving the
gunner the chance to observe the
strike of the shot or make adjustments
in the event of a miss.
☺Cartridge Case - Cartridge Case is
the metallic or non-metallic tabular
container usually of brass (70% copper
and 30% zinc) designed to unite the
bullet, primer and the gunpowder into
one unit.
It is also known as shell or casing.
Functions of the Cartridge Case
1. It locates the bullet properly relative
to the bore of the firearm.
2. It is used to carry the means of
ignition.
3. It provides gas seals at the breech
against an unwanted escape of
propellant gas upon firing.
4. Serves as waterproof container for
the propellant or powder charge.
5. Acts as the insulator between the
propellant and the hot walls of the
chamber in a rapid firing of firearms.
Parts of the Cartridge Case
1. Base= the bottom portion of the
cartridge case which contains the
head stamp marking on the base of
the shell containing the caliber,
manufacturer and in some cases
including the date, trade name, and
batch number.
2. Rim= is the part of the cartridge
designed to limit the forward
movement of the cartridge to
chamber.
3. Extracting grooves= is the circular
groove near the rim of the shell
designed for automatic withdrawal of
the case from the chamber.
4. Primer Pocket=is that part of the
shell which provides the means for the
primer to be put in the central
position. Its function is extended to: (a)
hold the primer in place; (b) to
provide means to prevent the escape
of gas; (c) to provide solid support for
primer anvil.
5. Body= is the cylindrical part of the
shell which house the gunpowder.
6. Shoulder= that part of the cartridge
case which support the neck of the
cartridge which is evident in a
bottleneck type.
7. Cannelure= is the cylindrical groove
in the outer surface of the cartridge
case designed to secure the shell to
the chamber as well as prevent bullet
from being push down to the powder
charge. In some instance it is even
being utilized for identification.
8. Neck= is that part of the shell which
is actually occupied by the bullet. This
is obvious in a bottleneck type of shell
but not with the straight type.
9. Crimp= is the cylindrical groove on
the mouth of the shell designed for
two purposes: One (1) is to hold the
bullet and prevent it from being pull
out from the shell and Two (2) to offers
resistance to the bullet out of the neck
to ensure burning of the gun powder.
10. Vent or Flash hole= is the hole at
the bottom of the primer pocket as
the passage way for the priming
mixture to impart an ignition to the
propellant charge.
Primer
- (also called CAP) is the ignition
system of the cartridge used in a
center fire type, containing a highly
sensitive chemical compound that
would easily ignite or bursts into flame
when struck by the firing pin. It may
either be Berdan or Boxer type. It is
also known as the percussion cup. The
Berdan is a type of primer
construction, which was designed in
1860s by Colonel Hiram S. Berdanof
the U.S Army Ordinance Department.
The Boxer on the other hand, was
developed by Col. Edward M. Boxer
of the Royal Laboratory at Woolwich
Arsenal in the year 1866.
Parts of the Primer:
1. Primer Cup= Is the brass gilding
metal cup which contains the priming
mixture, the disc and the anvil.
2. Priming Mixture= Is the highly
sensitive chemical compound which
ignites by the mechanical blow of the
firing pin. Also called as percussion
powder.
3. Anvil= Is that portion of the primer
which provides solid support and
absorbs the blow of the firing pin
causing friction that would initiates
ignition.
4. Disc= Is a thin paper or foil which is
pressed over the priming mixture in
order to protect it from moisture
attack.
Gun Powder - Gunpowder (also called
as propellant or Power Charge) is that
mixture of chemicals of various
compositions designed to propel the
projectile by means of its expansive
force of gas when burned. Two of the
most popular individual whose name is
always attached to gunpowder
discovery were Roger Bacon and
Berthold Schwartz. Let’s take a short
description of how their names are
always mentioned in the history. Roger
Bacon, (1242 A.D.) a Franciscan monk,
who wrote the ---“De Mirabili
Potestate Artis et Naturae” (On the
Marvelous Power of Art and Nature),
including an anagram.
Berthold Schwartz (whose real name
was Constantin Anklitzen), a the year 1889, Prof. Abel, a
mysterious monk of Freiburg, who
according to legend that is supported
by an engraving dated 1643, while
experimenting on some powder in a
cast iron vessel, he ignited a charge
and thus blew off the lid, and from this
deduced the principle of containing a
charge in a tube and propelling a
shot (Encyclopedia of ammunition).
☺The Black Powder - the oldest
known explosive, was initially made
from saltpeter (75%), charcoal (15%)
and sulfur (10%).
These problems in the used of
black powder was later remedied with
the introduction of the smokeless
powder. According to Harrison,
Captain E. Schultze of the Prussian
Army, made the 1st successful used of
smokeless powder in shotgun in the
year 1864. (Although historically
nitroglycerine compound was first
discovered in 1846). The basic
ingredient used for smokeless powder
is a nitrocellulose that was first
produced by adding a nitric acid to
cellulose fiber. Later, M. Vieille of
French developed the first smokeless
powder for riffle in the year 1884 and
named it “poudre B” taken after Gen.
Boulanger’s name. In 1887, Alfred
Nobel invented a smokeless powder
with nitroglycerine (40%) and
nitrocellulose (60%) as the main
composition and called it “Ballistite”. In
Great Britain, they utilized picrid acid
in addition to cellulose powder which
they called “Lyddite” and in Germany
TNT (Tri-nitrololeune ) was the one
used, more powerful than picric acid
but much difficult to detonate. Also In
British
War dept. Chemist developed
“Cordite” a smokeless powder with
same composition as Nobel in the
form of cords or sticks. And in early
1890’s smokeless powder had
replaced black powder and became
uniformly used worldwide by the year
1900.
Firearms Characteristics
Stages in the manufacture of barrel
A. Drilling - A special deep hole
is used through the center which
lubrication oil is forced under pressure
B. Reaming – a process in which
the scars/scratches left by the drilling
operation is remove
C. Rifling - This process
necessary for the making of the helical
groves inside the barrel and such can
be performed in any of the following
methods:
1. Hook – cutter system (cutter)
2. Scrape – cutter system
(scraper)
3. Broaching system – (broach)
4. Button – system (button)
D. Lapped – a polishing
operation in which a lead plugs
closely fitting the inside of the barrel is
drawn back and forth on a rod
carrying with polishing compound.
The Breech face - Just like any barrel
of every firearm, the breech face also
bears with it the same important.
Types of Characteristics in Firearms
A. Class Characteristics = are those
properties or attributes of a firearms
which can be determined even
before the manufacture of the gun.
This is true for such characteristics are
considered to be a manufacture’s
designs or specifications and security.
Class Characteristics of Firearms
1. Bore diameter (caliber or gauge) it
is diameter to which the bore was
reamed. The distance measured
between two opposite lands inside
the bore in a hundredths or
thousandths of an inch. In most
expressed in either caliber in inch or in
millimeters.
2. Number of lands and grooves = the
number of lands an grooves inside the
barrel of a given firearm are always
the same or equal. It may run from 3
to 8, but the most in the modern
firearm are five and six.
Lands = are the elevated
portion of the bore of the firearm.
Grooves = are the depressed
portion of the bore between the
lands.
3. Width of the lands = is dependent
upon the bore diameter of the gun,
grooves, width and number. The lands
are the remainders of the
circumference after subtracting all the
grooves width.
4. Width of the Grooves = is measured
as the shortest distance between the
two dies or edge of a grooves.
5. Direction of Twist = rifling inside the
barrel of the gun is either twisted to
the left or to the right which cause
bullet to rotate as it passes through
the bore, in order to ensure
gyroscopic stability in its flight.
6. Pitch of Rifling = it is the measure of
the twisting of the lands and grooves.
It refers to the measure of the distance
advance by the rifling in order to
make a complete turn inside the
barrel.
7. Depth of the Grooves = the groove’s
depth if measured on a radius of the
bore. Grooves are usually few
thousandths of an inch deep, which
equal to the height of the lands.
B. Individual Characteristics = are
meant for those characteristics which
are being determined only after the
firearm was already been
manufactured. They are the product
of machine imperfections and some
later due to the used of the firearms.
Types of Rifling
1. Steyer Type= is the type of rifling
having four (4) lands and grooves,
right twist and the width of the lands
grooves. (4 RG=L)
2. Carbine Type = rifling having (4)
lands and grooves, right twist, the
width of the grooves is two (2) times
the width of the lands (4RG2X).
3. Smith and Wesson = rifling having (5)
lands and grooves, right hand twist,
the width of the land and grooves are
equal. (5RG=L)
4. Colt = type of rifling having six (6)
lands and grooves, left twist, the width
of the grooves is twice (2) the width of
the lands. (6LG2X)
5. Browning = type of rifling having (6)
lands and grooves, right hand twist,
the width of the grooves is twice
the width of the lands. (6RG2X)
6. Webley = Rifling having seven (7)
lands and grooves, right hand twist,
the width of the groove is three time
larger than the boarder of the lands.
(7RG3X)
7. Winchester = Rifling having six (6)
lands and grooves, right hand twist,
the width of the grooves is three
time larger the width of the lands.
Individual Characteristics in Firearms
= are usually determined by the test
firing which will give us both the test
bullet and the test shell that will show
the individuality of its property based
on the left marks on every bullet and
shell fired from it. Such marks are so
minute that the use of the lens with
high magnification is necessary to
discover individuality.
Marks found of Fired Bullets
1. Land Marks = marks left on a fired
bullet caused by its contact to the
elevated portion (lands) of the bore of
the firearm. It appears as slight
depressions or scratches the
cylindrical surface of the fired bullet.
2. Groove Marks = marks found on a
fired bullet caused by the grooves of
the barrel which is the same
number as that of the
landmarks.
3. Skid Marks = Marks that are
generally found on fired bullet from a
revolver. It is more or less located at
the anterior portion of the fired bullet
due to its forward movement from the
chamber to the barrel of the gun
before it initially rotates.
4.Stripping Marks = marks found on
those bullet fired from a “loose-fit”
barrel wherein the rifling are already
been badly worn-out. Worn-out in the
rifling of the firearms can be cause by
either chemical reaction brought
about by rust (corrosion) or through
excessive use (erosion)
5. Shaving Marks = marks commonly
found on bullet fired from a revolver
cause by its forward movement to the
barrel that is poorly aligned to the
cylinder.
6. Slippage Marks = marks found on
fired bullets passing through either on
oily or oversize barrel.
Marks found on Fired Shells
1. Firing Pin Mark = mark generally
found at the base portion of the
cartridge case more specifically near
center of the primer cup in a center
fire cartridge or at the rim cavity of a
rim-fire cartridge. Considered as one
of the most important marks for
identification of firearms using fired
shell.
2. Breech Face Mark = mark found at
the base portion of the shell cause by
backward movement to the breech
face of the block of the firearm. This is
also one of the important marks in
shell identification.
3. Extractor Mark = mark mostly found
at the extracting groove of the fired
cartridge case. Cause by its
withdrawal from the chamber.
4. Ejector mark = mark generally found
on cartridge case fired from an
automatic firearms. It is located near
the rim of the case cause by the
throwing of shell from the firearm to
the area of shooting.
5. Shearing Mark = sometimes called
“Secondary Firing Pin mark” found in
the primer near the firing pin mark
6. Magazine Lip Mark = marking found
at the two sides of the rim cause by
the magazine lips during the loading
of the cartridge into the magazine for
firing.
7. Chamber Mark = mark mostly found
around the body of the fired cartridge
case cause by the irregularities of nips
inside the walls of the chamber. In
fired cartridge case either of the Firing
pin mark and the Breech face marks
can be used as basis for identification,
in the absence or none use of these
two, both the ejector and extractor
marks can be utilized as secondary
choice.
Problems in Forensic Ballistics
1. Given a fired bullet to determine
the caliber, type; make of firearm from
which it was fired.
2. Given a fired shell to determine the
caliber, type, and make of firearm
from which it was fired.
3. Given a fired bullet and a
suspected firearm, to determine
whether or not the fired bullet was
fired from the suspected firearm.
4. Given a fired shell and a suspected
firearm, to determine whether or not
the fired bullet was fired from the
suspected firearm.
5. Given two or more fired bullets, to
determine whether or not they were
fired from one and the same firearm.
6. Given two or more fired
shell/cartridge case, to determine
whether or not they were fired from
one and the same firearm.
7. Given a suspected firearm, to
determine whether it is serviceable or
not.
FORENSIC CHEMISTRY AND
TOXICOLOGY
DEFINITION OF TERMS:
TOXICOLOGY – the science of poisons,
physical and chemical study of all the
known poisonous substances as well
as the methods of testing for them,
their action on the living body and the
postmortem they result.
POISON – any substance which can
inflict injuries to tissues resulting to
detrimental and noxious effects and
interferes with the normal functioning
of the living body. Whenever a drug of
any type is taken in excessive amounts
and causes illness or death, i.e.
exhibits toxic properties and then
classified as a poison.
POISONING – when drug or a
poisonous substance had been
administered accidentally or
intentionally to a victim.
DRUG – is considered to be any
substance used as a medicine
internally or externally.
MEDICINE – a drug or remedy used for
treating illness.
HEMOGLOBIN – the main component
of the red blood cell is a conjugated
protein that serves as the vehicle for
the transportation of oxygen and
CO2.
DISTILLATION – the process of
separating, concentrating, or purifying
liquid by boiling it and then
condensing the resulting vapor.
Alcoholic liquors ex. Whisky and
Vodka are made this way.
STEAM DISTILLATION the process of
separating or purifying a liquid by
passing steam through it.
FRACTIONAL DISTILLATION – the
process of separating components
that have different boiling point from
a liquid, by first heating the liquid and
then condensing and collecting the
component as they vaporize.
FERMENTATION – the biochemical
process in which a microorganism
breaks down a substance into simpler
ones, especially the creation of
alcohol by the action of yeast on
sugar.
SYMPTOMS – an indication of some
disease or other disorder, especially
one experienced by the patient. For
example: pain, dizziness, or itching, as
opposes to one’s observed by the
doctor.
PATHOGENIC – causing disease, or
able to cause disease.
METABOLISM – the ongoing
interrelated series of chemical
interactions taking place in living
organism that provide the energy and
nutrients needed to sustain life.
ASPHYXIA – a condition in which the
supply of oxygen to the blood and
tissues or both has been reduced
below normal.
RIGOR MORTIS – a state wherein
muscles are rigid an incapable of
contraction.
MEDICO-LEGAL OFFICER – a licensed
physician duly qualified to practice
medicine in the Philippines and has
sufficient experience and training in all
branches of the medico-legal works.
DDB – Dangerous Drugs Board.
TOLERANCE – may be natural or
acquired and is the gradual increase
in amount of the drug necessary to
produce the same effect as the initial
dose.
HABITUATION – is a mental
conditioning to the repetition of an
effect. It represents psychic
dependence.
ADDICTION OR DEPENDENCE – it is a
distortion of the psychological process
by the prolonged administration in the
body of an amount of the drug
adequate for the maintenance of
physical equilibrium. Its development
is favored more by the regularity of
administration. The withdrawal of the
drug creates decided physical and
mental deterioration.
HALF-LIFE – the time taken to lose half
of drug; the time it takes for half a
given amount of a substance such as
a drug to be removed from living
tissues through natural biological
activity.
LAVAGE – the washing out of body
organ; the washing out of hollow body
organ such as the stomach using a
flow of water.
VOLATILE – prone to evaporation;
evaporating at a relatively low
temperature.
FUNCTIONS OF FORENSIC
LABORATORY:
1. Identification and quantitation
of toxic substances in biological
specimen.
2. Therapeutic Drug Monitoring.
FORENSIC CHEMISTRY
Forensic Chemistry deals with the
application of chemical principles in
the examination of physical evidence.
Drug – a substance that has an effect
upon your body and mind
A drug is a substance that, when
ingested, is capable of inducing
physiological change.
Drugs are used to treat or prevent
disease, to alleviate pain, to promote
sleep, or to induce other physiological
responses. All drugs are toxic; it is the
dose that differentiates a therapeutic
drug from a poison.
Drug dependence – a state 0f
psychological or physical
dependence or both which results
from chronic, periodic or continuous public sentiment was turning against
use cocaine, given its potential for
Habituation – the psychological desire addiction, cocaine had been
to repeat the use of drug intermittently removed from the formula by 1929.
or continuously because of emotional
Medicines are combination of drugs
reasons
and inert ingredients but the term
Addiction – physical dependence of
drug and medicine are often used
the user on the drug
interchangeably.
Uses of drugs:
Example: Aspirin is a drug, but if
1. to treat or prevent disease
it is a part of a preparation used
2. to alleviate pain
treat a cold or flu, that
3. to promote sleep
preparation is called a
4. to induce other physiological
medicine.
response
Physical addiction – biochemical or
☺WHAT A DIFFERENCE A CENTURY
physiological change caused by
repeated use of the substance.
MAKES
The original formula for Coca Cola Classification and Categories
was invented by chemist John S A. By Origin and Function
Pemberton, who wanted to create 1. Natural Product Examples:
the perfect medicinal drink. He had Marijuana, Opiates, Cocaine,
heard about extracts of the coca Psilocybin, Mescaline
plant and knew of its purported 2. Semisynthetic Examples:
stimulant and aphrodisiac effects. His Heroin, Hormones, Steroids, LSD
concoction as “PEMBERTON,S FRENCH 3. Synthetic
WINE COLA” launched in 1885. It sold Examples:Diazepam,
particularly well in Atlanta, the city Amphetamines, Barbiturates,
that became the corporate Meperidine, Methadone
headquarters of the Coca Cola B. By General Effect
Company. He continued working on 1. Stimulants – “Uppers”;
the beverage, striving to make a stimulates functions of the
“temperance drink” based on coca Central Nervous System,
extracts and the kola nut, but without induces alertness and interferes
the bitter taste typical of alkaloids. The with sleep. In high doses, many
addition of sugar and corn syrup stimulants are hallucinogenic.
helped, along with some citric acid to Examples:
counter any oversweetening. The Methamphetamine
name Coca Cola came from the two hydrochloride,
key ingredients: the kola nut and Amphetamine,
cocaine. Pemberton sold the 2. Depressants – depress functions
company when he became ill with of the Central nervous System
cancer, but work continued on the generally resulting in a slowed
formula. By the turn of the century, heartbeat, a reduction in
 anxiety and in some cases, the
promotion of sleep.
Examples: Barbiturates,
tranquilizers, sleep aids, and
ethanol
3. Hallucinogens – effects. Most inhalants are not
“Pshychedelics”; are drugs
that alter the perception of
time and reality. Movement,
thought, perceptions, vision
and hearing are also affected.
Examples: LSD, Mescaline,
and marijuana
4. Analgesics – are drugs that
relieve pain; Examples: Aspirin,
Ibuprofen and morphine
5. Narcotics – have analgesic
effects and tend to depress the
central nervous system and
promote sleep. Examples:
morphine, codeine, heroin
C. By Use
1. Predator drugs – also known as
date-rape drugs and drug-
facilitated sexual assault (DFSA)
agents Examples: ketamine,
flunitrazepam and gamma
hydroxybutyrate (GHB)
2. Club drugs – used at parties
and clubs frequented by
young people; many are also
predator drugs. Examples:
Ecstacy, Methamphetamine,
Phencylidine (PCP)
3. Human-Performance Drugs –
consists of substances that
improve or impair ones
performance Examples:
Anabolic steroids and alcohol
Anabolic steroids include dozen
of drugs, mostly acquired by
prescription, based on testosterone.
These drugs are abused by athletes in
attempts to increase their muscle
mass and decrease the recovery time
after strenuous training and
competition.
4. Inhalants – are substances that
are inhaled to produce desired
intended to be used as drugs.
These have depressant effects
similar to those of alcohol
Examples: paint thinners,
gasoline, nitrous oxide
(laughing drug, gasoline)
D. By Schedule |Under RA 9165|
(Note: see last page for the
schedule)
The 5 P’s
1. Powders– include colored powders
from crystalline white to resinous
brown.
a. Examples: shabu, heroin,
2. Plant materials – are biological
evidence, must be stored properly
to prevent rotting and degradation
a. Examples: marijuana,
mushrooms, cactus buttons
b. Hashish – concentrated form
of marijuana, lies between
plant and powder
3. Pills– are prescription medications
or clandestinely synthesized tablets.
4. Precursors– are compounds or
materials used in the clandestine
synthesis of drugs such as
methamphetamine.Examples:
Ephedrine, PCP
5. Paraphernalia – are the
implements and equipment used in
the preparation and ingestion of
drugs.
a. Examples: Syringes, pipes,
aluminum foils, straws, tooters
CUTTING AGENTS
Cutting agents or diluents – are 3. Homicidal
substances that are not drugs and 4. Undetermined
that have no pharmacological ACTIONS OF POISON:
properties which are added to a 1. Local
target drug evidence to stretch the 2. Remote
supply a the dangerous drugs and 3. Combined
maximize profits Examples: baking CONDITIONS MODIFYING THE ACTION
soda, sugar, cocoa powder, corn OF POISON:
starch A. Those Attributed to Individual
Adulterants– are active and typically B. Those Attributed to the Poison
(but not always) have effects that are ENTRANCE AND ELIMINATION OF
grossly similar to the target drugs POISONS:
effects. Caffeine added to cocaine is ENTRANCE:
an example in which both the drug 1. Mouth and are absorbed into
and the adulterant are stimulants the circulation after passing
Impurities– are materials found with through the stomach and
the drug (if it is a natural product) or intestinal wall.
added to it inadvertently during the 2. Nose and enter the blood from
processing. the upper respiratory passages
Pharmacology – is the study of drugs or lungs.
and medicines 3. Eyes.
Pharmacodynamics – defined as the 4. Rectum, vagina, urethra,
study of the effects of drugs over time bladder, and ureters by
and is concerned with the interaction injection.
of a drug with its target. 5. Hypodermic injection.
Pharmacokinetics – is the study of the 6. Intravenous injection.
movement of a drug and its ELIMINATION:
metabolic products through the body. 1. Emesis 5. Milk
2. Respiration 6. Sweat
CLASSIFICATION OF POISONS: 3. Feces 7. Saliva
A. According to Kingdom 4. Urine 8. Tears
B. According to the Chemical GENERAL TREATMENT OF POISONING:
Properties 1. Removal of the poison.
C. According to Physiological Action 2. Administration of Antidotes
D. According to Pharmacological Antidote is a drug or other remedy
Action that counteracts the effects of a
E. According to Methods of Isolation poison. It may neutralize the
TYPES OF POISONING: poison.
A. From Medical Concept KINDS OF ANTIDOTES:
1. Acute Poisoning A. Mechanical antidotes
2. Chronic Poisoning B. Chemical antidotes
B. From Legal Concept C. Physiological antidotes
1. Accidental SPECIAL TREATMENT
2. Suicidal 1. Gas poisoning
 2. External burns This group of poisons includes the
VOLATILE POISONS organic and alkaloid which are non
Volatile poisons are those which may volatile with steam from acid solutions
be isolated by means of steam but are extracted by acidulated
distillation. alcohol.
ALCOHOLS 1. Picric acid
1. Ethyl alcohol or ethanol; grain 2. Salicylic acid
alcohol; beverage alcohol. 3. Barbiturates
2. Methyl alcohol or wood alcohol; 4. Alkaloids
methylated spirit; Columbia spirit 5. Picrotoxin
3. Higher alcohols METHODS OF EXAMINATION OF DRUGS
a. Iso-amyl alcohol DRUGS TEST USED REACTIONS
NOTED
b. Iso-propyl alcohol
1. Opium and Marquis Purple or
c. Diacetone alcohol
Derivatives violet
d. Ethylene glycol
color
ALDEHYDES
1. Formaldehyde 2. Heroin Nitric acid Yellow to
2. Glutaraldehyde green
3. Acetaldehyde color
4. Paraldehyde 3. Morphine Nitric acid Red
5. Glyceraldehyde orange
ACIDS to yellow
1. Formic acid color
2. Acetic acid 4. Cocaine Cobalt Blue
Thiocyan precipita
HALOGEN COMPOUNDS ate te
1. Chloroform 5. Barbiturates Dille- Violet
2. Chloral hydrates koppanyi color
3. Carbon tetrachloride 6. Amphetami Marquis Red
4. Iodoform (Lutgarten’s test – nes orange
specific test for iodoform) to dark
5. Ethyl bromide brown
6. Ethyl Chloride 7. Marijuana Duquenoi Violet
PHENOLS s-Levine color
1. Carboxylic acid 8. LSD PABA Purple
2. Cresols and Lysols color
CYANIDES ALKALOIDS OF ACONITE
1. Hydrocyanic acid 1. Aconitine
2. Potassium cyanide 2. Atropine
OTHER VOLATILE SUBSTANCES 3. Hyoscyamine
1. Ether 4. Aniline 4. Quinine
2. Acetone 5. Carbon bisulfide 5. Hyoscine
3. Nitrobenzene METALLIC POISONS
NON VOLATILE POISONS 1. Arsenic 3. Iron
 2. Lead 4. Mercury 2. Harmful chemical agents used
MISCELLANEOUS POISONS as insecticides and heavy
A. ANIMAL POISONS metals.
1. Cobra (snake) 3. Pathogenic bacteria and other
2. Poisonous insects organisms
3. Poisonous frogs a. Pathogenic bacteria
4. Poisonous mushrooms  Staphylococcus
a. Bees 1. Amanita muscaria (fly  Escherichia coli
agaric)  Clostridium botulinum
b. Wasps 2. Amanita phalloides  Salmonella enteriditis
(death cups  Listeria monocytogenes
c. Spanish fly (Cantharis  Campylobacter jejuni
vesicatoria beetle) 3. b. Virus
False morel  Hepatitis A
d. Jack-o-lantern c. Parasites
POISONOUS GASES:  Trichenella spiralis
1. Carbon monoxide (tapeworm)
3. Sulfur oxide  Echinococcus granulosus
2. Carbon dioxide  Taenia echinococcus
4. Chlorine INVESTIGATION OF FATAL CASES
FOOD POISONING Poisoning is indicated in cases
Food poisoning or food-borne of sudden or unexplained death has
illness is any illness associated with taken place under questionable
eating food contaminated by circumstances or in illness of suspicious
disease-causing bacteria, viruses or nature discovered by the physician in
parasites. a patient who presents a suggestive
SYMPTOMS OF FOOD POISONING strain of symptoms. When investigating
 Nausea such cases, the following are
 Stomach cramps necessary:
 Diarrhea 1. A thorough search and check
 Dehydration (excessive fluid loss should be made of the
from the body may develop, surrounding.
leading to thirst, dizziness or 2. The position and appearance of
fainting) the body.
 Abdominal pain 3. The appearance of the skin,
 Vomiting around the mouth, lips, rectum,
 In addition to food poisoning by vagina, and genital.
parasite, it will result to 4. The pupil of the eye whether
permanent damage to the contracted or dilated.
eyes, heart and other organs. 5. Odor present.
FACTORS WHICH MAY LEAD TO FOOD 6. Condition of the skin and
POISONING: possible marks as a result of
1. Natural toxins in plants and hypodermic needle injection.
animals.
 7. The hand for the presence of
any object. The latter aids the
investigator in determining
whether the object was
grasped before death or
placed on the hand after
death; if the fingers do not
grasp the object tightly, object
has been there before the
death of the victim. This is
significant in case of simulated
suicide.
EVIDENCE OF POISONING
1. Living Body – the best proof for
homicidal or suicidal poisoning
is the discovery of poison in the
excretion, vomited material or in
food taken by the victim.
2. Dead Body – in all cases of
poisoning, whether homicidal or
suicidal, fatal or not, the
presence of the poison must be
proved. Proof of poisoning may
be obtained from the post
mortem examination and by
chemical analysis of the organs
taken from the body of the
deceased.
BLOOD
Blood has been called as
circulating and transporting tissue. It
carries oxygen, minerals and food to
the cells and carries carbon dioxide
and other waste products away from
the cells.
Composition of the Blood:
1. Formed Cellular Components
2. Plasma
a. Red Blood Cells (RBC) or
Erythrocytes
b. White Blood Cells (WBC) or
Leukocytes
c. Platelets
Importance of the Study of Blood:
1. Circumstantial Evidence or
corroborative evidence against
or in favor of the perpetrator of
the crime.
2. Disputed Parentage.
a. Disputed Paternity
b. Disputed Maternity
3. Determination of the cause of
death.
4. Determination of the direction
of the escape of the victim or
assailant.
5. Determination of the
approximate time the crime
was committed.
6. Determination of origin flow of
blood.
Examination of Blood Samples:
A. Screening Test
1. Benzidine test – blue color on
the filter paper.
2. Saline extract of the
bloodstain plus ammonia –
brownish tinge
3. Guaiacum test (Van Deen’s
Dyas or Schombein’s test –
blue color
4. Phenolphthalein test (Kastle-
Meyer test) – pink color
5. Leucomalachite green test –
peacock blue color
B. Confirmatory Test
1. Hemin (Teichman test)
2. Haemochromogen
(Takayama test)
C. Precipitin Test – used to
determine if blood is of human
origin or not.
SEMINAL FLUID
- or semen is a composite solution
formed by the testes as well as the
accessory male reproductive organs
and consists basically of spermatozoa
suspended in the seminal plasma.
Importance of Semen Analysis:
1. Examination of seminal fluid is
usually performed as part of a
comprehensive infertility
investigation involving partners of a
barren marriage.
2. Seminal examination is frequently
requested for forensic studies to
examine vaginal secretions on
clothing stains for the presence of
semen in alleged or suspected
rape.
3. Seminal examination is also utilized
to evaluate the effectiveness of
vasectomy or to support or
disprove a denial of paternity on
the grounds of sterility.
Stages of Seminal Examination:
A. Wet Specimen – freshly ejaculated
semen is highly viscid, opaque,
white or gray-white coagulum,
which has a distinct musty odor or
acrid odor. Within 10 to 20 minutes
the coagulum will spontaneously
liquefy to form a translucent, turbid,
viscous fluid, which is mildly alkaline
with a pH about 7.7. Normally,
suspected semen may be found
wet. In this condition, examination
is relatively simple. A drop of the
fluid is placed on a glass slide, and
then a drop of distilled water is
added. A cover slip is placed over
the preparation after which,
specimen is examined under a
high-power microscope to
determine the presence of sperm
cells.
Normal Quantity of Semen per
Ejaculation: 1.5 to 5.0 or 3-7 mL (ave.
4mL) normal up to 15mL
Normal Value of Sperm cell per mL of
Semen: 70-150 million sperm cells/mL
of semen.
B. Dry Specimen
1. Physical Examination
2. Chemical Examination
a. Florence test – characteristic
crystal of choline is slender and
yellow tinted.
b. Baberios test – almost specific
for human due to prostatic
secretion.
- Seminal stain as old as 6
years gives positive result to
this test.
- Crystals are formed
appearing like rhomboid
needles with obtuse angle
c. Acid Phosphatase test – based
upon the extraordinary high
phosphate content of human
ejaculate.
3. Microscopic Examination – the only
specific test for semen is the
identification of sperm cell under a
microscope.
There are cases when semen seems
too hard to detect because of the
following conditions:
1. Azoospermia – total or complete
absence of spermatozoa in the
seminal fluid. The person said to be
aspermic. This is seen in bilateral
small undeveloped testes and
obstruction from the previous
traumatic or operative procedures
with gonorrhea.
2. Oligozoospermia – deficiency in
number of spermatozoa or only a
few motile sperm cells are present.
This is seen in bilateral or even
unilateral hydrotropic testes and
hypothyroidism.
3. Necrozoospermia – spermatozoa
are present but are completely
immobile or dead.
TRACE EVIDENCES
In the crime scene trace
evidences are present which seems
insignificant and most of the time
overlooked by the investigator.
Perhaps, the basic requirement of
trace evidence is that there must be
contact or an exchange of trace
materials between person and thing.
Common of these trace evidences
found in crime scene are:
a. Threads
b. Fibers
c. House
d. Glass particles
e. Tool marks
f. Soil, rocks, minerals and debris
Hair – is an appendage of the skin and
these are found in any part of the
human body except plants of the
bands and soles of the feet. They are
resident to decomposition and
putrefaction. Hair may be found as
evidence at the scene of the crime
under different circumstances. It may
be found on the body of a victim,
clothing, on the offender or radiator
grill of an automobile or murder
weapon. It may be human or in
animal nature. In any event, such
evidence can be a great
importance.
Parts of the hair
Main Parts of the Hair:
1. Cuticle – outermost portion which
contains several layers of
overlapping, scale-like cells.
2. Cortex – the principal of the hair
consists of elongated cells united
to make flattened fibers.
3. Medulla – the central axis of the
hair which is composed of many
sided-cells with air spaces between
them. It is not present in ever thin
hair.
Other Parts of the Hair:
1. Shaft – the visible portion of the
hair.
2. Root – formed by the cells
embedded on the skin.
3. Hair follicle – encloses the root, a
tubular invagination of epidermis
surrounded by a sheath of
connective tissue.
Glass Fractures
Glass is usually transparent
substance that shatters easily and is
used for manufacturing windows,
bottles and lenses. It is made by
melting sand in combination with
other oxides such as lime or soda
without crystallizing them.
Types of Fractures:
1. Radial fractures
2. Concentric fractures
FORENSIC MEDICINE
Petrography – the systematic of the  Deals with the investigation,
description of the textures of the rocks preparation, preservation and
and the minerals they contain, often presentation of evidence and
using microscopy of thin slices of the
medical opinion in courts and
rocks to determine the mineral
content. other legal, correctional and
GUNPOWDER AND OTHER EXPLOSIVES other law enforcement settings
Gunpowder is an explosive  Encompasses a variety of fields
powder used in ballistics, specifically, in forensic science such as
black powder. Gunpowder was the pathology, anthropology,
first explosive known. The formula of odontology, toxicology,
the gunpowder appears in the writings
entornology, and others
of the 13th century by an English monk
Roger Bacon, but it seems to have  Deals with the activities or acts
been discovered by the Chinese, who punishable under the
had used in it firecrackers several lawMEDICO-LEGAL CASES
hundred years before his time.
Schedule Medical Control of Required Potential Addiction Examples
use Prescriptions Security for Potential
Abuse
I None None; used Vault or Highest Severe LSD, Heroin,
accepted only for safe MDMA, MJ,
research GHB
II Some Written Morphine,
accepted prescription Cocaine,
with with no amphe, meth
restrictions refills
III Accepted Written or Secured Moderate Ketamine,
uses oral (phone Area to low codeine
in), limits on
refills and
time
IV Accepted Written or Lowest limited Benzodiazepin
uses oral (phone es, valium,
in), limits on tranquilizers
refills and
time
1. Injuries or deaths involving persons
who have no means of being
identified
2. Persons pronounced as “dead on
arrival”
3. Death under the following
circumstances:
a. Death occurring within twenty-
four (24) hours of admission
when the clinical cause of
death is unknown or
indeterminate
b. Unexpected sudden death
especially when the deceased
was in apparent good health
c. Death due to natural diseases
but associated with physical
evidence suspicious of foul play.
d. Death as a result of violence,
accident, suicide or poisoning
e. Death due to improper or
negligent act of another person
4. Physical injuries caused by:
a. Gunshot wound, stab wound
etc.
b. Vehicular accident
c. Asphyxia
d. Electrocution, chemical or
thermal insult
e. Accident, attempted homicide
or suicide
f. Poisoning
5. Cases of child of abuse, domestic
violence, rape, alcoholism and drug
addiction
6. Cases involving the mental
incompetency of the patient
DECEPTION AND DETECTION (source:
Solis)
Knowledge of truth is important in the
administration of justice, lies solely in
the ability to evaluate the statement
given by the suspect or witness.
Methods of deception detection:
1. Devices which record the psycho-
physiological response:
a) Use of a polygraph or lie
detector machine
b) Word association test
c) Psychological stress evaluator
2. Use of drugs that try to “inhibit the
inhibitor”
a) Administration of the truth
serum
b) Narcoanalysis or
Narcosynthesis
c) Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
6. Confession
1. RECORDING OF PSYCHO-
PHYSIOLOGICAL RESPONSE
Sympathetic – influenced by physical
and emotional stimuli, effects
Parasympathetic – works to restore
things
A. Use of a Lie Detector or Polygraph
= The fear of the subject when not
telling the truth activates the
Sympathetic.
= To a series of automatic and
involuntary physiological changes
which are recorded by the instrument.
= Use of control questions - Most
reliable & effective questioning
technique.
= Supplemetary tests:
a. Peak of tension test - peak
of tension on relevant
questions
b. Guilt complex test - does
not response to added
relevant quest.
 c. Silent answer test -
subject verbal response
creates distortion in the
tracing or clearing of the
throat.
Reason for admissibility to the court of
the result of Polygraph exam:
1. Have not received the degree of
standardization of acceptance.
2. Trier of fact is apt to give almost
conclusive weight to the expert’s
opinion
3. No way to assure the qualified
examiner administered the test.
4. May waive right against self-
incrimination.
5. It has many errors.
Factors responsible to 25% errors:
1. Nervousness experienced by a
subject who is telling the truth
- apprehension by the fact that he
is a suspect.
- over-anxiety to cooperate
2. Physiological abnormalities - BP
increase or decrease, Cardiac
problem.
3. Mental abnormalities
4. Unreponsiveness in a guilty subject –
no fear of detection
5. Attempt to beat the machine
☺ Can a person be compelled?
ANSWER: No, use of intelligence and
other faculties.
B. Word association test:
-Time interval between the words
uttered by the examiner and the
answer of the subject is recorded.
C. Psychological Stress Evaluator
- when a person is under
stress/lying, the microtremor in the
voice utterance is moderately or
completely suppressed.
- degree of suppression varies
inversely to degree of psychological
stress .
II. USE OF DRUGS THAT INHIBIT THE
INHIBITOR
- Not admissible in court
A. Administration of truth serum
- Hyocine hydrobromide given
hypodermically until state of delirium
which the subject feels a compulsion
to answer the question truthfully.
B. Narcoanalysis or Narcosynthesis
- Sodium amytal or sodium
penthotal
C. Intoxication with alcohol - In wine
there is truth (in vino veritas)
III. HYPNOSIS
- alteration of consciousness,
not all subjects can be hypnotized
IV. OBSERVATION
Physiological and psychological
signs and symptoms of guilt:
a) Sweating, color change
b) Dryness of the mouth
c) Excessive activity of Adam’s
apple
d) Fidgeting
e) Peculiar feeling inside
f) Swearing, spotless past record
g) Inability to look at the
investigator
V. INTERROGATION
- emotional appeal, Mutt and Jeff
technique
☺Mutt and Jeff interrogation
techniques, often called good cop
bad cop, involve an interrogation
technique employing at least two
interrogators, one of which plays the
"irate tough guy" and the other the
"sympathetic soul there to help."
(SOURCE: Citizendium)
VI. CONFESSION
- expressed acknowledgement of
his guilt.
MEDICAL EVIDENCE – a kind of
evidence sanctioned by law of
ascertaining, in a judicial proceeding,
the truth respecting a matter of fact
wherein scientific medical knowledge
will be used.
DEATH - the complete and persistent
stopping or cessation of all the vital
functions of the body (heart, brain
and respiratory functions) without
possibility of resuscitation
- Termination of life
- Irreversible condition followed
by decay
KINDS OF DEATH
1. Somatic or Clinical – There is
complete, persistent and
continuous cessation of all the
vital functions of the brain, heart
and lungs which maintain life
and health.
2. Cellular or Molecular – death of
individual cells after three to six
hours
3. Apparent Death or State of
Suspended Animation – 2. Post-Mortem Lividity or Livor
temporary loss of consciousness
or temporary cessation of the
vital functions of the body on
account of disease, external
stimulus or other forms of
influence.
TWO TYPES OF DEATH
a) Cardio-Respiratory Death – the
continuous, persistent,
irreversible cessation of heart
action and respiration (no
heartbeat, no breathing)
b) Brain Death – irreversible
cessation of all functions of the
brain, including the brain stem
(both the cerebrum or the
higher brain, and the lower
brain or the brain stem are no
longer functional)
- There is absence or electrical
brain activity.
MEDICO-LEGAL CLASSIFICATION OF
CAUSES OF DEATH
1. Natural Death – caused by a
natural disease or condition in
the body.
2. Violent Death – due to injuries
inflicted in the body by some
form of outside force
a) Accidental
b) Negligent
c) Suicidal
d) Infanticidal
e) Parricidal
f) Murder
g) Homicidal
SIGNS OF DEATH/EARLY CHANGES
AFTER DEATH
1. Cooling (Algor Mortis) – caused
by the absence of heat in the
blood. The rate of fall of body
temperature averages about
0.9oC about 1.8oF per bear
Mortis – the setting of blood to
the lowest part of the body,
causing such part to become
dull-red or purplish in color.
Becomes apparent after 4-6
hours from the time of death.
Becomes fully established after
12 hours
Two stages of LIVIDITY
 a) HYPOSTASIS
b) The blood is still in fluid form
c) DIFFUSION
d) The blood is no longer in fluid
form
3. Primary Flaccidity – immediately
after death, there is complete
relaxation and softening of all
the muscles of the body.
- The muscles are relaxed and
capable of contracting when
simulated
- There is incontinence of
urination and defecation
- Lasts about three to six hours
after death
4. Rigor Mortis (Post Mortem
Rigidity) – refers to the rigidity of
muscles.
- The whole body becomes rigid
due to the contraction of the
muscles
- Starts after 3 to 6 hours after
death, completed at 12 hours
and remains so for 36 to 48
hours
- Caused by heat stiffening
(pugilistic attitude of the body),
cold stiffening and cadaveric
spasm
Cadaveric Spasm or instantaneous
Rigor
- The instantaneous rigidity of the
muscles which occurs at the
moment of death due to
extreme
- Nervous tension, exhaustion and
injury to the nervous system or
injury to the chest
- Rare condition where there is
the instantaneous rigidity of
certain group of muscles.
Heat Stiffening/Pugilistic attitude of the
body
- Extremities are flexed and hands
are clenched
- Caused by stiffening and
contraction of the muscles
- Commonly observed when the
body or a person is placed fluid
or when the body is burned to
death.
Cold Stiffening – due to the
solidification of fat when the body is
exposed to freezing temperature.
5. Secondary Flaccidity – after the
disappearance of rigor mortis,
the muscles becomes soft and
flaccid, due to the dissolution of
the muscles proteins which have
previously been coagulated
during the period of rigor mortis.
- The body becomes limp again
and the muscles are no longer
capable or responding to
mechanical or electrical
stimulus.
- Signals the start of putrefaction
or decomposition due to
bacteria
- Noted about 48 hours after
death
POST-MORTEM DECOMPOSITION
1) Autolysis – decomposition by
enzymes
2) Putrefaction – decomposition by
bacteria; noted after 48 hours
after death; first appears as a
greenish discoloration;
generalized swelling and
reddish discoloration along the
lines of the superficial veins
occur, called Marbling.
3) Mummification – dehydration by
extreme dry heat; the body
becomes dry, brittle, dark
brown
 4) Adipocere Formation or
Saponification – noted to occur
after several months after
death; th fatty tissue of the
body is replaced with a white
greasy product
5) Maceration – softening of the
body when immersed in the
water
6) Skeletonization – the reduction
of the body to the skeletal form
FACTORS OR CONDITIONS
ENHANCING DECOMPOSITION
1) Obesity
2) Infection
3) Moderate moisture in the air
4) Running water
5) Moist, fertile soil
6) Shallow grave
7) Clothing
8) Hot environment
9) Soft or weak coffin
10)Septic air
11)Organic Materials in coffin
12)Mass graves
13)Absence of light
14)Free air accessibility
FACTORS OR CONDITIONS DELAYING
DECOMPOSITION
1) Skinny or Emaciated body
2) Sudden/violent death,
3) Excessive moisture in air
4) Still water
5) Dry, sandy soil
6) Deep burial
7) Tight clothing
8) Frozen
9) Airtight, hard coffin
10)no infection
AUTOPSY – a comprehensive study of
a dead body performed by a trained
physician using recognized dissection
procedures and techniques, primarily
to determine the true cause of death
- Indicates that, in addition to an
external examination, the body is
opened and an internal
examination is conducted.
POST-MORTEM EXAMINATION – refers
to an external examination of a dead
body without incision being made,
although blood and other body fluids
may be collected for examination.
Kinds of AUTOPSIES
1. Hospital or Non-Official – done on a
human body with the consent of the
deceased person’s relatives for the
purpose of:
a) Determining the cause of death
b) Providing correlation of clinical
diagnosis and clinical symptoms
c) Determining the effectiveness of
therapy
d) Studying the natural course of
disease process
e) Educating students and
physicians
2. Medico-Legal or Official – an
examination performed on a dead
body for the purpose of:
a) Determining the cause, manner
or mode and time of death
b) Recovering, identifying and
preserving evidentiary material
c) Providing interpretation and
correlation of facts and
circumstances related of death
d) Providing a factual, objective
medical report for law
enforcement, prosecution &
defense agencies
e) Separating death due to
disease from death due to
external cause for protection of
the innocent
NEGATIVE AUTOPSY- an autopsy which
failed to establish cause of death after
all efforts has been exhaust.
 - An autopsy which after a
meticulous examination with the aid
of other examinations does not yield
any definite cause of death.
NEGLIGENT AUTOPSY – an autopsy
wherein no cause of death is found on
account of imprudence, negligence,
lack of skill and lack of foresight of the
examiner.
METHODS OF DISPOSAL OF DEAD
BODIES
1) Embalming – the artificial way of
preserving the body after death
2) Ground Burial or Inhumation
3) Sea Burial
4) Cremation – the pulverization of
the body into ashes by the
application of heat
5) Donation to Science for Scientific
Purpose
EXHUMATION (Disinterring) – refers to
the taking out of a body from its tomb
or gravesite
- Can be done only upon a
lawful order, with permission
from the Department of Health
- Remains of persons who died
Of non-dangerous, non-
communicable diseases may be
disinterred after three (3) years
- Remains of persons who died
ofdangerous communicable
diseases nay be disinterred after
five(5) years
DEATH by ASPHYXIA – a condition
resulting from a lack of oxygen in the
air from an obstructing mechanism
to respiration
- The general term applied to
all forms of violent death which results
primarily from the interference with the
process of respiration or the condition
which the supply of oxygen to the
blood or the tissues, or both, has been
reduced below normal level.
Types of ASPHYXIAL DEATH
1) Anoxic Death – associated with the
failure of the arterial blood to
become normally saturated with
oxygen
2) Anemic Anoxic Death – due to a
deceased capacity of the blood
to carry oxygen
3) Stagnant Anoxic Death – brought
about by the failure of circulation
4) Histologic Anoxic Death – due to
the failure of the cellular oxidative
process, although the oxygen is
delivered to the tissues, it cannot
be utilized properly.
Types of MECHANICAL ASPHYXIA
1) Strangulation (Throttling) – may be
with the use of hands or a ligature
(such as rope)
2) Smothering or Suffocation – occurs
when the entrance of air through
the nose and mouth is blocked or
severely restricted.
3) Hanging – the neck is tied while the
body is suspended; common form
suicide
4) Choking – there is blocking of the
internal airway by a foreign object
or outside of the victim’s body
5) Crush or Traumatic Asphyxia –
brought about by the mechanical
compression of the chest by some
heavy object
6) Drowning
OSTEOLOGY – the study of skeletons;
the examination of body remains
Medico-Legal Importance of
OSTEOLOGY
1) Determination whether the bones
are of human origin or not
2) Determination of sex
3) Determination of race Hematoma Punctured
4) Determination of age Abrasion Stab
5) Determination of height Lacerated Chop
6) Determination of the plurality or a. Wounds brought about by blunt
missing bones instrument/blunt force injuries
7) Determination of the ante-mortem  Bruise – confusion (pasa)
or post-mortem injuries  Hematoma – bump (bukol)
8) Determination of the duration of  Abrasion – graze, scrape
internment (gasgas)
ODONTOLOGY  Lacerated – characterized
- The examination of dental by irregular or ill-defined
recordsin determining the edges of the wound; gash,
identity of the body tear, cut.
- The possibility of two persons to b. Wounds brought about by sharp
have the same dentition is quite instrument
remote  Incised – caused by sharp-
- The enamel of the teeth is the edged instrument; incision is
hardest substance of the human body longer
C. PHYSICAL INJURIES  Punctured – caused by sharp
PHYSICAL INJURY- The effect of pointed instrument; incision is
some form of stimulus on the body deeper
WOUND - The solution of the  Stab – caused by sharp-
natural continuity of any tissues of the edged and sharp-pointed
living body. The disruption of the instrument
anatomic integrity of a tissue of the  According to relation of the state
body of the application of force and the
CLASIFICATION OF THE WOUNDS location of the injury:
 ACCORDING TO SEVERITY:  Coup injury – physical injury
a. MORTAL WOUND – capable of which is located at the site of
causing death immediately the application of force
after the infliction or shortly  Contre-coup injury – physical
thereafter injury found opposite the site
b. NON-MORTAL WOUND – of the application of force
non capable of causing  Coup Contre-Coup injury –
death immediately after the physical injury located at the
infliction or shortly site and also opposite the
thereafter site of the application of
 ☺ACCORDING TO WEAPON OR
force
 Locus Minoris Resistencia –
INSTRUMENT USED: physical injury located at the
Blunt force Sharp force site nor opposite the site of
injuries injuries the application of force but
in some areas offering the
Bruise Incised
 least resistance to the force
applied
 Extensive Injury – physical
injury involving a greater
areas of the body beyond
the site of the application of
force
☺Penetrating vs Perforating Wounds
Penetrating Perforating
- passes into but Or transfixing –
not through from Latin
organ perforare, per-
through &forare
- to bore
Passes through
and through an
organ
SPECIAL TYPES OF WOUNDS
 DEFENSE WOUNDS
- the result of a person’s
instinctive reaction of self-protection
- injuries suffered by a person to
avoid or repel potential injury
contemplated by the aggressor.
 PATTERNED WOUND
- Wound in the nature and shape
ofan object or instrument and
which infers the object or
instrument causing it.
 SELF-INFLICTED WOUND
Produced or caused by person to
his own self. Also called SELF-
MUTILATION
 GUNSHOT WOUND
Produced by generation of
a bullet within the tissue of the body
 ENTRANCE WOUND
- The wound produced by
the exit of the bullet from the body
- Characteristics :
 Usually small and even smaller
than the projectile itself due to the
retraction of the
 The edge of the wound is inverted
 There is the presence of contusion
collar or abrasion collar due to the
spinning movement and rough
surface of the projectile
 Usually, the shape is round or oval
 EXIT WOUND
- The wound produced by
the exit of the bullet on the
body
- Characteristics :
 Usually larger than the entrance
wound and the projectile itself
 The edge of the wound is averted
 There is no conclusion collar or
abrasion collar
 There is no definite shape
FACTORS AFFECTING THE APPEARANCE
OF GUNSHOT ENTRANCE AND EXIT
WOUNDS
A. Kind of weapon
B. Caliber of the projectile
C. Shape and composition of the
projectile
D. Range of firing
E. Direction of firing
F. Part of the body involved
THERMAL INJURIES
- Those caused by deviation from
normal temperature, capable of
producing cellular or tissue changes in
the body
TWO TYPES OF INJURY BY HEAT
A. DRY BURN
- When the heat is dry
- Also called BURN
B. WET BURN
- When the heat is caused by
liquid
- Also called SCALD
CLINICAL CLASSIFICATION OF BURNS
I. FIRST DEGREE BURN
 Involves the superficial layer of the
skin or tissues
 Characterized by redness and pain
 Peeling of the skin sets in after a
few days
 Example is sunburn
II. SECOND DEGREE BURN
 Involves the superficial layer of the
skin or tissues and nerve endings
 Characterized by the formation of
blisters containing fluid over the
tissues
 The most painful burn because of
the irritation of the nerve endings
III. THIRD DEGREE BURN
 Involves the skin, nerves, muscles
and bones
 Usually encountered in victims of
fire
 The most severe burn because the
victim usually dies from loose of
fluid and electrolyte in the body
and massive infection
LEGAL CLASSIFICATION OF INJURIES
(REVISED PENAL CODE)
 SERIOUS PHYSICAL INJURIES
- A physical injury wherein he
victim is incapacitated for work or
requires medical attendance for more
than thirty (30) days
- When as a result of the injury,
the victim becomes insane, impotent
or blind
- Loses an organ of sense or
locomotion
- Becomes deformed, lost
portions of functions of any part of the
body
 LESS SERIOUS PYHYSICAL INJURIES
- A physical injury wherein the
victim is incapacitated for work or
requires medical attendance for ten
days or more but not more than thirty
days
 SLIGHT PYSICAL INJURIES
- A physical injury wherein the
victim is incapacitated for work or
requires a medical attendance for a
period of one to nine days
 MUTILATION
- The intentional act of looping
or cutting off any part of the living
body
 DEFORMITY
- A temporary or permanent
disfigurement of the body or any part
of the body producing physical
ugliness
C. SEXUAL OFFENSES AND DEVIATION
VIRGINITY
- A condition of a female who
has not experienced sexual
intercourse and whose genital organs
have not been altered by carnal
correction
KINDS OF VIRGINITY
 MORAL VIRGINITY
- The state of not knowing the
nature of sexual life and not having
experienced sexual relation
- Applies to children below the
age of puberty and whose sex organs
and secondary sex characteristics are
not yet fully developed
 PHYSICAL VIRGINITY
- A condition whereby a woman
is conscious of the nature of the sexual
life but has not experienced sexual
intercourse
- Applies to women who have
reached sexual maturity but have not
experienced sexual intercourse
 TRUE PHYSICAL VIRGINITY
- A condition wherein the hymen
is intact, with the edges distinct
and regular, and the opening is
small to barely admit the tip of
the smallest finger of the
examiner even if the thighs are
separated
 FALSE VIRGINITY
- A condition wherein the hymen
isunruptured but the orifice is
wide and elastic to admit two or
more fingers of the examiner
with a lesser degree of
resistance
 DEMI-VIRGINITY
- A condition of a woman who
permits any form of sexual liberties as
long as they abstain from rupturing the
hymen by sexual act
 VIRGO INTACTA
- Applied to women who had
previous sexual act but not yet given
birth
 DEFLORATION
- The laceration or rupture of the
hymen as a result of sexual intercourse
RAPE (RA 8353)
TWO MODES OF COMMITTING
RAPE
 MAN AGAINST WOMAN
By a man who shall have carnal
knowledge of a women under ANY of
the circumstances
- Through force, threat or
intimidation
- When the offended party is
deprived of reason or unconscious
- By means of fraudulent
machinations or grave abuse of
authority
- When the offended party is
under twelve years of age, or is
demented, even though none of the
circumstances mentioned be present
(STATUTORY RAPE)
 PERSONAL AGAINST ANOTHER
PERSON
By any person who under ANY
of the circumstances mentioned
above shall commit an act of sexual
assault by:
- Inserting his penis into
another person’s mouth or anal orifice
- Inserting any instrument or
object into the genital or anal orifice
of another person
CARNAL KNOWLEDGE
- The act of a man in having
sexual bodily connection with a
woman
- Even the slightest penetration
in the sexual organ of the female by
the sexual organ of the male
CRIMES AGAINST CHASTITY
SIMPLE SEDUCTION
ELEMENTS:
- Woman who is single or a
widow of good reputation
- Over twelve years but under
eighteen years of age
- Committed by means of deceit
QUALIFIED SEDUCTION
ELEMENTS:
- Woman who is a virgin
- Over twelve years but under
eighteen years of age
- Committed by any person in
public authority, priest, home
servant, domestic, guardian,
teacher or any person entrusted
with the woman’s education or
custody
FORCIBLE ABDUCTIION
ELEMENTS:
- The abducted is a woman
against her will
- With lewd designs
CONSENTED ABDUCTION
ELEMENTS:
- The abducted is a virgin
 - Over twelve years and under
eighteen years
- Carried out with her consent
- With lewd designs
SEXUAL DEVIATIONS
 HOMOSEXUALITY – sexual desire
towards the same sex
 INFANTOSEXUALITY – sexual
desire towards animals, also
known as PEDOPHILIA
 BESTOSEXUAL – sexual desire
towards animals, also known as
BESTIALITY
 AUTHOSEXUALITY – self-
gratification; also known as
MASTURBATION
 GERONTOPHILIA – sexual desire
towards an older person
 NECROPHILIA – a sexual
perversion characterized by
erotic desire or actual sexual
intercourse with a corpse
 INCEST – sexual relations
between persons who, by
reason of blood relationship
cannot legally marry
 SATYRIASIS – excessive sexual
urge of men
 NYMPHOMANIA – excessive
sexual desire of women
 FELLATIO – the female agent
receives the penis of a man into
her mouth and by friction with
the lips and tongue coupled
with the act of sucking initiates
orgasm
 CUNNILINGUS – sexual
gratification is attained by
licking or sucking the external
female genitalia
 ANILINGUS – a form of sexual
perversion wherein a person
derives excitement by licking
the anus of another person of
either sex
 SADISM (ACTIVE ALGOLAGNIA)
– a form of sexual perversion in
which the infliction of pain on
another is necessary for sexual
enjoyment
 MASOCHISM (PASSIVE
ALGOLAGNIA ) – a form of
sexual perversion in which the
infliction of pain by another is
necessary for sexual enjoyment
 FETISHISM – a form of sexual
perversion wherein the real or
fantasied presence of an object
or bodily part is necessary for
sexual stimulation and
gratification
 PYGMALIONISM – a sexual
deviation whereby a person has
sexual desire for statues
 FROTTAGE – a form of sexual
gratification characterized by
the compulsive desire of a
person to rub his sex organ
against some parts of the body
of another
 VOYEURISM – a form of sexual
perversion characterized by a
compulsion to peep to see
persons undress or perform
other personal activities
FORENSIC PHOTOGRAPHY
CHAPTER 1: HISTORICAL
DEVELOPMENT
Introduction
Photography of contemporary
society is a science itself and an art,
an analysis and documentation
methods, artistic vocation, and
different kinds of applied activity. In
modern scientific crime detection,
photography is, indeed, an excellent
aid of the investigator. It was the
consequences of the observation
made by chemists, Physicist and
scientists.
However, the basis of modern
photography was introduced in 1839
by Fox Talbot. The photographs of
criminals were used to supplement the
Bertillon system of personal
identification. Presently, the
application of photography in Law
enforcement is of vital importance.
The outmost used of it is for record
purposes. Photography can preserved
all perishable evidence.
☺Photography is derived from the
Greek words photos (‘light”) and
graphein (“to draw”) The word was
first used by the scientist Sir John F.W.
Herschel in 1839. It is a method of
recording images by the action of
light, or related radiation, on a
sensitive material. It is also a science
or art of obtaining images in sensitized
involved therein.
Historical Development
Long before the first
photographs were made, Chinese
philosopher Mo Di and Greek
mathematicians Aristotle and Euclid
described a pinhole camera in the 5th
and 4th centuries BC. In the 6th
century AD, Byzantine mathematician
Anthemius of Tralles used a type of
camera obscura in his experiments,
Bin al-Haytham—Alhazen-965–1040
studied the camera obscura and
pinhole camera.
Photography as a usable
process goes back to the 1820s with
the development of chemical
photography. The first permanent
photo-etching was an image
produced in 1822 by the French
inventor Nicéphore Niépce, but it was
destroyed by a later attempt to
duplicate it. Niépce was successful
again in 1825. He made the first
permanent photograph from nature
with a camera obscura in 1826.
However, because the
photographs took so long to expose—
eight hours, he sought to find a new
process. Working in conjunction with
Louis Daguerre, they experimented
with silver compounds based on a
Johann Heinrich Schultz discovery in
1816 that a silver and chalk mixture
darkens when exposed to light.
In 1884, George Eastman
developed the technology of film to
replace photographic plates, leading
to the technology used by film
cameras today. In 1908 Gabriel
Lippmann won the Nobel Laureate in
Physics for his method of reproducing
colours photographically based on
the phenomenon of interference, also
known as the Lippmann plate.
What is Police Photography?
PHOTOGRAPHY is defined as the
art or process of producing images of
object upon a surface sensitive to the
chemical action of light. Going along
the definition given, the image or
objects will not be produced as seen
by the naked eye. The resulting
photographic image will be a shadow
and not permanent. Elements of
photography must be present to
produce a photograph. Light
reflected by the subject or objects
must affects the sensitized materials
and all other lights must be excluded.
Placing the sensitized material inside
the camera can exclude all other
lights.
CHAPTER 2: FORENSIC LIGHT SOURCE
Introduction
Light is the subject matter
discussed by physicists and chemist,
wherein agreement as to the nature
of light is still vague? Dutch Physicist,
Hughens had proposed the wave
theory, based on the transmission of
motion along the surface of water.
The wave theory was later opposed
by the theory that light exert its effects
through the motion of a very small
particles, which has been modified or
replaced by the explanations of
Maxwell and Hertz based on
Electromagnetic.
Speed of Light
The speed of light is always
constant. The average speed of light is
186,000 miles per second. However,
the wave length of the rays of light
may vary considerably. Light must be
regarded in broad sense, as including
not only what apparent to the naked
eye, but all energy radiated in the
form of electromagnetic vibration
must also be considered without
unnecessary complication of the
matters. Then it may be said that said
vibration are usually defined by their
wave length.
Wave Length
On 1666, Isaac Newton proved
that the light men see as white is a
mixture of all colors of the spectrum.
When he passed a beam of sunlight
thought a glass prism, it produces the
rainbow array of hues of the visible
spectrum. The color from top to
bottom is red, orange, yellow, green,
blue and violet. The wave length of
the visible le spectrum is from 400 to
700 millimicrons. One millimicron is
equivalent to one millionth part of a
millimeter.
Light that cannot be detected
by the naked eye is the invisible
spectrum. The left region of the visible
light is called the ultra violet region;
the wave of length of it is from 400 to
200 millimicrons. The right region of the
visible light is called the infra red
region which is too long in wave
length to excite the retina of the eye.
Ti is detected by the skin as heat.
Visible Light
The range of the visible light
produces different sensation when
they strike the human eye. Colors of
different objects are usually mixture of
light of various wave lengths and not
a special color. The wave length of
the visible light is from 400 to 700
millimicrons which will produce white
light. When light falls on any material,
these things occur, i.e., the light is
reflected; the light is absorbed, and
the light is transmitted.
Ultra Violet Light
The ultra violet light is divided
into the near and far ultraviolet and
ranges from about 30 to 400
millimicrons wave length. This ray of
light is invisible like the infrared rays.
The position of the ultra violet region
falls between the shortest rays visible
to the human eye and the x ray
region of longest wave length. The
reaction of the constituents under
ultraviolet light is the underlying notion
in ultraviolet photography.
Some constituents give up
energy in the form of visible light that
produces a fluorescence effect. Other
constituents only changed in color on
its application. These differences in
reaction of substances help to a great
extent in distinguishing one substance
from another
Infrared Light
Infrared lights are lights having a
wave length greater than 700
millimicrons. Its wave length ranges
from 700 to 1000 millimicrons. Infrared
is not a color or any kind of red. It is
invisible rays. As already stated herein,
the infrared is detected by the human
skin as heat. It is so called infrared
because they adjoin the red
spectrum. Infra-red means below the
red. These rays of light although
invisible is important in law
enforcement photography because it
permits results to be obtained which
are not possible with only invisible
infrared region of the spectrum when
strikes by blue-green light.
X-Rays
X-rays are electromagnetic
energy having a wave length that
ranges between 01 to 30 millimicrons.
Objects which are opaque as seen by
the naked eye can be penetrated by
x-rays to produce a shadow
photograph of one internal structure
of solid objects, x-rays is suitable.
Sources of Light
There are two sources of light,
they are known as the natural and
artificial. Natural lights are lights which
come to existence without the
intervention of man and artificial lights
are lights which are man-made light.
In photography, natural light is used
for outdoor photography and artificial
light are utilize in indoor photography
to augment the adverse lighting
condition.
Natural Light
The source of all daylight is the
sun. The combination of color and
contrast ascertains the quality of the
day light. The lighting contrast
depends upon the sunlight available
in the daylight, when the sun is not
covered by clouds. Then the contrast
is high, contrary if the sun is covered
by the clouds the contrast is low. In
the process of photographing an
object, the lighting contrast must be
considered in the exposure of the film.
Some of the factors affecting
the color of the day light are;
atmospheric vapor, atmospheric dust
and reflected light reached the
objects and not directly coming from
the source. Daylight may be classified
according to its intensity, i.e., bright
sunlight, hazy sunlight and dull sunlight.
These are modified by the film
manufacturer like as—open space
bright sunlight, under shade bright
sunlight, hazy sunlight, cloudy bright
sunlight, and cloudy dull sunlight.
Classification of Lights
To distinguish this classification of
daylight according to its intensity, the
appearance of the shadows must be
considered, as follows:
1. Bright Sunlight
The subject will produced strong
shadows, because the source of light
is not covered and the objects or
subjects appear glossy in open space
due to direct sunlight and reflected
lights coming from the sky which act
as a reflector.
2. Dull Sunlight
The sun is totally covered by
thick clouds. No shadows are cast,
due to the uniform illumination of lights
all around the subjects in open space.
3. Hazy Sunlight
 The sun is covered by the light
clouds and the shadow appears
bluish because of the decrease of
light falling on the subjects in open
space. The shadow cast is transparent
to the eye and more details are
visible under these lighting
conditions than in bright sunlight.
Artificial Light Sources
Almost all artificial light sources
can be used in photographing of
objects, nevertheless, artificial light
commonly used in photography are
the following:
1. Photoflood Lamp = Also known as
reflectorized light or spot light. This is
so, because, this type of lamp need a
reflector to focused the light on the
subjects. It can be a bulb with a built
in reflector or bulb which need a
reflector. The life span of this bulb is
seven to eight hours when it is being
used intermittently.
2. Flash Bulbs = this is chemical lamps
as it generates lights by the rapid
combustion of metal in oxygen. The
bulb can be used only once as the
bulb busted when fired electrically.
There are thin filaments inside the bulb
with two electrical contacts, when the
current flows through the filament, it
becomes incandescent and ignites
the explosive primer that ignites the
aluminum foil that burns, giving a flash
of intense light.
3. Electronic Flash = Produces light by
an instantaneous electrical discharge
between two electrodes in gas filled
glass bulbs. The electrical energy for
the discharge is kept in capacitor or
condenser.
4. Fluorescent Lamps = this is tube
lamps wherein the walls are coated
by materials capable of fluorescence.
Both end has a terminal and
commonly mounted into a holder that
serves as the reflector. This type of
lamps is commonly used, and
not merely in photography.
5. Infrared Lamp = this is a special type
of artificial light that is capable of
producing infrared radiation. Flash
bulbs designed to give a high intensity
of infrared light was made and can
be used conveniently with a flash gun.
This type of bulb is useful in
photographing the objects or subjects
at dark places.
6. Ultraviolet Lamp = is a gas lamp
burning disulphide vapor in oxygen or
in nitric oxide. It was followed by
several lamps designed to
produce ultraviolet radiation, light, the
mercury vapor light, the electric
discharge lamps and the commercial
lamps. This type of bulb is common to
all people as black light.
7. HandScope Xenon FLS HSX-5000 =
The Handscope Xenon is a new
Forensic Light Source that combines
the versatility of multiple wavelengths
with the convenience of battery
power. It features more intensity than
other battery powered alternate light
sources and a larger, more highly
defined, focusable spot size.
8. Mini-Crime Scope MCS-400, a
compact, portable and rugged UV-
visible tunable light source with 400W
metal halide lamp. The system
includes a 2 meter liquid light guide.
The Mini-Crime Scope provides
multiple wave length and the easiest
way to switch them. Multiple
wavelengths are critical in rejecting
background fluorescence.
CHAPTER 3: PHOTO-FILM &
PAPERS
What is Film?
Film contains minute grains of
silver halide suspended in animal
gelatin and coated on celluloid
material. It has two parts, the emulsion
and the base. Actually, there are four
various layers of film they are: the thin
coat of animal gelatin, the emulsion,
the base, and the anti-halation
backing. To protect the emulsion from
abrasion, the thin coat of clear gelatin
is essential, the anti-halation backing is
necessary to prevent halation and the
base as the support of the emulsion.
Films are classified according to
its form and types. Basically films that
are available in the markets today are
in various forms. It can be in rolls, in
cartridges and cut sheets. Light
sensitively of the film can be
ascertained thru its various types. The
film can either be a fast sensitive
material or slow sensitive material. It
can be sensitive to all colors or
especially prepared for certain use or
purpose.
Light sensitivity of the film is also
known as the speed of the film. Such
speed of the film is determined thru its
ASA or DIN numbers given by the film
manufacturers. The literal meaning of
ASA is American Standard and
Association and the DIN is German
Industrial Standard. The former express
the speed in numbers thru arithmetic
system and the later thru logarithmic
system.
Types of Films
Enumerated and discussed hereunder
are the different types of films:
1. Fast Speed Film = It contains
numerous numbers of large grains of
silver halide that usually develop in
group. When the available light is dim,
this type of film is the best choice
because of the low reflecting
power of the subject against a
reflecting background low in contrast
but high in brightness. However, the
use of fast speed film is not advisable
due to its graininess result in the
photographs.
2. Panchromatic Film= It is
sensitive to all colors, especially to
blue and violet. It is suitable for
general use in the preparation
of black and white photographs.
There are three classes of
panchromatic film, they are:
process panchromatic film, fine grain
panchromatic film, and high speed
panchromatic film. The process
panchromatic film is low in speed and
high in contrast.
Fine grain panchromatic film
permits short exposures under average
lighting condition and has the
advantage of fine grain structure.
High speed panchromatic film was
designed originally intended for
photographing an object or subjects
under adverse lighting condition.
Contrast of the panchromatic film
usually varies with of the light, and
proper contrast in photograph can be
attained with the use of filters.
3. Infrared Film = It is a special
type of film which is sensitive to
infrared radiation. It is also sensitive to
violet and blue-green. Although the
infrared film is sensitive to blue, such
blue color can exclude by a red filter
that transmit red and infrared
radiation.
4. Color Film = It is a mixture of the
three basic color of the visible
spectrum. The hue dyes are coated to
the emulsion of the film and each hue
is separated by the secondary colors
that will absorb the unwanted
primary colors. In between the blue
and green hues yellow gelatin is
placed so that the blue rays of light
would not affect the green hue and in
between the green and the red dye,
magenta gelatin is placed so that
the green rays of light would not
affect the red hue dye of the
emulsions.
5. Orthochromatic Film = This Film
which is sensitive to all colors except
red, and this type of film is popular in
the market as the Kodalith film.
6. X- Ray Film = It is a material which
is sensitive to x-ray region of the
electromagnetic spectrum.
7. Blue Sensitive Film = It is a film
specially treated that makes it more
sensitive to blue rays of light.
Sensitized Papers
The result of photography in its
final form is a photograph. The
materials necessary to produce a
positive print is a sensitized paper. Its
emulsion is coated to opaque
materials like paper. In the
preparation of photographic paper,
there are three important factors to
be considered, i.e., the type of
emulsion, the contrast rays, and the
physical characteristics. Each type of
emulsion has its own substances and
uses in the preparation of
photographs.
The types of emulsion are as
follows, i.e., silver chloride emulsion,
silver bromide emulsions, and silver
chlorobromide emulsion. The emulsion
that contains silver bromide is known
as the silver bromide papers. Light
sensitivity of this type of emulsion is
faster than the silver chloride papers.
These photographic papers are use
for projection printing or enlarging
process, wherein the image of the
negatives is projected or enlarged. If
properly developed the silver bromide
paper will give a black tones.
That papers that contain silver
chloride in their emulsion is called silver
chloride paper. It’s sensitivity to light
be low and commonly use in contact
printing. Generally the size of the
positive print is the same as the size of
the negative used and usually, it will
give blue black tones if properly
developed. The combination of the
two types of emulsion is called silver
chlorobromide papers. Its sensitivity to
light is either slow or fast.
The slow emulsion is use for
projection printing. The contrast range
of photographic paper is classified by
the manufacturers of the film
according to their own ideas. They
produce different photographic
papers intended for the specific
contrast of the negative to be printed.
Generally, these contrast ranges are
classified into four, i.e., low contrast,
normal and medium contrast, hard
contrast, and very hard or extra hard
contrast
The low contrast paper is usually
suitable to very contrasts negative to
produce a normal print or photograph
on the other hand, the high or hard
contrast paper is suitable to a very low
contrast negative to compensate for
lack of brilliance and produce a
normal print or photographs.
Photographic papers are made with
different characteristics. They are the
combination of thickness, textures and
finish. The texture may be smooth,
rough or linen.
 Its finish may be glossy in a very
smooth surface texture. Other types of
textures may produce a matt or semi-
glossy finish in rough or linen texture.
The paper base of the photographic
paper may be either white or tinted.
Its weigh or thickness may be either
light-weight or single-weight or double
weight. The choice of photographic
papers for printing will depend upon
the purpose of the photographs to be
made. Black and white objects are
usually printed in a white base
photographic paper.
Exposure of Sensitized Materials
Exposures means the range of
illumination or the light is allowed to
affect the sensitized materials at a
given time. The amount of light that
affects the sensitized materials can be
controlled by the lens aperture or lens
opening and duration of illumination
can be controlled by the shutter
speed of the camera. The rays of light
reach the emulsion of the sensitized
materials, a number of silver halides
sensitive to light are affected and
produce latent image. This image can
only be visible after development.
Exposures Factors
These factors are considered in
the exposure of the sensitized
materials so as to produce a good
photograph. Any alterations in the
illumination caused by external
conditions, like the use of filter, artificial
light, color of the subjects and others,
introduces factors that will affect the
exposure of the sensitized materials.
CHAPTER4: CAMERA & follows:
ACCESSORIES
Definition of CAMERA = may be
define as a light tight box, with a
means of forming the image—lens,
with a means of holding sensitized
material—film holder, and with a
means of controlling the amount of
light that will reach the film. It is a
device use in the photographing of
objects
Essential Parts of Camera
Enumerated and briefly discussed
hereunder are the essential parts of a
camera:
1. Light Tight Box = this part of the
camera is very essential because of its
capability to exclude all unwanted
light that might expose the sensitized
material or film. It is an enclosure that
devoid light.
2. Lens = the lens is the one responsible
in focusing the rays of light coming
from the subject. It is the most essential
part of any cameras. Without this lens,
the sharpness of the image formed on
the film would be impossible. The
diaphragm, the bigger amount of light
will pass thru the lens.
3. Film Holder = the film holder holds
the film firmly inside the camera. It is
always located at the opposite side
of the lens of any camera.
4. Shutter = the shutter served as the
barrier of the rays of light that will
enter and affect the film inside the
camera. It is usually placed at the
path of the light passing thru the lens.
Other Parts of Camera
Aside from those essentials of
the camera, there are other parts of
any camera which are necessary in
photographing an object. They are as
1. Viewing System = the viewer of any
cameras will show the entire scene
coverage that can be recorded in the
film inside the camera. It is usually
attached on top or side of the
camera or the viewer is the taking
lens itself when the camera is a single
lens reflex type.
2. Film Advancer = the film advancer
of the camera is necessary so that
exposed film can be wind or
transferred to the take up spool and
the unexposed film will be on the
opposite side of the lens for another
exposure.
3. Shutter Speed = the shutter speed
will control the duration between the
opening and the closing of the
shutter. It will regulate the quantity of
light that will reach and affect the film
inside the camera
4. Lens Aperture = the ratio between
the diameter and the focal length of
the lens is called lens aperture. It is the
light gathering power of the lens. The
rays of light passing thru the lens
aperture can be controlled by its
opening
5. Focusing Mechanism = the
sharpness or clearness of the objects
being photograph will depend upon
the focusing system of the camera.
This mechanism will estimate the
object distance from the camera and
formed a sharp or clear images in the
photographs.
Major Types of Camera
There are so many models of
cameras available in the commercial
market today, but the types of
cameras can be classified according
to the viewing system, namely:
1. View Finder Type = It is the smallest
and simplest type of camera is the
view finder camera. Its view finder
framed the objects that will be
recorded on the film. Usually it is made
of a simple lens located at the
peephole of the camera. Very often
the focusing system of this type of
camera is in the view finder itself.
Otherwise, the camera is fixed focus
one.
2. Single Lens Reflex Type = the best
way to determine the entire coverage
of the camera is to look directly
behind the lens of the camera. In this
manner, the objects can be framed
properly and recorded on the film.
Out of this solution a single lens reflex
type of camera comes to existence.
With a mirror behind the taking lens,
the image of the objects is reflected
to the viewer and it enables the
photographer to compose and focus
the objects being photograph. This
type of camera will eliminate the
parallax error and it will work well with
all lenses. Nevertheless, the single lens
reflex type is more complex and liable
to break down due to the mirror which
gives way every time an exposure is
made. It is difficult to focus especially
under dim light conditions.
3. Twin lens Reflex Type = basically, the
twin lens reflex camera has two lenses,
one for the viewing and focusing of
the objects, and other is the taking
lens. In this type of camera the image
being photograph canbe seen
in flat surface as reflected by the
mirror behind the viewing lens. The
viewing screen will help the
photographer in the accurate
composition of the object to be
photograph as he looks into the
camera at his waist level. Again the
principal problem on this type of
camera is parallax error especially
when a close –up lens is used.
4. View or Press Camera Type = the
biggest and the most sophisticated
among the different type of cameras
is the view or press camera. This
type of camera is practically useless
for candid or action photography.
However this type of camera is very
useful in forensic law enforcement
and police photography especially in
the reproduction of document and in
photomicrography. Minute objects
can be enlarged and composed
accurately in the large viewing screen
of this type of camera. Since this
camera is bulky, a tripod is necessary.
It will require a black cloth before the
photographer can focus the image
directly on the viewing screen.
Camera Accessories
There are several camera
accessories which are being utilized in
the photographing of an object. The
selection of the camera accessories
will depend on several factors, like the
nature of the objects, kinds of
sensitized materials, the light sources,
and others. Enumerated and
discussed hereunder enumerated as
the camera accessories, as follows:
1. Tripod = It is a triple leg device
which is adjustable to any reasonable
extension. This can be used in holding
the camera when the camera is bulky
or when using a shutter speed lower
than one twenty five of a second to
prevent the movement that will
produce a blur images in the
photographs.
2. Cable Release = this is attached to
the shutter release of the camera and
use in releasing the shutter to prevent
accidental movement of the camera
during the exposure period especially
when longer exposure is
made.Generally attached to a
camera atop a tripod, a cable
release consists of a wire, extending
from the camera that has a button
trigger at the end of it.
3. Flash Units = the flash bulbs or
electronic flash will be synchronized
with the opening and closing of the
shutter. This is very effective to
augment the adverse lighting
condition of the objects being
photograph. Also, with the use of
these accessories the motion of the
subject can be arrested.
4. Light Meter = It is a device use in
determining the intensity of light that
strike the subjects and affect the film.
Typically a light meter will include a
computer, either digital or analog,
which allows to determine
which shutter speed and f-
number should be selected for an
optimum exposure, given a certain
lighting situation and film speed. The
light meter can be classified as
follows:
a. Extinction Meter = the
reflected light from the shadow as
seen by the naked eye is estimated or
calculated by direct observation of
the photographer. This is also called
design of exposure meter which
measures a test source reducing its
brightness using a calibrated
mechanism until it matches a
standard light or patch in the
instrument.
b. Photo electric Meter = It is
the most dependable device that will
measure the brightness of light. It is
pointed toward the subjects to be
photograph and converted the light
collected into electric energy that
makes the needle of the meter to
move across its scale. The reading is
taken and the conversion table gives
the proper exposure.
5. Extension Tube = A device use in
photographing a minute objects. It is
attached to the lens board of the
camera and the lens is attached to it
when close-up photographing is
necessary.
6. Filter = It is a transparent medium
which transmit and absorbs different
wave length of lights. They are usually
made of glass or gelatin material
placed in front or behind of the
camera lens. The filter will correct
and control the rays of light that will
produce a good color or black and
white photographs.
7. Camera Grip = It is a device used to
hold firmly the camera so as to
prevent the vibration or movement
ofthe camera during the exposure
period. It is usually attached to the
body of the camera and sometimes
the flash unit is attached to it.
8. Lens Hood = It is a device used to
eliminate some refection of light which
might destroys the image cast by the
objects, especially, when the light is
coming from the top or side portions
of the camera. It is usually
mounted in front of the lens barrel.
Types of Filters
There are several filters made or
manufactured for this purpose,
however, they are classified into five,
namely: contrast, correction, haze,
sky, and polarizing filters. Very
common, the neutral density filter is
used in excessively bright light and it
would also protect the camera lens
from accidental scratches or
abrasions.
Control on Camera
Three important controls in a
camera to be manipulated and
adjusted to its proper setting are as
follows:
1. Focusing Control = It is the most
important control on a camera is the
focusing control. Focus is the means
by which the object distance is
estimated or calculated to form sharp
or clear images. There are three
types of focusing devises of the
camera, as follows, namely; the range
finder type, the ground glass type,
and the scale bed type.
In the scale bed type of
focusing control, the focusing
mechanism of the camera can be
adjusted by means of estimation or
calculation of the objects distance
and the camera. Here, photograph
and then, he will set the focusing
control of the camera based on his
estimation. If the one taking the
photographed has estimated the
distance of the object and the
camera as 10 feet, then the setting of
the focusing control will be 10 feet. In
this particular system of control, the
camera manufacturers gave an
allowable error of plus and minus five
feet of the estimated distance.
2. Shutter Speed Control = The length
of time that the rays of light will reach
and affect the sensitized material—
film can be controlled by the shutter
speed control of the camera. There
are several factors to be considered in
using this control. Some of these
factors are; the light sensitivity of the
film which are determine thru its ASA
numbers, the motion of the subjects
on different angles, the purpose of the
photographs to be taken and others.
Based on this factor, the
photographer must set the shutter
speed control the camera before
photographing an object, and usually
the film manufacturer gave the
exposure guide for every particular
film. Said guide must be followed by
the photographers in their
photographing, otherwise the result of
the negative after development is
either overexposed or underexposed
or doubled image object will appear.
There are two types of shutter on any
adjustable cameras, the leaf shutter
and the focal plane shutter. The
former is made of small overlapping
metal blades powered by a spring
and generally placed either in
between the lens known as central
plane shutter or after the lens of the
camera. The latter is made of a black
cloth or small sheet of metal which is
also powered by spring and generally
found in the film plane of the camera.
It is also known as before the
film shutter. When the shutter release is
pushed or pressed, these shutters
open and closed again in a preset of
time made in the shutter speed of the
camera. The direction of the leaf
shutter when it opens is from the
center to the circumference of the
lens and return afterwards to its former
position. On the other hand, the
movement of the focal plane shutter is
from the side of the focal plane it
moves to the other side.
Usually, the permissible shutter
speed of a lens is up to one over five
hundred of a second while the focal
plane shutter is up to one over one
thousand of a second. In some
models of camera, they are
evenfaster. There are several
disadvantages of the focal plane
shutter. It is slightly noisier than a leaf
shutter, objects moving across the film
plane maybe distorted and it cannot
be used in electronic flash when
speed is higher than 1/125 per
second.
3. Diaphragm Control = The
diaphragm control, work like a pupil of
the eye. It may be enlarged or
contracted. If it is enlarged it allows
more lights to enter, on the contrary,
when it is contracted or small, it allows
lesser light to enter. The adjustment is
done by moving the ring of the
diaphragm towards the desired size of
opening. It is generally represented by
numbers known as the f-stop.
In every movement, the f
number will stop to indicate that the
diaphragms set to that numbers. Very
common, these numbers are found on
the ring outside the lens barrel. The
common f-number or f-stop
observable today is from f# 1.2 which
is the widest up to f # 22 which is the
smallest. As the diaphragm opening is
change from f# 1.2 up to f# 22, the
opening of the lens will change from
widest to smallest. In most cameras,
especially the ground glass types of
camera, depth of field is noticeable
on the viewing screen, the objects will
appear sharp as the lens opening
changes from its widest to the
smallest. Other camera lenses
incorporate a depth of field scale
around lens barrel. This scale appear
as pair of numbers and when the lens
is focused at a given distance, it will
indicate the area covered by its
depth of field that will produced the
zone of sharp focusing. The used of
the depth of field is very necessary
especially, when there is no sufficient
time of focusing the objects to be
photographed.
4. Shutter Speed and F-Numbers
Basically, the shutter and f-numbers
are both controlling system of the rays
of light that enters, reached and
affects the film inside the camera.
However, their effects in making
photographs are different. In the
photographing of objects, the
photographer can select any
combination of shutter speed and f-
numbers that will give the right
amount of light needed to normally
exposed the film. As the shutter speed
increases, the f-numbers decreases,
for instance, the same amount of light
will be admitted by f# 16 at one
second and f# 11 at one half of a
second. Using the proper combination
of the f-stop and shutter speed
number will be dependent on the light
sensitivity of the film, the purpose of
the photographs, motions of the
objects being photographed and the
lighting conditions prevailing during
the photographing.
In some sophisticated cameras,
control over exposure has been totally
automated. A computer set the f-
stop and the shutter speed after
the ASA rating of the film has been
properly set in the camera. The built
in meter of the camera will
provide the proper illumination of
lighted that will affect the film. This
type of automation is either the shutter
priority automation or the diaphragm
priority automation.
CHAPTER5: OPTICAL-LENS & on the convex lens which can collect
FILTERS
Pinhole Lens
Rays of light reflecting from an
object cannot produce an image on
a flat surface without a barrier with a
small hole. Not all but a few rays of
light are allowed by the barrier to get
through, traveling straight from the
object that will make the images. The
few rays of light that passes through
the small hole of the barrier will
produce an inverted image of the
objects on the opposite side of the
barrier.
Actually such phenomenon can
be observed only in a darkroom. The
image making ability of the pinhole
had been used in the camera
obscura. It is a darkened room whose
only light source is a small hole or
pinhole in one wall and on the
opposite wall appears an image of
the object outside, formed by the light
rays coming from the hole.
Camera Lens
Daniel Barbaro is the one who
introduces the used of the lens in the
camera. He made a large opening on
his camera obscura and fitted into it a
convex lens taken from the spectacles
of a far sighted old man. The
projected image on the camera
obscura is so superior than previous
image projected by each pinhole. The
color on the objects, its backgrounds
and almost everything appeared
clearly on the opposite side of the
lens. This discovery of Barbaro, proved
the significant of the lens in formation
of an image or an object.
As it admits enough light that reached
and affect the film inside the camera.
The present modern lenses are based
a large number of light rays from a
single point of an object and refract
or bend them toward each other so
that it converge at a single point. The
point of convergence is called the
focal point and the vertical surface
where it falls is called the focal plane.
The film inside the camera will
record a series of tiny image formed
by an infinite number of converge or
focus rays of light. Such image formed
is a latent image and still temporary
until the development process is over,
that will make this image permanent
which is called the negative. Lenses
are classified according to the type of
image they produce. It can be a
positive lens or converging lens and a
negative lens or diverging lens.
Types of Lens
Enumerated and briefly
discussed hereunder the different
types of lens, as follows:
1. Positive Lens - It is a convex lens,
which is characterized by the fact that
it is thicker on the middle than the
edge and formed a real image on the
opposite side of the lens. It has a
positive focal length and bends the
light rays together which make it as a
converging lens. In using this type of
lens, it will require a proper distance
between the object and the lens,
otherwise, the image that will
produced will blurred or fuzzy.
Focusing on this type of lens can be
done by moving the lens nearer or
farther from the objects until the zone
of best definition is attained.
2. Negative Lens - It is a concave lens,
which is characterized by the fact that
it is thinner on the middle of the edge,
then formed a virtual image on the
same side of the lens. It does not
require focusing at all as everything
will be sharp, upright and clear, no
matter how close or far away the
object is. It is also known as a
diverging lens because of its power to
diverge rays of light that passes
through it. Practically, this type of
lens is exactly what is needed in the
viewing mechanism of a view finder
type of camera. It produces a clear
image for the eye, if not for the film.
Therefore, a camera uses a
positive lens that will served as the
camera lens and a negative lens that
will served as the camera viewfinder.
The truth of the matter on this regards
can be verified by putting the camera
lens to your eye and you have an
instant sharp view of the scene in front
of the person making taking the
photograph.
Classifications of Lens Aberration
Basically, there is no lens which
is perfect in every respect.
Manufacturer tries to find the best
component of lenses that will produce
sharp and good images. There are
aberrations in the performance of lens
that cause defects in photographs, as
follows:
1. Astigmatism - It is the failure of a
lens to produce a point image of an
object point. Where the lens surface is
not balance in shape or position with
respect to the principal axis of the
lens, this aberration occurs. For
instance if the surface is spherical and
the rays of light from the object point
passes through the lens very obliquely.
Decreasing the size of the lens
opening will minimize the astigmatism
defects of the lens.
2. Chromatic Aberrations - It is the
failure of the lens to focus all the visible
rays. The lens refracts rays of short
wave length more strongly than those
of longer wave length and therefore,
brings blue rays to a shorter focus than
red. The resulting image of a point
white light is not a white point, but a
blur circle bordered with colors. When
color corrected lenses are
constructed in the camera lens the
dispersive effects are cancelled.
3. Coma - It is the unequal magnifying
power of different concentric zones of
the lens causes this lens defect.Itrefers
to aberration inherent to certain
optical designs or due to imperfection
in the lens or other components which
results in off-axis point sources such as
stars appearing distorted, appearing
to have a tail—coma, like a comet.
4. Curvatures of Field - It is in this
aberration, the relation of the images
of the different points is incorrect with
respect to one another. The image on
flat subject does not appear flat
because of the sharpness of the
center and the edge is out of focus.
Therefore, direct focusing of lens
canter will make the nedge blurred.
In curvature, the image distance is
different for different points of the
same objects, because of their
different distance from the axis of the
lens. Fuzziness increases toward the
edge of the film.
5. Distortion - This lens defects exist
when there are different
magnification for rays of light at
different angles. A straight line
extending across the lens is curved,
the curvature maybe inward or
outward depending upon the kinds of
lenses used. When the curving in
inward it is called a pincushion
distortion and when the curving is
outward, it is called a barrel distortion.
6. Spherical Aberration - It is usually
found in all lenses bounded by
spherical surfaces. It is the failure of
the lens to bring all rays of light in
focus at the same time. The marginal
portion of the lens will bring the rays of
light to a shorter focus than the
central region. The image point
produced will not be a point but a
blur circle.
Main Groups of Camera Lens
Lens maker produces several
lenses for different cameras available
in the market today. These lenses may
be any of the following main group as
enumerated and discussed
hereunder:
1. Simple Meniscus Lens - This lens is
usually found in a simple or box
camera. It is uncorrected lens and
therefore suffering from inherent
defects of lenses.
2. Rapid Rectilinear Lens - It is a
combination of two achromatic lenses
with almost the same focal length. This
is corrected from some kinds of lens
defects but not on astigmatism
defect.
3. Anastigmatic Lens - This is a lens
which is free from astigmatism and
other types of lens defects. It has the
ability to focus a vertical and
horizontal line at the same time.
4. Achromatic lens - This is a lens
which is partly corrected for
chromatic aberration.
5. Process Lens - A super corrected
lens for astigmatism. It has a better
color correction and has the ability to
produce the best definition of image
in the photographs.
6. Fixed Focus Lens - A lens used in all
fixed focus camera. Basically, it has a
short focal length and greater depth
of field.
What is Focal Length?
 It is the distance measured from
the axis of the lens through the film
plane when the lens is focus at a
distant object. Actually it determines
the size of image that will be formed in
the negatives.
Classifications of Focal Length
Hereunder the different
classifications of focal length, as
follows:
1. Wide Angle Lenses - These are lens
with a focal length less than the
diagonal of the negative materials. It
has a shorter focal length with large
area coverage. This lens is useful in the
photographing of objects in a narrow
or restricted or small area. In this type
of lens the object will appear far to
the lens and the resulting image of the
objects in the negative will be small.
2. Normal Lens - Are lens with a focal
length approximately equal but not
more than twice the length of the
diagonal of the negative material. The
angle of the view of this lens is 75
degrees but not less than 45 degrees.
This lens has the best area of
coverage and the resulting image of
the objects reproduced will be the
same as seen by the naked eye.
3. Telephoto Lens - Are lens with focal
length lore than twice the diagonal of
the negative material. It has a longer
focal length with small area of
coverage. This lens is useful in
photographing of objects at far
distance. In this type of lens, the
object will appear in the closer to the
lens and the resulting image of the
objects in the negative will be large.
4. Zoom Lens - This lens has a variable
focal length which can be adjusted
continuously by the movement of one
or more elements in the lens system,
known as the variable focus lens.
Actually, this lens carries with it the
different classifications of lenses
according to its focal length.
What is Filter?
In photography and
videography, a filter is a camera
accessory consisting of an optical filter
that can be inserted in the optical
path. The filter can be a square or
oblong shape mounted in a holder
accessory, or, more commonly, a
glass or plastic disk with a metal or
plastic ring frame, which can be
screwed in front of the lens or clipped
onto the lens. Filters allow the
photographer to have more control of
the images being produced.
CHAPTER 6: PHOTOGRAPHIC
DEVELOPMENT
Definition of Density
It is the degree of darkness of
the image developed it can either be
to dark or too light, depending upon
the amount of the metallic silver
formed. On the other hand, contrast is
the difference between one tone and
another which is so apparent when
density of image is viewed. During the
development process of the sensitized
materials, the silver halide where the
latent image is recorded will be
developed and turn to metallic silver
that formed the image on the
negative. The details of the image
developed will determine whether the
sensitized materials were accurately
processed or not.
Factors Affecting Chemical
Development
Discussed hereunder are the
factors that affect the chemical
developments of the sensitized
materials are as follows:
1. Concentration of the Chemicals -
There are various chemicals or
solutions which are needed in the
development process of the sensitized
materials. These chemicals are mixed
in accordance with the specification
given by its manufacturers. Such
requirement must be properly
observed. Otherwise the
solutions after the mixture will
not conform to the specified strength
as necessary in the development
process of the sensitized materials.
The developer itself must be
accurately mixed, because it
developed the image on the
sensitized materials. It contains a
developing agent, a preservative,
accelerator and a restrainer. These
constituents of the developer had its
own function in the active
development of the latent image on
the constituents of the developing
solutions are the following:
a. Developing Agents - It is very
common the developing agents of
the developing solutions are the
amidol, hydroquinone, and methol.
They differ in their action capability of
maximum contrast and fitness.
b. Preservative - To protect the
developing agents against aerial
oxidations, a preservative chemical is
necessary. Usually the preservative
chemical is sodium sulfite that will
prevent the formation of staining
developer products, acts as a silver
solvent and increases the rate of
development and density. Without this
preservative, the developing solutions
become weak and stain the gelatin
during the developing process.
c. Accelerator - To accelerate
the process of reduction of the silver
salts to metallic silver, alcalie solutions
like sodium carbonate and borax
powder are mixed to the developing
solution. These alcalie solutions will
increase the state of the development
process of the sensitized materials.
d. Restrainer - In the ionization of
the development process, the
restraining effect is greater on fog
than on the latent image. To prevent
this effect, potassium bromide is
added to the developing solution. The
developing solutions of the sensitized
materials must always fresh and
concentrated to have a maximum
strength that will actively develop the
latent image. After the development
process, the image will appear,
although visible under a required safe
light is still temporary and to make it
permanent will need an additional
chemical process, more particularly
known as the stop bath. Usually
the stop bath solution is made of 28%
glacial acetic acid. When traces of
the developing solutions were
removed, the sensitized material will
be soaked to the fixing bath that will
make the metallic silver
permanent. The chemical process of
removing unexposed silver halide on
the emulsion of the sensitized materials
after the development process is
called the fixing stage.
The constituents of the fixing
solutions are a solvent silver halide,
anti-staining agent, a preservative
and a hardening agent. Usually, the
solvent silver halide is sodium thiosulfite
popularly as hypo solution. The
function of the hypo solution is to
remove the unexposed silver halide.
The anti-staining agent of the fixing
solution is the acetic acid which
neutralizes the alcalie in the developer
carried over that will prevent
the weakening of the fixing solution
and the staining of the image
produced. The sodium sulfite will acts
as the preservative of the fixing
solution that will prevent precipitation
of sulfur and also prevent the
oxidation of the developing solution
carried over in the fixing bath. The
hardening agent of the fixing solution
is potassium alum that hardens the
gelatin of sensitized materials which
was often in the developing solution.
The developed sensitized
materials whether the film that
produces the negative or the
photographic papers that produces
the positive prints must be washed
thoroughly to remove all the excess
chemicals involved in the developing
process.
2. Temperature of the Solutions -
Although the chemicals involve in the
developing process are fresh and
concentrated, its temperature,
especially the developing solution will
affects the metallic silver developed
on the sensitized materials. Very
common, the reactions of the various
chemicals involve in the development
process of the sensitized materials is
slow when the temperature of the
solutions is high. Consequently, if the
maker of the sensitized materials
recommended the required
temperatures of the working
solutions in the development process
of their products, the processor of the
sensitized materials must adhere to
such recommendation and the best
results of the image developed can
be obtained.The specified
temperature of the working solutions
must remain constant through-out the
development process. However, the
deviations of its temperature must be
compensated by increase or
decrease in the time of development
process to avoid or over developed
images.
3. Time of Development - Among the
factors that affect the development
process of the film, the time of
development is the most critical
factor. Usually, too long or too short in
the duration of the development of
the sensitized material produces too
dark or too light in the image
developed. Manufacturer of the
sensitized materials gave an
instruction on how to control the time
of development that produces a
good density of the image.
4. Agitation - Even development of
the image on the sensitized materials
can be obtained through the regular
agitation of it during the development
process. In agitating the film or paper
in the developing solution, the
fresh developer is brought into
contact with the emulsion of these
materials and the used up solutions is
carried away. Constant or regular
agitation of the sensitized materials
during the development period is
necessary to make the solution move
and immersed entirely the surfaces of
the emulsion which contains the
image. Intermittent agitation of the
sensitized materials may increase or
decrease the developing time. Usually
the sensitized materials being process
are agitated for a few seconds for
every minute of developing time.
Insufficient agitation may produce
uneven actions of the working
solutions. Fast developing solutions
must never be allowed to stand still on
the sensitized materials. Same is true in
the fixing solutions. If the sensitized
materials with the image developed
stand still in the fixing solutions, it will
unevenly fixed the surfaces of the
emulsion on the sensitized materials
and it will produce several stain on the
developed image.
Film Processing - The most crucial part
in the preparation of photographs is
the film processing. Once the film is
destroyed during the developing
process, everything is ruined and no
positive print can be produced.
Considering that the work is
critical, outmost care must be
observed in the developing of
negative. After the film had been
exposed and removed from the
camera, it is ready for film processing.
The sequence of procedures in
developing a roll or sheet film is:
1. Preparation of solutions needed
in the development process;
2. Check the temperature of the
solutions and make it constant
by using the temperature
control pan;
3. Switch off lights and check the
room whether it is totally dark;
4. Open the film cassette or film
holder as the case may be and
remove them;
5. Place the film in the developing
reel or film hanger;
6. Soak or immerse the developing
reel or film hanger into the
developing tank;
7. Tap the bottom of the
developing tank to dislodged
air bubbles and keeps the
developing solutions moving all
over the emulsion of the film
8. Place a light tight cover on the
developing tank;
9. Set the timer on the specified
time of development;
10. Slowly agitate the developing
tank for five seconds or every
minute of the required
developing time;
11. At the end of the development
time, remove and rinse the film
for ten seconds;
12. Soak or immerse the developing
reel or film hanger into the stop
bath tank, tap the developing
reel or film hanger at the
bottom of the tank for thirty
seconds;
13. Remove and rinse the film for
ten seconds;
14. Soak or immerse the developing
reel or film hanger into the fixing
bath tank, tap the developing
reel or film hanger at the
bottom of the tank for thirty
seconds and let the film stand
still in the fixing bath for the
required fixing time of the
solution; and
15. After the fixing period, switch on
the light, was the film
developed or negatives in
running water for thirty minutes
and dry the negatives.
Normally, the above procedures
of developing a film is for black and
white film, however, in the developing
of a color film, the enumerated
procedures with the additional
chemicals or solutions needed in color
processing can also be adapted.
 To avoid any problems in the
development of film, the
recommendation or requirements of
its manufacturers must be strictly
followed. If for some reasons or
another, these development problems
exist, like underexposed or
overexposed in the photographing,
underdeveloped or overdeveloped
negative and others.
Remedies for Curing and Saving
Image
There are some suggestible
remedies that can cure and save the
image on the negatives. Some of
these remedies are enumerated and
discussed hereunder, as follows:
1. Intensification of the Negatives -
When the appearance after the
negative has been completely
processed is to light or has too little
density and there are no details from
the shadow area. They are indication
of under developed image on the
film. The causes of undeveloped film
may be due to weaker solutions, low
temperature, less agitations and
shorter period of the development of
time. Whatever causes the
underdevelopment of the image on
the film; it can still be cured or saved
through the intensification of the film.
In this system, the underdeveloped
image can be build up with another
chemicals called intensifier. The
addition of minute particles of another
metal which is usually chromium or
mercury on the top of metallic silver
formed strengthens contrast during
the intensification period. The darker
portions are intensified most so that
the good density and contrast of the
image will appear on the negative.
Although the intensified negative is
not good as that of a normal
negative, it can perfectly give a
satisfactory photograph.
2. Reduction of the Negative = When
the negative appears too dark or has
too much density and the detail of the
shadow areas has been lost, they are
indications of overdeveloped
negative. Overdeveloped of the
negative may be due to stronger
developing solution, high
temperature, irregular of continues
agitations and longer period in the
development time. This
overdevelopment of the image on the
negative can be cured and save
through the reduction of the dark
metallic silver that forms the image on
the negative. A chemical known as
reducer will dissolve some of the dark
metallic silver formed until
achievement of the normal density of
the negative.
3. Increasing or Decreasing the
Development Time = When the film is
suspected to be wrongly exposed
during the photographing of objects,
the optimum remedy is to develop the
film by inspection. On this method, a
quick glance at the film during the
developing period is made for the
necessary corrective action that will
make the negative suitable for
printing. Developing any inspection is
not an easy task to do. It requires
utmost diligence and fast movement
during the inspection period. At a
glance the film is viewed under a dark
green safelight, so that the necessary
increase or decrease on the
development time can be made. The
dark-green safelight used in the
developing by inspection will not
produce any harmful effects on
the film if carefully and quickly utilized,
especially, when it is two feet far from
the film during the inspection period.
The appearance of the darkest
portions in relation to milky emulsion
will determine whether to stop or
continue the development period.
4. Use of Developer Increasing or
Subduing Contrast = When the film is
normally exposed under high or low
contrast condition or delighting is
unpleasantly rough to the eye during
the photographing period or too
mild, the choice between the
developers that increase contrast and
the developer that subdue contrast is
the best remedy to produce a good
or pleasant negatives. When the film is
processed with a regular developer,
the resulting image on the negative
will also appear or contrast or
excessive contrast of the image in the
negative is so obvious, however, if the
film is process in a developer that can
be diluted for low contrast or
softened the excessive contrast of the
objects photographed, the resulting
image on the negative will have
less harsh contrast and noticeable
details. On the contrary situation,
when the light during the
photographing is mild or dull, the
objects or scene will appear flat or
bland if the film is processed with a
regular developer. However, if the film
is processed in a high contrast
developer that builds up the highlights
and increases the overall contrast, the
resulting negative will show the details
of the scene or objects
photographed.
CHAPTER 7: TEHCNIQUES IN
PHOTOGRAPHY
Photographing Process
Photographing of objects or
scene is not only looking on the
eyepiece of the camera and pressing
its shutter release button. Every factor
that will affect the naturalness or
accurateness of the things to be
photograph must be considered.
These factors may be petty but if
neglected will produce had or
undesirable photograph. To avoid
these factors, the following technique
can be helpful in the photographing
process.
1. Be Familiar with the Camera = every
camera has its own characteristics.
Although the function of it is the same
with others cameras, the operation of
it may be different from other types of
camera. Comfort ability of using the
camera depends on the familiarity of
its parts and location. Know the
places of the focusing system, shutter
speed and adjustment, f-stop settings
and shutter released button of the
camera.
2. Selection of Good and Right Lens =
In photographing, proper lens must be
used. The quality of the camera lens
will affect the accurateness of the
objects to be photograph. The size of
the image is also affected by the
camera lens. Choosing the corrected
camera lens and knowing the right
focal length of the camera will
eliminate the factors that may affect
the naturalness and accurateness of
the photograph to be made.
3. Dirty Lenses = Even if a good and
right camera lens is used, it may still
produce a bad photograph if the lens
is dirty during the photographing and
printmaking process. This dirt may be
present on the front surface of the lens
as well as on the back. The usual dirt
that are observable along the surface
of the lens are dust, moist and
sometimes prints of the finger due to
incidental touching of the lens. The
camera lens of the camera must be
free from any dirt before using so that
the naturalness of the objects being
photograph will not be affected.
4. Camera Hold = during the
photographing, the camera must not
move especially during the pressing of
the shutter released button. There are
two techniques in holding a camera,
the horizontal holding position and the
vertical holding position. Very
common the vertical position of
holding the camera is used in the
photographing of a single object.
5. Load the Camera = the important
things to do in the preparation of
photograph are the placing of the film
inside the camera. Basically, nothing
will be recorded if the camera has no
film during the photographing
process. Fidelity must be observed in
placing the roll of film inside the
camera.
6. Setting the Camera for Daylight
Photographing
Cameras are classified into
three main types, which is
enumerated and discussed
hereunder, to wit:
a. Simple Cameras = usually it
has no adjustment. It has a fixed focus
lens, fixed lens aperture and fixed
shutter speed. However, this type of
cameras must not be used in
photographing of objects below the
required range; otherwise, the
photograph produced will be blurred.
Certainly, the easiest camera to
operate is the simple camera. It can
be used in out-doorphotography or
indoor photography without any
difficulties. The only requirement in
using this type of cameras is to hold it
firmly and press the shutter released
button slowly to avoid camera
movement during the photographing.
b. Automatic Cameras = this
type of camera makes the
photographing more interesting. It has
automatic exposure control system. In
photographing, the exposure control
system determines the amount of light
reflected from the objects being
photographs and automatically set
the necessary exposure. The things to
be observed while using this type of
camera are to see the speed of the
film being used. The film speed or ASA
rating is commonly listed on the film
box or instruction sheet.
Previously, some
automatic camera has a fixed focus
lens. It is set by the maker of the
camera for normal photographing at
a certain distance, usually from 3 feet
to infinity. Other automatic cameras
have focusing mechanism which
requires proper adjustment of the
range of objects to the camera. The
latest automatic cameras have
automatic focusing control. Its
focusing control set automatically the
distance of the objects to the camera
during the photographing process.
With this type of camera everything in
photographing is almost automatic.
However, in using this type of camera,
incidental movement of the camera
during the photographing must be
avoided; otherwise, the recorded
image will appear blurred.
c. Adjustable Camera = All
adjustable cameras have only three
basic setting or control. They are as
follows: focus, shutter, and lens
opening. These controls must set
properly before photographing an
object. Incorrect adjustment of these
controls will basically affect the result
of the photographs. Usually, the
shutter speed and lens opening works
together. The common system of
determining the correct exposure the
photographing is the use of a light
meter. Using the light meter as the
basis of exposure, both lens opening
and shutter speed cam easily be
adjusted before photographing an
object.
Setting the Flash
There are conditions that
warrant the use of flash unit during the
photographing. There are three basic
types of flash unit, as follows:
1. Flash Bulbs
Make the photographing of
object with flash easier than ever. It is
plug onto a camera that has a flash
cubes socket and the camera is ready
for flash photographing without
touching a flash bulbs. Each cube
contains four blue flash bulbs. All
cameras with a flash cubes sockets or
flash cube adapter can use this type
of flash unit. Every time the film is
winded, the flash cube rotate and
ready to give light.
a. Electronic Flash
This type of flash unit is fairly
expensive compared with other types
of flash, but has a certain advantages.
Its electronic flash tube can give
thousands of flashes that augment the
necessary lighting of the objects being
photographs. The light coming from
the flashtube is much shorter than that
of a flash bulb. This short duration
allows the use of any shutter speed
with leaf-type shutter. The electronic
flash can stop the fast action of the
subjects to be photograph.
b. Flash Bulb
It can be clear or blue in colors.
Usually blue bulb is suitable for black
and white or color photography. Every
flashes of this type of flash unit, the
bulb are busted. Usually, in flash bulb
a flash holder or flash gun is needed
and attached to camera. In some
cameras, flash bulb fit into built-in flash
unit. Proper exposure with simple and
automatic cameras during the
photographing with flash unit can be
attained by keeping a certain flash
distance between the objects and the
camera. For adjustable cameras, the
correct exposure in photographing
with a flash unit is determined by its
guide number.
This guide number is divided
from distance of the flash to the
subject and the quotient is the lens
opening to be used for that particular
distance. Usually, the guide number is
printed on the instruction sheet of
every film or box of flash bulb or
electronic flash unit. Basically, the flash
synchronization must jibe with the
shutter speed of the camera during
the photographing process. Otherwise
it will produce underexposed
photograph or no photograph at all.
The common shutter speed in flash
photographing is 1/25 or 1/30 of a
second. The flash unit must be inserted
to its proper socket.
For electronic flash, the socket is
generally mark with X and for flash
bulb, it is marked with M. incorrect
used of this sign of the camera during
the photographing will produce no
photograph at all because the shutter
speed did not synchronized with the printmaking is the density and
flashes of light. In photographing with contrast. In giving consideration to
flash, light reflection must be avoided. these factors, the types of
Glass or shiny surfaces can bounce photographic paper suitable for its
back the light coming from the flash density and contrast can be
unit. ascertained. Density can be
controlled by the length of exposure
CHAPTER 8: CONTACT PRINTING and contrast can be controlled by
Introduction using the appropriate grade of
Print making is the final stage in photographic paper.
making photograph. Basically, Enlarger and Projector
printmaking repeat the first two stage Generally, the machine used in
of photography, that is, the action of making an enlargement is the
light on the film which records the enlarger and in some instances, the
image of the object photographed projector is also utilized. Almost all of
which produces a negative. In the enlarger available today has the
printmaking, the image on the following common parts and
negative is transferred to the functions:
photographic paper by the action of 1. Enlarger Head = the main working
light with the aid of a printer known as parts of the enlarger. It contains the
enlarger. If no such device is utilized light source, the condenser lens, the
the image of the negative is negative holder and the lens.
transferred to the photographic paper 2. Lamp = this supplies the
directly through contact process light that passes through the negative
known as the contact printing. that exposed the photographic
Selection of Negative paper.
There are several factors to be 3. Negative Carrier = this holds
considered in the selection of the negative flat and level, fitted
negative for printmaking. The most between the light housing assembly
important among this factor is the and the lens of the enlarger.
sharpness of the image recorded in 4. Lens Aperture = It is the opening
the negative. With the aid of a of the lens that control the rays of light
negative viewer and magnifying lens, passing through it.
all parts of the negative must be 5. Focusing Mechanism = It moves the
examined to check whether the lens up and down to focus the
image on the Negative is sharp or projected images.
blurred. Basically, if during the 6. Condenser Lens = this lens
photographing, the camera is not spread the light coming from the lamp
focused to the objects or there is of the enlarger. It is usually made of
movement on the camera or subjects, two convex lenses, and in some
the blurring of the image recorded on instances it is made of a flat piece of
the negative is possible. diffusing glass.
Another factor to be considered 7. Lens = It is the one
in the selection of the negative for responsible in forming the image
coming from the negative. Basically, it
bends the rays of light that passes
through it and formed the enlarged
image.
8. Enlarger Column = It is the
holder of the enlarger head and
commonly serves as rail in controlling
the height of the enlarger head.
9. Elevating Control Knob = this part
control the image size projected on
the base. By raising or lowering the
enlarger head, the image becomes
bigger or smaller.
10. Base Board = practically,
supports the entire unit of the enlarger.
Usually it holds the easels that carry
the photographic paper.
Contact Printing
In making a contact print, the
negative and the photographic
paper are placed together in such a
manner that the emulsion of the
negative is facing the emulsion of the
photographic paper. It must be
properly pressed by a transparent
medium before exposure is made.
Otherwise, the print will produce a
blurred image after development.
Contact print is
photographic image produced
from film; sometimes from
film negative, and sometimes from a
film positive. The defining
characteristic of a contact print is that
the photographic result is made by
exposing through the film negative or
positive, onto a light sensitive material
that is pressed tightly to the film.
CHAPTER 9: CRIME SCENE
PHOTOGRAPHY
Crime Scene Photography
Generally, the crime scene is of
vital importance in the establishment
of proofs. A permanent record of it
can be considered indispensable to a
successful investigation and
presentation of case in court. The
crime scene must be preserved so
that the evidence left by the culprit
will not be altered through
carelessness of the law enforcers
investigating the case or through
intruders or spectators which are
common in every crime scene
because of curiosity.
To secure and permanently
it preserved the crime scene, the first
things to do in the investigation of any
crime is to photograph completely
and accurately all aspects of the
crime scene before the removal or
alteration of any evidence found in
scene of the crime. The photographs
taken must serve its purpose of
recording the crime scene. Useful
information may be established in a
series of photographs, it will enable
the viewer of the photograph to
understand where and how the crime
is committed.
Photographs of the general
a view of the scene must be
supplemented by close-up
a photographs that produce important
details. All objects or traces of
evidence must be photographs in
such a manner that the location of it
can be clearly seen in the over-all
photograph. This will enable the
viewer of the photograph in gaining
clear ideas of its position with regards
to other objects at the Crime scene.
Photographing the Crime Scene
The procedure in taking
photographs of crime scene is
straightforward. Photographs must be
taken in all angles to show the entire
area of the scene of the crime. The
photograph must cover some
reference point that will establish the
exact location of the crime scene. In
photographing a crime scene, the
order of photographing must be
strictly followed. It must start from the
perimeter toward the center as the
investigator examined and observed
the condition of the scene of the
crime. However, if there are things
which are perishable after a length of
time, such things must be photograph
first. Generally, the orders of
photographing the scene of the crime
are as follows:
1. Out-Door Photographing = this is the
entire surroundings of the crime scene
must be photographed. As much as
possible the photographs taken must
include the following, i.e.,
geographical location of the area
that surrounds the crime scene;
external conditions of the victims
house in relation to the neighboring
houses; and articles or evidence left
on the scene of the crime, like
footprints, tire marks and other traces
of things that can be useful in the
early solution of the crime; and
2. In-Door Photographing = these are
photographs of four corners of the
room where the crime was committed
must be taken. It must include some of
the following, i.e., possible point of
entrance and exit of the culprits;
adjacent rooms where the crime was
committed; and general appearance
of the room where the crime took
place; position of articles or evidence
left behind of the scene of the crime;
and traces of evidence like
fingerprints, footprints, blood stains
and other things that can preserved
as clues for the early apprehension of
the suspects.
The investigator must always
have necessary equipment ready and
carefully checked for immediate
photographing of the scene of the
crime. Some of these equipments are
as follows: camera, film, flash unit,
tripod, filters, cable release, and
measuring devices.
Rogues Gallery Files
A rogue’s gallery is a police
collection of pictures or photographs
of criminals and suspects kept for
identification purposes. The term is
also used figuratively by extension for
any group of shady characters or the
line-up of “mug-shot” photographs
that might be displayed in the halls of
a dormitory or workplace.
Mug Shot Files
A mug shot, or booking
photograph, is a photographicportrait
taken after one is arrested. The
purpose of the mug shot is to allow
law enforcement to have a
photographic record of the arrested
individual to allow for identification by
victims and investigators. Most mug
shots are two-part, with one side-view
photo, and one front-view. They may
be compiled into a mug book in order
to determine the identity of a criminal.
In high-profile cases mug shots may
also be published by the media.
What is Photofit?
Photofit is a technique used by
the police for building up an accurate
image of someone to fit a witness'
description. Photographs, rather than
drawings, of individual features are
used to construct an image of a
suspect.
CRIMINALISTICS : LIE DETECTION
AND INTERROGATION
TEST PROCEDURE AND DIAGNOSTIC
TECHNIQUE
Nature of Polygraph
POLYGRAPH - is an instrument that is
used for instrumental interrogation, it
does not and cannot detect lies, and
it is incapable of drawing or reporting
any conclusion. It is constructed and
designed to assist a qualified examiner
in arriving a diagnostic opinion.
The term POLYGRAPH literally means,
“Multiple writing”, and is now often
connected to the term “lie detector”.
It is an instrument for recording several
pulsations (as of physiological
variables) simultaneously
☺Polygraph - popularly referred to
as lie detector. It is derived from two
Greek words "Poly"- which means
many and "Graphos"- which means
writing.
What is diagnostic? What comes
out of polygraph examiner’s mind is a
supposition of diagnostic opinion.
The value of polygraph is
directly proportionate to the training
and skills of the examiner. An examiner
is a fallible human being subject to
error. We must concede that the
examiner can be wrong. Thomas
Jefferson (first man to use the word
“polygraph”)
Polygraph machine - is a sensitive
machine which is likened or
compared to an X-ray, which requires
proper interpretation for validation
and its accuracy is said to be directly
proportional to the knowledge,
skills, education, desire, competency
and integrity of the operator. Hence,
the attitude of “let’s put them on the
lie box” should be firmly discouraged.
Definition of terms:
1. Admission = is a statement of
facts, partial acknowledgement of
guilt and usually given with some
justification or exemplification in
admitting.
2. Confession =direct
acknowledgement of guilt or a
statement of guilt.
3. Deception = is the act of
deceiving or misleading usually
accompanied by lying.
4. Diastolic blood pressure = refers to
the downward blood pressure
representing the low pressure to the
closing of the valves and heart
relaxed.
5. Dicrotic notch = refers to the short
horizontal notch in a cardio-tracing
located at the middle of the diastolic
stem.
6. Electro dermal response = it refers to
human body phenomenon in which
the skin changes resistance
electrically upon the application of
certain external stimuli. Also referred to
a Psycho galvanic skin reflex or
galvanic skin response.
7. Emotion = it refers to an emotional
response to specific danger that
appears to be beyond a persons
defensive power.
8. Environment = is the sum total of the
dissimulation that a person acquired
from the time he was conceived and
his exposure to his surroundings.
9. Heredity = is the transmission of
physical and mental traits of the
parents to their offspring through the
genes.
10. Interview =simple questioning
of one who is willing and cooperative.
11. Interrogation = forceful questioning
of a person who is reluctant to divulge
information.
12. Lying = is the act of uttering or
conveying falsehood or creating a
false or misleading impression with
the intention of affecting wrongfully.
13. Normal response = refers to any
activity or inhibition of a previous
activity of an organism or part of the
organism resulting from stimulation.
14. Ordeal = refers to the oldest form
of crime detection done by subjecting
a subject to an obstacle or trial
and sometimes even involving third
degree.
15. Specific response = refers to the
response given by the subject which
considered a deviation from the
Normal tracing or norms of the
subject.
16. Stimulus = refers to any force or
motion coming from the environment
and which reach an organism has the
tendency to arouse.
17. Systolic Blood pressure = the
upward blood pressure as the apex of
the curve caused by the contraction
of the heart, valves are open and
blood is rushing into the arteries.
Ayur Vida = a hindu book of science
and health around 500B.C.
Considered as an earliest known
reference to a method of detecting
deception.
Scientific Methods of Detecting
Deception
1. Polygraph test = aid and not a
substitute or replacement for
investigation. = not admissible in court
to prove the guilt of the subject. =
cannot be conducted if insufficient
amount of information were gathered.
= minors, mentally-ill or retarded are
exempted. = cannot be conducted to
unfit subject. = polygraph machine
is not a lie detector machine. = the
accuracy of the machine is directly
proportion to the credibility of the
examiner. = cannot be used for
diagnostic purposes.
2. Use of Alcoholic Beverages = the
subject is made to drink hard liquor in
such a mount that would make him
lose control or inhibitions. = information
gathered through this method is not
admissible in court.
3. Narco-Analysis Test/Administration
of Truth Serum = use of narcotic or
anaesthetic drug. = drugs injected
hypodermically or intravenously. =
dangerous and not admissible.
4. Word Association Test = group of
words, objects or photographs will be
presented. = time pressure.
This was first devised by F.
Galton in 1870 and later was modified
and improved by others such as
Munsterberg, Orosland, Luria and
Jung. In the Galton’s technique there
are two main criteria for detecting
indications of deception and these
are: (1) Incriminating answer words,
and (2) Delayed answer.
5. Use of Hypnotism = information
gathered through this method is also
not admissible in court.
Development of the Polygraph
A. Cardiosphygmograph
a. Cesare Lombroso (1895) -
Credited to be the first to conceived
the idea of utilizing scientific lie
detection
 b. Angelo Mosso (1895) - Utilized
a scientific cradle and focus on the
importance of fear as a strong
influence to deception
c. William M. Marston (1915) - He
made used of a sphygmomanometer
and focus on the importance of the
Systolic Blood pressure. He also
devised the discontinuous technique
in questioning.
d. John A. Larson (1921) -
Devised the so-called “Bread Lie
Detector”, a scientific instrument
capable of simultaneously recording
changes in blood pressure, pulse beat
and respiration.
B. Galvanograph
a. Sticker - Works on the
galvanograph component and study
the influence of the sweat glands to
skin resistance.
b. Veraguth - Formulated the
term Psycho-galvanic skin reflex
following the study of sticker
c. Richard O. Arthur - The person
who developed a polygraph machine
with two galvanic skin resistance.
C. Pneumograph
a. Vittorio Bennussi - Focus on
the formulation of the Inhalation and
Exhalation ratio.
b. Harold Burtt - Considered
respiration as a weak basis in
determining deception and
incorporate the systolic blood pressure
to respiration.
D. Keymograph
Leonarde Keeler - Developed
the kymograph machine and the
Keeler’s Polygraph in the year 1926 as
one of the great advancement to the
development of the polygraph
machine.
OTHER PERSONALITIES:
John E. Reid – Developed the
Reid Polygraph with an incorporation
of muscular resistance compare to the
Keelers and the Stoelting. Also
developed the SAT test and Control
Question Test. Francis Galton =
Formulated the Word Association test.
Cleve Backster = Formulated
the Numerical Scoring on the
polygraph chart and standardizing
quantitative polygraph technique.
Sir James Mackenzie = a heart
specialist who published in two British
journal the machine he used in his
work and named it “ INK POLYGRAPH”
The Autonomic Nervous System
and the Modern Polygraph Instrument
Man in his earliest development was
endowed with a sophisticated survival
mechanism or an emergency system
of nerves that automatically prepares
his body to meet situations that
threatened his well being. His health
and survival depends on the
maintenance of stable fluids and
chemical balance in all vital organs of
his body despite the drastic changes
in the environment about him, and this
balance was termed as homeostasis
(refers to the action taken by an
individual to protect or to restore
certain favorable states of
equilibrium). In the center of the brain
is a gland called Hypothalamus; our
internal regulator. All our unconscious
activities such as sleep, digestion,
pulse, blood volume and respiration
are being controlled by the
Autonomic Nervous System,
manipulated by the hypothalamus.
Other very obvious effects will take
place known by all of us:
* The mouth gets dry, due to salivary
glands producing much thicker saliva.
* The heart pumps faster, thereby
increasing blood volume and pulse.
* Stimulation of the respiratory muscles
leads to breathing changes.
* The sweat glands are stimulated and
forced to release perspiration
* The iris of the eye dilates, permitting
more light into the eye.
* Involuntary muscles contract - While
the sympathetic system organizes this
whole defense system in next to no
time, the parasympathetic system,
functionally antagonistic towards his
partner, follows in order to reestablish
the chemical balance of the body.
Without these two antagonistic
partners, the defense system of the
body will go into a high build up and
cause damage to the body (e.g. burst
artery in the brain). The two items are
essential to maintain a perfect
homeostasis.
THE TRIPOD FOUNDATION OF
POLYGRAPH
1. Mechanical leg basis premise - The
polygraph machine is mechanically
capable of making a graphic record
containing reliable information
regarding physiological changes.
2. Physiological leg basis premise -
Among the physiological changes
that may be recorded and identified
are those that automatically occur
only following the stimulation of
specific nervous component system
and from which the stimulation of
those specific nervous system
component that can be reliably
diagnosed.
3. Psychological leg basis premise -
Under this premise, the specific
nervous system component whose
stimulation can thus be diagnosed are
so stimulated by the involuntary and
emotional processes of the individual
who is continuously attempting
concealment of deception specially if
that individual has something at stake
and the prevailing circumstances lead
him to believe that exposure to
deception is quite possible although
undesirable.
THE DIFFERENT PARTS OF POLYGRAPH
It is divided into five sections:
A. KYMOGRAPH SECTION or CHART
DRIVING MECHANISM
1. Function: Is to move the chart
paper at a uniform rate of speed
under the pens.
A. The chart roll arbor- this holds the
chart roll and fits into V-shape along
with the spring to hold it in placed.
B. Idler roller- it rolls with the
paper to prevent the friction.
C. Pen table- flat portion where
the pen write on the chart.
D. Paper guide-to guides the
paper across the sprocket roller.
E. Sprocket roller- is a roller that
fit into perforated edges of the chart
paper.
F. Cutter bar-used to cut the
paper at the end of the test.
G. Off or on power switch
H. Synchronous motor- to run
the chart paper at the uniform rate
speed regardless of the
voltage change.
2. CHART PAPER - There is
approximately 100 ft. of paper to a roll
and there is a narrow green line on
the chart paper about 6 ft. from the
end of the roll to indicate the end.
B. PEN AND INKING = Function: This is
used to record the test permanently
The lowest pen is the
cardiosphymograph pen, the center is
the galvanograph pen, which is also
the longest pen, and the top two pens
are the pneumograph pens.
C. Pneumo section:
Function: To record the thoracic
and abdominal breathing of the
subject. The convoluted rubber tubes,
which are ten inches long, are place
over chest and abdomen of the
subject.
D. Cardio section:
Function: To record blood
volume and pulse rate.
1. The medical blood pressure
cuff containing a rubber bladder is
wrapped around the subject’s upper
arm, against the brachial artery. The
brachial artery is located on the inner
side of the upper arm between the
elbow and the shoulder.
2. Pump bulb is used to
pressurize the cardio system.
3. Sphygmomanometer is use to
measure the pressure in the cardio
system
E. Galvo section:
Function: To record the galvanic
skin response (electro dermal
response) or the degree of the
subject’s sweatiness. Two small metal
plates called as the “galvanometers”
are connected to the subject’s fingers
(normally the middle section of the
index and ring finger of the left
hand). These plates record the filling
up of sweat glands (empty during
homeostatic condition) and nearly
immediate reabsorption of the
moisture.
* THE POLYGRAPH EXAMINATION
The typical polygraph
examination consists of three
distinctive parts:
* The pre-test interview
* Test execution or questioning phase
(actual examination or chart
collection phase)
* Post-test or diagnostic phase
A . The pre-test interview includes
all considerations bearing on
examination up to the time of actual
activation of the examination. Most
people do not really realize that in
fact, the most important and often the
longest phase in a polygraph
examination is the pre-test interview.
The pre-test interview can absorb 45
minutes in general.
During the pre-test interview the
examiner will: Talk to the subject and
do his best to put him/her at ease Will
give the subject a detailed
explanation of what is going on to
happen during the actual testing
phase and confirm his understanding.
Will define subject’s legal rights.
a. The right to remain silent
b. The right to have an
independent counsel preferably of his
own choice
c. The right against self
incrimination. Briefly explain to the
subject what the polygraph is all
about and how it works. Write down
all the subject’s details in order to
make the identification sheet
attached to the report. Ask certain
questions about the subject’s health, if
he has eaten over the last 5-6 hours, if
he has a good night sleep and is not
tired. Talk about the incident or issue.
Discuss all the questions, which will be
asked, and make sure the subject
answers them all confidently and
understandingly. Ask the subject one that the most relaxing color for the
last time if he is prepared to undergo walls is with a very light hint of purple
the test and then invite him to take a mix. This color seems to subdue the
seat in the interviewing chair. The subject and leads easier to
examiner will then connect the confessions.
different components to the subject C. Post-test or diagnostic phase - All
while asking him to sit absolutely still consideration that bear polygraph
during the whole time of each chart examination from the time the
recording (approximately 4 to 5 instrument is deactivated falling final
minutes). PolyGram until examiner’s diagnostic
B.Test execution or questioning phase opinion is reported to proper
(The actual polygraph examination). authorities and the case is concluded.
All considerations bearing on QUESTION TYPES:
polygraph examination from the time In different types of test
the instrument is placed on the questionnaires, three different types of
subject until the instrument is questions will be used:
deactivated. Before the pre-test 1. Irrelevant questions
interview, the examiner had a briefing A. Is a question formulated from
with the client, which will typically the information about the subject will not
investigator, but in certain cases, can normally lie, which does not pertains
be the subject himself. During this to the matter under investigation and
briefing, the examiner has to make up to which the examiner knows or can
his mind as to which type of reasonably infer the answer.
questionnaire he will be using. B. These are essentially
Depending on the type of test he will questions, which will give the examiner
draw up a specific questionnaire, a truthful answer.
discuss the relevant questions with the C. It is generally a “Yes” answer.
client, on his approval go to the Uses:
interview room. 1. to reduce subject’s
The interview room excitement level.
The ideal interview room is not 2. To assist in returning tracing to
too big, not too small (3.5 x 3m). It or toward proper baseline in
should be guaranteed have privacy preference to mechanical
with, no possibility of interference (no adjustment.
telephone). The furniture has to be 3. To serve as an aid to
sober but adequate; desk and chair interpretation to specific reaction by
for examiner, normal chair for the comparison.
subject, and a chair for the test itself, 4. To conserve the subject’s
this last chair has to be really ability to react.
comfortable, has to have large Whenever possible the
enough arm rests in order to give the examiner should know the answer to
subject the easiest means to sit still all irrelevant questions.
during the chart recording. The questions must be short to
Psychological research has indicated the point and have one meaning.
 Note: The examiner should made concerning the actual matter
explain to the subject in advance that under investigation
while some questions may be silly 5. Silent Answer test = Subject is
– it is a part of polygraph instructed not to give any verbal
technique. answer; the subject will only answer in
The irrelevant question gives the his mind.
examiner a good idea how the 6. Yes test
subject reacts when being truthful. It 7. No test
also allows the parasympathetic to 8. Guilt complex test
bring back homeostasis (the action 9. Mixed test = consist essentially of an
taken by an individual to restore arrangement of the first and third test
certain favorable states of equilibrium) questioned.
Types of Test = administered response
1. General Question Test = consist of on earlier test or to compare the
series of relevant and irrelevant degree of reaction between relevant.
questions in a planned order. And control questions.
2. Peak of Tension test = consist of only 1. MGQT = The Modified General
one relevant and a series of irrelevant Question Test is a modified version of
questions. = resemble, in every the Reid technique developed by the
general way, the card test, for it famous John E. Reid in 1953. The
consist essentially of the asking of a difference is in the strict structuring of
series of question in which only one the test. No changes on the order of
has any bearing upon the matter irrelevant, controls and relevant are
under investigation. = padding allowed. It is a test adapted in most
questions before the after the computerized scoring algorithms.
relevant questions. The test involves the four legs of
3. Card test = the subject is presented the crime.
with seven (7) previously numbered The structure of the test is as
cards face down. = he will be follows:
instructed to take one, look at it and 1. Irrelevant 6. Control
return it with the rest of the cards. = 2. Irrelevant 7. Irrelevant
the examiner will shuffle the cards 3.Relevant: secondary
and each card will be shown to him, involvemet 8. Relevant:
with the instruction that he will answer Guilty
“NO” to all cards, even if the one knowledge
being shown to him is the one he has 4. Irrelevant 9. Relevant:
seen earlier. Evidence
4. Guilt Complex Test = used primarily connecting
for overly responsive subjects. = a 10. Control
totally fictitious incident but a similar 5. Relevant: primary
nature to the matter being involvement
investigated and make him believe it 2. ZCT = The Zone Comparison
is real. = The purpose is to compare Technique stems from Backster, one of
the response with those responses the great researchers in polygraph
techniques. Although originally 4. Distortion tracing segment - A
designed as S.K.Y. technique segment within tracing that departs
{suspicion, knowledge, you (did you)} from the average emotional level but
he later used it as a technique using lacks physiological evidence of either
three relevant questions, three sympathetic or parasympathetic
controls and four irrelevant activation within the stress area
concentrating with relevant on one on the polygraph chart indicating a
leg of the four legs of the crime. lack in physiological origin
The structure of the test is as * CHART MARKINGS, SYMBOLS AND
follows: SIGNS
1. Irrelevant 6. Control Beginning --------------------- X
2. Irrelevant 7. Relevant Yes -----------------------------+
3. Irrelevant 8. Irrelevant No ------------------------------ (-)
4. Control 9. Control Coughing-----------------------C
5. Relevant 10. Relevant Movement---------------------M
3. Ranking = In ranking test all Clear throat--------------------CT
questions are relevant. It is typically Sigh ----------------------------S
used to identify other people’s Sniff ----------------------------SN
involvement in a particular case or Burp----------------------------B
locate the missing goods are. Yawn---------------------------Y
The Four (4) General Types of Tracing Laugh---------------------------L
Segments Paper Jump--------------------PJ
1. Average tracing segment - A Ending -------------------------XX
segment that shows no physiological Definition of terms:
evidence in the emotional level within 1. Dicrotic notch - is caused by a
the stress area on the polygraph chart minor secondary pulse wave passing
or polygrams. under and the blood pressure cuff.
2. Reaction tracing segment - A 2. Test - Is one run of the instrument.
segment within tracing that shows 3. Chart - From one run is called a
physiological evidence that the polygram.
sympathetic division of the autonomic 4. Examination - Refers to the over-all
nervous system has become more procedure. An examination will
active indicating a physiological normally be more than one test and
change in the subject’s emotional normally include more than one
level. PolyGram Comparison of
3. Relief tracing segment - A segment Psychological Stress
within tracing that shows physiological The development of the VSA
evidence that the Parasympathetic Charles R. Mc Quiston coined
division of the autonomic nervous the name “Voice Stress analysis” and
system has become active following together with two retired fiends, Wilson
the stress area on the polygraph chart Ford and Allan Bell, he developed the
indicating a physiological return to the first prototype of his Psychological
subject’s exhibited average emotional stress evaluator (PSE). In 1970 the three
level. of them founded “Dektor
counterintelligence and Security, Inc.
This company brought the first PSE on
the market and is still one of the
biggest manufacturers and suppliers
of the instrument. This instrument,
applying voice stress analysis,
represented the first major advance
since the introduction of the
Kymograph in 1920 by Keeler (“a
device that physically records motion
or pressure) For over 20 years the PSE
was dominant in stress analysis, until
the Verimetrics system, another
invention of Mc Quiston, appeared.
The Verimetrics allowed the analytical
process to take advantage of the
newly developed personal computers
to more conveniently and effectively
produce charts. Shortly afterwards
Charles Humble brought the
Computer Voice Stress Analysis (CVSA)
system on the market. The major
advantage of this system brought was
of “real time” analysis. The interview
could now be committed directly to
the instrument, without the need of an
intermediate recording on magnetic
tape.
Advantages of VSA over the
Polygraph
* The VSA can be used as a
remote truth verification tool.
* No direct connection to the
subject’s body.
* Possibility to interview the
subject over the telephone
* Previously recorded
conversation can be analyzed later
* Nor mal conversation using full
phrases can be used
* The subject can be held
ignorant of the fact that he is
interviewed and that his answers will
be analyzed (in this case neither the
recording nor the analysis can be
used against him)
Disadvantages
The VSA is a relatively young
instrument using a technique, which
has not been as thoroughly evaluated
as the psycho physiological data
recorded by the polygraph. The
polygraph has been used for many
decades and has been a study object
of many universities and agencies all
over the world. There is no doubt that
the future will still bring dramatic
improvements and the faults will be
documented. The
VSA analyses only one single item,
namely the tremor in the voice while
the polygraph, as its name says, reads
multiple items, thoracic and
abdominal breathing, blood pulse,
blood volume, galvanic skin response
and movement. However, the
frequency and amplitude
modulations in the voice cover a
broad spectrum.
Reliability/ Accuracy
No truth verification technique
can claim to be 100 % accurate. In
the past, it was commonly agreed
that the polygraph had a higher
reliability in correctly indicating
deception or truthfulness. According
to Clifton Coetzee, a well-known
polygraphist and voice stress analyst
states in his work (Truth extraction; 200:
74) that a skilled and well-trained
operator will obtain the same results
with polygraph as well as the CVSA.
Several sources indicate reliability of
the CVSA as higher than 91.1 %. The
effectiveness of a VSA test is based on
the total system consisting of the
hardware, the software, and most
importantly, the analyst.
Conclusion
It is the investigator’s duty to
analyze his needs and weigh the
advantages and disadvantages of
the two systems. The VSA is quicker,
more versatile, can be easily hidden
and can perform an interview as well
as an interrogation. The polygraph is
considered in general more
researched and field-tested.
REVIEW NOTES IN QUESTIONED
DOCUMENTS
I. GENERAL DEFINITION OF TERMS
A. DOCUMENT. Any material
containing marks, symbols, or signs
either visible, partially visible that may
present or ultimately convey a
meaning to someone, maybe in the
form of pencil, ink writing, or printing
on paper.The term “document”
applies to writings; to words printed,
lithographed, or photographed; to
maps or plans; to seals, plates or
even stones on which inscriptions are
cut or engraved. In this plural form,
“documents” may mean; deeds,
agreements, title, letters, receipts, and
other written instruments used to
prove a fact.
☺Latin word “documentum”, means
“lesson”, or example (in Medieval
Latin “instruction, or official paper”), or
French word “docere”, means to
teach.
B. QUESTIONED. Any material
which contains some issue has been
raised or which is under scrutiny.
C. QUESTIONED DOCUMENT. One in
which the facts appearing therein
may not be true, and are contested
either in whole or part with respect to
its authenticity, identity or origin. It
may be a deed, contract, will,
election ballots, marriage contract,
check, visas, application form, check
writer, certificates, etc.
D. DISPUTED DOCUMENT. A term
suggesting that there is an argument
or controversy over the document,
and strictly speaking this is true
meaning. In this text, as well as
through prior usage, however,
“disputed document” that is under
special scrutiny. Document is
questioned because its origins, its
contents, or the circumstance and
story regarding its production arouse
suspicion as to its genuineness or it
may adversely scrutinize simply
because it displeases someone.
Further, it is said to be questioned
when it is disputed or origin, as to the
material used in their production, and
as to its relation in some other
document.
E. STANDARD a.k.a. STANDARD
DOCUMENT- Are condensed and
compact set of authentic specimens
which, if adequate and proper, should
contain a cross section of the material
from a known source. “Standard” in
questioned documents investigation,
we mean those things whose origins
are known and can be proven and
which can be legally used as
examples to compare with other
matters in question. Usually a standard
consist of the known handwriting of a
person such case, “standard” has the
same meaning as is understood by the
word “ specimen” of hand writing.
F. EXEMPLAR. A term used by some
document examiners and attorneys to
characterize known material.
Standard is the older term.
G. HOLOGRAPHIC DOCUMENT. Any
document completely written and
signed by one person: also known as a
holograph. In a number of Jurisdictions
a holographic will can be probated
without anyone having witnessed its
execution.
H. REFERENCE COLLECTION.
Material complied and organized by
the document examiner to assist him
in answering special questions.
Reference collections of typewriting,
check writing specimens, ink, pens,
pencils and papers are frequently
maintained.
II. LEGAL ASPECTS OF FORGERY,
COUNTERFEITING AND FALSIFICATION
(Pursuant to Title Four, Chapter One,
Revised Penal Code –
CRIMES AGAINST PUBLIC INTEREST
A. FORGERIES What are the crimes
called forgeries?
1. Forging the seal of the government,
signature or stamp of the Chief
Executive (Art 161)
2. Counterfeiting coins (Art 163)
3. Mutilation of coins (Art 164)
4. Forging treasury or bank notes or
other documents payable to bearer
(Art 166)
5. Counterfeiting instruments not
payable to bearer (Art 167)
6. Falsification of legislative
documents (Art 172)
7. Falsification by public officer,
employee or notary or ecclesiastical
minister (Art 171)
8. Falsification by private individuals
(Art 172)
9. Falsification of wireless, cable,
telegraph and telephone messages
(Art 173)
10. Falsification of medical certificates,
certificates of merits or service (Art
174)
B. KINDS OF DOCUMENT:
1. PUBLIC DOCUMENT –
notarized by a notary public or
competent public official with
solemnities required by law. (Cacnio
vs. Baens, 5 Phil. 742)
2. OFFICIAL DOCUMENT – issued
by the government or its agent or its
officers having the authority to do
so and the officers, which is
accordance with their creation, they
are authorized to issue and be
issued in the performance of their
duties.
3. PRIVATE DOCUMENT -
executed by a private person without
the intervention of the notary public or
of any person legally authorized, by
which documents, some disposition or
agreement is proved, evidence or set
forth (US vs. Orera, 11 Phil. 596)
4.COMMERCIAL DOCUMENT –
executed in accordance with the
Code of Commerce or any Mercantile
Law, containing disposition of
commerce rights or obligations.
III. WRITINGS WHICH DO NOT
CONSTITUTE DOCUMENTS – based on
some Supreme Court Ruling.
1. A draft of a Municipal payroll which
is not yet approved by the proper
authority ( People vs. Camacho, 44
Phil. 484).
2. Mere blank forms of official
documents, the spaces of which are
not filled up (People vs. Santiago, CA,
48 O.G. 4558).
3. Pamphlets or books which do not
evidence any disposition or
agreement are not documents but
are mere merchandise, ( People vs.
Agnis, 147 Phil. 94).
IV. CLASSES OF QUESTIONED
DOCUMENTS.
1. Documents with questioned
signatures.
2. Questioned documents alleged to
have been containing fraudulent
alterations.
3. Questioned or disputed
holographic wills.
a. HOLOGRAPHIC WILL – will
entirely write in the handwriting
of the testator.
b. NOTARIAL WILL signed by the
testator acknowledge before a
notary public with 3 witnesses.
4. Documents investigated on the
question of the typewriting.
a . With a view of ascertaining
their source
b. With a view of ascertaining their
date
c. With a view of determining
whether or not they contain
fraudulent alterations
substituted pages.
5. Questioned documents on issues
of their age or date.
6. Questioned documents on issues
of materials used in their
production.
7. Documents or writings investigated
because it is alleged that they
identify some person through
handwriting.
A. Anonymous and disputed
letters and;
B. Superscription, registrations,
and miscellaneous writings.
DOCUMENT AND QUESTIONED
DOCUMENT EXAMINATION
 DEFINITION OF TERMS
A. ADDITION – any matter made a
part of the document after its
original preparation may refer to as
addition.
B. CONCLUSION – A scientific
conclusion results from relating
observed facts by logical,
common- sense reasoning in
accordance with established rules
of laws. The documents examiner’s
conclusion, in legal term is referred
to as “opinion”
C. DOCUMENT EXAMINER. One who
studies scientifically the details and
elements of documents in order to
identify their source or to discover
other facts concerning them.
Document examiners are often
referred to as handwriting
identification experts, but today
the work has outgrown this latter
title and involves other problems
than merely the examination of
handwriting.
D. ERASURE – The removal of writings,
or typewriting or printing, from a
document is an erasure. It maybe
accomplished by either of two
means. A chemical eradication in
which the writing is removed or
bleached by chemical agents
(e.g. liquid ink eradicator); and an
abrasive erasure is where the
writing is effaced by rubbing with a
rubber eraser or scratching out with
a knife or other sharp with
implement
E. EXAMINATION – It is the act of
making a close and critical study of
any material and with questioned
documents, it is the process
 necessary to discover the facts
about them. Various types are
undertaken, including microscopic,
visual photographic chemical, ultra
violet and Infra-red.
F. EXPERT WITNESS. A legal term used
to describe a witness who by
reason of his special training or
experience is permitted to express
an opinion regarding the issue, or a
certain aspect of the issue, which is
involved in a court action. Hi
purpose is to interpret technical
information in his particular
specialty in order to assist the court
in administering justice.
document examiner testifies in
court as an expert witness.
G. HANDWRITING IDENTIFICATION
EXPERT. A common name for the
document examiner.
H. IDENTIFICATION (Identity) –as used
in this text it is the state of being
identical or absolutely the same as
in similarity of source or authorship
of the questioned document and
the standard document.
I. INSERTION OR INTERLINEATION – The
term “insertion”
“interlineations” include
addition of writing and other
material between lines
paragraphs or the addition of
whole page to a document.
J. NON-IDENTFICATION (Non-dentity)
– as used in this text it means that
the source of authorship of the
compared questioned
standard specimens is different.
K. OBLITERATION – The blotting out or
shearing over the writing to make
the original invisible to as an
addition.
L. OPINION. In legal language, it
refers to the document Examiner’s
conclusion. Actually in court, he
not only expresses an opinion but
demonstrates the reason for
arriving at his opinion. Throughout
this text, opinion and conclusion
are used synonymously.
M. QUALIFICATION. The professional
experience, education, and ability
of a document examiner. Before
he is permitted to testify as an
expert witness, the court must rule
that he is qualified in his field.
 DIVISIONS OF QUESTIONED
The DOCUMENT EXAMINATION
A. Criminalistics Examination. This
involves the detection of forgery,
erasure, alteration or obliteration of
documents. Dr. Wilson Harrison, a
noted British Examiner of
questioned documents said that
an intelligent police investigation
can detect almost 75% of all
forgeries by careful inspection of a
document with simple
magnifiers and measuring tools.
B. Handwriting Investigation/Analysis.
and This is more focused in determining
the the author of writing. It is more
difficult procedure and requires
or long study and experience.
 FORMS/ASPECTS (SUBJECTS) OF
QUESTIONED DOCUMENT
EXAMINATION
A. Handwriting Examination
(Graphology/Graphoanalysis)
and 1. Examinations of signatures and
initials
2. Examinations of anonymous
letters
3. Hand printing examinations
B. Examinations of Typewriting and
type prints.
C. Examination of Inks
D. Examinations of Erasures,
alterations or obliterations, etc.
1. Detection of alteration
2. Decipherment of erased
writings
3. Restoration of obliterated
writings
E. Counterfeiting
1. Examination of currency bills and
coins and the like.
2. Examination of fake documents
F. Miscellaneous aspects
1. Determination of age of documents
2. Identification of stamps
3. Examinations of seal and other
authenticating devices
 DOCUMENT EXAMINATION
General)
A. OBJECT- To furnish the investigator
in the field with sufficient
background information
concerning document
examination.
B. VALUE-
1. In the commission of a crime,
the criminal often finds it
necessary to employ one or
more documents
furtherance of his act.
2. In some crimes, such as forgery,
the document is an integral
part of the crime.
3. In others, such as false claims
against government,
documents often play an
important part in proving the
commission of the crime.
4. Proof of the fact that a
document was altered or
made by a particular individual
may show that:
A. He committed the crime.
B. He had knowledge of the
crime.
C. He was present in a certain locality
at a specified time.
C. PURPOSE- A document may be
examined to know the following:
A. Identity of the author.
B. True contents of the document.
C. Origin of the instrument or paper
used in making the document.
D. Alterations or erasures which have
been made.
E. Authenticity of the document.
 SCIENTIFIC METHOD IN QUESTIONED
DOCUMENT EXAMINATION:
A. Analyses (Recognition) – properties
or characteristics, observe or
(In measured.
B. Comparison – Properties or
characteristics of the unknown
determined thought analysis are
now compared with the
familiar or recorded properties of
known items.
C. Evaluation – Similarities or
dissimilarities in properties or
characteristics will each have a
certain value for identification,
in determined by its likelihood of
occurrence. The weight or
significance of each must
therefore be considered.
Who is a Questioned Document
Expert? A questioned Document
Expert is one who has:
1. attained the appropriate education
and training;
2. Sufficient knowledge on the
technical, scientific, and legal aspects
of document examinations;
3. A board experience in handling
questioned document cases.
4. Testify in court
 REASON FOR UTILIZING A D. MEASURES AND TEST PLATES
QUESTIONED DOCUMENT EXPERT: (TRANSPARENT GLASS) – those used
1. Assurance of preparedness for signatures and type
2. Trial fiscal or judges are infrequently writings.
confronted with document cases; E. TABLE LAMPS WITH ADJUSTABLE
consequently, they do not possess the SHADES (Goose Neck Lamp) – used
knowledge of the documents expert’s for controlled illumination;
ability of the various methods that needed in sidelight examination
exist for determining forgeries. wherein light is place at a low-
3. Avoidance of an “OFF-HAND” angle in a position oblique to
opinion. plan or document.
D. What is an “OFF-HAND OPINION”? F. TRANSMITTED LIGHT GADGET – a
Off-hand opinion is usually a device where light comes from
conclusion that is not based on beneath or behind glass on
through scientific examination. document is placed.
E. THE DANGER OF OFF-HAND G. ULTRA VIOLET LAMP - this is usually
OPINION- it has happened in some used in the detection of
cases that an off-hand opinion, has counterfeited bills but can actually
sent an innocent man to prison, be used to detect security
while a murderer was given a features of qualified documents.
chance to escape. H. INFRARED VIEWER – primarily used
 INSTRUMENT AND APPARATUS USED to decipher writings in a charred
IN QUESTIONED DOCUMENT document.
EXAMINATIONS I. COMPARISON MICROSCOPE –
A. MAGNIFYING LENS – bank similar to that of the bullet
personnel and other people comparison microscope.
involved in currency examinations  TECHNIQUES IN THE EXAMINATION
usually use and ordinary hand-lens; OF QUEATIONED DOCUMENTS:
the maximum diameter of which is A. MICROSCOPIC EXAMINATION –
four inches, and this appears big any examination or study which
with its wide frame it has a is made with the microscope in
magnifying power of two times the order to discover minute
original only. Magnifying lenses physical details. Stereoscopic
of five times or more magnifying examination with low and high
power, with built-in-lighting are power objectives is used to
more useful. detect retouching, patching
B. SHADOWGRAPH – a pictorial image and unnatural pen-lift in
form by casting a shadow, usually signature analysis.
in the hands, upon a rightful B. TRANSMITTED LIGHT
surface of screen. EXAMINATION – in this
C. STEREOSCOPIC BINOCULAR examination, the document is
MICROSCOPE – a tri-dimensional viewed with the source of
(3D) enlargement is possible. illumination behind it and the
light passing through the paper.
 Documents are subjected to this
type of examination to
determine the presence of
erasures, matching of serrations
and some other types of
alteration.
C. OBLIQUE LIGHT EXAMINATION –
an examination with the
illumination so controlled that it
grazes or strikes the surface of
the document from one side at
a very low angle. Decipherment
of faded handwriting,
determination of outlines in
traced forgery, embossed
impressions, etc. are subjected
to this type of examination.
D. PHOTOGRAPHIC EXAMINATION –
This type of examination is very
essential in every document
examination. Actual
observations are recorded in
the photographs.
E. ULTRA-VIOLET EXAMINATION –
Ultraviolet radiation is invisible
and occurs in the wave lengths
just below the visible blue-violet
end of the spectrum (rainbow).
These visible rays react on some
substances so that visible light is
reflected, a phenomenon
known as FLOURESCENCE.This
type of examination is done in a
darkroom after the lamp has
been warmed up in order to
give a maximum output of the
ultra-violet light. Exposure to the
ultra-violet light should be to the
minimum duration in order to
avoid fading of some writing ink
and typewriter ribbon.
INFRARED EXAMINATION – This
examination of documents employs
invisible radiation beyond the red
portion of the visible spectrum
(rainbow) which is usually recorded on
a specially sensitized photographic
emulsion.
XII. PHOTOGRAPHY AND QUESTIONED
DOCUMENT EXAMINATION
A. PURPOSES OF PHOTOGRAPHS IN
QDE:
1. Serve as record of the initial
condition of a disputed document;
2. Make clear what otherwise may be
hidden or indistinct;
3. Enlarge writing in question so that
every quality and characteristics of
it can be clearly and properly
interpreted whether the facts so
shown point to genuineness or to
forgery.
4. Enable any number of accurate
reproductions of document, thus
affording unlimited opportunity for
study, comparison and evaluation
by any number of examiners,
which would not be possible by
using the document alone;
5. Allow cutting part as may be
desired and the various parts
classified for comparisons;
6. Can show delicate discolorations
due to chemical erasures or other
fraudulent changes, which may
otherwise be overlooked, or
misinterpreted;
7. Can show very clearly and erasures
by abrasions made by ordinary
rubber eraser and it can record in
permanent form with the paper
placed obliquely to the plane of
the lens and plate and inclined at
just right angle of reflection so as to
show differences in the reflected
light from different portions of the
paper surface; and
8. With transmitted light, photographs
is useful in:
a. Examination of watermarks
b. Determining the identity, or the
differences in paper by showing
arrangements of the fibers and
the markings of the wire gauze
and dandy roll
c. Showing the continuity of strokes
and
d. Determining retouching or
patching of writing by showing
clearly the presence of added
ink film and the uneven
distribution of ink in interrupted
strokes.
HANDWRITING IDENTIFICATION AND
EXAMINATION:
HANDWRITING – It is the result of a very
complicated series of facts, being
used as whole, combination of
certain forms of visible mental and
muscular habits acquired by long,
continued painstaking effort. Some
defined handwriting as “visible
speech.”
I. KINDS OF WRITING:
a. CURSIVE – connected;
writing in which one letter is
joined to the next.
b. Script – separated or
printed writing.
c. BLOCK – all CAPITAL
LETTERS.
II. BASIS OF HANDWRITING
IDENTIFICATION:
A. In Wignore’s Principles of judicial
Proof, handwriting is defined as
a visible effect of bodily
movements which is an almost
unconscious expression of fixed
muscular habits, reacting from
fixed mental impression of
certain ideas associated with
script form.
B. Environment, education and
occupation affect individuals so
variously in the formation of
these muscular habits that finally
the act of writing becomes an
almost automatic succession of
acts stimulated by these habits.
C. The imitation of the style of
writing by another person
becomes difficult because the
other person cannot by mere
will power reproduce in himself
all the muscular combination
from the habit of the first writer.
☺Is handwriting/signature
identification an “extra
science”? –In the hand of a
qualified examiner operating under
proper conditions, identification by
means of handwriting/signature is
certain.
Proper conditions include.
1. Sufficient questioned writing
2. sufficient time
3. Sufficient known writing
4. use of scientific instruments
III. PHYSIOLOGICAL BASIS OF
HANDWRITING:
The impulse to form a letter begins in
the brain’s writing center in the cortex.
This center is skin to brain areas control
visions, hearing, talking and walking,
guides the muscle as they weave the
complex movements that make the
words. Since writing in the mind,
emotion and attitudes both path of
the mind influence how we write just
as they influence how we walk and
talk. In writing the pen
functions as an extension of the hand.
The fingers transmit to the paper, the
directive impulse and the variation in
muscular tension that according to
the nature of tie writer’s nervous
organization occur during the act or
writing. This center near the motor
area of the cortex is responsible for
the finger movementin handwriting.
The importance of this center is that
when it becomes diseased as in a
graphic,one loses the ability to write
although he could still grasp a
fountain pen, ball pen or pencil.
Two Groups of Muscles Involve in
Handwriting:
1. Extensor muscles – push up the
pen to form the upward strokes.
2. Flexor muscles which push the
pen to from the downward
strokes.
Generally speaking, four groups
of muscles are employed in
writing – those which operate
the joints of
the fingers, wrist, elbow, and
shoulder. The delicate way in
which the various muscles used
in writing work together to
produce written form is known
as motor coordination.
IV. VARIATIONS IN HANDWRITING - A
more or less definite patter for
each is stored away in the
subjective mind but the hand
does not always produce a
stereotyped duplicate of that
pattern. The hand ordinarily is
not an instrument of precision
and therefore we may not
expect every habitual manual
operation to be absolutely
uniform. The greater this skill in
the art of penmanship, the less
the variations there will be in the
form of individualize letters as
well as in the writing as a whole.
A. CAUSES OF VARIATION:
1. Function of some external
condition i.e. influence of the
available space.
2. Abnormal conditions such as
physical injury, toxic effects,
inebriation’s, emotion and
deception.
3. Position of letter – all the
letters are to be found initially,
medially, and finally. The fact of
a different position especially in
combination with another and
particular letter, may modify
any of them in some way or
another.
B. IMPORTANCE OF VARIATION
1. Personal variation encountered
under normal writing conditions
is also a highly important
element of identification. The
qualities of personal variation
include both its nature and its
extent. It becomes necessary to
determine the amount, extent,
and exact quality of the
variations.
2. It is improbable that the variety
and extent of the variation in
handwriting will be exactly
duplicated in two individuals
that such a coincidence
becomes practically impossible
and this multitude of possible
variations when combined is
what constitutes individuality in
handwriting.
3. With a group of signatures of a
particular writer, certain normal
divergence in size, lateral
spacing and proportions
actually indicate genuineness.
 Variation is genuine writing is
ordinarily in superficial parts and
in size, proportions, degree of
care giver to the act, design,
slant, shading, vigor, angularity,
roundness and direction of
stroke.
V. DEVELOPMENT OF HANDWRITING
OF AN INDIVIDUAL
a. Children learn writing by
following the school copy or
model.
b. After acquiring some degree
of skill the children no longer
follow the school model.
c. As speed increases,
conscious design and regularity
begin to break down.
d. In the course of trial and error,
modifications are made,
simplification and elaborations,
addition and omissions occur.
1. The writing pattern of each child
embodies unique combinations of
such deviation from the standard
letter forms or school model, and
becomes his personal habits.
2. Although thousands learn the
same system and that the natural
result is identity, but facts show that
it is not because those who were
taught the same system or school
copy a class of writers, but such
impairs does not by any means
produce a slavish uniformity.
3. Variation begins as soon as
writing begins and continues until
each writer in the way that seems
best and easiest him.
VI. SCHOOL COPYBOOK FORM
(school model) – refers to the
standard of handwriting
instruction taught in particular
school. Classes of copybook
depend on the standard school
copy adopted by a writer.
A. SYSTEMS of Early American
Handwriting:
1. Old English round hand – in
fact an Italian hand popular in
1840.
2. Modified round hand – early
edition of the Spencerian, and
the Payson, Dunton, and
Scriners copybook – 1840-1860.
3.Spencerian – there is
simplification by the omission of
extra strokes and flourishes. And
a general tendency toward
plainer letters than the
preceding system, some of
which were very ornate – 1860-
1890.
4. Modern Vertical writing 1890-
1900.
5. The arm movement writing –
the manner or method of writing,
instead of the form alone is
especially emphasized. Out of
these five divisions of early
handwriting, the modern
commercial hand systems
developed. This is characterized
by free movement. And the
forms adopted are best suited to
easy rapid writing. These are the
Zaner and Blozer system of arm
movement writing and the
Palmer system of American arm
movement. The last great
revolution in American
handwriting was the adoption of
vertical writing which was in fact
a reversion to the old system of
slow but legible writing. The
connecting stroke is based on
the small circle and is the most
 distinctive “round hand” ever
devised. It was very slow
compared with writing based on
the narrow ellipse like the
Spenserian in which all
connections were almost points
instead of broad curves. Most
commercial handwritings tend
toward straight connecting
strokes and narrow connections.
B. SOME MODERN SCHOOL MODEL
FORMS
1. Palmer Copybook - 1. to the nationality of the
commonly used in the United
States prior to 1980.
2. D’Nealian Copybook - 3. to the date when the
commonly used in the United
States since to 1980.
3. British Copybook
4. French Copybook
5. German Copybook
C. SISGIFICANCE OF SCHOOL
COPY FORMS or System
Characteristics as Basis in the
Identification of Handwriting:
1. Similarities of form are not
indicative of identity unless
they concern unusual form or
what are termed deviations
from the normal. Similarities
are bound to occur in
different writings but such
similarities exist only in letters
which are normal in form, the
fact bears no significance.
2. All differences in form are
indicated of non-identity
3. The likeness in form maybe
general and simply indicate
the class or genus or the
different does not
differentiate maybe nearly
superficial.
4. In many systems of writing, the
date and influences of system
of writing have an important
bearing on the question of
genuine or of forgery and in
other cases, the presence of
European characteristics in
handwriting is a vital and
controlling fact.
D. IMPORTANCE OF THE DESIGN OF
THE LETTERS (System of Writing) –
May point:
writer.
2. to the system learned.
writing was acquired and
4. to some of the influences
that have surrounded the
writer.
VII. TERMINOLOGIES RELATED TO
HANDWRITING IDENTIFICATION AND
EXAMINATIONS
A. ALIGNMENT – Is the relation of
parts of the whole of writing or
line of individual letters in words to
the baseline. It is the alignment of
words. The relative alignment of
letters.
B. ANGULAR FORMS – Sharp, straight
strokes that are made by
stopping the pen and changing
direction before continuing.
C. ARCADE FORMS – Forms that look
like arches rounded on the top
and open at the bottom.
D. CHARACTERISTICS -any property
or mark which distinguishes and in
document examination
commonly called to as the
identifying details.
E. COLLATION – side by side
comparison; collation as used in
this text means the critical
 comparison onside by side
examination.
F. COMPARISON – The act of setting
two or more items side by side to
weigh their identifying qualities; it
refers not only a visual but also
the mental act in which the
element of one item are related
to the counterparts of the other.
G. DISGUISED WRITING – A writer may
deliverately try to alter his usual
writing habits in hopes of hiding
his identity. The results, regardless
of their effectiveness are termed
disguised writing.
H. DOWNSTROKE – The movement of
the pen toward the writer.
I. FORM – The writer’s chosen
writing style. The way the writing
looks, whether it is copybook,
elaborated, simplified or printed.
J. GARLAND FORMS – A cup-like
connected form that is open at
the top and rounded on the
bottom.
K. GESTALT – The German word that
means “complete” or “whole”. A
good gestalt needs nothing
added or taken away to make it
“look right”. Also a school of
handwriting analysis that looks at
handwriting as a whole
picture.
L. GRAPHOANALYSIS – the study of
handwriting based on the two
fundamental strokes, the curved
and the straight strokes.
M. GRAPHOMETRY – analysis by
comparison and measurement.
N. GRAPHOLOGY – the art of
determining character disposition
and amplitude of a person from
the study of handwriting. It also
means the scientific study and
analysis of handwriting, especially
with reference to forgeries
and questioned documents.
O. HANDLETTERING. Any
disconnected style of writing in
which each letter is written
separately; also called
handprinting.
P. LEFT-HANDED WRITING. See
“wrong hand writing.”
Q. LETTER SPACE – The amount of
space left between letters.
R. LINE DIRECTION – Movement of
the baseline. May slant up, down,
or straight across the page.
S. LINE QUALITY – the overall
character of the ink lines from the
beginning to the ending strokes.
There are two classes: Good
Line quality and Poor Line quality.
The visible records in the written
stroke of the basic movements
and manner of holding the
writing instrument is characterized
by the term “line quality”. It is
derived from a combination of
factors including writing skill,
speed rhythm, freedom of
movements, shading and pen
position.
T. LINE SPACE – The amount of space
left between lines.
U. MANUSCRIPT WRITING. A
disconnected form of script or
semi-script writing. This type of
writing is taught in young children
in elementary schools as the first
step in learning to write.
V. MARGINS – The amount of space
left around the writing on all four
sides.
W. MICROSCOPIC EXAMINATION –
Any study or examination which is
 made with the microscope in
other to discover minute details.
X. MOVEMENT – It is an important
element in handwriting. It
embraces all the factors which
are related to the motion of the
writing instrument skill, speed
freedom, hesitation, rhythm
emphasis, tremors and the like.
The manner in which the writing
instrument is move that is by
finger, hand, forearm or whole
arm.
Y. NATURAL WRITING – Any
specimen of writing executed
normally without any attempt to
control or alter its identifying
habits and its usual quality or
execution.
Z. NATURAL VARIATION – These are
normal or usual deviations found
between repeated specimens of
any individual handwriting.
AA. PEN EMPHASIS – The act of
intermittently forcing the pen
against the paper surfaces. When
the pen-point has flexibility, this
emphasis produces shading, but
with more rigid writing points
heavy point emphasis can occur
in writing w/out any evidence of
shading; the act intermittently
forcing the pen against the paper
with increase pressure.
BB. PEN HOLD – the place where the
writer grasps the barrel of the pen
and the angle at which he holds
it.
CC. PEN POSITION – relationship
between the pen point and the
paper.
DD. PEN PRESSURE – the average
force with which the pen
contacts the paper. Pen pressure
as opposed to pen emphasis
deals with the usual of average
force involved in the writing
rather than the period increases.
EE. PRINTSCRIPTS – the creative
combination of printing and
cursive writing.
FF. PROPORTION or RATIO – the
relation between the tall and the
short letter is referred to as to the
ratio of writing.
GG. QUALITY – a distinct or peculiar
character. Also “quality” is used in
describing handwriting to refer to
any identifying factor that is
related to the writing movement
itself.
HH. RHYTHM – the element of the
writing movement which is
marked by regular or recurrences.
It may be classed as smooth,
intermittent, or jerky in its quality;
the flourishing succession of
motion which are recorded in a
written record. Periodicity,
alteration of movement.
II. SHADING – is the widening of the
ink strokes due to the added
pressure on a flexible pen point or
to the used of a stub pen.
JJ. SIGNIFICANT WRITING HABIT – any
characteristic of handwriting that
is sufficiently uncommon and well
fixed to serve as a fundamental
point in the identification.
KK. SIMPLIFICATION- eliminating
extra or superfluous strokes from
the copybook model.
LL. SIZE – may refer to the overall size
of the writing or the proportions
between zones.
MM. SKILL – in any set there are
relative degrees or ability or skill
and a specimen or a handwriting
 usually contains evidence of
the writer’s proficiency; degree,
ability, or skill of a write
proficiency.
NN. SLOPE/SLANT – the angle or
inclination of the axis of the letters
relative to the baseline. There are
three classes: 1. Slant to the left;
2. Slant to the right; and 3.
Vertical slant.
OO. SPEED WRITING – the personal
pace at which the writer’s pen
moves across the paper.
PP. SPEED (SPEEDY) WRITING – Not
everyone writes at the same rate
so that consideration of the
speed of writing may be a
significant identifying element.
Writing speed cannot be
measured precisely from the
finished handwriting but can be
interpreted in broad terms of
slow, moderate, or rapid.
QQ. SYSTEM (OF WRITING) – The
combination of the basic design
of letters and the writing
movement as taught in school
make up the writing system.
Writing through use diverges form
the system, but generally retains
some influence of the basic
training. See also copy book.
RR. TENSION – The degree of force
exerted on the pen compared to
the degree of relaxation.
SS. THREADY FORM – an indefinite
form that looks flat and wavy.
TT. VARIABILITY – the degree to
which the writing varies from the
copybook model.
UU. VARIATION – The act or process
of changing.
VV. WORD SPACE – The amount of
space left between words.
WW. WRITING CONDITION – Both the
circumstances under which the
writing was prepared and the
factors influencing the writer’s
ability to write at the time of
execution. It includes the writer’s
position (sitting, standing,
abed, etc.), the paper support
and backing, and the writing
instrument; writing ability maybe
modified by the condition of the
writer’s health, nervous state, or
degree of intoxication.
XX. WRONG-HANDED WRITING. Any
writing executed with the
opposite hand that normally
used; a.k.a. as “with the
awkward hand“. it is one means
of disguise. This, the writing of a
right-handed person which
has been executed with his left
hand accounts for the common
terminology for this class of
disguise as “left-handed
writing”.
YY. WRITING IMPULSE – The result of
the pen touching down on the
paper and moving across the
page, until it is raised from the
paper.
VIII. MOVEMENT IN HAND WRITING
A. KINDS OF MOVEMENT
1. Finger Movement – the
thumb, the first, second
and slightly the third
fingers are in actual
motion. Most
usually employed by
children and illiterates.
2. Hand Movement –
produced by the
movement or action of
the whole hand with the
 wrist as the from light to heavy or from
center of heavy to light.
attraction. 4. Speed
3. Forearm Movement - the 5. The shading impulse is
movement of the distributed over a
shoulder, hand and arm considerable length of the
with the support of the line whereas in writing in
table. produced with a slow
4. Whole Forearm motion as in the finger
Movement – action of the movement, the shading
entire arm without resting, often has a “bunchy”
i.e., blackboard writing. appearance, in which the
B. QUALITY OF MOVEMENT maximum width of the
1. Clumsy, illiterate and shaded line is attained
halting abruptly.
2. Hesitating and painful B. FAULTY COORDINATION IS
due to weakness and CHARACTERIZED BY THE
illness FOLLOWING:
3. Strong, heavy and 1. Wavering and very
forceful irregular line or strokes
4. Nervous and irregular with uncertain and
5. Smooth, flowing and unsteady progress. There
rapid is no freedom of
C. SPEED – slow and drawn; movement along the
Deliberate; average; and rapid strokes of the letterforms.
D. DIFFERENT MOVEMENTS The writing is obviously
EMPLOYED AFFECT WRITING IN – very slow and is typical of
Smoothness; Directness; the writing of a young
Uniformity; Continuity of strokes; child or for anyone who
and Connecting or curves painstakingly draws a
between letters. picture of an unfamiliar
IX. MOTOR COORDINATION – the form.
special way in which the various 2. Angular Line – a very
muscles used in writing work common fault of
together to produced written coordination. Curves,
forms. large and small are not
A. CHARACTERISTICS OF MOTOR smoothly rounded and
COORDINATION: there is no gradual
1. Free, smelt rounded curves change of direction. On
2. Gradual changes of the contrary, and angle
directions marks almost every
3. Pressure is always in the change are direction in
state of change, moving the line. Investigating has
disclosed that angles are
 accompanied by
lessening of writing speed.
X. Rhythm in Handwriting – rhythm is a
succession of connected, uniform
strokes working in full coordination.
This is manifested by clear-cut
accentuated strokes which
increase and decrease in which
like perfect cones. Pressure is
always in a state of change
moving from light to heavy or
heavy to light.
A. LACK OF RHYTHM
characterized by a succession
of awkward, independent,
poorly, directed and
disconnected motions.
B. IMPORTANCE OF RHYTHM - By
studying the rhythm of the
succession of strokes, one can
determine if the writer normally
and spontaneously or write with
hesitation as if he is attempting
to for another signature.
C. LETTER OF CONNECTIONS –
determine the essential
expression of the writing pattern.
It is a mean indicator of the
neuromuscular function. Words
are formed by connection
letters to one another.
Even letters are formed by
joining of the upward and
downward strokes. These types
of connections are:
1. Arcade – a rounded stroke
shaped like arch. It is a slow
mode of connection
resulting from controlled
movements.
2. Garland – links the
downward strokes to the
TERMINOLOGIES CONCERNING STROKES:
a 1. AIRSTROKE – the movement of the
pen as it is raised from the paper and
continues in the same
direction in the air.
2. COVERING STROKE – a stroke that
unnecessarily covers another stroke in
a concealing action.
3. FINAL – the ending stroke on a letter
when it is at the end of a word.
4. UPSTROKE – Movement of the pen
away from the writer.
5. SEQUENCE OF STROKES – the order in
– which writing strokes are placed on
the paper is referred to as their
sequence.
6. SUPPORTED STROKES – upstrokes
partially covering the previous down
strokes. Originally taught in European
schools.
7. TRAIT STROKE – a school of
handwriting analysis that assigns
personality trait manners to individual
writing strokes.
C. QUALITIES OF STROKES:
1. Expansion – whether the
movement is extended or
limited in its range with
respect to both vertical
and horizontal dimension.
2. Co-ordination – whether
the flow of movements is
controlled or uncertain,
smooth or jerky,
continuous or interrupted.
3. Speed – whether the
movement is been rapid
or slow and whether the
pace has been steady or
variable.
4. Pressure – whether the
pressure exerted in the
movement and it’s
upward and downward
reach.
 5. Direction – left ward and 3. Meaningless blobs or
right ward trend of the extraneous strokes in the
movement and its writing.
upward and downward 4. Inconsistency in slant of
reach. writing.
6. Rhythm – in the sequence 5. Illegible forms and writing
of movements that generally.
weave the total pattern, 6. Inconsistency in the form of
certain similar phases repeated letters.
recur at more or less 7. Uneven baseline.
regular intervals. VIII. ADMISSIBILITY OF STANDARD
XII. HANDWRITING PROBLEMS: WRITINGS:
A. Signature / handwriting A. THE FOLLOWING ARE STANDARD
contested by its author which is WRITINGS WHICH ARE ADMISSIBLE
reality is genuine and FOR COMPARISON PURPOSES:
corresponds perfectly to the 1. Standards writings witnessed
ordinary and habitual signatures 2. Standards writings admitted
of that person. 3. Record Maintained in Regular
B. Signature/handwriting Course of Business as
contested by its author which is Standard Writings
reality was written by him but in 4. Government Document as
a way which was different from standard Writings
the ordinary manner and which 5. Ancient writings
is more or less different from the 6. Other Writings Standards –
common genuine signatures of Among writings admissible as
that person. standard are signature on
C. Signature/handwriting spelling motion or other
contested by its author which in instruments, such as an
reality was written by a third appearance bond, which
person and which is a forgery may without further proof of
written in an attempted genuineness be used as a
imitation of a model. standard.
VII. EFFECTS OF ALCOHOL IN 7. Familiarity sometimes
HANDWRITING establishes standard writings.
A. PHYSICAL AND MENTAL EFFECTS. INVESTIGATION AND DETAILED
Intoxication affects the EXAMINATION OF SIGNATURES
physiological being of an SIGNATURE defined – It is the name of
individual hence; the manner of a person written by him/her in a
handwriting is also affected. document as a sign of
B. EVIDENCE OF ALCOHOLIC acknowledgement. Or, it is a name or
INTOXICATION IN HANDWRITING a mark that a person puts at the end
1. Bizarre letter forms. of a document to attest that he is its
2. Greatly enlarge writing. author or that he ratifies its
contents.Many persons who have
done a lot of writing transform their than the person himself,
name. Letters become simplified or without his permission, often
condensed, complex movement with some degree of
appears. This is now a signature. It is imitation.
mark but this mark is now personal. It is E. FREEHAND SIGNATURE. A
a personal combination of strokes in fraudulent signature that was
which it is possible to recognize the executed purely by simulation
writer. rather than by tracing the
Microsoft Encarta Reference Library outline of a genuine
has these to say about signature: signature.
1. Signed name F. GUIDED SIGNATURE. A
2. Signing of name signature that is executed
3. Distinctive characteristic while the writer’s hand or arm
I. OTHER SIGNIFICANT TERMS is steadied in any way. Under
A. ASSISTED SIGNATURE the law of most jurisdictions
B. CROSS MARK. Historically, such a signature
many who could not write authenticates a legal
signed with a cross mark or document provided it is
crude X. This authenticating shown that the writer
mark is still used today by requested the assistance.
illiterates, and if properly Guided signatures are most
witnessed, it can legally stand commonly written during a
for a signature. Ballot marks serious illness or on a
are also referred to as cross deathbed.
marks because of the G. IMITATED SIGNATURE.
common practice of marking Synonymous with freehand
with an X. forgery.
C. EVIDENTIAL SIGNATURE – Is not H. MODEL SIGNATURE. A
simply a signature – it is a genuine signature that has
signature, signed at a been used to prepare an
particular time and place, imitated or traced forgery.
under particular conditions, I. THEORY OF COMPARISON –
while the signer was at The act of setting two or more
particular age, in a particular signature in an inverted
physical and mental position to weigh their
condition, using particular identifying significance, the
implements, and with a reason being that those we
particular reason and fail to see under normal
purpose for recording his comparison may readily be
name. seen under this theory.
D. FRAUDULENT SIGNATURE. A II. THE EXAMINATION OF SIGNATURES IS
forged signature. It involves CONSIDERED A SPECIALIZED BRANCH
the writing of a name as a OF HANDWRITING IDENTIFICATION,
signature by someone other FOR THE FOLLOWING REASONS:
 A. A signature is a word most
practiced by many people
and therefore most fluently
written.
B. A signature is a means to
identify a person and have a
great personal significance.
C. A signature is written with little
attention to spelling and
some other details.
D. A signature is a word written
without conscious thought
about the mechanics of its
production and is written
automatically.
E. A signature is the only word
the illiterate can write with
confidence.
III.TYPES OF SIGNATURES
A. FORMAL (a.k.a.
CONVENTIONAL or
COPYBOOK FORM) – practice, the forger tries to
complete correct signature
for an important document
such as will.
B. INFORMAL (CURSORY) – SIGNATURE)
usually for routine documents
and personal
correspondence.
1. Personalized
2. Semi-personalized
C. CARELESS SCRIBBLE – for the
mail carrier, delivery boy or
the autograph collector.
IV. FORGERY – Forgery is, strictly
speaking, a legal term which involves
not only a non-genuine document but
also and intent to fraud. However, it is
also used synonymously with
fraudulent signature or spurious
document.
V. CLASSES OF FORGED SIGNATURES
(CATEGORIES OF FORGERY OF
SIGNATURES)
A. SIMULATED OR FREEHAND
IMITATION FORGERY – executed
purely by simulation rather
than by tracing the outline of a
genuine signature can be
referred as freehand imitation or
simulated forgery. Or it refers to
the freehand drawing in
imitation of mode signature.
1. SIMULATED WITH THE MODEL
BEFORE THE FORGER
a. DIRECT TECHNIQUE –
forger works directly with ink.
b. INDIRECT – forger works
first with pencil and
afterwards covers the pencil
strokes with ink.
2. SIMULATED FREE HAND
FORGERY (TECHNIQUE) – used
by forgers who have a certain
skill in writing? After some
write a copy of the model
quickly.
B. TRACED FORGERY (TRACED
1. DIRECT TRACING –
tracing is made by
transmitted light.
2. INDIRECT TRACING –
forger uses a carbon paper
and place document on
which he will trace the forged
signature under the
document bearing the model
signature with a carbon
paper between the two.
TYPES OF TRACED SIGNATURE:
1. CARBON PROCESS
2.INDENTATION PROCESS
3.TRANSMIT TEDLIGHT PROCESS
C. SPURIOUS SIGNATURE (SIMPLE
FORGERY) – Forger does not try
 to copy a model but writes E. STEP 5 – Design and structure of
something resembling what we the letters – Determine as to
ordinarily call a signature.For his , roundness, smoothness,
he uses a false (spurious) name angularity and direction.
and makes a rapid stroke, Each individual as a different
disturbing his usual writing by concept of letter design.
adopting a camouflage called F. STEP 6 – Look for the presence of
disguise. retouching of patching.
D. FORGERY BY MEANS OF A G. STEP 7 – Connecting strokes,
STAMPED FACSIMILE OF A slant, ratio, size, lateral spacing.
GENUINE OR MODEL H. STEP 8 – Do not rely so much in
E. FORGERY BY COMPUTER the similarity or difference of the
SCANNING capital letters, for theses are the
often changed
VI. SUGGESTED STEPS IN THE according to the whim of the
EXAMINATIONOF SIGNATURE: writer.
A. STEP 1 – Place the questioned VII.CHARACTERISTICS PRINCIPLES THAT
and the standard signatures in SUPPLY MOST CASES:
the juxta-position or slide-by-side A. Pen pressure
for simultaneous viewing of the B. Inconspicuous characteristics
various elements and C. Movement
characteristics. D. Repeated characteristics
B. STEP 2 – The first element to be E. Proportion
considered is the handwriting F. Characteristics written with
movement or the manner of speed
execution (slow, deliberate, G. Unusual distortion of the
rapid, etc.) The fundamental forms of letters
difference existing between a VIII. INDICATION OF GENUINENESS:
genuine signature and an A. Carelessness
almost perfect forgery is in the B. Upright letters are
manner of execution. interspersed with slanting
C. STEP 3 – Second elements to letters
examine is the quality of the C. Spontaneity
line, the presence or tremors, D. The upward strokes to a
smooth, fluent or hesitation. threadlike tracing
Defect in line quality is only E. Alternation of thick and thin
appreciated when simultaneous strokes
viewing is made. F. Rhythm
D. STEP 4 – Examine the beginning G. Speed
and ending lines, they are very H. Good line quality
significant, determine whether I. Simplification
the appearance blunt, club- J. Variation
shaped, tapered or/vanishing.
IX. INDICATIONS OF SIMULATED (Direct
& Indirect Techniques) and TRACED
FORGERIES
A. Tremulous and broken
connecting strokes between
letters, indicating points at
which the writer has temporarily
struck.
B. No rhythm –
C. Carefulness or unusual care and
deliberation
D. No contrast between upward
and downward strokes
E. Slow writing – angular writing
F. Blunt beginning and endings
G. Placement of diacritical marks
just over the stem of letters
H. Absence of spontaneity – lack
of smoothness of letters
I. Restrained writing – there is lack
of freedom or “inhibited”
movements THAT gives the
impression that every stroke is
made with difficulty. This writing
is small.
J. No variation
X. INDICATIONS OF SIMPLE OR
SPURIOUS FORGERY – Writing habits of
the writer (forger) is evident in the
forged signature.
XI. INDICATIONS OF FORGERY BY
MEANS OF STAMPED FACSIMILE OF A
GENUINE SIGNATURE:
A. Flat strokes
B. No contrast between upstrokes and
down strokes
C. Deposit of ink at the junction of two
strokes or where two strokes cross
each other.
D. No variation – All signatures will
superimpose over each other.
XII. PROCEDURE IN THE COMMON
SIGNATURE PROBLEMNS
A. Genuine Signature which the writer
refuses to admit not
genuine.Generally presence of
tremors, remnants of carbon,
retouching (patching) indicates
forgery, Produce, the probability of
genuineness
B. Genuine Signature Deliberately
Modified. Examination of this kind
of signature is confidently
discovered that the modification is
only on the prominent features of
the letter designs that are pointed
out by the disclaimer, while the rest
appear to be normal. There are
unnatural tremors and retouching.
The minute details in genuine
signatures are present.
CHAPTER SIX – FORGERY,
COUNTERFEITING AND
FALSIFICATION
I. DEFINITION OF TERMS
A. COUNTERFEITING – It is the crime
of making, circulating or uttering
false coins and banknotes.
Literally, it means to make a
copy of; or imitate; to make a
spurious semblance of, as
money or stamps, with the
intent to deceive or defraud.
Counterfeiting is something
made to imitate the real
thing used for gain.
B. FALSIFICATION – The
act/process of making the
content/s of a document not
the intended content.
C. FORGERY – The act of falsely
making or materially altering,
with intent to defraud, any
writing which if genuine,
might be of legal efficacy or the
foundation of a legal liability.
II. MAKING OF PAPER MONEY
A. ENGRAVING – It is the process
by which the line to be printed
are cut into pieces of metal by
hand or with a machine. Ink
is rubbed over the plate to fill
the cuts in the metal and the
extra ink wiped- off the top.
The pressure of the paper on the
plate causes the ink in the holes
to be lifted on the surface of the
paper. The ink lines will be felt to
be raised above the surface.
The engraving process is
used for the production of all
genuine bank notes.
B. LETTERPRESS PRINTING – is the
most common form of printing
books, magazine, letterheads
and the usual printing in
common uses, In the process,
the letters are made on raised
pieces of metal which
covered with ink and then
impressed upon the paper in
the same form as a rubber
stamp or cliché. The serial
numbers of a bank note are
usually added by this letterpress
process after the note has
been produced by an
engraving.
C. OFFSET PRINTING – is the method
of photograph is taken of the
desire material and a print is
made on a specially
prepared aluminum plate. The
plate is kept wet with water.
When ink is applied, it sticks
only these parts of the plate
where printing is desired. The
aluminum plate is then put in
contact with rubber roller which
transfers the ink to the papers.
The offset process is quite used
in small printing plants. Because
it was photographic process, it is
the most common modernused
by counterfeiter to make false
paper money.
III. BANK NOTE PAPER
Paper bank notes get a lot of
handling. If a good grade of paper is
not used, they would soon wear out
and have to be replaced. Even with
the best paper, the old two peso bill
usually wears out and has to be
replaced at the end of thirty days.
Governments buy the very best grade
of paper they can get, in order that
the paper will last as long as possible.
Special paper also makes it difficult for
the counterfeiter to duplicate it. It is
usually the use of wrong paper that
causes the counterfeited bank note to
be detected by ultraviolet
VIII. COUNTERFEIT PASSPORT
Passports are rarely counterfeit,
because they are quite complicated
in design and manufacture. The most
usual method of forgery is to steal a
genuine passport and make change
in it. Many safety features are
incorporated in passport and are
easily detected by close inspection
Ultraviolet light is very useful in this type
of examination. The investigator
should look particularly at the
photograph in any passport as
identification card. This is always
necessary because sometimes forgers
remove and change or substitute the
picture. Hence, the position of
perforation caused by staples and
another pasting device should be
studied carefully.
IX. LEGAL ASPECT OF FORGERY,
COUNTERFEITING AND FALSIFICATION –
(Pursuant to Title Four, Chapter One,
Revised Penal Code – Crimes against
Public Interests)
A. FOREGERIES – What are the crimes
called forgeries?
1. Forging the seal of the government,
signature or stamp of the chief
Executive (Art. 161).
2. Counterfeiting coins (Art. 163).
3. Mutilation of coins (Art. 164).
4. Forging treasury or bank notes of
other documents payable to bearer
(Art. 166).
5. Counterfeiting instruments not
payable to bearer (Art. 167).
6. Falsification of legislative
documents (Art. 172).
7. Falsification by public officer,
employee or notary or ecclesiastical
minister (Art. 171).
8. Falsification by private individuals
(Art. 172).
9. Falsification of Wireless, cable,
telegraph and telephone messages
(Art. 173).
10. Falsification of medical certificates,
certificates of merit of service (Art.
174).
B. ACTS PUNISHABLE UNDER ART. 161:
1. Forging the great seal of the
Government of the Philippines.
2. Forging the signature of the
President.
3. Forging the stamp of the President.
C. What are the crimes under
counterfeiting coins? They are:
1. Making and importing and uttering
false coins (Art. 163);
2. Mutilation of coins – importation
and utterance of mutilated coins (Art.
164); and
3. Selling of false or mutilated coin,
without connivance (Art. 165).
D. WHEN IS A COIN FALSE OR
COUNTERFEITED? A coin is false or
counterfeited, if it is forged or if it is not
authorized by the Government as
legal tender, regardless of its intrinsic
value. Counterfeiting means the
imitation of a legal or genuine coin. It
may contain more silver that the
ordinary coin. There is
counterfeiting when a spurious coin is
made. There must be an imitation of
the peculiar design of a genuine coin.
(U.S vs. Basco, 6 Phil. 110)
E. DEFINITION
1. “Import,” means to bring them
into port. The importation is complete
before entry at the Customs House.
(U.S s. Lyman, 26 Fed. Cas.1024)
2. “Utter,” means to pass
counterfeited coins. It includes their
delivery or the act of giving them
away. A counterfeited coin is uttered
when it is paid, when the offender is
caught counting the counterfeited
coins preparatory to the act of
delivering them, even though the
utterer may not obtain the gain.
IV. CHARACTERISTICS OF GENUINE
AND COUNTERFEIT PAPER NOTE/BILL
A. MAIN PRINT
B. PORTRAIT
1. Appears life-like 1. It appears dead
2. The eyes 2. The eyes do not
sparkle. sparkle.
3. The tiny dots 3. It appears
and lines blurred, dull,
(Vignette) forming smudgy and poorly
the details of the printed.
face; hair, etc. are 4. Hair is lifeless.
clear, sharp and 5. The face and/or
well defined. forehead are often
4. Each portrait naturally white or
stands out pale due to
distinctly from absence of most of discernible when inside. As a result
background. This the details viewed with the course or harsh
is noticeable 6. The concentric aid of transmitted and occasional
along the lines depicting the light. irregular lines &
shoulders. eyes often merged 4. The relif of the sometimes opaque
5. The into solid printed features can be areas are very
background is areas. felt by running the obvious.
composed of 7. The background finger on the
multi-colored fine often blends with design.
pattern of lines in the portrait and is D. METTALIC THREAD
varying tones and usually “scratchy.” 1. This is a special 1. Counterfeit by
shades interlacing 8. The lines are thread placed means of printing
with each other. thick with rough vertically on the on the back of the
These shadings or edges. paper during note, on the inner
toning are 9. The multicolored manufacture. side of the paper,
intricately printed prints on genuine 2. On the surface insertion of twin
in such a way that notes are of the paper where thread or simply
the contrast or extremely difficult this thread is folding the note
shifting of colors to duplicate and located are vertically where
creates the as a result, patterns of short the thread
impression of life & counterfeit notes vertical lines. appears on the
vividness to the are usually off- genuine bill.
notes. color & not of the E. COLORED FIBERS OR SECURITY FIBERS
right shade or
tone.
C. WATERMARK
1. The watermark 1. This is imitated by
underneath the printing white ink or
security lacework dry block on the
on the right hand finished paper.
of the note is the 2. Sometimes wax
same on the or other oily
colored portrait. medium is stamped
2. The design is to give
placed by means transparency to
of dandy roll the portion where
during the the designing
manufacture of appears.
the paper. 3. Printed outline is
3. Sharp details of placed on the
the outline or the inner sheet where
light & shadow merely a paper
effect are cutout is placed
 100.00 - Mauve Manuel A. Roxas
1. These fibers On counterfeit, this
50.00 - Red - Sergio
are scattered on is simulated by
Osmena
the surface of printed lines, can
20.00 –Orange Manuel L. Quezon
the paper (front not be picked off,
H. SERIAL NUMBERS
& back) at but can be easily
I. VIGNETTE
random & can erased with
J. CLEARNESS OF PRINT
be readily picked ordinary rubber or
The registry of In general, a spurious
off by means of by agitating with
the different not exhibits a Second
any pointed wet fingers.
printed hand look. It is dirty
instrument.
feature is due to the sputtering
2. The colors of
perfect. The of ink on the interior
these fibers are
lines are very area. Over-inked
red & blue
clear and areas are visible
F. LACEWORK DESIGN
sharp. There instantly. The shading
The geometric On counterfeit,
are no Burrs and ornamentations
pattern which these geometric
clinging to the of the letters & figure
looks like a patterns are often sides. are thick & usually
delicate lacework blurred, round on
merged.
along the border the edges &
V. EXAMINATION OF SUSPECTED
on both surfaces, blotch on the
COUNTERFEIT BANKNOTE.
embellishing the joints. Its continuity
1. As well as inspection under the
portraits, value could not be
ultraviolet light, the investigator
panel & vignettes traced. The color
should look at the banknote
are multicolored & appears faded.
with a hand lens.
composed of harp
2. He should pay particular
lines which are
attention to the quantity of the
continuous &
portrait in the bank note. This is
traceable even at
the one extremely fine detail of
the joints.
a good engraved plate.
G. COLOR OF EACH
3. The color of the ink should be
DENOMINATION
compared with the color of a
Genuine notes have
genuine banknote. It is very
polychrome background with one
difficult for counterfeiter to
predominant color for each
match exactly the same shade
denomination. You should know
of ink by a genuine
whose portrait is/are printed I each
manufacturer.
bill.1000.00 - Blue - Jose Abad
Santos, Josefa Llanes Escoda, Vicente
VI. CHARACTERISTICS OF U.S.
Lim
PAPER MONEY
500.00 - Yellow Benigno S.
A. TYPES:
Aquino & Cory Aquino
200.00 - Green (Dark in one side
and light in another side)
 1. Federal Reverse Note – STRIKING OR STAMPING is the making
with GREEN treasury seal of an impression of a coin or
and serial number. metal blank b pressure.
2. United States Note - with C. CHARACTERISTICS
RED treasury seal and 1. Genuine coins show an even
serial number. flow of metallic grains. The
3. Silver Certificate - with details of the profile, the seal of
BLUE treasury seal and the Republic of the
serial number. Philippines, letterings &
B. FEDERAL RESERVE NOTE – each numerals are of high relief, so
Federal Reserve Note also that it can be readily felt
carries a regional seal at the distinctly by running the fingers
left of the portrait on the face on these features. The
of the bill. beadings are regular & the
C. SALIENT FEATURES COMMON TO readings are deep & even.
ALL TYPES: Portrait every 2. Counterfeit coins feel greasy
denomination has the following: & appear slimy. The beading
$1 -Washington composed of tiny round dots
$50 - Grant surrounding the genuine
$2 - Jefferson coin appear irregular &
$100 - Franklin elongated depressions & are
$5 - Lincoln low & worm out due to the lack
$500 - McKinley of sharpness of details. The
$10 - Hamilton readings are uneven & show
$1000 - Cleveland signs of filing.
$20 - Jackson D. COUNTERFEIT METAL MONEY OR
$5000 - Madison COIN
VII. COINS Coin made of gold was to widely
A.DEFINITION – These are pieces of use but are not now often see.
metal stamped by government Government kept their gold in
authority, for use as money the form of heavy bars called
collectively referring to bullions and then issue papers
metal currency. for the value of gold. Metal
B.MAKING OF COINS coins issued nowadays are
CASTING = is the most common mostly in amount for less than
method of making gold coins. its face value. In most
Plaster molds bearing an image countries, the possession of
of gold coins are filled gold coins is now forbidden
(within a low temperature) with except for coin collectors.
alloy made with lead or tin. E. EXAMINATION OF COUNTERFEIT
Some molds are used for high COINS – should be examined by:
temperature metal such as 1. A magnifying lens and
copper or silver alloy. 2. Comparing it with a known
coin
 F. DEFECTS IN CAST COIN ARE
USUALLY CAUSED BY:
1. Formation of air bubbles, or
2. Removal of small parts of the
sole along with the coin.
The best place to examine
counterfeit coins is on the edge since
there are usually special milling marks
or designs which are added to a
genuine coin by machinery. He
intended. (Decision of the Supreme
court or Spain of Jan. 11, 1913; Jan. 04
1893; Nov. 12, 1888; and Dec. 24 1885)
Hence, damage to another is not
necessary.
3. “Mutilation” means to take
off part of the metal either by filing it
or substituting it for another metal of
inferior quality.
N.B. – The coin mutilated must
be genuine and has not been
withdrawn from circulation. The coin
must be of the legal
currency or current coins of the
Philippines. Therefore, if the coin
mutilated is legal tender of a foreign
country, it is not a crime of mutilation
under the Revised Penal code.
F. ACTS PENALIZED UNDER ART. 166:
1. Forging or falsification of
treasury or bank notes or other
documents payable to bearer.
2. Importation of such false or
forged obligations or notes.
3. Uttering of such false or forged
obligations or notes in
connivance with the forgers or
importers.
G.How “forging” and “falsification” are
committed (Art. 169)? Forging is
committed by giving to a treasury or
bank note or any instrument payable
to bearer or to order the appearance
of a true and genuine document; and
falsification is committed by erasing,
substituting, counterfeiting, or altering
by any means the figures, letters,
words, or signs contained therein.
H. Forgery includes falsification and
counterfeiting. With the definition
given in this article, the crime of
counterfeiting or forging treasury or
bank notes or other documents
payable to bearer or to order
includes: (1.) acts of counterfeiting
or forging or to order includes (2.) Acts
of falsification
I. Meaning of “obligation” or “security”
of the Philippines. The words
“obligation or security x xx of the
Philippine islands “shall be held to
mean all-
1. Bonds, 7.
Certificate of deposits
2. Certificates of indebtedness,
8. Bills,
3. National bank notes,
9. Checks
4. Coupons,
10. Drafts for money, and
5. Treasury notes, 11.
Other representatives of value
issued under any Act of Congress.
6. Fractional notes,
J. Reason for punishing forgery –
Forgery of currency is punished so as
to maintain the integrity of the
currency and thus insure the credit
standing of the government and
prevent the imposition on the public
and the government of worthless
notes or obligations.
K.ACTS OF FALSIFICATION (Art. 171 &
172)
1. Counterfeiting or imitating any
handwriting, signature, or rubric;
2. Causing it to appear that persons
have participated in any act or
 proceeding when they did not in
fact so participate;
3. Attributing to persons who have
participated in an act or
proceeding statements other
than those in fact made by them;
4. Making untruthful statements in a
narration of facts;
5. Altering true dates;
6. Making any alteration or
intercalation in a genuine
document which changes its
meaning;
7. Issuing in an authenticated form
a document purporting to be a
copy of an original document
when no such original exists, or
including in such copy a
statement contrary to, or different
from, that of the genuine original;
or
8. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry, or
official book.
L. Must there be a genuine document
in falsification? In falsification by –
1. Making alteration or
intercalation or
2. Including in a copy different
statement, there must be a
genuine document that is
falsified.
Thus, in paragraph 6, 7, in its
second part, and 8 of Art. 171, the law
requires that there be in genuine
document where the intercalation or
alteration
M. Documents is made maychanging its
be simulated or
meaning. In the other paragraphs of
fabricated.
Art. 171,1.falsification may be
In falsification of committed
a public
by simulatingthe or fabricating
document, falsificationaneed not
document.
be made on an official form. It is
sufficient that the document is given
the appearance of, or made to
appear similar to, the official form.
(People vs. Tupasi, C.A., G.R. No. 290-
292, March 22, 1937)
3. The simulation of public,
official or mercantile document is also
contemplated in falsification of those
documents (People vs. David, C.A.,
G.R. No. 44368, Nov. 27, 1936)
N.Requisites of counterfeiting of
signature (Art. 171) – Imitation of
another’s signature need not be
perfect. It is necessary only;
(1.) That there be an intent to
imitate, or an attempt to imitate, and
(2.) That the two signatures or
handwritings, the genuine and the
forged, bear some resemblance to
each other. (U.S. vs. Rampas, 26 Phil.
189)
O. THERE MUST BE AN INTENT OR
ATTEMPT TO IMITATE – The attempt or
intent to imitate may
be shown by a comparison of the
handwriting or signature on the
document alleged to have been
counterfeited. If there is
sufficient resemblance between the
genuine and the forged signatures, it
can be concluded that the
accused had the intention and
attempted to imitate the signature of
the offended party
(U.S. vs. Rampas, supra).
P. THE FORGED AND THE GENUINE
SIGNATURES OR HANDWRITINGS MUST
BEAR SOME RESEMBLANCE TO EACH
OTHER.
1. The resemblance must be such
that it is likely to deceive an
ordinary person receiving or
dealing with the document
(U.S. vs. Rampas, supra
 2. Thus, it has been held that the
fact of imitating a person’s
signature on a check in such a
way that the same, when
presented for collection “might
have passed in the rush of
business, “although the
handwriting is a little bit
different, constitutes
falsification (U.S. vs. Litonjua,
4Phil. 485).
Q.WHEN ANY OF THE REQUISITES OF
COUNTERFEITING IS NOT PRESENT. If
there is no attempt whatsoever by the
accused to imitate the signatures of
other persons so that they are entirely
unlike the genuine signatures of those
persons, the accused may be found
guilty under paragraph 2, Art.
171, in causing it to appear that
those persons have participated in the
act when they did not in fact so
participate (U.S. vs. Friemuth, 3 Phil.
318; U.S vs. Cinco, et al., 42 Phil. 839;
people vs. Liave, C.A. 40 O.G. 1908)
R. IMITATING – (feigning) – The
Spanish text of Art. 171 use
“fingiendo” (for imitation). In
feigning, there is no original
signature, handwriting or rubric
that does not exist. To feign
means to represent by a false
appearance; to give a mental
existence to; to imagine.
I. DEFINITION OF TERMS
A. ANACHRONISM – It refers to
something wrong in time and in
place. This means that the
forger has trouble matching
the paper, ink, or writing
materials to the exact date it
was supposed to have been
written.
B. PAPER – These are sheets of
interlaced fibers – usually
cellulose fibers from plants, but
sometimes from Cloth rags or
other fibrous materials that is
formed by pulping the fibers
and causing to felt, or mat, to
form a solid surface.
C. WATERMARK – Certain papers are
marked with a translucent
design, a watermarks
impressed in them during the
curse of their manufacture.
D. WRITING MATERIALS – Any
material used primarily for
writing or recording such as
papers, cardboard, board
papers, Morocco paper, etc.
II.WRITING MATERIALS IN QUESTIONED
DOCUMENTS – The common
(probable) questioned on
paper is its age, whether the
actual age of the paper
corresponds with the alleged
date of preparation of the
questioned document.
III.HISTORICAL DEVELOPMENT – The
evolution of writing materials
culminated in the
development of paper. The
oldest written records still
surviving are the Sumerian clay
tablets dating back from the 4th
millennium B.C.
A. PAPYRUS – This came into use about
3,500 B.C. – people of Egypt.
Palestine, Syria, and Southern
Europe used the pith (soft
spongy tissue of the stem) of
the sedge (grass-like herb)
CYPERUS PAPYRUS to make a
writing material known as
PAPYRUS.
B. PARCHMENT – writing material
made from skin of animals
primarily of sheep, calves or
goats – was probably
developed in the Middle East
more or less
contemporaneously with
papyrus. It came into wide use
only in the 2nd century B.C. in
the city of PERGAMUM in
ANATOLIA.
C. VELLUM – writing materials from fine
skins from young calves or kids
and the term (name) was often
used for all kind of parchment
manuscripts, it became the
most important writing material
for bookmaking, while
parchment continued for
special manuscripts. Almost
every portable surface that
would retain the marks of brush
or pen was also used as a
writing material during the early
period.
FORENSIC PHOTOGRAPHY
CHAPTER 1: HISTORICAL
DEVELOPMENT
Introduction
Photography of contemporary
society is a science itself and an art,
an analysis and documentation
methods, artistic vocation, and
different kinds of applied activity. In
modern scientific crime detection,
photography is, indeed, an excellent
aid of the investigator. It was the
consequences of the observation
made by chemists, Physicist and
scientists.
However, the basis of modern
photography was introduced in 1839
by Fox Talbot. The photographs of
criminals were used to supplement the
Bertillon system of personal
identification. Presently, the
application of photography in Law
enforcement is of vital importance.
The outmost used of it is for record
purposes. Photography can preserved
all perishable evidence.
Historical Development
Long before the first
photographs were made, Chinese
philosopher Mo Di and Greek
mathematicians Aristotle and Euclid
described a pinhole camera in the 5th
and 4th centuries BC. In the 6th
century AD, Byzantine mathematician
Anthemius of Tralles used a type of
camera obscura in his experiments,
Bin al-Haytham—Alhazen-965–1040,
studied the camera obscura and
pinhole camera.
Photography as a usable
process goes back to the 1820s with
the development of chemical
photography. The first permanent
photo-etching was an image
produced in 1822 by the French
inventor Nicéphore Niépce, but it was
destroyed by a later attempt to
duplicate it. Niépce was successful
again in 1825. He made the first
permanent photograph from nature
with a camera obscura in 1826.
However, because the
photographs took so long to expose—
eight hours, he sought to find a new
process. Working in conjunction with
Louis Daguerre, they experimented
with silver compounds based on a
Johann Heinrich Schultz discovery in
1816 that a silver and chalk mixture
darkens when exposed to light.
In 1884, George Eastman
developed the technology of film to
replace photographic plates, leading
to the technology used by film
cameras today. In 1908 Gabriel
Lippmann won the Nobel Laureate in
Physics for his method of reproducing
colours photographically based on
the phenomenon of interference, also
known as the Lippmann plate.
What is Police Photography?
PHOTOGRAPHY is defined as the
art or process of producing images of
object upon a surface sensitive to the
chemical action of light. Going along
the definition given, the image or
objects will not be produced as seen
by the naked eye. The resulting
photographic image will be a shadow
and not permanent. Elements of
photography must be present to
produce a photograph. Light
reflected by the subject or objects
must affects the sensitized materials
and all other lights must be excluded.
Placing the sensitized material inside
the camera can exclude all other
lights.
CHAPTER 2: FORENSIC LIGHT
SOURCE
Introduction
Light is the subject matter
discussed by physicists and chemist,
wherein agreement as to the nature
of light is still vague? Dutch Physicist,
Hughens had proposed the wave
theory, based on the transmission of
motion along the surface of water.
The wave theory was later opposed
by the theory that light exert its effects
through the motion of a very small
particles, which has been modified or
replaced by the explanations of
Maxwell and Hertz based on
Electromagnetic.
Speed of Light
The speed of light is always
constant. The average speed of light is
186,000 miles per second. However,
the wave length of the rays of light
may vary considerably. Light must be
regarded in broad sense, as including
not only what apparent to the naked
eye, but all energy radiated in the
form of electromagnetic vibration
must also be considered without
unnecessary complication of the
matters. Then it may be said that said
vibration are usually defined by their
wave length.
Wave Length
On 1666, Isaac Newton proved
that the light men see as white is a
mixture of all colors of the spectrum.
When he passed a beam of sunlight
thought a glass prism, it produces the
rainbow array of hues of the visible
spectrum. The color from top to
bottom is red, orange, yellow, green,
blue and violet. The wave length of
the visible le spectrum is from 400 to
700 millimicrons. One millimicron is
equivalent to one millionth part of a
millimeter.
Light that cannot be detected
by the naked eye is the invisible
spectrum. The left region of the visible
light is called the ultra violet region;
the wave of length of it is from 400 to
200 millimicrons. The right region of the
visible light is called the infra red
region which is too long in wave
length to excite the retina of the eye.
Ti is detected by the skin as heat.
Visible Light
The range of the visible light
produces different sensation when
they strike the human eye. Colors of
different objects are usually mixture of
light of various wave lengths and not
a special color. The wave length of
the visible light is from 400 to 700
millimicrons which will produce white
light. When light falls on any material,
these things occur, i.e., the light is
reflected; the light is absorbed, and
the light is transmitted.
Ultra Violet Light
The ultra violet light is divided
into the near and far ultraviolet and
ranges from about 30 to 400
millimicrons wave length. This ray of
light is invisible like the infrared rays.
The position of the ultra violet region
falls between the shortest rays visible
to the human eye and the x ray
region of longest wave length. The
reaction of the constituents under
ultraviolet light is the underlying notion
in ultraviolet photography.
Some constituents give up
energy in the form of visible light that
produces a fluorescence effect. Other
constituents only changed in color on
its application. These differences in
reaction of substances help to a great
extent in distinguishing one substance
from another
Infrared Light
Infrared lights are lights having a
wave length greater than 700
millimicrons. Its wave length ranges
from 700 to 1000 millimicrons. Infrared
is not a color or any kind of red. It is
invisible rays. As already stated herein,
the infrared is detected by the human
skin as heat. It is so called infrared
because they adjoin the red
spectrum. Infra-red means below the
red. These rays of light although
invisible is important in law
enforcement photography because it
permits results to be obtained which
are not possible with only invisible
infrared region of the spectrum when
strikes by blue-green light.
X-Rays
X-rays are electromagnetic
energy having a wave length that
ranges between 01 to 30 millimicrons.
Objects which are opaque as seen by
the naked eye can be penetrated by
x-rays to produce a shadow
photograph of one internal structure
of solid objects, x-rays is suitable.
Sources of Light
There are two sources of light,
they are known as the natural and
artificial. Natural lights are lights which
come to existence without the
intervention of man and artificial lights
are lights which are man-made light.
In photography, natural light is used
for outdoor photography and artificial
light are utilize in indoor photography
to augment the adverse lighting
condition.
Natural Light
The source of all daylight is the
sun. The combination of color and
contrast ascertains the quality of the
day light. The lighting contrast
depends upon the sunlight available
in the daylight, when the sun is not
covered by clouds. Then the contrast
is high, contrary if the sun is covered
by the clouds the contrast is low. In
the process of photographing an
object, the lighting contrast must be
considered in the exposure of the film.
Some of the factors affecting
the color of the day light are;
atmospheric vapor, atmospheric dust
and reflected light reached the
objects and not directly coming from
the source. Daylight may be classified
according to its intensity, i.e., bright
sunlight, hazy sunlight and dull sunlight.
These are modified by the film
manufacturer like as—open space
bright sunlight, under shade bright
sunlight, hazy sunlight, cloudy bright
sunlight, and cloudy dull sunlight.
Classification of Lights
To distinguish this classification of
daylight according to its intensity, the
appearance of the shadows must be
considered, as follows:
1. Bright Sunlight
The subject will produced strong
shadows, because the source of light
is not covered and the objects or
subjects appear glossy in open space
due to direct sunlight and reflected
lights coming from the sky which act
as a reflector.
2. Dull Sunlight
The sun is totally covered by
thick clouds. No shadows are cast,
due to the uniform illumination of lights
all around the subjects in open
space.
3. Hazy Sunlight
The sun is covered by the light
clouds and the shadow appears
bluish because of the decrease of
light falling on the subjects in open
space. The shadow cast is transparent
to the eye and more details are visible
under these lighting conditions than in
bright sunlight.
Artificial Light Sources
Almost all artificial light sources
can be used in photographing of
objects, nevertheless, artificial light
commonly used in photography are
the following:
1. Photoflood Lamp = Also known as
reflectorized light or spot light. This is
so, because, this type of lamp need a
reflector to focused the light on the
subjects. It can be a bulb with a built
in reflector or bulb which need a
reflector. The life span of this bulb is
seven to eight hours when it is being
used intermittently.
2. Flash Bulbs = this is chemical lamps
as it generates lights by the rapid
combustion of metal in oxygen. The
bulb can be used only once as the
bulb busted when fired electrically.
There are thin filaments inside the bulb
with two electrical contacts, when the
current flows through the filament, it
becomes incandescent and ignites
the explosive primer that ignites the
aluminum foil that burns, giving a flash
of intense light.
3. Electronic Flash = Produces light by
an instantaneous electrical discharge
between two electrodes in gas filled
glass bulbs. The electrical energy for
the discharge is kept in capacitor or
condenser.
4. Fluorescent Lamps = this is tube
lamps wherein the walls are coated
by materials capable of fluorescence.
Both end has a terminal and
commonly mounted into a holder that
serves as the reflector. This type of
lamps is commonly used, and not
merely in photography.
5. Infrared Lamp = this is a special type
of artificial light that is capable of
producing infrared radiation. Flash
bulbs designed to give a high intensity
of infrared light was made and can
be used conveniently with a flash gun.
This type of bulb is useful in
photographing the objects or subjects
at dark places.
6. Ultraviolet Lamp = is a gas lamp
burning disulphide vapor in oxygen or
in nitric oxide. It was followed by
several lamps designed to produce
ultraviolet radiation, light, the mercury
vapor light, the electric discharge
lamps and the commercial lamps.
This type of bulb is common to all
people as black light.
7. HandScope Xenon FLS HSX-5000 =
The Handscope Xenon is a new
Forensic Light Source that combines
the versatility of multiple wavelengths
with the convenience of battery
power. It features more intensity than
other battery powered alternate light
sources and a larger, more highly
defined, focusable spot size.
8. Mini-Crime Scope MCS-400, a
compact, portable and rugged UV-
visible tunable light source with 400W
metal halide lamp. The system
includes a 2 meter liquid light guide.
The Mini-CrimeScope provides
multiple wave length and the easiest
way to switch them. Multiple
wavelengths are critical in rejecting
background fluorescence.
CHAPTER 3: PHOTO-FILM & 1.
PAPERS
What is Film?
Film contains minute grains of
silver halide suspended in animal
gelatin and coated on celluloid
material. It has two parts, the emulsion
and the base. Actually, there are four
various layers of film they are: the thin
coat of animal gelatin, the emulsion,
the base, and the anti-halation
backing. To protect the emulsion from
abrasion, the thin coat of clear gelatin
is essential, the anti-halation backing is
necessary to prevent halation and the
base as the support of the emulsion.
Films are classified according to
its form and types. Basically films that
are available in the markets today are
in various forms. It can be in rolls, in
cartridges and cut sheets. Light
sensitively of the film can be
ascertained thru its various types. The
film can either be a fast sensitive
material or slow sensitive material. It
can be sensitive to all colors or
especially prepared for certain use or
purpose.
Light sensitivity of the film is also
known as the speed of the film. Such
speed of the film is determined thru its
ASA or DIN numbers given by the film
manufacturers. The literal meaning of
ASA is American Standard and
Association and the DIN is German
Industrial Standard. The former express
the speed in numbers thru arithmetic
system and the later thru logarithmic
system.
Types of Films
Enumerated and discussed hereunder
are the different types of films:
Fast Speed Film = It contains
numerous numbers of large grains of
silver halide that usually develop in
group. When the available light is dim,
this type of film is the best choice
because of the low reflecting power
of the subject against a reflecting
background low in contrast but high in
brightness. However, the use of fast
speed film is not advisable due to its
graininess result in the photographs.
2. Panchromatic Film= It is
sensitive to all colors, especially to
blue and violet. It is suitable for
general use in the preparation of
black and white photographs. There
are three classes of panchromatic
film, they are: process panchromatic
film, fine grain panchromatic film, and
high speed panchromatic film. The
process panchromatic film is low in
speed and high in contrast.
Fine grain panchromatic film
permits short exposures under average
lighting condition and has the
advantage of fine grain structure.
High speed panchromatic film was
designed originally intended for
photographing an object or subjects
under adverse lighting condition.
Contrast of the panchromatic film
usually varies with of the light, and
proper contrast in photograph can be
attained with the use of filters.
3. Infrared Film = It is a special
type of film which is sensitive to
infrared radiation. It is also sensitive to
violet and blue-green. Although the
infrared film is sensitive to blue, such
blue color can exclude by a red
filter that transmit red and infrared
radiation.
4. Color Film = It is a mixture of the
three basic color of the visible
spectrum. The hue dyes are coated to
the emulsion of the film and each hue
is separated by the secondary colors
that will absorb the unwanted primary
colors. In between the blue and green
hues yellow gelatin is placed so that
the blue rays of light would not affect
the green hue and in between the
green and the red dye, magenta
gelatin is placed so that the green
rays of light would not affect the red
hue dye of the emulsions.
5. Orthochromatic Film = This Film
which is sensitive to all colors except
red, and this type of film is popular in
the market as the Kodalith film.
6. X- Ray Film = It is a material which
is sensitive to x-ray region of the
electromagnetic spectrum.
7. Blue Sensitive Film = It is a film
specially treated that makes it more
sensitive to blue rays of light.
Sensitized Papers
The result of photography in its
final form is a photograph. The
materials necessary to produce a
positive print is a sensitized paper. Its
emulsion is coated to opaque
materials like paper. In the
preparation of photographic paper,
there are three important factors to
be considered, i.e., the type of
emulsion, the contrast rays, and the
physical characteristics. Each type of
emulsion has its own substances and
uses in the preparation of
photographs.
The types of emulsion are as
follows, i.e., silver chloride emulsion,
silver bromide emulsions, and silver
chlorobromide emulsion. The emulsion
that contains silver bromide is known
as the silver bromide papers. Light
sensitivity of this type of emulsion is
faster than the silver chloride papers.
These photographic papers are use
for projection printing or enlarging
process, wherein the image of the
negatives is projected or enlarged. If
properly developed the silver bromide
paper will give a black tones.
That papers that contain silver
chloride in their emulsion is called silver
chloride paper. It’s sensitivity to light
be low and commonly use in contact
printing. Generally the size of the
positive print is the same as the size of
the negative used and usually, it will
give blue black tones if properly
developed. The combination of the
two types of emulsion is called silver
chlorobromide papers. Its sensitivity to
light is either slow or fast.
The slow emulsion is use for
projection printing. The contrast range
of photographic paper is classified by
the manufacturers of the film
according to their own ideas. They
produce different photographic
papers intended for the specific
contrast of the negative to be printed.
Generally, these contrast ranges are
classified into four, i.e., low contrast,
normal and medium contrast, hard
contrast, and very hard or extra hard
contrast
The low contrast paper is usually
suitable to very contrasts negative to
produce a normal print or photograph
on the other hand, the high or hard
contrast paper is suitable to a very low
contrast negative to compensate for
lack of brilliance and produce a
normal print or photographs.
Photographic papers are made with
different characteristics. They are the
combination of thickness, textures and
finish. The texture may be smooth,
rough or linen.
Its finish may be glossy in a very
smooth surface texture. Other types of
textures may produce a matt or semi-
glossy finish in rough or linen texture.
The paper base of the photographic
paper may be either white or tinted.
Its weigh or thickness may be either
light-weight or single-weight or double
weight. The choice of photographic
papers for printing will depend upon
the purpose of the photographs to be
made. Black and white objects are
usually printed in a white base
photographic paper.
Exposure of Sensitized Materials
Exposures means the range of
illumination or the light is allowed to
affect the sensitized materials at a
given time. The amount of light that
affects the sensitized materials can be
controlled by the lens aperture or lens
opening and duration of illumination
can be controlled by the shutter
speed of the camera. The rays of light
reach the emulsion of the sensitized
materials, a number of silver halides
sensitive to light are affected and
produce latent image. This image can
only be visible after development.
Exposures Factors
These factors are considered in
the exposure of the sensitized
materials so as to produce a good
photograph. Any alterations in the
illumination caused by external
conditions, like the use of filter, artificial
light, color of the subjects and others,
introduces factors that will affect the
exposure of the sensitized materials.
CHAPTER4: CAMERA &
ACCESSORIES
Definition of CAMERA = may be
define as a light tight box, with a
means of forming the image—lens,
with a means of holding sensitized
material—film holder, and with a
means of controlling the amount of
light that will reach the film. It is a
device use in the photographing of
objects

Essential Parts of Camera
Enumerated and briefly discussed
hereunder are the essential parts of a
camera:
1. Light Tight Box = this part of the
camera is very essential because of its
capability to exclude all unwanted
light that might expose the sensitized
material or film. It is an enclosure that
devoid light.
2. Lens = the lens is the one responsible
in focusing the rays of light coming
from the subject. It is the most essential
part of any cameras. Without this lens,
the sharpness of the image formed on
the film would be impossible. The
diaphragm, the bigger amount of light
will pass thru the lens.
3. Film Holder = the film holder holds
the film firmly inside the camera. It is
always located at the opposite side of
the lens of any camera.
4. Shutter = the shutter served as the
barrier of the rays of light that will
enter and affect the film inside the
camera. It is usually placed at the
path of the light passing thru the lens.
Other Parts of Camera
Aside from those essentials of
the camera, there are other parts of
any camera which are necessary in
photographing an object. They are as
follows:
1. Viewing System = the viewer of any
cameras will show the entire scene
coverage that can be recorded in the
film inside the camera. It is usually
attached on top or side of the
camera or the viewer is the taking lens
itself when the camera is a single lens
reflex type.
2. Film Advancer = the film advancer
of the camera is necessary so that
exposed film can be wind or
transferred to the take up spool and
the unexposed film will be on the
opposite side of the lens for another
exposure.
3. Shutter Speed = the shutter speed
will control the duration between the
opening and the closing of the
shutter. It will regulate the quantity of
light that will reach and affect the film
inside the camera
4. Lens Aperture = the ratio between
the diameter and the focal length of
the lens is called lens aperture. It is the
light gathering power of the lens. The
rays of light passing thru the lens
aperture can be controlled by its
opening
5. Focusing Mechanism = the
sharpness or clearness of the objects
being photograph will depend upon
the focusing system of the camera.
This mechanism will estimate the
object distance from the camera and
formed a sharp or clear images in the
photographs.
Major Types of Camera
There are so many models of
cameras available in the commercial
market today, but the types of
cameras can be classified according
to the viewing system, namely:
1. View Finder Type = It is the smallest
and simplest type of camera is the
view finder camera. Its view finder
framed the objects that will be
recorded on the film. Usually it is made
of a simple lens located at the
peephole of the camera. Very often
the focusing system of this type of
camera is in the view finder itself.
Otherwise, the camera is fixed focus
one.
2. Single Lens Reflex Type = the best
way to determine the entire coverage
of the camera is to look directly
behind the lens of the camera. In this
manner, the objects can be framed
properly and recorded on the
film. Out of this solution a single lens
reflex type of camera comes to
existence. With a mirror behind
the taking lens, the image of the
objects is reflected to the viewer and
it enables the photographer to
compose and focus the objects being
photograph. This type of camera will
eliminate the parallax error and it will
work well with all lenses.
Nevertheless, the single lens reflex
type is more complex and liable to
break down due to the mirror which
gives way every time an exposure is
made. It is difficult to focus especially
under dim light conditions.
3. Twin lens Reflex Type = basically, the
twin lens reflex camera has two lenses,
one for the viewing and focusing of
the objects, and other is the taking
lens. In this type of camera the image
being photograph can be seen in flat
surface as reflected by the mirror
behind the viewing lens. The viewing
screen will help the photographer in
the accurate composition of the
object to be photograph as he looks
into the camera at his waist level.
Again the principal problem on this
type of camera is parallax error
especially when a close –up lens is
used.
4. View or Press Camera Type = the
biggest and the most sophisticated
among the different type of cameras
is the view or press camera. This type
of camera is practically useless for
candid or action photography.
However this type of camera is very
useful in forensic law enforcement
and police photography especially in
the reproduction of document and in
photomicrography. Minute objects
can be enlarged and composed
accurately in the large viewing screen
of this type of camera. Since this
camera is bulky, a tripod is necessary.
It will require a black cloth before the
photographer can focus the image
directly on the viewing screen.
Camera Accessories
There are several camera
accessories which are being utilized in
the photographing of an object. The
selection of the camera accessories
will depend on several factors, like the
nature of the objects, kinds of
sensitized materials, the light sources,
and others. Enumerated and
discussed hereunder enumerated as
the camera accessories, as follows:
1. Tripod = It is a triple leg device
which is adjustable to any reasonable
extension. This can be used in holding
the camera when the camera is bulky
or when using a shutter speed lower
than one twenty five of a second to
prevent the movement that will
produce a blur images in the
photographs.
2. Cable Release = this is attached to
the shutter release of the camera and
use in releasing the shutter to prevent
accidental movement of the camera
during the exposure period especially
when longer exposure is
made.Generally attached to a
camera atop a tripod, a cable
release consists of a wire,
extending from the camera that
has a button trigger at the end of it.
3. Flash Units = the flash bulbs or
electronic flash will be synchronized
with the opening and closing of the
shutter. This is very effective to
augment the adverse lighting
condition of the objects being
photograph. Also, with the use of
these accessories the motion of the
subject can be arrested.
4. Light Meter = It is a device use in
determining the intensity of light that
strike the subjects and affect the film.
Typically a light meter will include a
computer, either digital or analog,
which allows to determine
which shutterspeed and number shoul
d be selected for an optimum
exposure, given a certain lighting
situation and film speed. The light
meter can be classified as follows:
a. Extinction Meter =
the reflected light from the shadow as
seen by the naked eye is estimated or
calculated by direct observation of
the photographer. This is also called
design of exposure meter which
measures a test source reducing its
brightness using a calibrated
mechanism until it matches a
standard light or patch in the
instrument.
b. Photo electric
Meter = It is the most dependable
device that will measure the
brightness of light. It is pointed
toward the subjects to be photograph
and converted the light collected into
electric energy that makes the needle
of the meter to move across its scale.
The reading is taken and the
conversion table gives the proper
exposure.
5. Extension Tube = A device use in
photographing a minute objects. It is
attached to the lens board of the
camera and the lens is attached to it
when close-up photographing is
necessary.
6. Filter = It is a transparent medium
which transmit and absorbs different
wave length of lights. They are usually
made of glass or gelatin material
placed in front or behind of the
camera lens. The filter will correct
and control the rays of light that will
produce a good color or black and
white photographs.
7. Camera Grip = It is a device used to
hold firmly the camera so as to
prevent the vibration or movement of
the camera during the exposure
period. It is usually attached to the
body of the camera and sometimes
the flash unit is attached to it.
8. Lens Hood = It is a device used to
eliminate some refection of light which
might destroys the image cast by the
objects, especially, when the light is
coming from the top or side portions
of the camera. It is usually mounted in
front of the lens barrel.
Types of Filters
There are several filters made or
manufactured for this purpose,
however, they are classified into five,
namely: contrast, correction, haze,
sky, and polarizing filters. Very
common, the neutral density filter is
used in excessively bright light and it
would also protect the camera lens
from accidental scratches or
abrasions.
Control on Camera
 Three important controls in a
camera to be manipulated and
adjusted to its proper setting are as
follows:
1. Focusing Control = It is the most
important control on a camera is the
focusing control. Focus is the means
by which the object distance is
estimated or calculated to form sharp
or clear images. There are three types
of focusing devises of the camera, as
follows, namely; the range finder type,
the ground glass type, and the scale
bed type.
In the scale bed type of
focusing control, the focusing
mechanism of the camera can be
adjusted by means of estimation or
calculation of the objects distance
and the camera. Here, photograph
and then, he will set the focusing
control of the camera based on his
estimation. If the one taking the
photographed has estimated the
distance of the object and the
camera as 10 feet, then the setting of
the focusing control will be 10 feet. In
this particular system of control, the
camera manufacturers gave an
allowable error of plus and minus five
feet of the estimated distance.
2. Shutter Speed Control = The length
of time that the rays of light will reach
and affect the sensitized material—
film can be controlled by the shutter
speed control of the camera. There
are several factors to be considered in
using this control. Some of these
factors are; the light sensitivity of the
film which are determine thru its ASA
numbers, the motion of the subjects
on different angles, the purpose of
the photographs to be taken and
others. Based on this factor, the
photographer must set the shutter
speed control the camera before
photographing an object, and usually
the film manufacturer gave the
exposure guide for every particular
film. Said guide must be followed by
the photographers in their
photographing, otherwise the result of
the negative after development is
either overexposed or underexposed
or doubled image object will appear.
There are two types of shutter on any
adjustable cameras, the leaf shutter
and the focal plane shutter. The
former is made of small overlapping
metal blades powered by a spring
and generally placed either in
between the lens known as central
plane shutter or after the lens of the
camera. The latter is made of a black
cloth or small sheet of metal which is
also powered by spring and generally
found in the film plane of the camera.
It is also known as before the film
shutter. When the shutter release is
pushed or pressed, these shutters
open and closed again in a preset of
time made in the shutter speed of the
camera. The direction of the leaf
shutter when it opens is from the
center to the circumference of the
lens and return afterwards to its former
position. On the other hand, the
movement of the focal plane shutter is
from the side of the focal plane it
moves to the other side.
Usually, the permissible shutter
speed of a lens is up to one over five
hundred of a second while the focal
plane shutter is up to one over one
thousand of a second. In some
models of camera, they are even
faster. There are several
disadvantages of the focal plane
shutter. It is slightly noisier than a leaf
shutter, objects moving across the film
plane maybe distorted and it cannot
be used in electronic flash when
speed is higher than 1/125 per
second.
3. Diaphragm Control = The
diaphragm control, work like a pupil of
the eye. It may be enlarged or
contracted. If it is enlarged it allows
more lights to enter, on the contrary,
when it is contracted or small, it
allows lesser light to enter. The
adjustment is done by moving the ring
of the diaphragm towards the desired
size of opening. It is generally
represented by numbers known as the
f-stop.
In every movement, the f
number will stop to indicate that the
diaphragms set to that numbers. Very
common, these numbers are found on
the ring outside the lens barrel. The
common f-number or f- stop
observable today is from f# 1.2 which
is the widest up to f # 22 which is the
smallest. As the diaphragm opening is
change from f# 1.2 up to f# 22, the
opening of the lens will change from
widest to smallest. In most cameras,
especially the ground glass types of
camera, depth of field is noticeable
on the viewing screen, the objects will
appear sharp as the lens opening
changes from its widest to the
smallest. Other camera lenses
incorporate a depth of field scale
around lens barrel. This scale appear
as pair of numbers and when the
lens is focused at a given distance, it
will indicate the area covered by its
depth of field that will produced the
zone of sharp focusing. The used of
the depth of field is very necessary
especially, when there is no sufficient
time of focusing the objects to be
photographed.
4. Shutter Speed and F-Numbers
Basically, the shutter and f-numbers
are both controlling system of the rays
of light that enters, reached and
affects the film inside the camera.
However, their effects in making
photographs are different. In the
photographing of objects, the
photographer can select any
combination of shutter speed and f-
numbers that will give the right
amount of light needed to normally
exposed the film. As the shutter speed
increases, the f-numbers decreases,
for instance, the same amount of light
will be admitted by f# 16 at one
second and f# 11 at one half of a
second. Using the proper
combination of the f-stop and shutter
speed number will be dependent on
the light sensitivity of the film, the
purpose of the photographs, motions
of the objects being photographed
and the lighting conditions prevailing
during the photographing.
In some sophisticated cameras,
control over exposure has been totally
automated. A computer set the f-stop
and the shutter speed after the ASA
rating of the film has been properly set
in the camera. The built in meter of
the camera will provide the proper
illumination of lighted that will affect
the film. This type of automation is
either the shutter priority automation
or the diaphragm priority automation.
CHAPTER5: OPTICAL-LENS &
FILTERS
Pinhole Lens
 Rays of light reflecting from an
object cannot produce an image on
a flat surface without a barrier with a
small hole. Not all but a few rays of
light are allowed by the barrier to get
through, traveling straight from the
object that will make the images. The
few rays of light that passes through
the small hole of the barrier will
produce an inverted image of the
objects on the opposite side of the
barrier.
Actually such phenomenon can
be observed only in a darkroom. The
image making ability of the pinhole
had been used in the camera
obscura. It is a darkened room whose
only light source is a small hole or
pinhole in one wall and on the
opposite wall appears an image of
the object outside, formed by the light
rays coming from the hole.
Camera Lens
Daniel Barbaro is the one who
introduces the used of the lens in the
camera. He made a large opening on
his camera obscura and fitted into it a
convex lens taken from the spectacles
of a far sighted old man. The
projected image on the camera
obscura is so superior than previous
image projected by each pinhole. The
color on the objects, its backgrounds
and almost everything appeared
clearly on the opposite side of the
lens. This discovery of Barbaro, proved
the significant of the lens in formation
of an image or an object.
As it admits enough light that
reached and affect the film inside the
camera. The present modern lenses
are based on the convex lens which
can collect a large number of light
rays from a single point of an object
and refract or bend them toward
each other so that it converge at a
single point. The point of convergence
is called the focal point and the
vertical surface where it falls is called
the focal plane.
The film inside the camera will
record a series of tiny image formed
by an infinite number of converge or
focus rays of light. Such image formed
is a latent image and still temporary
until the development process is over,
that will make this image permanent
which is called the negative. Lenses
are classified according to the type of
image they produce. It can be a
positive lens or converging lens and a
negative lens or diverging lens.
Types of Lens
Enumerated and briefly
discussed hereunder the different
types of lens, as follows:
1. Positive Lens - It is a convex lens,
which is characterized by the fact that
it is thicker on the middle than the
edge and formed a real image on the
opposite side of the lens. It has a
positive focal length and bends the
light rays together which make it as a
converging lens. In using this type of
lens, it will require a proper distance
between the object and the lens,
otherwise, the image that will
produced will blurred or fuzzy.
Focusing on this type of lens can be
done by moving the lens nearer or
farther from the objects until the zone
of best definition is attained.
2. Negative Lens - It is a concave lens,
which is characterized by the fact that
it is thinner on the middle of the edge,
then formed a virtual image on the
same side of the lens. It does not
require focusing at all as everything
will be sharp, upright and clear, no
matter how close or far away the
object is. It is also known as a
diverging lens because of its power to
diverge rays of light that passes
through it. Practically, this type of
lens is exactly what is needed in the
viewing mechanism of a view finder
type of camera. It produces a
clear image for the eye, if not for the
film.
Therefore, a camera uses a
positive lens that will served as the
camera lens and a negative lens that
will served as the camera
viewfinder. The truth of the matter on
this regards can be verified by putting
the camera lens to your eye and
you have an instant sharp view of the
scene in front of the person making
taking the photograph.
Classifications of Lens Aberration
Basically, there is no lens which
is perfect in every respect.
Manufacturer tries to find the best
component of lenses that will produce
sharp and good images. There are
aberrations in the performance of lens
that cause defects in photographs, as
follows:
1. Astigmatism - It is the failure of a
lens to produce a point image of an
object point. Where the lens surface is
not balance in shape or position with
respect to the principal axis of the
lens, this aberration occurs. For
instance if the surface is spherical and
the rays of light from the object point
passes through the lens very obliquely.
Decreasing the size of the lens
opening will minimize the astigmatism
defects of the lens.
2. Chromatic Aberrations - It is the
failure of the lens to focus all the visible
rays. The lens refracts rays of short
wave length more strongly than those
of longer wave length and therefore,
brings blue rays to a shorter focus than
red. The resulting image of a point
white light is not a white point, but a
blur circle bordered with colors. When
color corrected lenses are
constructed in the camera lens the
dispersive effects are cancelled.
3. Coma - It is the unequal magnifying
power of different concentric zones of
the lens causes this lens defect. It
refers to aberration inherent to certain
optical designs or due to imperfection
in the lens or other components which
results in off-axis point sources such as
stars appearing distorted, appearing
to have a tail—coma, like a comet.
4. Curvatures of Field - It is in this
aberration, the relation of the images
of the different points is incorrect with
respect to one another. The image on
flat subject does not appear flat
because of the sharpness of the
center and the edge is out of focus.
Therefore, direct focusing of lens
canter will make the edge blurred. In
curvature, the image distance is
different for different points of the
same objects, because of their
different distance from the axis of the
lens. Fuzziness increases toward the
edge of the film.
5. Distortion - This lens defects exist
when there are different
magnification for rays of light at
different angles. A straight line
extending across the lens is curved,
the curvature maybe inward or
outward depending upon the
kinds of lenses used. When the curving
in inward it is called a pincushion
distortion and when the curving is
outward, it is called a barrel distortion.
6. Spherical Aberration - It is usually
found in all lenses bounded by
spherical surfaces. It is the failure of
the lens to bring all rays of light in
focus at the same time. The marginal
portion of the lens will bring the rays of
light to a shorter focus than the
central region. The image point
produced will not be a point but a
blur circle.
Main Groups of Camera Lens
Lens maker produces several
lenses for different cameras available
in the market today. These lenses may
be any of the following main group as
enumerated and discussed
hereunder:
1. Simple Meniscus Lens - This lens is
usually found in a simple or box
camera. It is uncorrected lens and
therefore suffering from inherent
defects of lenses.
2. Rapid Rectilinear Lens - It is a
combination of two achromatic lenses
with almost the same focal length.
This is corrected from some kinds
of lens defects but not on astigmatism
defect.
3. Anastigmatic Lens - This is a lens
which is free from astigmatism and
other types of lens defects. It has
the ability to focus a vertical
and horizontal line at the same time.
4. Achromatic lens - This is a lens
which is partly corrected for
chromatic aberration.
5. Process Lens - A super corrected
lens for astigmatism. It has a better
color correction and has the ability
to produce the best definition of
image in the photographs.
6. Fixed Focus Lens - A lens used in all
fixed focus camera. Basically, it has a
short focal length and greater
depth of field.
What is Focal Length?
It is the distance measured from
the axis of the lens through the film
plane when the lens is focus at a
distant object. Actually it determines
the size of image that will be formed in
the negatives.
Classifications of Focal Length
Hereunder the different
classifications of focal length, as
follows:
1. Wide Angle Lenses - These are lens
with a focal length less than the
diagonal of the negative materials. It
has a shorter focal length with large
area coverage. This lens is useful in the
photographing of objects in a narrow
or restricted or small area. In this type
of lens the object will appear far to
the lens and the resulting image of
the objects in the negative will be
small.
2. Normal Lens - Are lens with a focal
length approximately equal but not
more than twice the length of the
diagonal of the negative material. The
angle of the view of this lens is 75
degrees but not less than 45 degrees.
This lens has the best area of
coverage and the resulting image of
the objects reproduced will be the
same as seen by the naked eye.
3. Telephoto Lens - Are lens with focal
length lore than twice the diagonal of
the negative material. It has a longer
focal length with small area of
coverage. This lens is useful in
photographing of objects at far
distance. In this type of lens, the
object will appear in the closer to the
lens and the resulting image of the
objects in the negative will be large.
4. Zoom Lens - This lens has a variable
focal length which can be adjusted
continuously by the movement of one
or more elements in the lens system,
known as the variable focus lens.
Actually, this lens carries with it the
different classifications of lenses
according to its focal length.
What is Filter?
In photography and
videography, a filter is a camera
accessory consisting of an optical filter
that can be inserted in the optical
path. The filter can be a square or
oblong shape mounted in a holder
accessory, or, more commonly, a
glass or plastic disk with a metal or
plastic ring frame, which can be
screwed in front of the lens or clipped
onto the lens. Filters allow the
photographer to have more control of
the images being produced.
CHAPTER 6: PHOTOGRAPHIC
DEVELOPMENT
Definition of Density
It is the degree of darkness of
the image developed it can either be
to dark or too light, depending upon
the amount of the metallic silver
formed. On the other hand, contrast is
the difference between one tone and
another which is so apparent when
density of image is viewed. During the
development process of the sensitized
materials, the silver halide where the
latent image is recorded will be
developed and turn to metallic silver
that formed the image on the
negative. The details of the image
developed will determine whether the
sensitized materials were accurately
processed or not.
Factors Affecting Chemical
Development
Discussed hereunder are the
factors that affect the chemical
developments of the sensitized
materials are as follows:
1. Concentration of the Chemicals -
There are various chemicals or
solutions which are needed in the
development process of the sensitized
materials. These chemicals are mixed
in accordance with the specification
given by its manufacturers. Such
requirement must be properly
observed. Otherwise the solutions after
the mixture will not conform to the
specified strength as necessary in the
development process of the
sensitized materials.
The developer itself must be
accurately mixed, because it
developed the image on the
sensitized materials. It contains a
developing agent, a preservative,
accelerator and a restrainer. These
constituents of the developer had its
own function in the active
development of the latent image on
the constituents of the developing
solutions are the following:
a. Developing Agents - It
is very common the developing
agents of the developing solutions are
the amidol, hydroquinone, and
methol. They differ in their action
capability of maximum contrast and
fitness.
 b. Preservative - To
protect the developing agents
against aerial oxidations, a removing unexposed silver halide on
preservative chemical is necessary.
Usually the preservative chemical is
sodium sulfite that will prevent the
formation of staining developer
products, acts as a silver solvent and
increases the rate of development
and density. Without this preservative,
the developing solutions become
weak and stain the gelatin during
the developing process.
c. Accelerator - To
accelerate the process of reduction
of the silver salts to metallic silver,
alcalie solutions like sodium carbonate
and borax powder are mixed to the
developing solution. These alcalie
solutions will increase the state of the
development process of the sensitized
materials.
d. Restrainer - In the
ionization of the development
process, the restraining effect is
greater on fog than on the latent
image. To prevent this effect,
potassium bromide is added to the
developing solution. The developing
solutions of the sensitized materials
must always fresh and concentrated
to have a maximum strength that will
actively develop the latent image.
After the development process,
the image will appear, although
visible under a required safe light is still
temporary and to make it permanent
will need an additional chemical
process, more particularly known as
the stop bath. Usually the stop bath
solution is made of 28% glacial acetic
acid. When traces of the developing
solutions were removed, the sensitized
material will be soaked to the fixing
bath that will make the metallic silver
permanent. The chemical process of
the emulsion of the sensitized
materials after the development
process is called the fixing stage.
The constituents of the fixing
solutions are a solvent silver halide,
anti-staining agent, a preservative
and a hardening agent. Usually, the
solvent silver halide is sodium thiosulfite
popularly as hypo solution. The
function of the hypo solution is to
remove the unexposed silver halide.
The anti-staining agent of the fixing
solution is the acetic acid which
neutralizes the alcalie in the developer
carried over that will prevent the
weakening of the fixing solution and
the staining of the image produced.
The sodium sulfite will acts as the
preservative of the fixing solution that
will prevent precipitation of sulfur and
also prevent the oxidation of the
developing solution carried over in the
fixing bath. The hardening agent of
the fixing solution is potassium alum
that hardens the gelatin of sensitized
materials which was often in the
developing solution.
The developed sensitized
materials whether the film that
produces the negative or the
photographic papers that produces
the positive prints must be washed
thoroughly to remove all the excess
chemicals involved in the developing
process.
2. Temperature of the Solutions -
Although the chemicals involve in the
developing process are fresh and
concentrated, its temperature,
especially the developing solution will
affects the metallic silver developed
on the sensitized materials. Very
common, the reactions of the various
chemicals involve in the development
process of the sensitized materials is
slow when the temperature of the
solutions is high. Consequently, if the
maker of the sensitized materials
recommended the required
temperatures of the working solutions
in the development process of their
products, the processor of the
sensitized materials must adhere to
such recommendation and the best
results of the image developed can
be obtained.The specified
temperature of the working solutions
must remain constant through-out the
development process. However, the
deviations of its temperature must be
compensated by increase ordecrease
in the time of development process to
avoid or over developed images.
3. Time of Development - Among the
factors that affect the development
process of the film, the time of
development is the most critical
factor. Usually, too long or too short in
the duration of the development of
the sensitized material produces too
dark or too light in the image
developed. Manufacturer of the
sensitized materials gave an
instruction on how to control the time
of development that produces a
good density of the image.
4. Agitation - Even development of
the image on the sensitized materials
can be obtained through the regular
agitation of it during the development
process. In agitating the film or paper
in the developing solution, the
fresh developer is brought into
contact with the emulsion of these
materials and the used up solutions is
carried away. Constant or regular
agitation of the sensitized materials
during the development period is
necessary to make the solution move
and immersed entirely the surfaces of
the emulsion which contains the
image. Intermittent agitation of the
sensitized materials may increase or
decrease the developing time. Usually
the sensitized materials being process
are agitated for a few seconds for
every minute of developing time.
Insufficient agitation may produce
uneven actions of the working
solutions. Fast developing solutions
must never be allowed to stand still on
the sensitized materials. Same is true in
the fixing solutions. If the sensitized
materials with the image developed
stand still in the fixing solutions, it will
unevenly fixed the surfaces of the
emulsion on the sensitized materials
and it will produce several stain on the
developed image.
Film Processing - The most crucial part
in the preparation of photographs is
the film processing. Once the film is
destroyed during the developing
process, everything is ruined and no
positive print can be produced.
Considering that the work is critical,
outmost care must be observed in the
developing of negative. After the film
had been exposed and removed
from the camera, it is ready for film
processing. The sequence of
procedures in developing a roll or
sheet film is:
1. Preparation of solutions needed
in the development process;
2. Check the temperature of the
solutions and make it constant
by using the temperature
control pan;
3. Switch off lights and check the 15. After the fixing period, switch on
room whether it is totally dark; the light, was the film
4. Open the film cassette or film developed or negatives in
holder as the case may be and running water for thirty minutes
remove them; and dry the negatives.
5. Place the film in the developing
reel or film hanger; Normally, the above procedures
6. Soak or immerse the developing of developing a film is for black and
reel or film hanger into the white film, however, in the developing
developing tank; of a color film, the enumerated
7. Tap the bottom of the procedures with the additional
developing tank to dislodged chemicals or solutions needed in color
air bubbles and keeps the processing can also be adapted. To
developing solutions moving all avoid any problems in the
over the emulsion of the film development of film, the
8. Place a light tight cover on the recommendation or requirements of
developing tank; its manufacturers must be strictly
9. Set the timer on the specified followed. If for some reasons or
time of development; another, these development problems
10. Slowly agitate the developing exist, like underexposed or
tank for five seconds or every overexposed in the photographing,
minute of the required underdeveloped or overdeveloped
developing time; negative and others.
11. At the end of the development
time, remove and rinse the film Remedies for Curing and Saving
for ten seconds; Image
12. Soak or immerse the developing There are some suggestible
reel or film hanger into the stop remedies that can cure and save the
bath tank, tap the developing image on the negatives. Some of
reel or film hanger at the these remedies are enumerated and
bottom of the tank for thirty discussed hereunder, as follows:
seconds; 1. Intensification of the Negatives -
13. Remove and rinse the film for When the appearance after the
ten seconds; negative has been completely
14. Soak or immerse the developing processed is to light or has too
reel or film hanger into the fixing little density and there are no details
bath tank, tap the developing from the shadow area. They are
reel or film hanger at the indication of under developed image
bottom of the tank for thirty on the film. The causes of
seconds and let the film stand undeveloped film may be due to
still in the fixing bath for the weaker solutions, low temperature,
required fixing time of the less agitations and shorter period of
solution; and the development of time. Whatever
causes the underdevelopment of the
image on the film; it can still be cured
or saved through the intensification of
the film. In this system, the
underdeveloped image can be build
up with another chemicals called
intensifier. The addition of minute
particles of another metal which is
usually chromium or mercury on the
top of metallic silver formed
strengthens contrast during the
intensification period. The darker
portions are intensified most so that
the good density and contrast of the
image will appear on the negative.
Although the intensified negative is
not good as that of a normal
negative, it can perfectly give a
satisfactory photograph.
2. Reduction of the Negative = When
the negative appears too dark or has
too much density and the detail of the
shadow areas has been lost, they are
indications of overdeveloped
negative. Overdeveloped of the
negative may be due to stronger
developing solution, high
temperature, irregular of continues
agitations and longer period in the
development time. This
overdevelopment of the image on the
negative can be cured and save
through the reduction of the dark
metallic silver that forms the image on
the negative. A chemical known as
reducer will dissolve some of the dark
metallic silver formed until
achievement of the normal density
of the negative.
3. Increasing or Decreasing the
Development Time = When the film is
suspected to be wrongly exposed
during the photographing of objects,
the optimum remedy is to develop the
film by inspection. On this method, a
quick glance at the film during the
developing period is made for the
necessary corrective action that will
make the negative suitable for
printing. Developing any inspection is
not an easy task to do. It requires
utmost diligence and fast movement
during the inspection period. At a
glance the film is viewed under a
dark green safelight, so that the
necessary increase or decrease on
the development time can be
made. The dark-green safelight used
in the developing by inspection will
not produce any harmful effects on
the film if carefully and quickly utilized,
especially, when it is two feet far from
the film during the inspection
period. The appearance of the
darkest portions in relation to milky
emulsion will determine whether to
stop or continue the development
period.
4. Use of Developer Increasing or
Subduing Contrast = When the film is
normally exposed under high or low
contrast condition or delighting is
unpleasantly rough to the eye during
the photographing period or too
mild, the choice between the
developers that increase contrast and
the developer that subdue contrast is
the best remedy to produce a good
or pleasant negatives. When the film is
processed with a regular developer,
the resulting image on the negative
will also appear or contrast or
excessive contrast of the image in the
negative is so obvious, however, if the
film is process in a developer that can
be diluted for low contrast or softened
the excessive contrast of the objects
photographed, the resulting image on
the negative will have less harsh
contrast and noticeable details. On
the contrary situation, when the light
during the photographing is mild or
dull, the objects or scene will appear
flat or bland if the film is processed
with a regular developer. However, if
the film is processed in a high contrast
developer that builds up the highlights
and increases the overall contrast, the
resulting negative will show the details
of the scene or objects
photographed.
CHAPTER 7: TEHCNIQUES IN
PHOTOGRAPHY
Photographing Process
Photographing of objects or
scene is not only looking on the
eyepiece of the camera and pressing
its shutter release button. Every factor
that will affect the naturalness or
accurateness of the things to be
photograph must be considered.
These factors may be petty but if
neglected will produce had or
undesirable photograph. To avoid
these factors, the following technique
can be helpful in the photographing
process.
1. Be Familiar with the Camera = every
camera has its own characteristics.
Although the function of it is the same
with others cameras, the operation of
it may be different from other types of
camera. Comfort ability of using the
camera depends on the familiarity of
its parts and location. Know the
places of the focusing system, shutter
speed and adjustment, f-stop settings
and shutter released button of the
camera.
2. Selection of Good and Right Lens =
In photographing, proper lens must be
used. The quality of the camera lens
will affect the accurateness of the
objects to be photograph. The size of
the image is also affected by the
camera lens. Choosing the corrected
camera lens and knowing the right
focal length of the camera will
eliminate the factors that may affect
the naturalness and accurateness of
the photograph to be made.
3. Dirty Lenses = Even if a good and
right camera lens is used, it may still
produce a bad photograph if the lens
is dirty during the photographing and
printmaking process. This dirt may be
present on the front surface of the lens
as well as on the back. The usual dirt
that are observable along the surface
of the lens are dust, moist and
sometimes prints of the finger due to
incidental touching of the lens. The
camera lens of the camera must be
free from any dirt before using so that
the naturalness of the objects being
photograph will not be affected.
4. Camera Hold = during the
photographing, the camera must not
move especially during the pressing of
the shutter released button. There
are two techniques in holding a
camera, the horizontal holding
position and the vertical holding
position. Very common the vertical
position of holding the camera is used
in the photographing of a single
object.
5. Load the Camera = the important
things to do in the preparation of
photograph are the placing of the film
inside the camera. Basically, nothing
will be recorded if the camera has no
film during the photographing
process. Fidelity must be observed in
placing the roll of film inside the
camera.
6. Setting the Camera for Daylight
Photographing
Cameras are classified into
three main types, which is
enumerated and discussed
hereunder, to wit:
a. Simple Cameras =
usually it has no adjustment. It has a
fixed focus lens, fixed lens aperture
and fixed shutter speed. However, this
type of cameras must not be used in
photographing of objects below the
required range; otherwise, the
photograph produced will be blurred.
Certainly, the easiest camera to
operate is the simple camera. It can
be used in out-door photography or
indoor photography without any
difficulties. The only requirement in
using this type of cameras is to hold it
firmly and press the shutter released
button slowly to avoid camera
movement during the photographing.
b. Automatic Cameras =
this type of camera makes the
photographing more interesting. It has
automatic exposure control system. In
photographing, the exposure control
system determines the amount of
light reflected from the objects being
photographs and automatically set
the necessary exposure. The things to
be observed while using this type of
camera are to see the speed of the
film being used. The film speed or ASA
rating is commonly listed on the film
box or instruction sheet.
Previously, some
automatic camera has a fixed focus
lens. It is set by the maker of the
camera for normal photographing at
a certain distance, usually from 3 feet
to infinity. Other automatic cameras
have focusing mechanism which
requires proper adjustment of the
range of objects to the camera. The
latest automatic cameras have
automatic focusing control. Its
focusing control set automatically the
distance of the objects to the camera
during the photographing process.
With this type of camera everything in
photographing is almost automatic.
However, in using this type of camera,
incidental movement of the camera
during the photographing must be
avoided; otherwise, the recorded
image will appear blurred.
c. Adjustable Camera =
All adjustable cameras have only
three basic setting or control. They
are as follows: focus, shutter, and lens
opening. These controls must set
properly before photographing an
object. Incorrect adjustment of these
controls will basically affect the result
of the photographs. Usually, the
shutter speed and lens opening works
together. The common system of
determining the correct exposure
the photographing is the use of a light
meter. Using the light meter as the
basis of exposure, both lens
opening and shutter speed cam easily
be adjusted before photographing an
object.
Setting the Flash
There are conditions that
warrant the use of flash unit during the
photographing. There are three basic
types of flash unit, as follows:
1. Flash Bulbs
Make the photographing of
object with flash easier than ever. It is
plug onto a camera that has a flash
cubes socket and the camera is ready
for flash photographing without
touching a flash bulbs. Each cube
contains four blue flash bulbs. All
cameras with a flash cubes sockets or
flash cube adapter can use this type
of flash unit. Every time the film is
winded, the flash cube rotate and
ready to give light.
a. Electronic Flash
This type of flash unit is
fairly expensive compared with other
types of flash, but has a certain
advantages. Its electronic flash tube
can give thousands of flashes that
augment the necessary lighting of the
objects being photographs. The light
coming from the flashtube is much
shorter than that of a flash bulb. This
short duration allows the use of any
shutter speed with leaf-type shutter.
The electronic flash can stop the fast
action of the subjects to be
photograph.
b. Flash Bulb
It can be clear or blue in
colors. Usually blue bulb is suitable for
black and white or color
photography. Every flashes of this type
of flash unit, the bulb are busted.
Usually, in flash bulb a flash holder or
flash gun is needed and attached to
camera. In some cameras, flash bulb
fit into built-in flash unit. Proper
exposure with simple and automatic
cameras during the photographing
with flash unit can be attained by
keeping a certain flash distance
between the objects and the camera.
For adjustable cameras, the correct
exposure in photographing with a
flash unit is determined by its guide
number.
This guide number is
divided from distance of the flash to
the subject and the quotient is the lens
opening to be used for that particular
distance. Usually, the guide number is
printed on the instruction sheet of
every film or box of flash bulb or
electronic flash unit. Basically, the flash
synchronization must jibe with the
shutter speed of the camera during
the photographing process.
Otherwise it will produce
underexposed photograph or no
photograph at all. The common
shutter speed in flash photographing is
1/25 or 1/30 of a second. The flash unit
must be inserted to its proper socket.
For electronic flash, the
socket is generally mark with X and for
flash bulb, it is marked with M.
incorrect used of this sign of the
camera during the photographing will
produce no photograph at all
because the shutter speed did not
synchronized with the flashes of light.
In photographing with flash, light
reflection must be avoided. Glass or
shiny surfaces can bounce back the
light coming from the flash unit.
CHAPTER 8: CONTACT PRINTING
Introduction
Print making is the final stage in
making photograph. Basically,
printmaking repeat the first two stage
of photography, that is, the action of
light on the film which records the
image of the object photographed
which produces a negative. In
printmaking, the image on the
negative is transferred to the
photographic paper by the action of
light with the aid of a printer known as
enlarger. If no such device is utilized
the image of the negative is
transferred to the photographic paper
directly through contact process
known as the contact printing
Selection of Negative
There are several factors to be
considered in the selection of
negative for printmaking. The most
important among this factor is the
sharpness of the image recorded in
the negative. With the aid of a
negative viewer and magnifying lens,
all parts of the negative must be
examined to check whether the
image on the Negative is sharp or
blurred. Basically, if during the
photographing, the camera is not
focused to the objects or there is
movement on the camera or subjects,
the blurring of the image recorded on
the negative is possible.
Another factor to be considered
in the selection of the negative for
printmaking is the density and
contrast. In giving consideration to
these factors, the types of
photographic paper suitable for its
density and contrast can be
ascertained. Density can be
controlled by the length of exposure
and contrast can be controlled by
using the appropriate grade of
photographic paper.
Enlarger and Projector
Generally, the machine used in
making an enlargement is the
enlarger and in some instances, the
projector is also utilized. Almost all of
the enlarger available today has the
following common parts and
functions:
1. Enlarger Head = the main working
parts of the enlarger. It contains the
light source, the condenser lens, the
negative holder and the lens.
2. Lamp = this supplies the
light that passes through the negative
that exposed the photographic
paper.
3. Negative Carrier = this holds
the negative flat and level, fitted
between the light housing assembly
andthe lens of the enlarger.
4. Lens Aperture = It is the opening
of the lens that control the rays of light
passing through it.
5. Focusing Mechanism = It moves the
lens up and down to focus the
projected images.
6. Condenser Lens = this lens
spread the light coming from the lamp
of the enlarger. It is usually made of
two convex lenses, and in some
instances it is made of a flat piece of
diffusing glass.
7. Lens = It is the one
responsible in forming the image
coming from the negative. Basically, it
bends the rays of light that passes
through it and formed the enlarged
image.
8. Enlarger Column = It is the
holder of the enlarger head and
commonly serves as rail in controlling
the height of the enlarger head.
9. Elevating Control Knob = this part
control the image size projected on
the base. By raising or lowering the
enlarger head, the image becomes
bigger or smaller.
10. Base Board = practically, it
supports the entire unit of the enlarger.
Usually it holds the easels that carry
the photographic paper.
Contact Printing
In making a contact print, the
negative and the photographic
paper are placed together in such a
manner that the emulsion of the
negative is facing the emulsion of the
photographic paper. It must be
properly pressed by a transparent
medium before exposure is made.
Otherwise, the print will produce a
blurred image after development.
Contact print is
photographic image produced
from film; sometimes from
film negative, and sometimes from a
film positive. The defining
characteristic of a contact print is that
the photographic result is made by
exposing through the film negative or
positive, onto a light sensitive material
that is pressed tightly to the film.
CHAPTER 9: CRIME SCENE
PHOTOGRAPHY
Crime Scene Photography
Generally, the crime scene is of
vital importance in the establishment
of proofs. A permanent record of it
can be considered indispensable to a
successful investigation and
presentation of case in court. The
crime scene must be preserved so
that the evidence left by the culprit
will not be altered through
carelessness of the law enforcers
investigating the case or through
intruders or spectators which are
common in every crime scene
because of curiosity.
To secure and permanently
preserved the crime scene, the first
things to do in the investigation of any
crime is to photograph completely
and accurately all aspects of the
crime scene before the removal or
alteration of any evidence found in
scene of the crime. The photographs
taken must serve its purpose of
recording the crime scene. Useful
information may be established in a
series of photographs, it will enable
the viewer of the photograph to
understand where and how the crime
is committed.
Photographs of the general
a view of the scene must be
supplemented by close-up
a photographs that produce important
details. All objects or traces of
evidence must be photographs in
such a manner that the location of it
can be clearly seen in the over-all
photograph. This will enable the
viewer of the photograph in gaining
clear ideas of its position with regards
to other objects at the Crime scene.
Photographing the Crime Scene
The procedure in taking
photographs of crime scene is
straightforward. Photographs must be
taken in all angles to show the entire
area of the scene of the crime. The
photograph must cover some
reference point that will establish the
exact location of the crime scene. In
photographing a crime scene, the
order of photographing must be
strictly followed. It must start from the
perimeter toward the center as the
investigator examined and observed
the condition of the scene of the
crime. However, if there are things
which are perishable after a length of
time, such things must be photograph
first. Generally, the orders of
photographing the scene of the crime
are as follows:
1. Out-Door Photographing = this is the
entire surroundings of the crime scene
must be photographed. As much
as possible the photographs taken that might be displayed in the halls of
must include the following, i.e., a dormitory or workplace.
geographical location of the area Mug Shot Files
that surrounds the crime scene; A mug shot, or booking
external conditions of the victims photograph, is a photographicportrait
house in relation to the neighboring taken after one is arrested. The
houses; and articles or evidence left purpose of the mug shot is to allow
on the scene of the crime, like law enforcement to have a
footprints, tire marks and other photographic record of the arrested
traces of things that can be useful in individual to allow for identification by
the early solution of the crime; and victims and investigators. Most mug
2. In-Door Photographing = these are shots are two-part, with one side-view
photographs of four corners of the photo, and one front-view. They may
room where the crime was committed be compiled into a mug book in order
must be taken. It must include some of to determine the identity of a criminal.
the following, i.e., possible point of In high-profile cases mug shots may
entrance and exit of the culprits; also be published by the media.
adjacent rooms where the crime was What is Photofit?
committed; and general appearance Photofit is a technique used by
of the room where the crime took the police for building up an accurate
place; position of articles or evidence image of someone to fit a witness'
left behind of the scene of the crime; description. Photographs, rather than
and traces of evidence like drawings, of individual features are
fingerprints, footprints, blood stains used to construct an image of a
and other things that can preserved suspect.
as clues for the early
apprehension of the suspects.
The investigator must always
have necessary equipment ready and
carefully checked for immediate
photographing of the scene of the
crime. Some of these equipments are
as follows: camera, film, flash unit,
tripod, filters, cable release, and
measuring devices.
Rogues Gallery Files
A rogue’s gallery is a police
collection of pictures or photographs
of criminals and suspects kept for
identification purposes. The term is
also used figuratively by extension for
any group of shady characters or the
line-up of “mug-shot” photographs

CRIME DETECTION AND INVESTIGATION
CRIME DETECTION AND
INVESTIGATION………………………..244
s. Fundamentals of Criminal
Investigation…………………………..244
t. Traffic Management and Accident
Investigation………………………….265
u. Fire Technology and Arson
Investigation…………………………266
v. Organized Crime
Investigation…………………………273
w. Drug Education and Vice
Control………………………………..276
NOTES IN FUNDAMENTALS
CRIMINAL INVESTIGATION
HISTORICAL BACKGROUND
CRIMINAL INVESTIGATION
JONATHAN WILD (1720) - A buckle
maker, a brothel operator, and a
master criminal who became
London’s most effective criminal
investigator. He was the most famous
thief catcher. His methods made
popular the logic of “employing a
thief to catch a thief”. He conceived
the idea of charging a fee for locating
and returning stolen property to its
rightful owner.
HENRY FIELDING (1754)- An
Englishman who wrote a novel, “Tom
Jones” was appointed as magistrate
(sheriff) for the areas of Westminster
and Middlesex in London. He
operated out of a court in London
located on Bow Street. Shortly after his
taking office, the London population
saw a group of police officers
attached to the bow Street court, and
not in uniform, performing criminal
investigation functions.
SIR JOHN FIELDING (1756)- The
younger brother of Henry took over
the control of Bow Street Court in
1753. His investigations were then
called “Bow Street Runners” and
became quite effective because of
developing paid informants, printing
wanted notices, employing criminal
raids, and bearing firearms and
handcuffs.
PATRICK COLQUHOUN (1800 London)-
OF
A notorious thief catcher and former
convict. He proposed the unique idea
of a sizeable uniform force to police
the city. He and those criminals under
OF
his direction operated with the
complete sanction of the police. At
the end of a lengthy criminal career in
1809, he offered his services as an
informer to the Paris police authorities.
He surfaced as a secret informer in
1817 and, under police authorization,
formed the first Paris Police detective
bureau.
SIR ROBERT PEEL- he reiterated the
idea of creating a sizeable police
force. The eventual passage of his
recommendations, known as the
METROPOLITAN POLICE ACT, was to occurrences in the nineteenth
have a tremendous impact on the century.
history of criminal justice in general
and on the development of criminal ALLAN PIRKENTON- America’s
investigation specifically. foremost private detective. By
The officers of the London profession, he was a self-employed
Metropolitan Police were nickname as barrel and cask maker. While scouting
“bobbies” after Sir Robert. His concept for wood supplies to be used in his
and actions serve as a model for business, he detected and later
police administrators. apprehended a local gang of
counterfeiters. Soon after his
CHARLES DICKENS- Famous English counterfeiting experience, local
novelist that popularized the citizens besieged him for assistance in
SCOTLAND YARD. He edited a popular recovering stolen property and other
magazine in London in which investigative matters. He became the
appeared many articles describing first detective of the Chicago Police
the noble investigative efforts of the Department in 1849.
“yard”. It was through his writings and
other literacy efforts the London’s THOMAS BYRNES- Chief detectives of
public became gradually more New York City, was one of the famous
acceptant of the officer in plain investigators of the nineteenth
clothes. century. An unusually keen-minded

☺
individual with 32 years of police
In his novel “Black House”, experience, he trained his detectives
published in 1853, he introduced the in recognizing individual criminal
term “detective”, the first recorded techniques. This method was later to
appearance of the word specifically be known as “modus operandi” of
designating an investigative law method of operation and is
enforcement officer. considered an essential tool of
investigation to this day.
HOWARD VINCENT (1877)- Head of the
Scotland Yard organized investigators EDGAR HOOVER- under his
known as the CRIMINAL dictatorship in 1924, the Federal
INVESTIGATION DEPARTMENT. He is a Bureau of Investigation was organized.
London lawyer without field police This bureau then contributed to the
experience, who had observed overall development of criminal
operations of the Paris Police. The investigation. The creation of a
department contained several nationwide identification file in
hundred detectives. Washington, operated by the FBI, was
a major step in consolidating
FRANCIS TUKEY AND ALLAN identification records of thousands of
PINKERTON- America’s early individual police departments.
detectives who were appointed by
influential mayors due to the criminal
PIONEERS IN CRIME DETECTION AND
INVESTIGATION
JONATHAN WILD (1720)- A REFOREMED
CRIMINAL, BECAME London’s most
effective criminal investigators. He
became the most famous thief-
catcher in 1720’2. His methods
popularized the idea of employing a
thief to catch a thief. He introduced
the idea of charging a fee for locating
and returning stolen property to its
rightful owners.
HENRY FIELDING (1750’s) - An
Englishman who wrote a novel entitled
“Tom Jones”, was appointed as
magistrate (sheriff) for the areas of
Westminster and middle in London.
While he was the magistrate, he
formed a group of non-uniform thief
catcher attached to the bow street
court whose function is to detect and
watch criminals.
SIR JOHN FIELDING (1756)- The
younger brother of Henry took over
the control of Bow Street Court in
1753. His investigations were then
called “Bow Street Runners” and
became quite effective because of
developing paid informants, printing
wanted notices, employing criminal
raids, and bearing firearms and
handcuffs.
EUGENE “FRANCOIS” VIDOCQ (1811)-
A former convict who became a Paris
investigator, founded Brigade De La
Surete (now known as
suretenationale) which became the
national detective agency of France.
Vidocq popularized the principle of
“set a thief to catch a thief”. He also
introduced “trade protection police”,
which became forerunner of our
credit card system. For a fee, any
owner of a shop or business
establishment could obtain particulars
concerning the financial insolvency of
new customers. He created a squad
of ex-convicts to aid the Paris police in
investigating crimes.
PATRICK COLQUHOUN (1800)- a
prominent London resident, proposed
the unique idea of creating a sizeable
uniformed police force to secure the
city of London as an answer to the
alarming increases of criminality. His
proposal was considered too radical it
was dismissed by the royal court.
SIR ROBERT PEEL- he reiterated the
idea of creating a sizeable police
force. The eventual passage of his
recommendations, known as the
METROPOLITAN POLICE ACT, was to
have a tremendous impact on the
history of criminal justice in general
and on the development of criminal
investigation specifically. The officers
of the London Metropolitan Police
were nickname as “bobbies” after Sir
Robert. His concept and actions serve
as a model for police administrators.
HENRY GODDARD (1835)- on of the
Scotland Yard’s original Bow street
Runners, first used bullet comparison to
catch a murderer. His comparison was
based on a visible flaw in the bullet
that was tracked back to a mold.
ALLAN PIRKENTON- America’s foremost
private detective. By profession, he
was a self-employed barrel and cask
maker. While scouting for wood
supplies to be used in his business, he
detected and later apprehended a
local gang of counterfeiters. Soon
after his counterfeiting experience,
local citizens besieged him for
assistance in recovering stolen
property and other investigative
matters. He became the first detective
of the Chicago Police Department in
1849.
Galton published “FINGERPRINTS”, the
first comprehensive book on the
nature of fingerprints and their use in
solving crimes.
DR. HANS GROSS- A native of Graz,
Austria, published in 1891 Criminal
investigation that contained the first
comprehensive description of physical
evidence in solving crimes.

THOMAS BYRNES- the New York Chief JOHN DEMPSEY- categorized different
of Detectives in 1866 introduced the types of investigation as carried out by
Modus operandi file. law enforcement agencies. (Criminal
and non criminal, reactive and pro-
ALPHONSE BERTILLON- A French Police active and overt and covert
Clerk, introduced in 1882 the fist investigation).
systematic identification system based
on “ANTHROPOMETRY”. He was I. Introduction to Criminal Investigation
recognized as the founder of Criminal 1. Definition of Criminal
Identification. A year later, he Investigation - Based on
successfully identified the first recidivist etymology, the term
using the technique that he investigation came from the
developed. Latin word investigare (vestigare
in some books) which

☺DR.
means “to track or look into for
ARTHUR CONAN DOYLE- trace”. Fundamentally, it may
popularized in 1887 scientific criminal have been derived from
investigation by creating a fictional vestigium, another Latin word
detective “SHERLOCK HOLMES” and which means “footprint”.
his friend Dr. Watson Holmes was In its simplest connotation,
featured in 6 short stories and 4 novels. investigate means “to take a look and
The 1st Sherlock Holmes story was see what happened”. In a more
published in Beaton’s Christmas detailed definition, investigate means
annual of London. “to carry out a detailed examination
or inquiry, usually in official manner, to
FRANCIS GALTON- An English scientist discover something or somebody”.
published in 1892 his study on In Roget’s International
classifying fingerprints. While other Thesaurus (2002), investigate is
scientist was studying fingerprints in synonymous to discuss and explore
their biological nature, Galton’s while investigation is synonymous to
recognized their uniqueness and discussion and research.
potentiality/ significance in criminal In Webster’s New World
identification. In 1892, Sir Francis Dictionary (2000), investigate means
“to search into; examine in detail; or
inquire into systematically”. On the
other hand, investigation means “a
careful search or examination of
something, or a systematic inquiry”.
2.Type of Investigation - According to
Burstein (1999), there are six major
types of investigation: formal
investigation, inquest, inquisition,
probe, research and investigative
report.
1. FORMAL INVESTIGATION refers to
the official inquiry conducted by a
government agency in an effort to
uncover facts and determine the
truth. This type of investigation is
usually considered as some from of
inquiry concerning criminal activity.
In effect, formal investigation is
typically done by law enforcement
agencies to discover facts
concerning a civil or criminal case.
2. INQUEST is an effort to search the
basic cause of an incident such as
the commission of a crime. It is
used to describe a form of judicial
inquiry. Thus, inquest is frequently
associated with investigations
conducted by public prosecutors
to determine if legal grounds exist
in filing a criminal complaint
against a person. Another form of
inquest is the examination
conducted by medico-legal officer
as requested by police
investigators or prosecutors for the
purpose of determining the cause
of the death.
3. INQUISITION is a more historical
description than a current usage to
describe any penetrating
investigation concerning a religious
issue. The term inquisition became
a disgusting word as a result of its
ruthless application in relation to
inquiries done in Europe during the
15th century to suppress heretics.
4. PROBE is similar to formal
investigation, it is an extensive,
searching inquiry conducted by a
government agency. It is often
associated with committees,
usually in the form of the legislative
inquiries. Example is the
investigation conducted by the
Senate Blue Ribbon Committee.
5. RESEARCH is most often employed
to refer the careful, patient
investigations done by scientist of
scholar in their effort to identify
original source of data or causes of
problem.
6. INVESTIGATIVE REPORT relatively
speaking is a recent type of
investigative pursued by the
members of the press on their own
initiative. It is designed to satisfy 2
purposes:
a. To attract readers/viewer
b. To get to the roots of a
problem
John Dempsey (2003, p.32-35), on the
other hand, categorized different
types of investigation as carried out
by law enforcement agencies:
criminal or non-criminal investigations,
reactive or pro-active investigations
and over-covert investigations.
1. CRIMINAL vs. NON-CRIMINAL
INVESTIGATION
Criminal investigationis usually
carried out by the police with the goal
of prosecuting the person responsible
for the commission of a crime. This
type of investigation can also be
assigned to private investigators.
 Non-criminal
investigationinvolves inquiry on non-
criminal incident or events. It can be
conducted by the public police or
private investigators.
The main difference
between non-criminal investigation by
the public police and private
investigators is that police investigators
are funded by the government,
whereas private investigators are
paid for by individual clients or
business.
1. REACTIVE vs. PRO-ACTIVE
INVESTIGATION
Reactive investigation is a type
of investigation that is initiated on the
basis of a complaint filed by a victim
or any concerned citizen. For
example, a person is a victim of a
robbery then filed a complaint to the
police. The police then carry out a
reactive investigation.
Dempsey identified two types of
reactive investigation: primary and
follow-up investigation (also called
latent investigation).
a. PRIMARY INVESTIGATION is the
initial inquiry into a reported
crime and is generally
conducted by a uniformed
patrol officer. The patrol officer
must prepare first the written
report of the crime, which is
generally called “an incident or
complaint report”.
b. FOLLOW-UP or LATENT
INVESTIGATION is assigned to
train police detectives and it
usually involves processing
physical evidence, interviewing
witnesses, interrogation of
suspects, conducting record
search, surveillance operations,
and following other
investigatory practices.
Jack Kuyndall describes three
categories of reactive investigations
based on the initial circumstances
surrounding the case.
a. WALK THROUGH: This is the type
of investigation on a case
wherein the suspect is easily
determined and located and
detectives must only observe
legal guidelines to reach a
solution.
b. WHERE-ARE-THEY: The
appropriate type of
investigation to use in case the
suspect has been tentatively
identified but has not been
located. The case may have
simple solution or it involves
complex mystery.
c. WHO DID IT: This is a case in
which no suspect is initially
identified. Majority of crimes
reported to the police are
under this category are rarely
solved.
Proactive investigationis an
investigation conducted by the police
based on their own initiative.
These are designed to catch a
criminal in the act of committing a
crime, rather than waiting until a crime
is reported by a concern citizen. Pro-
active investigation may be of the
following types:
a. Decoy operation
b. Repeat – Offender Programs
(ROP’s)
c. Undercover operation
2. OVERT vs. COVERT INVESTIGATION
 Overt investigationis conducted
openly. In other words, investigators CHAPTER II
do not try to hide their true identity WHO ARE CRIMINAL INVESTIGATORS?
or hide the fact that they are Criminal investigators are fact-
conducting an investigation. Most finders since they focus their efforts on
reactive investigations are overt. A facts that are related to criminal
covert investigation is conducted in activities. They could be detectives
secret. Investigators try to hide their from the government or from the
identity and the fact that he is private sector. Some are even
conducting an investigation. fictitious just like Sherlock Holmes. To
Generally, proactive investigators are know more about criminal
covert. Covert investigators are investigators, consider their role and
commonly called undercover desired characteristics.
investigator.
The Role of Criminal Investigators
3. WHO CONDUCTS INVESTIGATIONS? The PNP Criminal Investigation
Fictitious investigators are those Manual described criminal
that do not exist in reality, they are investigators as those who collect
only creations of writer who focuses in facts concerning a crime to
inventing detective stories that may accomplish this three-fold aim:
help entertain and/or educate 1. To identify the guilty party
readers. Sherlock Holmes and his 2. To apprehend the guilty party
friend Dr. Watson are probably the 3. To provide evidences of criminal
best examples of this class of guilt of the person/s involved
investigators. They were created by Sir
Arthur Conan Doyle, an English Criminal investigators are those
physician and novelist. Holmes authorized by law to conduct close
became famous for his powers of analysis on criminal cases. They are
scientific deduction. tasked to find answers to all questions
Government investigatorsare concerning a crime. These tools are
public officers acting on behalf of the information, interview, interrogation
government agency that is and instrumentation.
responsible in conducting post factum While performing investigative
inquiry on matters relating to public activities, criminal investigators must
welfare and safety. Examples of this establish the answer of the six cardinal
category of investigators are the questions. These questions, otherwise
police investigators, (CIDG known as cardinal points in
operatives), NBI agents, BIR inspectors. investigation report writing, are as
Private detectivesare hired follows:
people who conduct investigations - WHAT (specific crime is
either directly or indirectly, such as committed)
those employed by government and - WHO (did the crime)
private attorneys, to collect - WHEN (was it committed)
information or evidence.
 - WHERE (was the crime 8. A person with integrity
committed) (objective in performing his
- WHY (was it committed) task)
- HOW (was the crime 9. Street-smart (observable)
committed) 10. Reliable
Criminal investigators have the 11. Team-player (has a good
following duties: sense of teamwork)
1. Establish that a crime was in
fact committed under the law Motivation was identified by the
2. Identify and apprehend NIJ as the “first primary trait of a
suspected offenders competent investigator”. The reason is
3. Recover stolen property obvious, to successfully perform a task,
4. Assist the state in prosecuting you must have interest of doing it.
the party charged with the crime Motivation is a managerial function. It
Thus, the job of the criminal requires the need to inspire others to
investigator is to discover whether or do a good job. In investigating crime,
not a law was violated; to establish if a you have to work with others because
crime was in fact committed. you need the service of others. Thus,
Consequently, after determining what you must be able to influence other
specific crime was committed, he people to help you solve a case. The
must discover how, when, where and primary motivation of the investigators
why was the crime committed. comes from knowing that his skills will
enable him to be assigned to more
QUALITIES OF COMPETENT challenging, complex, seemingly
INVESTIGATORS insoluble, and interminable cases. For
To be a competent criminal competent investigators, the more
investigator, according to the difficult and investigation is the
National Institute of Justice (based in greater the motivation to solve it.
Florida, United States), you must Furthermore, consciously or
possess the following most desired subconsciously, they are also
characteristics: motivated by knowing that once their
1. Positively motivated ability has been recognized, they
(inspired) willingly accept high-profile
2. Persistent (perseverance) investigation assignments.

☺According to Sir Robert Peel, it is

3. Intuitive
4. Intelligent
5. Psychological and better to let ten guilty persons escape
emotionally stable than let one innocent person falsely
6. Dedicated to his profession accused.
(loyalty)
7. Judicious or discreet (fair, A criminal investigator who is not
equal) objective or who lacks integrity can
be responsible for a guilty person’s
acquittal. He is also responsible for an
innocent person’s imprisonment, fine
or possibly even death, or the
ruination of an organizations
reputation. In connection with this,
Atty. Richard Brown (a former District
Attorney in Queens Country, New
York, United States) said that it is
important to emphasize to police
investigators that they are going to
lose a case if there is a perception
that they are bending the truth.
Without the desirability and necessity
of these 11 traits, an investigator also
must have retentive memory,
patience and keen observation. In
other words, a criminal investigator
should be imaginative, creative and
persistent. Due to the complexity of
the criminal investigation today, an
investigator must be able to think
logically, understand and sort-out
volumes of data and facts. He must
be capable also of communicating
and maintaining a positive relationship
with fellow investigators and other
people involved in police work. He
must have self-discipline, knowledge
of law and scientific techniques and
inductive (as well as deductive)
reasoning. From these suggested
characteristics of an investigator, you
already understand that a detective is
not a mediocre person. According to
Bennett & Hess, a person must possess
scientific intellectual, psychological
and physical characteristics to qualify
him as a competent criminal
investigator.
INTELLECTUAL CHARACTERISTIC
1. A criminal investigator must be
capable of absorbing and retaining
information whether it concern basic,
technical or legal subject.
2. He must be able to apply technical
and legal theories in his daily work.
3. He must be capable of practicing
objectivity, logic and common sense
in decision-making. This is more
desirable than exceptional
intelligence.
4. He must be versatile enough to
adopt with any situation. During
training and while already in the field,
he must develop knowledge and skill
in investigating techniques.
5. He must never stop learning or tell
himself that he has learned enough
knowledge in his profession. He must
continue enhancing his knowledge
through academic activities, field
training, personal experience and
street-learning(on-the-job
experience).
PSYCHOLOGICAL CHARACTERISTIC
A criminal investigator must be:
1. Emotionally well-balanced
(manage anxieties/stress/maximum
tolerance).
2. Detached (approachable)
3. Inquisitive (asking a question
properly by being approachable)
4. Reasonably suspicious (but not
paranoid)
5. Discerning or perceptive (capable
of using intuition)
6. Self-discipline
7. Preserving (maintain, continue,
pursue)
PHYSICAL CHARACTERISTIC
A criminal investigator must be
physically fit and have a good vision
and hearing. Because of long and
demanding hours spent in performing
investigate duties, an investigator with
a good health and high energy level
has an advantage over those who are
not. He must also have a working
knowledge on martial arts and
firearms proficiency and capable of
applying them in combat situation. He
must be fit enough to apply defense
tactics in confronting, disabling and
arresting suspects.
CRIMINAL INVESTIGATION DEFINED
Criminal investigation refers to
the process of discovering, collecting,
preparing, identifying and presenting
evidence to determine what
happened and who is/are
responsible. (Bennett & Hess,
2004).Criminal investigation involves a
legal search for the people and thing
that can be used to reconstruct a
crime and the mental state of the
offender. The objective of this search
is to determine the truth as far as it
can be discovered in any post-factum
inquiry. This is done by gathering facts
that can be used to answer question
relating to a crime or involving a
criminal case. Criminal investigation is
a legal inquiry caused by a complaint
that is conducted to follow up,
examine, trace, track and search the
facts concerning the commission of a
crime through patient, step by step
and meticulous observation. This
inquiry covers also the identification of
offenders, and the circumstances of
the crime, by careful evaluation of all
available evidences until offender/s
be brought to justice, and the
innocent be relieved from any false
accusation. Criminal investigation is a
branch of jurisprudence whereby
scientific theories and principles,
including time-tested philosophical
analysis, are applied to discover,
collect and process facts to develop
information that may lead any
sensible person to see the truth.
However, applying practical and
scientific knowledge to solve the
crime is sanctioned by rules and
protocols integrated in the criminal
law.
IS CRIMINAL INVESTIGATION AN ART
OR A SCIENCE?
Depending on your point of
view, you may consider Criminal
Investigation either as an art or
science. You may also define from the
legal standpoint or you may simply
define it as a process.
CRIMINAL INVESTIGATION AS AN ART
Criminal Investigation is an art
that deals with identification and
location of the criminal offenders then
proving their guilt through criminal
proceeding. Some authors stressed
that Criminal Investigation is more
than an art rather than a science
because it is not governed by rigid
rules or principle. Most often than not,
it is governed by intuition, felicity or
inspiration, and to a minor extent, by
chance or luck.
☺It was
Hans Gross who said that
Criminal Investigation is 95%
perspiration, 3% inspiration and 2%
luck. This means that the investigation
should not only on inspiration or luck
else they will fail 95% in their
investigation. 100% effort must be
exerted because inspiration or luck
may never come this way.
CRIMINAL INVESTIGATION AS
SCIENCE
Criminal Investigation is a
systematic method of inquiry that is
more like a science than an art.
Criminal investigators primarily apply
scientific knowledge, principle and
methodologies in order to discover,
identify, collect and process facts and
evidences to promote justice.
However, use of scientific method
must be supplemented by the
investigator’s initiative and
resourcefulness in finding solution of
criminal cases. The sequence of
investigation must follow a scientific
operating framework that requires
imagination, innovation and
creativeness on the part of the
investigator.
CRIMINAL INVESTIGATION AS A The
PROCESS
Criminal investigation involves
the systematic process of identifying,
collecting, preserving, evaluating
data or raw facts to produce valuable
information to prosecute a criminal
offender. As a process, criminal
investigation primarily deals with
information and it should be founded
on a systematic plan. Generally
speaking, what we think as evidence
relating to a crime is information
subject to use. However, obtaining or
developing evidence is not as easy or
as simple as what most people think.
An information valuable in criminal
investigation is actually composed of
data or raw facts which were
gathered and then processed (or put
together) to form more distinctive
information that can be recognized
by a sensible person as a proof of a
A certain cases, situation, or
occurrence. A systematic plan
speeds-up the logical flow of
investigation. Without any systematic
plan, significant evidence maybe
overlooked during preliminary
investigation. Evidence identified and
recovered maybe improperly
preserved and wrong conclusion
maybe drawn as a consequence.
Thus, criminal investigation is an inquiry
concerning an incident presumed to
be criminal. This inquiry is based in the
logic, objectivity and legal sanctions
whereby principles of arts and
sciences are applied in the process of
accomplishing the objectives of the
investigator.
FUNDMENTAL PRINCIPLE
Trichotomy of Criminal
Investigation
To understand further the nature
of criminal investigation, three vital
elements must be considered.
Macasiano explained that trichotomy
of criminal investigation consist of
training, tools, techniques.
TRAINING: Training, being a critical
factor in developing good and
competent investigator, is the key to
freedom from bandage of ignorance.
Ignorant person cannot become a
competent investigator. Learned and
professional investigators are effective
weapon against crimes. These kinds of
investigator can be produced through
organized training. Their training,
however, is a dynamic process – it
never ends. Training is effective only
on men with self-discipline and prolific
minds. Through training, a person can
build his confidence; broaden his
vision for professional growth, and 2. Determine the perpetrator by direct
strengthen his will to survive during inquiry or through observation, if his
crisis. identity is obvious.
TOOLS: To establish facts and develop 3. Detain all people present at the
evidence, a Criminal Investigator must crime scene.
use these tools – information, 4. Summon assistance, if necessary.
interview, interrogation and Assign specific duties to
instrumentation. assistants/subordinates, if any.
Most dilemmas encountered by 5. Immediately separate witnesses or
detectives are caused by too much suspects for purpose of securing
reliance only on the tools of independent statement.
investigation. While information, 6. Protect the area by giving
interview, interrogation and appropriate orders and by physically
instrumentation are vital components isolating it.
of investigation, complete 7. Permit only authorized people to
dependence to these usually leads to enter the crime scene boundary.
messy investigation. Therefore, success 8. Do not touch or move any object
of criminal investigation depends on found at the crime scene.

☺“Never
action between investigator’s training
and the tools and techniques he use. touch, alter, move, or
TECHNIQUE: The war against crimes transfer an object at the crime scene
today is not won by more men and unless it was properly marked,
powerful guns but through modern sketched, measured and
but subtle techniques. Some people photographed”.
insist that courtroom battle is won by
clash of words and wealth. Courtroom THE SIX CARDINAL QUESTIONS
veterans are aware that once they While performing his duties, the
engage in trial, legal battle of investigators should be able to
techniques begins. A criminal ascertain six (6) points in his
investigator with obsolete technique is investigation. This can be done by
like a soldier who enters the combat using six (6) recurring questions,
zone with outdated weapons. otherwise known as cardinal question:
WHAT - specific crime was
THE GOLDEN RULES FOR CRIMINAL committed?- the name and
INVESTIGATION designation of the crime
Upon arriving at the crime HOW - was the offense
scene, criminal investigator/s must committed? – modus operandi
observe these golden rules before or WHO - committed it?
while processing the scene. These – identity of suspect/s
rules can be applied to any type of WHERE - was the offense
crime scene. committed? – location of crime scene
1. Identify, and if possible, retain for WHEN - was it committed? – exact
questioning the person who first date and time
notified the police.
WHY - was it committed?
– motive and intent
The significance of the cardinal
questions are as follows:
1. Assist the investigator in making brief
statements of the facts in the logbook
(police blotter) and in their reports.
2. Aid the investigator in searching the
crime scene or other sources of
information and evidence.
3. Guide the investigator in
formulating questions in interviewing
complainant and witnesses, or in
interrogating a suspect.
4. Facilitate the preparation of the MO
(modus operandi) report.
5. Assist the investigator in furnishing
concise investigation reports.
Patterns, leads, tips, and theories are
components of the investigation
process that enable investigators to
learn and understand the facts of the
occurrence with which they are
dealing.
PATTERNS refer to a series of similarities
that may link particular cases or
indicate that the same person is
committing a series of crimes. Pattern
could include time of day, day of the
week, description of the suspects, MO,
type of weapon being used, type of
victim, location and other variables.
Leads are clues or pieces of
information that aid in the progress of
an investigation. Leads can be
physical evidence or information
received by witnesses or other persons
or through surveillance, undercover
investigations and record searches. A
lead is anything that can assist an
investigator in resolving an
investigation.
Tips specifically refer to leads provided
by citizens that aid in the progress of
an investigation. Generally, tips
involve the identity of the suspect.
Theories are beliefs regarding the
case based on the evidence,
patterns, leads, tips and other
information developed or uncovered
in a case. Theories are important
because they direct the investigation.
Detectives have to be very careful in
building theories about a case,
because if the theory is wrong, it may
lead him in the wrong direction.
OBJECTIVES OF CRIMINAL
INVESTIGATION
In the PNP setting, as stated in
the investigation manual, investigation
concerning a crime involves the
process of collecting facts to
accomplish a three (3) fold aim.
Accordingly, the three (3)
mainobjectives of criminal
investigation are as follows:
1. To identify the guilty party (including
the offended party, witnesses,
relevant facts, information and
evidence).
2. To trace and locate the guilty party.
3. To provide evidence of his criminal
guilt.
The criminal investigator is
directly and indirectly pursuing the
following purposes:
1. Determine whether or not a crime
has been committed (ascertain if
corpus delictiexist).
2. Verify if a criminal complaint is bona
fide.
3. Legally obtain information and
evidence to identify the criminal
offender (responsible person).
4. Arrest the suspect.
5. Reconstruct the crime through
crime scene investigation.
6. Obtain admission or confession by
means of interrogation.
7. Recover stolen properties and
missing/abducted person.
8. Establish the motive and/or intent of
the offender.
9. Determine and analyse the modus
operandi of criminals.
10. Determine the gravity of the
offense or the extent of damage of
the victim (person and/or property).
11. Obtain probable cause for
purposes of securing a warrant.
12. Present the best possible case to
the prosecutor.
Achieving these purposes is
important in determining the truth
concerning the criminal case under
investigation. The truth must be
revealed because this is the courts
fundamental basis in giving justice to
whom it is due.
PHASES OF CRIMINAL INVESTIGATION
Investigation concerning a or money. Information is the general
criminal case generally progress in
three stages, usually described as:
1. Preliminary investigation, also
known as initial investigation, which is
focused in identifying the
perpetrator/s or criminal suspect.
2. Follow-up investigation, also known
as continuing or in-depth
investigation, which is focused on
tracing, locating, and eventually
arresting suspect.
3. Concluding investigation, also
called final investigation, which is
focused in evaluating and presenting
evidence to prove the criminal guilt of
the accused.
TOOLS OR THREE (3) I’s OF
INVESTIGATION
Information as an Investigative Report
To achieve the goals of criminal
investigation, the investigator must
know how to use available resources
or tools. There are indispensable tools
that can be used by the criminal
investigators to successfully solve
criminal cases. These are identified as
information, interview, interrogation
and instrumentation. The uses of these
tools vary based on necessity and
actual situation.
INFORMATION: THE KEY TOOL
Information is the key tool in
criminal investigation. In the fact, it is
the most powerful weapon of
investigators, more powerful than gun
term referring to the knowledge
acquired by criminal investigators from
various sources, which could be in the
form of persons, places (crime scene),
or things (record/files or physical
evidence).
As an investigative aid, it is the
means by which queries can be
answered. The significance of
information can be explained by what
Rudyard Kipling had said:
 5. By being meticulous.

☺
6. By becoming acquainted with
“I keep six honest men many kinds of people from all walks of
They taught me all I know; life.
Their names are what and why
and when SOURCES OF INFORMATION
And how and where and who”. 1. Regular Sources – records, files from
government or non-government
SIGNIFICANCE OF INFORMATION IN agencies and news items, intercepted
CRIMINAL INVESTIGATION radio or telephone messages and
stored computer data.
1. Information provides answers 2. Cultivated Sources – information
to the 5 W’s and 1 H. Information is furnished by informants and informers.
essential in investigation because it 3. Grapevine Sources – information
satisfies the cardinal questions. coming from the underworld
2. Information is vital in planning characters such as prisoners or ex-
and operations of investigators. convicts.
Information is the first key to successful
investigation. Without appropriate or
adequate information, investigators INFORMANT vs. INFORMER
will encounter difficulties in deciding An informant voluntarily or
where they should start or continue willingly provides information to the
their inquiry. Thus, the ability to secure criminal investigators and even offers
and systematically collect information to be a witness. There are times,
is a major asset of a good and however, when the informant give
competent investigator. information secretly or surreptitiously
and request anonymity.
PRACTICAL TECHNIQUES OF
GATHERING INFORMATION The difference between
informant and informer is that the
Skillful gathering and systematic latter generally paid by the
development of information can be investigator and should be registered
done in the following manner: with the investigator’s agency. In
addition, the confidential informant’s
1. By observing tact or diplomacy in identity is withheld from the public.
performing investigative tasks and
duties. Informers are actually
2. By being friendly and diplomatic informants by profession, usually
with other law enforcers. recruited or paid assets of
3. By not totally relying on memory. investigating agencies. Informers use
4. By keeping records or maintain a file information as a mean of livelihood
of potential criminals, suspected since it is their job to collect criminal
criminals, actual offenders and facts (and sometimes rumors) then sell
informers/informants. them to law enforcement. If they
provide information, they always
expect something in return.
Types of Informants
1. Anonymous Informant – These
include those anonymous letter
sender, phone callers, or text senders
who give information about suspects
or fugitives of justice.
2. Rival-Elimination Informant –The
identity of these informants is usually
anonymous since their purpose in
providing information is to remove
their competitors.
3. False Informant – These people
reveal information usually of no
consequence or stories concocted
from nowhere.
4. Frightened Informant – These
informants are compelled by fear.
These informants are motivated by
anxiety and self-preservation of his
well being and will furnish information
to protect him or sustain self
importance.
5. Self-aggrandizing Informant –
moves around the centers of criminals,
group or syndicate and delights in
surprising the police about bits of
information.
6. Mercenary Informant – the
informant has information for sale. He
may have been victimized in a
double-cross of little share in the loot
or given a dirty deal and seeks
revenges as well as profit in his
disclosure.
7. Double Crosser Informant – he uses
his seeming desire to divulge
information as an excuse to talk to the
police in order to get more
information from them than he gives.
8. Women Informant – a female
associate of the criminals, who was
roughed up, marginalized in the deal
or beings eased out from the group,
care must be given to this kind of
informant because women, given the
skills and expertise are more
dangerous than men.
9. Legitimate Informant – desire to give
information that springs from
legitimate reasons. They may be a
legitimate business operator who
abhor the presence of criminals in
their trade and parents who are afraid
that their siblings will be influenced by
their friends who are suspected to be
criminals.
MOTIVES OF INFORMANTS
1. Vanity – the motive is for self-
aggrandizement by gaining favorable
attention and importance by the
police.
2. Civic Mindedness – imbued with the
sense of duty and obligation to assist
the police in their task.
3. Fear – is an engendered illusion of
oppression from enemies or from
impending dangers.
4. Repentance – those lesser criminals
such as accomplices or accessories
who will have a change in heart to
unburden their conscience.
INTERVIEW
As applied in criminal
investigation, interview refers to the
simple and friendly questioning of a
person who has knowledge relevant
to the crime or case under
investigation. The person being
questioned during interview is usually
ready, willing and able to talk freely.
He willingly provides information how
a criminal incident took place thus
offering testimony in his own manner
and wordings.
The Golden Rule in Interviewing
Never conduct (or let anyone
conduct) an interview if the
interviewer has not gone to the crime
scene.
Questions during the interview
should agree with the facts and
conditions at the crime scene. If the
interviewer did not personally see the
crime scene, his questions will be
inconsistent. Since the questioning
process is not systematic, the
interviewer might not be able to
distinguish half-truth, exaggeration or
falsehood from the answer of the
person being interviewed.
Types of Interview used in Criminal
Cases
1. Background Interview
This is the kind of interview that is
focused only on obtaining data
regarding the personal background of
the subject. This is the simplest type of
interview used in criminal cases.
2. Subjective Interview
This is the type of interview
whereby questions are phrased in a
manner such that the subject’s
answers are based on his personal
opinion or views.
3. Objective Interview
In this type of interview,
questions are designed to acquire the
basic and specific data or facts
regarding a criminal case. This is the
type that complies with the six (6)
cardinal points of criminal
investigation – 5 W’s and 1 H.
4. Cognitive Interview
The type of interview
appropriate for willing and
cooperative witness. Witnesses of this
kind should be given the opportunity
to narrate their accounts without
intervention, interruption and
interference from the interviewer.
Three Stages of Interview
1. Preliminary Interview
This is the initial questioning of a
subject. It is usually conducted at the
crime scene though it may be carried
out also at the subject’s home or
workplace.
2. Follow-up Interview
This is the 2nd or succeeding
questioning to:
a. Obtain further information that was
missed during the first questioning.
b. Clarify data that has been already
gathered.
3. Final Interview
This is the last questioning that
may lead to the act of offering a
witness to testify in court during trial.
THE PRINCIPLE BEHIND INTERVIEW AND
INTERROGATION
The ultimate objectives of
interviewing and interrogating are to
know the truth about the crime under
investigation, particularly the identity
of those responsible for the crime. This
truth must be established in order to
eliminate the innocent from suspicion.
Thus, investigators must question every
person involved in a criminal case to
obtain all the information necessary in
ascertaining the truth.
Every investigator planning to
conduct an interview or interrogation
must not forget the working principle.
The basic secret of successful
questioning is this principle:
☺“The
RIGHT officer asking the
RIGHT questions in the RIGHT manner
at the RIGHT time and in the RIGHT
place will get the RIGHT answers”.
INTERROGATION
Interrogation is the aggressive
and confrontational questioning of a
person about his participation in a
crime. The subject of interrogation
may be a suspected offender or a
person who is reluctant or unwilling to
make a full disclosure of information in
his possession which is pertinent to the
investigation of criminal case.
Interrogation is an art employed
in questioning suspects for the purpose
of getting specific information which
could be in the form of admission or
confession about the commission of a
felony or offense.
Interrogation is a formal
questioning whereby aggressive and
accusatory questions can be asked to
the subject. It refers to the questioning
of suspects, culprits, offenders, or
perpetrators of crime. In practice, it
can be used in questioning hostile
witnesses.
Purposes of Interrogation
Specifically, the purposes of
interrogating suspects in criminal
cases are as follows:
1. To extract confession, if not
admission, from a criminal suspect;
2. To elicit valuable information from
uncooperative or unwilling witness;
3. To learn the surrounding
circumstances of a criminal incident;
4. To determine the existence and
location of physical evidence such as
weapons, drugs and documents;
5. To learn the identity of principles,
accomplices and accessories;
6. To discover or locate the fruits of the
crime and instruments of the crime;
7. To develop additional leads for the
solution of criminal cases;
8. To discover details of other crimes in
which the suspect has participated.
Setting of Interrogation
Custodial interrogation, also
known as in-custody interrogation, is
the skillful questioning of a suspect or
a hostile witness to divulge information
on the crime being investigated. This is
the term used to describe the
questioning carried-out by the
investigator if the suspect is already
under police custody.
It is strongly recommended that
custodial interrogation should be
conducted in a private interview-
interrogation room without ornaments
and distractions. The furniture should
consist of a table and only enough
chairs for the suspect, and
interrogators. For psychological
reasons, the interrogators’ chair should
be slightly higher than the suspect’s.
There should be no windows in the
room and suspect should sit with his
back at the door. A one way mirror,
disguised as ordinary mirror, is also an
integral part of the interrogation room.
Stages of the Interrogation Session
1. Initial Stage (Introductory part)
 Introduction of material
necessary to establish the integrity of
the interrogation:
a. Clearly state the reason for
the suspect’s presence and establish
the crime about which he/she is to be
questioned, the name of the victim,
and the time and place of crime
b. Level with the suspect by
indicating or explaining that the
interrogation is not an attempt to
deceive but an inquiry being
conducted because evidence has
indicated his knowledge of, or
participation in, the crime under
investigation.
2. Focusing Stage (Main Body)
a. Questions are concerned
with the activity and whereabouts of
the suspect about the time of the
crime.
b. Questions are concerned
whether the suspect had ever been at
the scene or in contact with the victim
and under circumstances.
3. Concluding Stage (Closing Part)
a. In case of confession, take a
formal statement of the suspect.
b. Ask the classic concluding
questions such as “Is there anything
else you wish to talk about or any
correction you wish to make in your
story at this time”.
c. In case of full disclosure,
suspects maybe asked for permission
to:
- search certain premises
- ride about with the investigator
to identity other location or criminal
activities of persons involved
- participate in an identification
line-up
- visit the crime scene for a re-
enactment
INSTRUMENTATION
Instrumentation maybe defined
as the application of instruments and
methods of physical sciences to
detect and investigate crimes. It is the
sum total of the application of all arts
and sciences in crime detection and
investigation.
Instrumentation is sometimes
referred to as criminalistics. However,
instrumentation is more than
criminalistics since the former includes
all the scientific and technical
methods, including arts, by which
perpetrators of crimes maybe traced,
identified, located and thereby
apprehended.
Criminalistics, sometimes called
forensic science, refers to the
profession and scientific discipline
directed to the recognition,
identification, individualization and
evaluation of physical evidence by
applying the natural sciences in
matters of law and courts. It is
considered an allied field of
criminology that deals with the study
of criminal things, particularly physical
evidence.
METHODS OF IDENTIFYING OFFENDERS
1. Confession – is an expressed
acknowledgment by the accused, in
a criminal case, of the truth of his guilt
as to the crime charged. There is no
implied confession, for it is a positive
and direct acknowledgment of guilt.
Confession is the best means of
identifying a criminal or an offender.
2. Eye-witness Testimony – is the
statement of the person whom the
investigator believes to have direct
knowledge of what possibly transpired
– before, during and after the
commission of an offense. This may
include an intelligently conducted
“line up”, to eliminate the process of
suggestion, as one of the factor during
identification.
3. Circumstantial Evidence – is an
identification which is establishe4d
indirectly, by proving other facts or
circumstances from which, either
alone or in connection with other
facts, the identity of the perpetrator
can be inferred or reasonably
concluded. Circumstantial evidence
must be in a series, consistent and
coherent manner.
4. Associative Evidence – these are
the physical evidences which may
identify the criminal by means of
clues, hints and personal properties.
The offender may leave some clues at
the scene of the crime, such as
weapon, tools, garment, fingerprint,
foot impression and others. Crime of
violence may leave evidence of
struggle.
5. Modus Operandi File – this refers to
record system of the “methods of
operation” (m.o.) files of the criminals.
The development of police M.O. files is
based on the theory that a criminal,
like other human beings, develop
habits. The criminal who is successful
with a particular method in
committing a crime will likely continue
to use the method in committing
future crimes. As a result of the success
factor the particular method can
become a lasting part of the
offender’s criminal behavior. It is
through these M.O. files that the crime
patterns of an individual suspect or a
group of suspects can be evaluated
and followed or at times predicted as
to a forthcoming occurrence.
6. Computer Evidence – this refers to
evidences which were collected in
relation to a computer crime.
Standard operating procedures shall
be followed in handling these kinds of
evidences.
STANDARD PROCEDURE OF
RECORDING INVESTIGATIVE DATA
1. Sworn Statement – is the testimony
of the person reduced into writing
under oath or affirmation, before a
person authorized by law to administer
oaths, in answer to questions and
cross interrogation, submitted by the
party desiring the sworn statement
and the opposite party.
2. Photographs – there must be a
series of photographs of the crime
scene to supply the maximum
information and to enable the viewer
to understand how the crime was
committed. To insure admissibility of
photographs in court, the following
minimal requirements must be
observed by the investigator:
a. The object represented
should not be immaterial or irrelevant.
b. The photograph should not
be unduly incite prejudice or
sympathy.
c. The photograph should be
free from any distortion or deformity.
3. Sketches – the sketch is the simplest
and the most effective way of
showing actual measurements and of
identifying significant items of
evidence in their location at the crime
scene. A sketch is supplementary
evidence to photographs.

Elements of Sketch:
a. Measurement – this must be
accurate.
b. Compass direction – a standard
arrow that designates the “north”
orientation must be indicated, to
facilitate correct orientation.
c. Essential items – the sketch must
include important items of
investigation.
d. Scale or Proportion – the scale of
the drawing to be shown depends on
the area, amount of detail and the
size of the drawing paper available.
e. Legend – this refers to the
explanation of the symbols used to
identify the objects found inside the
crime scene. Excessive lettering on the
sketch must be avoided, in order not
to obscure the essential items.
f. Title – this includes case
identification, victim’s identification,
scene portrayed, location, date and
hour made and the name of the
sketcher.
PROCESSING THE CRIME SCENE
☺ Not all crimes produces “crime
scene”, where from traces of its
commission are usually found. Crime
like forgery and embezzlement, do
not usually produce a distinct crime
scene, wherein the investigator can
focus his attention.
When a crime scene has
developed on account of the
commission of a crime, the
investigator must conduct a thorough
search of it, to find traces of its
commission, like clothing that was left
at the crime scene, fingerprints, blood
stains, over-thrown or disturbed
furniture and articles. Traces at the
crime scene may be viewed in active
or passive sense, like – the effect of
the criminal on the scene and the
manner in which the scene may have
imparted traces to the criminal.
When the case is relatively
important, to insure thoroughness of
the investigation, several investigators
may be assigned to handle the case.
They have to work as a team, based
on the assignment of duties and
recommended arrangement.
The basic guides of the
investigator that will be looked upon
during the conduct of the search are
evidences to establish one or more of
the following:
1. The corpus delicti or the facts
that a crime was committed.
2. The method of operation of
the perpetrator.
3. The identity of the guilty party.
Under the mechanic of search,
if the area to be searched is limited,
indoor with few
TRAFFIC MANAGEMENT EVALUATION
Definition of Term:
Traffic – refers to the movement of
persons, goods and vehicles either
powered by animal drawn vehicle or
by combustion system from one
place to another for the purpose of
safe travel.
Traffic Management – an executive
functions such as planning, organizing,
supervising, directing, coordinating,
operating, recording and budgeting
the affairs of traffic. (General
Definition).
- (under Specific Definitions) this
refers to all agencies having
responsibilities for ascertaining traffic
flow requirements such as planning,
approving, funding, constructing, and
or maintaining public facilities for
such movement.
- All agencies responsible for
licensing, approving, restricting,
stopping, prohibiting, or controlling the
use of these facilities.
Four (4) E’s in Traffic Management
1. Traffic Engineering – the science
of measuring traffic and travel,
the study of the basic laws
relative to the traffic flow and
generation, and the application
of this knowledge to the
professional practice of
planning and the operating
traffic systems to achieve safe
and efficient movement of
persons and goods.
2. Traffic Education – the process
of giving training and travel and
practice in the actual
application of traffic safety
knowledge.
3. Traffic Enforcement – the action
taken by the police, such as
arresting, issuing traffic citation
ticket, and giving warning to
erring drivers for the purpose of
deterring and discouraging
future repetitions and or
preventing such violations.
4. Traffic Ecology/Environment –
the study dealing with
potentially disastrous population
expulsion, changes in urban
environment due to the scale
and destiny of a new urban
concentration and new
activities carried out, air
pollution, water pollution and
crowding, especially transport
congestion which result therein.
Fire Technology and Arson
Investigation
Properties of FIRE:
A. Physical Properties
1) Specific Gravity- the ratio of the
weight of a solid or substance to
the weight of an volume of
water
2) Vapor density – the weight of a
volume of pure gas compared
to the weight of a volume of dry
air at the same temperature
and pressure.
3) Vapor pressure – the force
exerted by the molecules on
the surface of the liquid at
equilibrium.
4) Temperature – the measure of
thermal degree of the agitation
of molecules of a given
substance; the measure of the
molecular activity within a
substance.
5) Boiling point – the constant
temperature at which the vapor
pressure of the liquid is equal to
the atmospheric pressure.
6) Ignition temperature or kindling
temperature- the minimum
temperature to which the
substance the air must be
heated in order to initiate or
cause self-contained
combustion without the
addition of heat from outside
sources.
 7) Fire point- the temperature at
which the material will give off
ample vapors to keep burning.
There is usually about 5 to 10
degrees differences between
the flashpoint and the fire point
of most materials. Since these
two are just a few degrees
apart.
8) Flashpoint- the temperature at
which a material is not hot
enough to keep burning, but still
gives off enough vapors to
cause a flame to “flash” across
the surface. The term
“flashpoint” is used to express
the condition of a fuel
vaporizing, whether or not it is
vaporizing fast enough to keep
burning.
B. Chemical Properties:
1. Endothermic reaction –
are changes whereby
energy (heat) is absorbed
or is added before the
reaction takes place.
2. Exothermic reaction –
reactions or changes that
release or give off energy
(heat) thus they produce
substance with less
energy than the
reactants.
3. Oxidation – a chemical
change in which
combustible material
(fuel) and an oxidizing
agent react.
4. Combustion/flame – the
manifestation of fire when
the fire is in its gas-phased
combustion. A matter
that is produced by fire.
Fire - is simply the perceptible phase
of burning or combustion, which is the
chemical
Combination of oxygen in the
air with carbon contained in matter.
- a form of combustion
Combustion – is a self-sustaining
chemical reaction producing energy
or products the cause more reactions
of the same kind is an exothermic
reaction
Theories of Combustion
Fire Triangle Theory
The graphical representation of the
three elements of fire.
☺Elements of Fire:
1. Heat
2. Oxygen
3. Fuel (Reducing Agent)
NOTE: Air Atmosphere
Oxygen Requirement
1. 21% Oxygen
1. 12% No Fire
2. 78% Nitrogen
2. 14% Flashpoint
3. 1% other gases
3. 21% Fire Point
Fire Tetrahedron Theory
Components/elements
1. Oxygen 3. Heat
2. Fuel 4. Chemical
Chain Reaction
Product of Combustion
1. Fire gasses - are those that
remain when other products of ☺ NOTE: Water freezing point 32oF
combustion cool to normal 0oC Boiling point 212oF 100oC
temperature.
Ex: Hydrogen sulfide, 4. Smoke – it is the visible product of
carbon dioxide, carbon monoxide, incomplete combustion usually a
sulfur dioxide, ammonia, hydrogen mixture, oxygen, nitrogen, carbon
cyanide, nitrous and nitric oxide. dioxide, carbon monoxide, finely
divided particles of soot and carbon.
2. Flame - it is the luminous body of
a burning gas which gets hotter and Phases of Burning/three stage of fire
less luminous when mixed with more 1. Incipient/Beginning Phase – it is
oxygen. the initial stage of fire
- Incandescent gas 2. Free Burning Phase – the second
phase of burning in the
Types of Flames: presence of oxygen
A. According to Color and 3. Smoldering Phase – the final
Completeness of Combustion: phase of burning where in flame
1. Luminous Flame – a reddish- ceases but dense smoke and
orange in color; incomplete heat completely fill the
combustion lower temperature confined room.
2. Non-Luminous Flame – Bluish
in color: a product of complete Type of Poisonous Gases:
combustion: 1. Hydrogen Sulfide (H2S) – a fire
Highest temperature gas formed during fires involving
B. According to burning Fuel and Air organic material containing
mixture sulfur such as rubber, hair,
1. Premixed Flame – example of a wood, meat hide. It is colorless
Bunsen Burner highly toxic gas with the strong
2. Diffusion Flame – example of odor of rotten eggs. Ignites at
Flame of the Oxyacetylene 500oF (260oC)
torch 2. Hydrogen Cyanide (HCN) – a
C. Based on Smoothness toxic fire gas found in oxygen-
1. Laminar Flame – Smooth Flame starve fires involving nitrogen-
2. Turbulent Flame – Rough Flame containing materials such as
wool, silk, methane, polymides
3. Heat – a form of energy and acrylics.Hydrogen Cyanide
measured in degree of smells like bitter almonds which
temperature, it is the product of may not be easily detected.
combustion that spread the 3. Hydrogen Choride (HCL) – a gas
fire. which can be fatal after only a
breath’s is produced in fires
involving chloride containing
plastics.
 Fire Suppression- means slowing
Classification of Fire down the rate of burning
Fire Control – means keeping
A. Based on Cause: the fire from spreading or holding
1. Natural Fire the fire to one are.
2. Accidental Fire
3. Intentional Fire Extinguishment – is putting the
completely out
B. Based on Burning Fuel Halon – Halogenated
Class of Fire Hydrocarbon
Extinguishing Agent

1. Class Q - Ordinary Combustible solids AFFF,Fire/Arson

Water, Investigation
Dry Chemical (Sodium
Ex. grain, grass, wood, paper, Bicarbonate, Potassium Bicarbonate),
etc. HalonFour General Classes of Fire Causes
2. Class B - Flammable Liquids 1. Natural Fire – lighting,
Ex. oils, gasoline, etc. Foam, Carbon spontaneous
dioxide,ignition.
Halon (Carbon
3. Class C – electrical fires. Fire involves 2. Accidental Fire
tetra chloride, Dry Chemical
electrical CO2, Dry 3. Chemical
Arson – Touch off fires
appliances 4. Unknown Fires – Fires which
4. Class D – Combustible Metals Dry Powder, are not classified
Halon as to
Ex. Alloy or metal compounds, cause
sodium, magnesium, marium Dry Chemicals
etc. Three General Classification of Fire
5. Class K – Kitchen Fires 1. Innocent Fire – ex. natural and
Types of Heat Transmission accidental
2. Incendiary Fire – ex. Arson cases
1. Conduction – By direct contact 3. Unknown Fire – ex. Fire of
2. Radiation – Heat waves unknown causes
3. Convection – Air motion
4. Direct Flame Contact NOTE:
Cause – that which made the
Method of Extinguishment fire start.
1. Cooling – lowering the Reason – motive leading to
temperature action
2. Smothering – suppression of
oxygen Types of Fire/Arson Investigation
3. Separation – Removal of fuel Basic Investigation
from the area
Purposes:
1. To determine what property was
damage.
NOTE: 2. What the causes and reasons were
3. The number and extent of injuries or
fatalities
4. And the recommended corrective
actions to prevent recurrence
Technical Investigation
It is an in-depth investigation to
determine more specific details of the
cause and effect and to establish
necessary corrective action.
Reasons:
1. There is suspicion of Arson in
connection with any fire
2. There is suspicion of negligence
or violation of regulation
3. The cause of any Fire is
undetermined (to establish most
probable cause).
4. There is evidence of negligence
or mismanagement in the fire
suppression or rescue operation
5. Loss of life or disabling as a result
of fire.
NOTE:
Arson Investigation- is
conducted to established the element
of the Crime (Arson) identify the
suspect and gather evidences to
prove his guilt.
ARSON
Arson – the willful and malicious
destruction of all kinds of building,
property, structure including personal
property.
The legal aspects of Arson/Fire
Investigation.
1. It is the concern of the fire
investigation to proved,
otherwise no crime exist.
2. The law presumes that fire is
Accidental, hence criminal
design must be shown.
3. Fire caused by Accident or
negligence does not constitute
Arson.
Elements of Arson:
1. Actual burning took place
2. Actual burning is done with
malicious intent.
3. The actual burning is done by
person legally and criminally
liable.
Basis of Criminal liability in Arson
1. Kind and Character of the
building burned.
2. Location of the building.
3. Extent of value of the damage
4. Whether inhabited or net
What constitute Arson?
1. Burning - there must be burning
or charring.
2. Will fullness – act was done
purposely and with intention
3. malice – will to do harm to
another
4. Motive - is what induces the
criminal act
5. Intent – the purpose or design
with which the act is done and
involves the will to do the act.
☺NOTE:
Willfulness and Malice
are the two mental elements of
criminal intent.
1. Origin
2. Motive
3. Identification of prime suspect
4. Identification of sitter
Method of Proof in Arson
Most of the physical evidence in
Arson is often destroyed. To prove
 Arson was committed, corpus - employees or such other
delicti must be shown and the person who has grievance
identify of the Arsonist must be - those with desire to conceal
established. evidence of crime.
Corpus Delicti - those who sets fire for purpose
1. Burning – that there was fire of intimidation
that nay be shown by direct 2. Person with out motives
testimony - those who are mentally ill
Ex. Witness, Firemen, - pathological fire setters
Complaint: the Burned Building - pyromaniac
2. Criminal Design – A willful and - psychos
intent action done must be shown
Ex. Incendiary device, Three types of Fire-setter
Flammable substance/materials 1) Plants
3. Evidence of Intent – valuable 2) Trailer
were removed from the building 3) Accelerants
prior the fire. 4) Mechanical Contrivance
- ill-feeling between 5) Chemical Contrivance
accused and occupants Indication of color of Smoke & Fire
Color of Material/Substance
Motives of Arson: Smoke
1. Economic Gain Black smoke Petroleum products
- Insurance fraud with deep such as Tar, Rubber,
- Desire to dispose red flame Plastics, etc.
merchandize Nitrogen Products
2. Concealment of crime – to Heavy Magnesium Product
destroy evidence brown with Asphalt
3. Punitive measure – to inflict bright red
injury to another flame Potassium Products
4. Intimidation/Economic White Calcium Products
Disabling – to intimidate; to smoke with Plant products such as
sabotage bright flame Hay, Straw, Grasses.
5. Pyromania – the Black smoke
uncontrollable impulse of a with red &
person to burn anything without blue
any motivation. Green flame
Ex. abnormal youth, Hero type, Purple-violet
Drug addict & alcoholics, Sexual flame
deviates pervert Bright reddish
NOTE: Fires are set two type of person Yellow flame
1. Person with motives Grayish
- those with desire to defraud smoke
insurer
☺NOTE:
4) If the building or property is
Red Flames indicate insured for substantially more
presence of petroleum products. Blue than its actual value at the time
Flames indicate use of alcohol as of the issuance of the policy;
accelerant. 5) If during the lifetime of the
corresponding fire insurance
policy more than two fires have
PD 1613 Amended law on Arson. occurred in the same or other
premises owned or under the
Sec. 4 Special Aggravating control of the offender and/or
Circumstances in Arson insured;
6) If shortly before the fire, a
1) If committed with intent to gain; substantial portion of the effects
2) If committed with the benefit of insured and stored in a building
another; or property had been
3) If offender is motivated by spite withdrawn from the premises;
or hatred towards the owner or 7) If a demand for money or other
occupant of the property valuable consideration was
burned; made before the fire in
4) If committed by a syndicate exchange for the desistance of
the offender or for the safety of
Sec. 6 Prima Facie Evidence of Arson the person or property of victim.
1) If the fire started simultaneously
in more than one part of the Sec. 8 Confiscation of object of Arson
building or establishment; The building which is the object of
2) If substantial amount of arson including the land on which it is
flammable substances or situated shall be confiscated and
materials are stored within escheated to the state, unless the
the building not necessary in the owner thereof can prove that he has
business of the offender nor for no participation.
household use;
3) If gasoline, kerosene, petroleum, The authority on the issuance of the
or other flammable or fire certificates in the NCR and other
combustible substance or regions.
materials soaked therewith or
containers thereof, or any
mechanical, electrical,
chemical, or electronic
contrivance designed to start a
fire, or ashes, or traces of any of Authority Aggregate
the foregoing are found in the Damage
ruins or premises of the burned
building or property; 1. Municipal Fie Not exceeding
Marshall P 10,000 CHARACTERISTICS OF ORGANIZED
2. City Fire Marshall Not exceeding CRIME
3. District/Provincial P 20,000 o Team Work
Fire Marshall Not exceeding o Hierarchical Structure
4. Regional Fire P 30,000 o Planning
Marshall Above P 30 M o Division of Labour
but not o Violence
exceeding P 50 o Effective control of its members
M o Not limited to illicit services
ACTIVITIES OF ORGANIZED CRIME
o Narcotics distribution
Organized Crime Investigation o Gambling.
o Prostitution.
DEFINITION OF ORGANIZED CRIME o Illegal Sale or Distribution of
Complex set of people and functions Firearms.
interratedly in hierarchical structure o Money Laundering. Kidnapping.
specifically for the purpose of o Human Trafficking.
attaining set goals. o Bank Robberies.
Organized crime is both a social o Blackmailing.
system and a social world. The system TYPES OF ORGANIZED CRIME
is composed of relationships binding o GANG CRIMINALITY The Gangs
professional criminals, politicians, law operate on a large scale. Hard
enforcers, and various entrepreneurs. criminals are the member of this.
(Block, Alan A. 1983) They don’t hesitate to kill or use
- Any group having a corporate of violence. They use modern
structure whose primary objective is to arms. These criminals are
obtain money through illegal activities, disciplined but dangerous.
often surviving on fear and corruption. o RACKETEERING It includes
(Paul Nesbitt Interpol 1993) dishonest way of getting
- "organized crime" means any money. They live on other men’s
continuing unlawful activity by an money. Racketeers don’t like
individual, singly or jointly, either as a gang criminals. They give
member of an organized crime regular fixed money to their
syndicate or on behalf of such bosses.  They take protection
syndicate, by use of violence or threat money from the businessmen.
of violence or intimidation or coercion, o SYNDICATED CRIME The
or other unlawful means, with the syndicates create their own
objective of gaining pecuniary business procedure. They avoid
benefits, or gaining undue economic using violence. Society knows
or other advantage for himself or any these syndicate members as
person or promoting insurgency; respectable citizens and high
(MCOCA 1996) status persons. They operate in
big metropolitan areas. The
 leaders gather at fixed place to o Disregard for the rights of others
discuss problems. (little or no remorse) Difficulty
STRUCTURE OF ORGANIZED CRIME learning from experience
o At the top of the family is the (absence of internal guilt)
boss. Unstable work and personal
o Beneath the boss is a counselor relations (exploitation)
and an under-boss. Repeated brushes with law
o Beneath the under-boss are the (abuse alcohol or drugs)
lieutenants. DEPENDENT PERSONALITY
o Below the lieutenants. Fear of Abandonment or
o Membership in the family Separation (Clinging Behavior).
entitles the member to run his Needs others to assume
own rackets using the family’s responsibilities for major life areas.
connections and status. Difficulty expressing disagreement.
o Corporate model: A formal Excessive efforts to obtain
hierarchy in which the day-to- nurturance (volunteering).
day activities of the Outcomes Resentment (inability to
organization are planned and control frustration and anger).
coordinated at the top and

☺DIFFERENT LEVELS OF RELATIONSHIP

carried out by subordinates.
o The feudal model of the LCN (La
Cosa Nostra: Commonly BETWEEN O.C. AND CORRUPTION
referred to as the Mafia) views it 1st Level: Bribery
as a loose connection of 2nd Level: Continuous Acts of Bribery
criminal groups held together (“On payroll”)
by kinship and patronage. 3rd Level: Infiltration into Government
STANDARD HIERARCHY Agencies
PSYCHOLOGICAL TRAITS 4th Level: Infiltrating the Government
o Antisocial Personality (or (Higher level)
Sociopath) Dependent 5th Level: Infiltrating the Political Arena
Personality
o ANTISOCIAL PERSONALITY 2-3% 1ST LEVEL: BRIBERY The bribe is offered
of population (80% male; or solicited for a single act. For
primarily urban settings) example: to obtain a passport,
o Genetic and Environmental licenses or to get information
influences designed to enable Criminal
advantage.
Core Clinical Features  BENEFITS OF THE BRIBERY ACTS
o Pathological deceptions and The O.C. Groups obtains an
manipulations Underdeveloped advantage. False identities and
autonomic nervous system documents. Advance
Intolerant to frustration (delay of information about police
gratification) activity. Manipulation of official
records. Disappearing
 evidence. Access to jury 2) “Buying” the Job. The O.C.
identities. group bribes or blackmails
2ND LEVEL: CONTINUOS ACTS OF officials to place its members
BRIBERY (“ON THE PAYROLL”) Bribe and friends in the government
payments are ongoing. Ensures a post.
continuous flow of information and 4TH LEVEL: INFILTRATING THE
protection from police intrusion into GOVERNMENT (HIGHER LEVEL) This
criminal activities.  infiltration can encompass entire
 BENEFITS OF THE CONTINUOS branches or higher ranking officers.
BRIBERY ACTS O.C. Groups Top Officials in Law Enforcement,
obtain constant access to Prosecutor’s Office and other sensitive
confidential information government offices.
allowing them to maintain  METHODS USED TO INFILTRATE
patterns of illegal activity  The THE HIGHER LEVELS OF
O.C. Groups remain “one step GOVERNMENT
ahead” of Police  1) Placement of Corrupted
 MEASURES TO AVOID THE Officers into Higher Office  The
BRIBERY ACTS Strength the O.C. group use bribery and
socio-economic status of public blackmail to support Officers
officers with fair and previously corrupted by their
competitive salaries. Implement organization to higher ranks with
strong penalties for breaches of broader access to information.
public duties. Encourage This “support” is repaid to OC
“whistle-blowers”. Train and with increased protection and
assign Integrity Officers to access to more useful secret
corruption-prone government police information
operations. Reduce individual 2) Control of the Chief of
discretion. Section/Region. Bribery,
3RD LEVEL: INFILTRATION INTO blackmail and coercion is used
GOVERNMENT AGENCIES. infiltration is to control the chief decision-
sporadic within lower ranking official maker of an entire branch of
positions. OC members and friends government. OC can continue
gain employment in law enforcement operating with very little risk of
agencies, judiciary Prosecutor’s Office discovery or successful
and other operations. prosecution.
 HOW IS INFILTRATION  MEASURES TO AVOID THE
ACCOMPLISHED? INFILTRATION OF O.C. GROUPS
1) Applying for Job Vacancies  Transparency in the hiring
The O.C. group supports one or process including public
more members or friends to notification of potential
participate and apply for job candidates. Strengthening
vacancies with the promotional testing and strict
Government. secrecy of test questions 
Vetting process thorough
 background investigations and Media concentrations,
polygraph test (updated combating monopoly.
financial statements, family ties, Increasing the transparency of
etc.). Public disclosure of assets contributions. Knowing better
5TH LEVEL: INFILTRATING THE the previous profiles of the
POLITICAL ARENA O C Groups Politicians
Congressmen Politicians (Mayors,
Governors) Law Enforcement REVIEW NOTES IN DRUG EDUCATION
(Security) Ministers AND VICE CONTROL
 HOW IS POLITICAL INFILTRATION Terms in the study of Drug Abuse
ACCOMPLISHED? Participating • Drug: Traditionally, drugs are
in Political Campaigns (giving synthetic chemicals used as
money, media support and medicine or in the making of
others). Buying votes for medicines, which affects the
candidates and corrupting the body and mind and have
democratic election process. potential for abuse. Drugs in its
Lobbying other politicians for criminological meaning, refers
support using bribery and to substances, other than food
blackmail. Exploiting O.C. and water that is intended to
Members’ family links. Creating be taken or administered for the
“debts” for politicians to “repay” purpose of altering, sustaining or
later by using blackmail and controlling recipient’s physical,
extortion. mental or emotional state.
 BENEFITS OF POLITICAL • Drug Abuse: It is the illegal,
INFILTRATION “Friendly” wrongful or improper use of any
prosecutors and judges more drug.
easily ignore criminal activity. • Drug Addiction: It refers to the
O.C. Groups can gain public state of periodic or chronic
support by performing or intoxication produced by the
supporting “civic” functions. repeated consumption of drug.
O.C. criminal activity can be • Drug Dependence: It refers
masked or overlooked by to the state of psychic or
favorable public perception. physical dependence or both
Impartial juries are more difficult on dangerous drugs following
to empanel. Perceived alliances the administration or use of that
with elected political figures drug. WHO defines it as the
tend to legitimize O.C. periodic, continuous, repeated
 MEASURES TO AVOID THE administration of drug.
POLITICAL INFILTRATION OF O.C. • Drug Experimenter: One
GROUPS The State have to how illegally, wrongfully or
increase the financial support of improperly uses any narcotic
the political parties, during substances for reasons of
political campaigns. curiosity, peer pressure or other
Strengthening the Laws of similar reasons.
• Drug Syndicate: It is a network towards the changes of the
of illegal drug operations health of the person to prepare
operated and manned him from his fullest life potentials
carefully by groups of criminals and capabilities, and making
who knowingly traffic through him law abiding and productive
nefarious trade for personal or member of the community
group profit. without abusing drugs.
• Drug Use: The act of injecting, Brief History of Drug Abuse
consuming any dangerous • The story of drug abuse has
drugs. The means introducing deep roots in the history of
the dangerous drugs into the mankind. It was known that
physiological system of the marijuana is considered to be
body. the world’s oldest cultivated
• Narcotic Drug: Refers to illegally dangerous drugs since 9,000 BC
used drugs or dangerous drugs seen in India, Morocco, Mexico
which are either prohibited or and Peru.
regulated drugs. It also refers to • From the Book of Judges (Old
drugs that produces sleep or Testament) mighty Samson, was
stupor and relieves pain due to put top sleep by a seductive
its depressant effect on the woman Delilah by means of
CNS. The term Narcotic comes Drug Laced Wine.
from the Greek word • Ancient Greek and Roman
“narkotikos” which means sleep Literature show the existence of
or dream. It is sometimes known drugs as in the lamentable and
as “opiates”. tragic romance of Mark
• Physical Dependence: An Anthony and Cleopatra, who
adaptive state caused by because of desperation over
repeated drug use that reveals her disprized love, she drank a
itself by development of intense narcotic-laden wine before
physical symptoms when the allowing herself to be beaten to
drug is stopped (withdrawal death by a poisonous asp from
syndrome). the River Nile.
• Psychological Dependence: An • Drug crazed Emperor Nero, who
attachment to drug use which poisoned his mother to death
arises from a drug ability to through a drug believes to be
satisfy some emotional or “high on drugs” then burn
personality needs of an Rome.
individual. • A drug was believed to have
• Pusher: Any person who been used to treat and relieve
sell, administer, deliver or give body or human pains as reveal
away to another, distribute, by Hypocrates, the Father of
transport any dangerous drugs. Medicine.
• Rehabilitation: It is a • Historians credited that
dynamic process directed Marijuana (Cannabis Sativa) is
 the world’s oldest cultivated
plant started by the Incas of
Peru.
SOCIOLOGY OF CRIMES AND ETHICS
SOCIOLOGY AND
ETHICS…………………………………278
x. Introduction to
Criminology…………………………..279
y. Human Behavior and Crisis
Management ……………………….288z.
Juvenile Delinquenc…………….293
Introduction to criminology
☺Historical background
- criminology emerged in Europe in
the 18th century
- criminology emerged in America in
the early 20th century
- criminology in the Philippines- PCCR –
the first educational institution to offer
criminology course, formerly known as
Plaridel college(1950’s)
Schools of criminology
Two prominent schools of criminology
or two major schools of thoughts in the
criminology
1. Classical school
 Founded by Cesare Beccaria
(Cesare Bonesana Marchese
Deccaria 1755 to 1764
 The classical theory maintains
that man is essentially a moral
creature with absolute free will
to choose between good and
evil, therefore stress is placed
upon the criminal himself, that
every man is responsible for his
act.
FREE WILL (BECCARIA) a philosophy
advocating punishment severe
enough for people to choose to avoid
criminal acts.
HEDONISM-(BENTHAM)the belief that
people choose pleasure and avoid
pain.
JEREMY BENTHAM(1832)- who
proposed “utilitarian”.
HEDONISM” – the theory which
explains that a person always acts in
such a way as to seek pleasure and
avoid pain, according to him people
weigh the possibility of present and
future pleasures against those of
those of present and future pain. He
proposed a precise pseudo-
mathematical formula for his process
which he called “felicitous calculus”
according to his reasoning individuals
are human calculators who put all the
factors into equation in order to
decide whether or not particular
crime is worth committing.
-CESARE BECCARIA wrote “AN ESSAY
CRIMES AND PUNISHMENT”-abolition of
torture
-JEREMY BENTHAM AND BECCARIA the
two main advocates of the classical
school of criminology
THE NEO-CLASSICAL SCHOOL OF
CRIMINOLOGY
- the challenge to the classical
position of absolute free will
- according to the neo-classical
school while the classical doctrine is
correct in general, it should be
modified incertain details:
a. that children and lunatics should
not be regarded as criminals and free
from punishment
b. it must take into account certain
mitigating circumstances.
2. THE POSITIVIST/ITALIAN SCHOOL OF
CRIMINOLOGY (1838-1909)
- founded by Cesare Lombroso
together with his two students;
Enrico Ferri and Raffael Garofalo.
-the emphasis changed from the
free will of the classical school to
the causes of crime.
This school possesses that behavior
is determined by forces beyond
individual control and that it is
possible to measure these forces.
-positivist criminologists view
criminal behavior as stemming from
biological, psychological and
social factors.
☺The approach is deterministic –
Determinism- the theory that
human actions are controlled by
antecedent causes and not only
by the exercise of free will.
-Enrico Ferri, Rafael Garofalo,
Cesare Lombroso- advocates of
the positivistschool –they are all
interested in biological approaches
in the determination of the causes
of crime.
The HOLY THREE IN CRIMINOLOGY
Enrico Ferri, Rafael Garofalo,
Cesare Lombroso
CESARE LOMBROSO
- the father of modern criminology
-his major contribution is the
development of a scientific
approach to the study of criminal
behavior and to reform the criminal
-he wrote the essay entitled:
“Crime : Its Causes And Remedies”
that contains his key ideas and the
classification of criminals.
Classification Of Criminals By
Lombroso:
1. BORN CRIMINALS- there are born
criminals according to Lombroso,
belief that criminal behavior is
inherited.
2. CRIMINAL BY PASSION- are
individuals who are easily influenced
by great emotions like fit of anger.
3. INSANE CRIMINALS- are those who
commit crime due to abnormalities
or psychological disorders. they
 should be exempted from criminal offend the basicmoral sentiments of
liability. probity and piety.
4. CRIMINOLOID- a person who - probity- respect for property of others
commits crime due to less physical - piety- revulsion against the infliction
stamina/self control. of suffering on others.
5. OCCASIONAL CRIMINALS-are
those who commit crime due to DEFINITION OF TERMS:
insignificant reasons that pushed
them to do at given occasion. CRIMINOLOGY- as a field of study
6. PSEUDO-CRIMINALS- are those endeavor along with the criminal law
who kill in self-defense in the eighteen century-the results of
7. EPILEPTOID CRIMINALS- those thinking and endeavor of many
suffering from wild disorders. people.
8. HABITUAL CRIMINAL- career
offenders. BROADEST SENSE:
ENRICO FERRI -the best known CRIMINOLOGY- is the entire body of
Lombroso’s associates, knowledge regarding crime and
parliamentarian, lecturer, brilliant criminals and the effort of society to
lawyer, editor and scholar repress and prevent them. it includes
- his greatest contribution was his within its scope the process of making
attack on the classical doctrine of free laws and of the reactions towards the
will –that is criminals should be held breaking of laws.
morally responsible for their
crimesbecause they must have made NARROWER SENSE:
a rational decisions to commit crime. CRIMINOLOGY – is the scientific study
-he believed that criminals could not of crimes and criminals. it is derived
be held morally responsible for their from the latin word crimen, which can
crimes because they must have made be translated to offense, or
a rational decision to commit the accusation, a tort or a wrong done by
crime. one individual against another.
RAFFAELE GAROFALO(1852-1934)- CRIMEN-CRIME
another follower of Lombroso, an LOGY –STUDY
Italian nobleman, magistrate, senator –it is simply study of crimes
and professor of law. - the word criminology (criminologie)
-he rejected the doctrine of free will was coined by anthropologist Paul
and supported the position that the Topinard in 1889. The widely accepted
only way to understand crime was definition of criminology defined by
tostudy it by scientific methods he Edwin Sutherland
traced the roots of criminal behavior
not to physical features but to their Criminology- is the body of
psychological equivalents which he knowledge regarding crime as a
called moral anomalies social phenomenoncrime maybe
-Natural Crimes (according to defined as:
Garofalo’s theory) are those that
Legal Definition
Crime - is an act or omission in
violation of a criminal law.
Social Definition:
crime – is an act that is injurious,
detrimental or harmful to the norms of
society; they are the unaccepted
acts.
Psychological Definition
crime- is an act which is considered
undesirable due to behavioral
maladjustment of the offender; acts
that are caused by, maladaptive or
abnormal behaviors. Crime is also a
generic name that refers to offense,
felony and delinquency or
misdemeanor.
OFFENSE- is an act or omission that is
punishable by special laws(a special
law is a statute enacted by congress,
penal in character which is not an
amendment to the revised penal
code) such as republic acts,
presidential decrees, executive orders,
memorandum circulars, ordinances
and rules and regulations
felony- is an act or omission that is
punishable by the revised penal code,
the criminal law in the Philippines.
delinquency/misdemeanor- acts that
are in violation of simple rules and
regulations usually referring to acts
committed by minor offenders.
Punishment and the treatment of
criminals;
Principal Division of Criminology
1. Criminal behavior/criminal
etiology–the scientific analysis of the
causes of crime;
2. Sociology of law- the study of law;
3. Penology/correction-the study that
deals with punishment and the
treatment of criminals;
4.Criminalistcs / forensic science- one
more area of concern in crime
detection and investigation.
Criminalistics- is included as a division
in criminology because criminologist
are also engaged in studying criminal
things, analysis of physical evidences
taken from the crime scene left
behind a criminal perpetrator
IMPORTANCE OF STUDYING
CRIMINOLOGY:
studying crime is very important. in
fact, interest in crime has always been
high(Bartol 1995). However,
understanding why it occurs and what
to do about it has always been a
problem.The offer of simple solutions
for obliterating crime is not enough
because of its complexities. But
understanding crime as a complex
phenomenon:
1. a source of philosophy of life-the
knowledge derived from studying
crime is a good foundation for an
individual’s philosophy and lifestyle
2. a background for a profession or for
social service. A background for a
profession or for social service;
3. because criminals are legitimate
objects of interest. they should be
understood in order to know how to
control them;
4. Because crime is costly problem.
the value of property lost, medical
expenses, and insurance, moving
costs, and intangible of pain and
suffering is too high as a result of
victimization.factors affecting
development and existence of crimes
and criminality: these factors are:
1. The GEOGRAPHICAL factors:
earlier criminologist correlated
climate, humidity, wind velocity,
atmosphere pressure, rainfall, nature
of soil and other geographical factors with one another.
to the existence and development of f. humidity and atmosphere
crimes and criminality. Following are pressure - according to survey, large
some of the explanationsformulated numbers of assaults are to be found
by criminologist about geography and correlated with low humidity and a
crimes: small number of humidity. It was
a. north and south pole explained that low and high humidity
according to Duetelet are both vitally and emotionally
“thermic law of delinquency” crimes depressing to the individual.
against person predominate in the g. wind velocity - under the same
south pole and during warm season study. It was explained that during
while crimes against high wind, the number of arrest were
propertypredominate in the north less. It may be due to the presence of
pole and cold countries. more carbon dioxide in the
b. Approach To The Equator atmosphere that lessen the vitality of
according to Montesquie,(spirit of law) men to commit violence.
criminality increases in proportion as 2. The BIOLOGICAL factors
one approach the equator and A. PHYSIOGNOMY
drunkenness increases as one this study of the relationship between
approach the north and south pole. the facial features and human
c. Season Of The Year conduct of a person in relation to his
crime against person are more in crimes. This study or science was used
summer than in rainy season while by Beccariain 1764(crime and
crime against property is more during punishment)and Lavator in 1775
rainy season. climate condition (physiognomical fragment) where
directly affects one’s irritability and they both stated that the way to
causes criminality. During dry season, discover the character of a person is
people get out of the houses more, by:
andcontact and consequently more -observation of his physical
probability of personal violence. appearance
d. soil formation - measurement of the outward
more crimes of violence are recorded appearance
in fertile level lands than in hilly rugged
terrain. There ae more congregations note: both claimed that bald men,
of people and there is more irritation. bearded women, shifty eye, weak
There is also more incidence of rape in chin and arrogant nose are
level districts. inclinations.
e. month of the year
there are more incidences of violent B. Phrenology Or Craniology
crimes during warm months from April - this study of the external formation of
up to July having its peak in May. This the skull that indicates the
is due to may festivals, excursions, confrontation of the brain and the
picnics and other sort of festivals development of its various parts in
wherein people are more in contact
relation to the behavior of the
criminal. Franz Joseph Christaph
Spurzheim claimedin their study that
the shape of the head of the criminals
differ from that of the non-criminals.
The theory however was found
without scientific basis.
C. study of physical defects
and handicapped in relation to
crimesleaders of notorious groups are
usually nicknamed in accordance
with their physical defects and
handicapped such as funny words
“Dorong Pilay”, “Asiong Bingot”
“Densiond Unano” Roger Komang
and others. It is very common that
these criminals are known by physical
handicapped and defects which was
the usual source of irritation during
their childhood days whenever they
become the subject matter of jokes
by others. As a consequence, they
become violent, feel inferior to others
and or being ostracized by the
society. The unfavorable results,
therefore, could be the following:
- persons who are suffering from
physical defects cause poor social
relationship and serious emotional
disturbance;
-it reduces his capacity to complete
occupationally and socially;
- it may cause the development of
inferiority complex
- persons suffering from defects are
frequently irritated by friends and
resort to violent criminal behavior.
D. Study of Kretschmer by classifying
types of physique and the type of
crimes they are prone to commit:
- pyknic type- medium height, broad
face. Those who are stout and with
round bodies. They tends to commit
deception, fraud and violence.
-Athletic Type- those who are medium
to tall, strong and muscular. They
usually connected with violence.
- Asthenic Type – those are skinny,
lean, slightly built, narrow shoulder and
slender. Their crimes are petty thievery
and fraud.
- Dysplastic or mixed type - those who
are less clear evident having any
predominant type. Their offense are
against decency and morality.
E. Study by William Sheldon(variety of
delinquent youth). Types of physique
a. Endomorphic –relatively great
development of digestive viscera;
tendency to put on ft; soft roundness
through various regions short tapering
limbs; small smooth velvety skin.
b. Mesomorphic- relatively
predominance of muscles , bone and
the motor organs or the body, large
wrist and hands, if lean a hard
rectangular outline.
c. Ectomorphic- relatively
predominance of skin and its
appendages which includes the
nervous system lean, fragile delicate
body, small delicate bones, dopy
shoulders small face, sharp nose, fine
hair, relatively small body mass and
relatively great surface area.
☺Temperament
a. Viscerotonic- general
relaxation of body; a
comfortable person; loves
luxury; an essential extrovert
person.
b. Somotonic- active;dynamic;
walks, talks, gestures assertively
and behaves aggressiveley.
c. Cerebrotonic- introvert full of
functional complaints, allergies
 skin trouble, chronic fatigue, b. The study of the Juke Family
insomnia, sensitive skin and to Tree(Dugdale And Estraboolk) The
noise; shrinks from crowd. Juke family consisted of 6 girls some of
F. Study of heredity as the causes of whom were illegitimate. One of the six
crimes: The common household sisters, Ada Juke was known as
expression is like: it is in the blood and “Margaret”, the mother of
like father like son” are usually heard criminals”.Dugdale traced the 1,200
and said whenever there are several descendants for 75 years from its origin
members in the family are and found 280 as paupers, 140
criminals.Accordingly, heredity criminals, 60 habitual thieves, 300
transmits single traits and infants prematurely born, 7 murderers,
characteristics from parents to 50 prostitutes, 440 contaminated with
offsprings. Criminality of the offspring is sexual diseases and 30 were
used to determine the nature of the prosecuted for bastardy.
parents and nature of their crimes. c. Study of Sir Jonathan
Although modern criminologist seems Edwardsfamily tree. Sir Jonathan was a
not to accept the role of heredity in famous preacher during the colonial
the formation of criminal. Behavior of period. When his family tree was trace,
men, it cannot be denied that it is none of the descendants was found
playing a role as a contributory factor to criminal. On the other hand, many
in the genesis of criminal behavior. The become presidents on the USA,
following are some proofs to show the governor, members if supreme court,
role of heredity in the development: famous writers, preacher and
a. Study of Kallikakfamily tree teachers.
(Goddard) - Martin Kallikakwas a 3. Psychoanalytic and psychiatric
soldier of the American revolutionary factors
war and while stationed in a small - psychoanalytic- the analysis of the
village he met and had illicit relations human mind
with a feeble-minded girl. About 489 - psychiatric- the study of the human
descendants from his lineage where mind.
traced which included 143 feebled-
minded criminals and only 46 were Pre-twentieth century
normal. Thirty (36) were illegitimate, 3 (18 th-1738-1798)

epileptics, 3 criminals, 8 kept brothers 1.The classical theory

and 82 died in infancy. 2. Neo-classical theory
At close of the war, Martin Kallikak, 3. Positivisttheory
Sr.returned to his home and married a
quackery of good family. Out of this early twentieth century
marriage 4,967 of the descendants -the rise of the sociological
only two were known to an alcoholic, perspective on crime, criminals and
1 was convicted of religious offense, their behavior.
15 died in infancy and no one
became criminal or epileptic.
Anomie theory Differential association theory (dat)
- by David Emile Durkheim- the theory - by Edwin Sutherland(dean of modern
that focused on the sociological point criminology)
of the positivist school which explains - Sutherland has been referred to as
that the absence of norms in a society the most important criminologist of the
provides a setting conducive to twentieth century because his
crimes and other antisocial acts. explanation about crime and criminal
Consensus theory can be seen as a corrected extension
- it is mainly order, integration and of social perspective. This theory
smooth functioning characterize maintains that the society is
social life. composed of different group
- the order of social life does not organization, the societies consist of a
derive from individuals but from group of people having criminalistic
society because the individual is not tradition and anti-criminalistic
sufficient unto him, it is society that tradition. And that criminal behavior is
receives everything necessary to him. learned and not inherited. It is learned
Psychoanalytical theory through the process of
- by Sigmund Freud(1856-1969) - it communication and learning process
maintains that: includes technique of committing the
- criminal behavior is a form of neurosis crime, motive and attitude.
- crime is the result of the Sutherland’s nine propositions (alder
compulsive needs for punishment to 1995)
alleviate pain and anxiety. 1. Criminal behavior is learned
- criminal behavior is a means of 2. Crime is learned by participation
obtaining gratification of need with others in verbal and non-verbal
- criminal conducts represent a communications
dispatched hostility. Criminality is 3. Families and friends have the most
essentially a representation if influence on the learning process.
psychological conflict 4. The learning process includes of
Human Ecology committing the crime and the specific
- by Robert Ezra Park- sociologist (1864- direction of motives, drives and
1944) attitudes.
- this theory maintaining that crime is a 5. Not everyone in the society agrees
function of social change that occurs that laws should be obeyed, some
along with environment change. people define it unimportant.
Middle twentieth century 6. A person becomes delinquent
because of an excess definition
Somatotyping Theory favorable to the violation of laws over
- originating from the work of a ot the definitions unfavorable to the
German psychiatrist-Ernest violation of laws.
Kretschemer 7. Differential associations vary in
- classifying types of physique and frequency, duration, priority and
type of crimes they are prone to intensity. The extent to which
commit association and definitions which
results in criminality is related to the
frequency of contacts and their
meaning to the individual.
8. The process of learning criminal
behavior by associations and with
criminal and anti-criminal patterns
involves all the mechanism that is
involved in any other learning.
9. While criminal behavior is an
expression of general needs and
value, it is not explained by those
general needs and values, since non-
criminal behavior is an expression of
the same needs and values.
Continental theory
-by Walter Reckless (1899-1988)
-it is a form of control, which suggests
that a series of both internal and
external factors contributes to criminal
behavior
-external pressures(unemployment
and block opportunities)
-inner factors (person’s self-control
ensured by strong ego, good self-
image, well developed conscience,
high frustration tolerance and high
sense of responsibility).
Social class conflict and capitalism
theory
-by Karl Marx, Frederick Engel,
Wilhelm Bonger(1818-1940)
Social Conflict
-that the ruling class in a capitalist
society is responsible for the creation
of criminal law and their ideological
bases in the interpretation and
enforcement of the laws.
-crime and delinquency are reflected
on the demoralized surplus of
population, which is made up of the
underprivileged usually the
unemployed and underemployed
Capitalism theory
-Wilhelm Bonger
-placed more emphasis on working
about crimes of economic gain. He
believes that profit motive of
capitalism generates an egoistic
personality. Hence, crime is an
inevitable outcome.
Late 20th century contemporary
prisoners
Strain Theory advocated by Robert
King Merton(1910)
-maintain that the failure of man to
achieve a higher status of life
caused them to commit crimes in
order for the status or goal to be
attained. That crime is a means to
achieve goals. It assumes that
people are law abiding but under
great pressure will result to crime
Sub-Culture Theory Of Delinquency
-by Albert Cohen(1918)
-Cohen claims that the lower class
cannot socialize effectively as the
middle class in what is considered
appropriate middle class behavior.
Thus, the lower class gathered
together share their common
problems, forming a subculture
that rejects middle class value-the
subculture is called a gang and the
kids are called delinquents
Neutralization Theory
- by Gresham Sykes(1922)
-it maintains that an individual will
obey or disobey societal rules
depending upon her ability to
rationalize whether he is-the
subculture is called a gang and the
kids are called delinquents
Differential Opportunity Theory
-by Llyod Ohlin(1928)
-this theory explained that society
leads the lower class to want things
and society does things topeople. -Quinnery claims that upper classes
-that there is differential create laws that protect their
opportunity or access to success interest and like same time the
goals by both legitimate and unwanted behavior of all other
illegitimate means depending on members of society.
the specific location within the
social structure thus lower class Other theorist
groups are provided with greater -charles darwin’s theory
opportunities for the acquisition of -charles goring theory- goring
deviant acts. contradicted the lobroso’s idea
Earnest Hooton’s Theory that criminality can be seen
-an anthropologist who re- through features alone
examined the work of going and Edward liwingstone (17-64-1836)
found out that tall thin men tend to -was best known for his
commit forgery and fraud, contributions in codifying the law,
undersized men are thieves, short especially the criminal law.
heavy person commit assault, Isaac ray (1807-1881)
rape, and other sex crime, where -acknowledged to the America’s
as mediocre(average) physique first forensic psychiatric who
flounder among crimes. wasinterested throughout his life in
Cartography/cartographical the application of psychiatric
school of criminology principles to the law. He is known
-pioneered by Adolphe Quetelet as the author of the medical
(1796-1874) jurisprudence of insanity.
-the school placed emphasis on Adolphe Quetelet (1796-1874)
social statistics Belgian statistician who pioneered
-based on research, crimes against cartography and the
person increased during summer cartographical school of
and crimes against property tends criminology that placed emphasis
to increase during winter. on social statistics.
Labeling theory -he discovered based on his
-by Frank Tennenbaum, Edwin research that crimes
Lemert And Howard Becker(1822- againstpersons increased during
1982)-the theory maintains that the summer and crimes against
original cause of crime cannot be property tends to increase during
known, no behavior is intrinsically winter.
criminal and behavior becomes
criminal if it is labeled as such. HUMAN BEHAVIOR AND CRISIS
Instrumentalist theory MANAGEMENT
-by Earl Richard Quinnery
-Quinnery argued that the state Criminology : the study of crime and
exist as device for controlling the behavior
exploited class-the class that labors
for the benefit of the ruling class.
Theories to explain criminal behavior
have been around along as recorded
history.
Aristotle : poverty is the parent of
revolution and crime. (An
environmental view of the
antecedents of crime)
Sir Francis Bacon (1600s) : Opportunity
makes a thief , pointing out the power
of the situation to affect behavior.
Voltaire & Rousseau (1700s) : free will,
hedonistic decision making, and the
failure of the social contract in
producing criminal behavior. These
explanations are at the core of the
classical theory of criminology.
According to classical theory , people
choose to behave wrongly when they
believe the benefits outweigh the
costs.
Classical theorists argued for making
fair and proportionate punishment
and reforming Draconian punishment.
Our Bill of Rights protection against
cruel and unusual punishment is a
result of this movements
conceptualization of criminal
behavior.
Modern Crime Theories
Positivist School of Criminology :
Emphasizes the understanding of
criminal behavior by uncovering
factors which account for criminal
behavior. Positivists use the scientific
method and empirical data to aid in
their understanding of crime.
Psychological Explanations
Biological Explanations
Sociological Explanations
Social Biological Explanations
Sociological Theories of Crime
Examines social and cultural forces
that contribute to criminal behavior.
Structural Explanation : certain groups
within a society have less opportunities
to achieve the goals most valued by a
society. When individuals are
prevented from achieving their goals
(prosperity, success, education)
through legitimate paths, they turn to
illegal methods of reaching these
goals.
Society places demands on people to
reach these goals, but limits the
methods seen as acceptable for
reaching these goals.
Differential Opportunity within society
is seen as a key factor contributing to
criminal behavior.
Nettler (1974) Rational Crime :Explains
crime as a function of criminal
opportunity :
1. Crimes where objects are easy
targets for thefts.
2. Crimes associated with legitimate
business.
3. Crime as a preferred livelihood.
4. Business which offer illegal services.
Subcultural Explanations for crime.
Focus on the discrepancy between
societal norms and values and the
norms and values of a specific
subculture.
Walter Miller (1958) Theory of Focal
Concerns . Describes the criminal
behavior of lower SES teen age gangs
in terms of the values and expected
norm of the Gang subculture.
Miller listed 6 basic characteristics
which were highly valued by the
gang. Since these are highly valued,
there is normative pressure for gang
members to display these qualities on
a regular basis.
Trouble
Toughness : physical prowess, skill
Smartness : being able to con others
Excitement : risk and danger
Fate :Being lucky
Autonomy : freedom from authority
Criminal behavior is directed towards
living up to these values ;Adolescents
fight to show they are tough, steal to
demonstrate cunning, crimes show
autonomy and love for excitement.
The greater the discrepancy between
the dominant cultures values and the
subcultures values, the more
opportunity for norm violating
behavior.
Biological Theories of Crime
Some of the earliest positivists were
convinced that criminal behavior was
a result of genetic abnormality.
Lombroso : advanced notion of
atavism , which stated criminals
represented a savage, earlier form of
humankind.
Hoorten (1939) : Claimed to have
found important biological differences
in criminals and noncriminals.
Burglars have :short heads, blond hair,
and nonprotruding jaws.
Robbers have : long wavy hair, short
ears, and broad faces.
Sheldon (1949) : His Somatic Typology
listed three major somatatypes (or
body types).
Endomorphs : Obese, soft, and
rounded people. Fun loving and
sociable
Mesomorphs : muscular, athletic
people. Assertive, vigorous, and bold.
Ectomorph : Tall, thin, and well
developed brain.Introverted, sensitive,
and nervous
Sheldon thought that mesomorphs
were most likely to become criminals.
Despite the apparent ridiculousness of
the above two theories, more recent
research has replicated this perceived
link between physique and criminal
behavior.
Olweus (1995) : Examined the factors
which turn elementary school boys
into bullies.
Why ? because boys classified as
bullies in grades 6-9 (Norway) are four
times as likely to be arrested
repeatedly as adults, compared to
nonbullies.
Olweus prototypical bully:
Physically Stronger, Hotheaded
Temperament
Commonalities in Family Life :
Family lacked warmth
Permissive towards aggressive
behavior at home
Physical punishment used as discipline.
The link between overall physique and
behavior is probably best explained as
creating a different expectation for
success within physical conflicts.
Genetics and Criminal Behavior
Twin Studies : Researchers examine
both fraternal and identical twins and
examine concordance rate for
criminal activity.
Concordance Rate : The % of pairs of
twins sharing the same behavior.
Dizygotic Twins : Fraternal Twins
Monozygotic Twins : Identical Twins
Discordant Monozygotic Twins :
Identical Twins who were raised apart.
DiLalla and Gorresman (1990) : did a
metanalysis of 4 decades of twin
research into criminality
Concluded the average
concordance rate for fraternal twins
was 22% and for identical twins, 51%.
Influence of heredity is higher for
property crime than it is for violent
crime. (Cloninger & Gottesman, 1987)
Adoption Study of Cloninger et al
(1982) : Examining children whose
biological parents were criminals,
Crime rate for children was 4 times
greater if bio. Parents were criminals, 2
times greater if adopted parents were
criminals (12% and 6%, respectively)
Psychological Theories of Crime
Freud : Rejected the degeneration
theory popular at the turn of the 19th
century. Freud thought criminal
behavior is representative of an ID
that operates unchecked by the ego
and the super-ego. Freud states that
improper resolution of the Oedipal
conflict (in which the son must learn to
identify with the father, instead of
having sex with his mother)
Criminals suffer from enormous guilt,
and perform criminal acts in order to
get punished, which will temporarily
relieve them of their guilt feelings.
Other psychoanalytic positions on the
origin of crime
Alexander : Criminals ignore the reality
principle, which is responsible for the
delaying of gratification.
Bowlby (1953) Criminal activity is a
substitute for love and
affection.Bowlby thought that
disruptions in the mother-son bond
were at the root of most criminal
careers.
Do Criminals Think Differently than
normal people ?
Yochelson & Samenow (1976, 1984)
have studied the cognitive styles of
criminals to look for patterns or
aberrations in how they process
information. These researchers believe
thought patters are more important
than biology or environment in
determining who becomes a criminal.
Yochelson & Samenow described the
criminals in their research sample as
being master manipulators,
compulsive liars, people in control of
their own behavior. They claim that
criminal thinking had an internal logic
and is consistent, but is erroneous and
irresponsible. A serious discrepancy
exists between a criminals view of
reality and societies shared view of
reality. They developed this profile
based on one-n-one interviews with
hardened and psychologically
disturbed criminals. (limited
generalizability)
Personality Defects as Explanations for
Criminal Behavior.
Maybe criminals are just not nice
people.
Psychopaths : people who engage in
frequent, repetitive criminal
activity.Psychopaths are manipulative
and deceitful, seem to lack any social
conscience. Psychopaths show little
remorse when caught.Psychopaths
are superficial, arrogant, and seem
unable to learn from experience.
Antisocial Personality Disorder :a
psychopathic diagnosis much more
commonly assigned to men.
Psychopaths commit only a small
percentage of all crime, but a
disproportionate amount of violent
crime
Possible Causes of Psychopathy:
Reduced Anxiety : Psychopaths have
very low levels of anxiety, may prevent
formation of cause and effect
relations with respect to negative
outcomes.
Unable to Inhibit Behavior :
psychopaths suffer from an executive
function decrement, which leaves
them ill-prepared to plan-out and
execute behavior while being aware
of the possible consequences.
Stimulation Seeking : desire
physiological arousal and seeks
arousal in non approved ways.
Social Learning Theory of Crimes
Observational, or vicarious learning is
key to picking up criminal behavior.
Bandura (86) :Claims that violent role
models exist in home, media, and
subcultures (gangs). According to
Bandura, Most human behavior is
learned by observing others model a
particular behavior.
Bandura (1973) Aggression : A Social
Learning Approach
Family Influence : Discipline provides
vivid examples of coercion and
aggression as a means of control and
conflict resolution. Child Abuse and
verbal abuse of spouses and also
expressions of family aggression.
Subcultural Influences : certain
subcultures (teenage gangs) promote
aggression and value certain
antisocial acts.
Symbolic Models : Media provides a
steady diet of violence. Average child
sees 8000 murders and a 100,000 other
violent acts by the time they turn 18.
Heroes must typically resort to
violence in order to resolve conflict.
A combined Model of Criminal
Behavior
Examining biological, sociological,
and psychological theories of criminal
behavior, we can develop a cross-
discipline approach to the
development of criminal behavior.
Four Categories under consideration :
Distal Antecedents : Biological,
psychological and environmental
factors which can predispose an
individual towards criminal behavior
Early Indicators ; because antisocial
behavior is stable across time, some
signal are given very early. Conduct
Disorder, ADHD, and oppositional
defiant disorder are 3 early indicators.
Developmental Processes : How early
delinquency is dealt with can help
determine whether an individual
reforms or continues criminal conduct.
Maintenance Variables : If short term
payoff seem more profitable than
possibility of punishment, criminal
behavior will continue.Polarization
effects also contribute
JUVENILE JUSTICE ADMINISTRATION
Juvenile Delinquency– generally refers
to youth behavior which is against
norm and regulations of society, which
is left unchecked, would give rise to
criminality.
- An anti-social behavior or act which
differs from normal model of set of
laws, culture and customs.
Different concept of Delinquency
 Emotionally disturbed behavior
 Persistently anti-social behavior
 Behavior of adolescent
disappointing beyond
reasonable expectation
 Behavior which the police in
any given community consider
as deviant
 Actions or conduct in violation
of criminal law.
Juvenile delinquency represents many
things to many people:
 To the police: delinquency may
be merely underage criminals.
 School authorities: the truant
and the boy who smokes in the
washroom
 Parents: delinquent are other
people’s ungovernable children
 Storekeepers: deliquents are
gangs loitering on the corner.
Categories of Delinquent Youth
Accidental– less identifiable in
personality and temperament,
essentially a law abiding citizen but
happens to be at the wrong place at
the wrong time. This may be credited
to peer pressure or pure curiosity on
the part of the young person.
Asocial– children whose acts are
manifested by vile, cruel and
atrocious and conduct for which they
feel no remorse. Timely intervention is
necessary so as to prevent form
becoming ruthless criminals capable
of acts violence and heinous crimes.
Neurotic– the anti-social behavior of
the youth is a direct result of internal
conflict and pre-occupation with his
own emotion and mood. Therapy and
counseling is necessary to control this
type of delinquency, failure to do so
will be risky since this anti-social
behavior makes the child prone to
commit serial crimes upon adulthood.

Social– refers to aggressive teens who

resent authority, whether be it
parental, school regulations or
ordinances and laws passed by the
proper legislative authorities. The most
common reason for such dislike is
focused to anyone who tries to control
their conduct.
Correctional Administration
Correction
- is that branch of the administration
of the criminal justice charged with
the responsibility for the custody,
supervision and rehabilitation of the
convicted offenders.
- is the study of jail/prison
management and administration as
well as rehabilitation and reformation
of prisoners.
TWO FORMS FO CORRECTIONAL
TREATMENT OF CRIMINAL OFFENDERS
1. Institutional treatment
2. Community –based treatment
Probation – is a disposition of cases
under which a defendant after
conviction and sentenced is released
subject to condition imposed by the
court and to the supervision of the
probation officer.
Jails – are institution for the confinement
of person who are awaiting final
disposition of their criminal cases and
also for the service of those convicted
and punished with shorter sentences,
usually up to three years.
Types of Jails:
1. Lock-up is a security facility for
the temporary detention of
person held for investigation or
awaiting preliminary investigation.
2. Ordinary jail – houses both
offenders waiting court action
and those serving short sentence
usually up to three
years./Provincial Jail
3. Workhouse, jail farm/camp houses-
minimum custody offenders serving
short sentence with constructive work
programs.
Warden - is responsible for the
direction, coordination and control of
the personnel, inmates and the
program of the institutions.
Operating Unit under the office of the
warden:
1. Intelligence and investigation
team
2. Jail inspector section
3. Public relation office
Admission procedures in prison:
1. Receiving
2. Checking commitment papers
3. Establishing identity of the
prisoners
4. Searching the prisoner
5. Assignment of the quarters- new
prisoner is then sent to the
quarantine unit where he spends
15 days .
Institutional custody, security and
control aims:
1. Prevention of escapes
2. Control of contraband
3. Maintenance of good order
Classification of sentenced prisoners
1. Insular – is a person who is sentenced
to serve a prison term of over three
years or to pay a fine more than one
thousand or both fine and
imprisonment. 3 yrs over, fine more than
1,000
2. City prisoners – is a person who is
sentenced to serve imprisonment for
not more than three years or to pay a
fine of not more than one thousand
pesos or both fine imprisonment . Not
more than three yrs, fine not more than
1,000
3. Municipal prisoners – is a person who
is sentenced to serve imprisonment for
not more than six months. 1 day to 3 yrs
4. Provincial prisoners – is a person who
is sentenced to serve imprisonment form
six months to three years. 6 mons , 3 yrs
only
EXECUTION OF DEATH PENALTY
The death penalty shall be executed
under the authority of the Director by
lethal injection,. As used herein, lethal
injection refers to sodium thiopenthotal,
pancuronium bromide, potassium
chloride and such other lethal
substances as may be specified by the
Director that will be administered
intravenously into the body of a convict
until said convict is pronounced death.
Policy - In the execution of the death
penalty, the Director shall endeavor so
far as possible to mitigate the suffering
of the death convict during the actual
execution as well as the proceedings
prior thereto. He shall take steps to
ensure that the lethal injection to be
administered is sufficient to cause me
instantaneous death of the convict.
Holding cell. - Whenever practicable,
the death convict shall, twelve (12)
hours prior to the scheduled time of
execution, be confined in an individual
cell in a maximum security level facility.
The convict shall be provided therein
with a bunk, a steel/wooden bed or
mat, a pillow, a blanket and a mosquito
net.
Subject to the approval of the
Superintendent, a death convict shall,
seven (7) days before the scheduled
date of execution, be allowed daily
visits by his authorized visitors and his
attorney of record.
After the death convict is moved to the
holding cell, he may only be visited by
members of the clergy and other
individuals granted visiting privileges by
the Director.
Notification and execution of the
sentence and assistance to the convict-
the court shall designate a working day
for the execution of the death penalty
but not the hour thereof. Such
designation shall only be
communicated to the convict after
sunrise of the day of the execution, and
the execution shall not take place until
after the expiration of at least eight (8)
hours following the notification, but
before sunset.
During the interval between, and the
notification and execution, the convict
shall, as far as possible, be furnished
such assistance as he may request in
order to be attended in his last
moments by a priest or minister of the
religion he professes and to consult his
lawyers, as well as in order to make a
will and confer with the members of his
family or of persons in charge of the
management of his business, of the
administration of his property, or of the
care of his descendants.
Suspension of execution of the death
sentence.–

Execution by lethal injection shall not be
inflicted upon a woman within one year
after delivery, nor upon any person over
seventy (70) years of age. In this last
case, the death sentence shall be
commuted to the penalty of reclusion
perpetua with the accessory penalty
provided in article 40 of the Revised
Penal Code.
Place of execution. –
The execution by lethal injection shall
take place in the prison establishment
and space thereat as may be
designated by the Director. Said place
shall be closed to public view.
Execution procedure–
Details of the procedure prior to, during
and after administering the lethal
injection shall be set forth in a manual
to be prepared by the Director and
submitted to the Secretary for review
and approval. The manual shall contain
details of, among others, the sequence
of events before and after the
execution; procedures in setting up the
intravenous line; the administration of
the lethal drugs; the pronouncement or
death; and the removal of the
intravenous system,
Execution procedure - Details of the
procedure prior to, during and after
administering the lethal injection shall
be set forth in a manual to be prepared
by the Director and submitted to the
Secretary for review and approval. The
manual shall contain details of, among
others, the sequence of events before
and after the execution; procedures in
setting up the intravenous line; the
administration of the lethal drugs; the
pronouncement or death; and the
removal of the intravenous system,
Administering of lethal drugs. - The
injection of the lethal drugs to a death
convict shall be made by a person
designated by the Director.
Identity of relatives of death convict
and of person administering lethal
injection - The identity of the relatives of
the death convict and the person who
were designated to administer the
lethal injection shall be kept secret.
Selection and composition of media
witnesses. - The media witnesses shall
be selected from among those present
two (2) hours before the scheduled
execution and shall be drawn from the
following sectors:
a. Two (2) from newsprint (broadsheet);
b. Two (2) from newsprint (tabloid);
c. Two (2) from TV;
d.two(2) from radio
e. two (2) from foreign press
Expulsion of witness –Any person who
makes unnecessary noise or displays
rude or improper behavior during an
execution shall be expelled from the
lethal injection chamber.
Non-recording of execution - The
Director shall not allow the visual, sound
or other recording of the actual
execution by media or by any private
person or group.
Time for burial - The burial of death
convict shall be held immediately after
execution in a common graveyard for
inmates. In case the cadaver of the
convict is claimed by his relatives, his
burial shall held not later than three (3)
days after his body was released.
NON INSTITUTIONAL CORRECTION
Advantage of community based
correction.
1. Family members need not be
victims also for the incarceration
of a member because the
convict can still continue to
support his family ,not to be far
away from his children.
2. Rehabilitation will be more
effective as the convict will not
be exposed to hardened
criminals in prison who will only
influence him to a life of crime.
3. Rehabilitation can be monitored
by the community thus
corrections can be made and be
more effective.
1,Community based treatment-
A Convicted person is allowed
to serve his sentence in the community.
2,Institutionalized-based treatment-
a convicted person will serve his
sentence in a correctional institution.
Temporary release of detain person
When a person is Arrested or otherwise
deprived of his liberty for the alleged
commission of an offense ,he may avail
of the legal remedies provided and
guaranteed by the constitution ,statutes
,and the Rules of Court for his temporary
released. these includes the application
for bail or recognizance and habeas
corpus .
where the accused is already
convicted ,or is serving the penalty
imposed by the trial court There are
however legal remedies also for the
convict to regain his liberty by virtue of
,or grant of pardon, amnesty, parole,
probation, etc subject to limitation and
condition by the issuing authority
Meaning of detention /detainee,
detention prisoner
Detention as defined by the Philippine
National police is a restraint of personal
liberty or deprivation of freedom of
action in any significant manner
Detainee as defined by the BJMP refers
to a person who is accused before the
court or competent authority and is
temporary confined in jail while
undergoing or awaiting investigation
,trial ,or final judgment ..
Detention prisoner- refers to a person
arrested due to commission of a crime
by the arresting unit for custodial
investigation.it likewise includes a
person arrested for crimes ,which are
heinous in nature ,against national
security ,and high profiles crime.
Basis for temporary released of
detained person
1. under the 1987 constitution-
the 1987 Philippine constitution allows
two modes by which a person under
custody May be released temporarily
from detention before conviction of the
offense charged

a. bail and
b. released on recognizance as may
be provided by law
2. under the rules of court
Rule 102 of the rules of court provides
for habeas corpus ,a speedy and
effectual remedy to relieve a person
from unlawful restrain and therefore
issue when someone is deprived of
liberty
Definition concept and purpose of bail
Bail defined-
Bail is the security given for release of a
person in custody of law ,furnished by
him or a bondsman, to guarantee his
appearance before any court as
required under the conditions
hereinafter specified.Bail may be given
in the form of corporate surety ,property
bond ,cash deposit, or recognizance .
Different form of bail
1. Corporate surety- any domestic
or foreign corporation ,licensed
as surety in accordance with law
and currently authorized to act as
such ,may provide bail by abond
subscribed jointly by the accused
and an officer of the corporation
duly authorized by its board of
directors.
2. A property bond- is an
undertaking constituted as lien on
real property given as security for
the amount of the bail within 10
days after the approval of the
bond,the accused shall cause
the annotation of the lien on the
certificate of title on file with the
registry of deeds if the land is
registered or if unregistered ,in the
registration book on the space
provided therefore ,in the registry
of deeds if the land is registered
,or if unregistered ,in the
registration book on the space
provided therefore ,in the registry
of deeds for the province or city
and municipal assessor
concerned. Within the same
period ,the accused shall submit
to the court his compliance and
his failure to do so shall be
sufficient cause for the
cancellation of the property
bond and his re arrest and
detention.
3. Recognizance-whenever allowed
by law or these rules ,the court
may release a person in custody
on his own recognizance or that
of a responsible person.
4. Deposit of cash as bail –the
accused or any person acting in
his behalf may deposit in cash
with the nearest collector of
internal revenue or provincial
,city,or municipal treasurer ,or the
clerk of court where the case is
pending the amount of bail fixed
by the court ,or recommended
by the prosecutor who
investigated or file the case .upon
submission of a proper certificate
of deposit and a written
undertaking showing compliance
with the
Condition of bail
all kinds of bail are subject to the
following conditions
1. The undertaking shall be effective
upon approval ,and unless
cancelled shall remain in force at
all stages of the case until
promulgation of the judgment of
the RTC .irrespective of whether
the case was originally filed in or
appealed to it .
2. The bondsman shall surrender the
accused to the court for
execution of the final judgment.
3. The accused shall appear before
the courts whenever required by
the court or these rules the failure
of the accused to appear at the
trial without justification despite
due notice shall be deemed a
waiver of his right to be present
thereat ,in such case ,the trial
may proceed in absentia: and
4. That failure of the accused to
appear at the trial without
justification and despite due
notice shall be deemed a waiver
of his right to be present thereat.
In such case. The trial may
proceed in absentia .and
When bail is discretionary
upon conviction by the regional trial
court of an offense not punishable
by death ,reclusion perpetua or life
imprisonment, If the penalty imposed
by the trial court is imprisonment
exceeding six years ,the accused
shall be denied bail ,or his bail shall
be cancelled upon showing by the
prosecution ,with notice to the
accused ,of the following or other
similar circumstances .
1. That he is recidivist ,quasi
recidivist or habitual
delinquents ,or has committed
a crime aggravated by
circumstances of reiteration.
2. That he has previously
escaped from legal
confinement ,evaded
sentence ,or violated the
condition of bail without valid
justification;
3. That he committed the offense
while under probation ,parole
or conditional pardon
4. That the circumstances of his
case indicate the probability
of flight if released on bail
5. There is undue risk that he may
Guidelines or factor to be
considered in fixing the amount of
bail commit another crime during
the pendency of the appeal .
GUIDELINES IN FIXING THE AMOUNT
OF BAIL.
1. Financial ability of the accused to
give bail.
2. Nature and circumstances of the
offense charged
3. Penalty for the offense charged
4. Age and health of the accused
5. Weight of evidence against the
accused.
6. Probability of the accused
appearing at the trial
7. Forfeiture of other bail
 8. The fact that the accused was a may apply for bail with
fugitive from justice when any court in the
arrested province ,city or
9. The fact that the accused was a municipality where he is
fugitive from justice when held.
arrested ;and 4. If the decision of the trial
10. Pendency of other cases where court convicting the
the accused is on bail accused changed the
Where bail may be filed nature of the offense
from nonbailable to
1. May be filed with the bailable ,the application
court where the case is for bail can only be filed
pending ,or in the with and resolved by the
absence or appellate court.whether
unavailability of the on trial or on appeal
judge thereof ,with any
regional trial judge ,or Reason why the constitution prohibits
any inferior court judge imposition of excessive bail
,in the province city or
Municipality. Excessive bail means a bail set at the
2. If the accused is higher amount than that reasonably
arrested in a province calculated to ensure the presence of
,city or municipality the accused at the trial. It is prohibited
other than where the for the following reasons:
case is pending ,bail To safeguard the liability of the
may also be filed with individual
any regional trial court Imposition of excessive bail amounts to
of the said place ,or if nullifications of the rights to bail which is
no judge thereof is offensive to the constitution
available ,with any Right to bail would become
inferior court judge meaningless .
therein.
3. Whenever the grant of Who may not invoke the right to bail
bail is a matter of
discretion ,or the 1. it cannot invoke where the applicant
accused seek to be is not yet in custody of law because he
released on went into hiding and is at large ,Hence ,
recognizance ,the a free man even when he has already
application may be filed been criminaly charge in court.
only in the particular 2.It is also not available to one charge
court where the case is with capital offense or an offense
pending 4. Any punishable by reclusion perpetua.life
person in custody who is imprisonment, when evidence of guilt is
not yet charged in court strong

Remedy of accused when bail is denied
Rule 115, section 17 of the Revised rule
of criminal procedure provides that bail
is generally filed in the court where the
case is pending ,where bail is denied by
the trial court,the remedy is special civil
action (petition for certiorari) in the
court of appeals and not directly to the
supreme court ,observing the rule in
hierarchy of courts.
Indeed ,while the supreme court has
concurrent jurisdiction with the court of
appeals to issue the writ of certiorari
,such concurrence does not give
petitioner unrestricted freedom of
Choice Rule 115, section 17 of the
Revised rule of criminal procedure
provides that bail is generally filed in the
court where the case is pending ,where
bail is denied by the trial court,the
remedy is special civil action (petition
for certiorari) in the court of appeals
and not directly to the supreme court
,observing the rule in hierarchy of
courts.
choice of a forum on the matter of
denial of bail .the period to file a
special civil action of certiorari is now
sixty 60 days
Law allowing detain person to be
released on recognizance
1. Presidential Decree 968 as amended
(Probation law) allows released on
recognizance under section 7
paragraph 2 which provides that
Pending submission of investigation
report And the resolution of the petition
,the defendant may be allowed on
temporary liberty under his bail filed in
criminal case ;Provided ,in case where
no bail was filed or t
That the defendant is incapable of filing
one, the court may allow the release of
the defendant on recognizance to the
custody of responsible member of the
community who shall guarantee his
appearance whenever required by the
court2. under the child in conflict with
the law PD 603. provides for the care of
youthful offender held for physical or
mental examination or trial or pending
appeal ,if the youthful offender is
unable to furnish bail , the youthful
offender shall from the time of his arrest
be committed to the care of the DSWD
or the local rehabilitation center or
detention home in the province or city
which shall be responsible for his
appearance in court whenever
required ,or to the court may ,in its
discretion ,upon recommendation of
the DSWD or other agencies
2.Authorized by the court ,released
youthful offender on recognizance to
the custody ,to the custody of his
parents or other suitable person who
shall be responsible for his appearance
whenever required.
3. RA 9344 otherwise known as the
juvenile Justice and welfare act of 2006
provides the following provisions
section 34. bail –for the
purposeRecomending the amount of
bail ,the privileged.the privileged
mitigating of minority shall be
considered
Section 35. released on recognizance –
where a child in is detained ,

1. The court shall order the released
of minor in recognizance to his or
her parent and other suitable
person.
2. the released of the child in
conflict with the law on bail
3. the transfer of the minor to youth
detention home /youth
rehabilitation center
4. Under the revised rule on children
in conflict with the law SUPREME
COURT A.M. no 02 -1 -18 –SC, Nov
24 ,2009
Section 25. Release of children on
recognizance to the parent ,guardian
,custodian ,or nearest relative-the
release of a child from a custody during
the pendency of the case involving a
non serious offense as defined in sec 4
of this Rule may be order by the court
only after
A hearing for that purpose ,and upon
favorable recommendation of the
social worker assigned to the child, with
the conformity of the public prosecutor
and the private complainant . The child
shall be released to the custody of a
wiling and responsible mother or father
,or approriate guardian or custodian or
in their absence the nearest relative
,who shall be responsible for the child’s
good behavior and appearance in
court whenever required
Release of detainee through habeas
corpus
1. writ of habeas corpus-is a writ
directed to a person detaining
another commanding him to
produce the body of the prisoner
at a designated time and place
,and to show a sufficient cause of
his caption and detention ,to do,
to submit,and receive whatever
the court or judge awarding the
writ shall consider in that behalf .a
writ of habeas corpus extend to
all cases of illigal confinement or
detention by which a
2. A person is deprived of his liberty
,or by which the rightful custody
of any person is withheld from the
person entitled to it .
3. Writ of habeas data – is a remedy
available to any person whose
right to privacy in life .liberty,or
security is violated or threatened
by an unlawful act or omission of
a public official of a or
employee,or private individual or
entity engaged in the gathering
,collecting or storing of data or
information regarding the person
,family home and
correspondence of the
aggrieved party.
4. writ of amparo – is a remedy to
any person whose right to life
,liberty and security is violated or
threatened with violation by an
unlawful act or omission of a
public official or employee ,or of
a private individual or entity .the
writ shall cover extra judicial killing
and enforce disappearance.
To what habeas corpus extend
Except as otherwise expressly provided
by law ,the writ of habeas corpus shall
extend to all cases of illegal
confinement or detention by which any
person is deprived of his liberty ,or by
which the rightful custody of any person
is withheld from the person entitled
thereto.
Who may grant habeas corpus
The writ of habeas corpus may be
granted by the supreme court or any
member thereof ,on any day and any
time ,or by the court of appeals or any
member thereof in the instances
authorized by law ,and if so granted it
shall be enforceable anywhere in the
Philippines and may be made
returnable before a court of first
instance (RTC) or any judge thereof for
hearing and decision on the merits .it
may also be granted by the RTC or a
judge thereof ,on any day and at any
time ,returnable before himself
,enforceable only within his judicial
district
Executive clemency
Clemency simply means leniency or
mercy. a power given to public
official.such as governor or the
president ,to in some way lower or
moderate the harashnes of punishment
imposed upon a prisoner clemency is
considered to be an act of grace .it is
based on the policy of fairness .justice
,and forgiveness .it is not a right but
rather a privileged ,and one who is
granted clemency does not have the
crime forgotten as in amnesty ,but is
forgiven and more treated more
leniently for the criminals
Executive clemency- is the power of
the president in state convictions ,to
pardon a person convicted of a crime
,commute the sentence or reduce it
from death to another lesser
sentence.there are many other reasons
for exercising this,power including real
doubts about the guilt of the party,
apparent exessive
sentence,humanitarian concerns such
as illnes of an age inmate.
To clear the record of someone who
has demonstrated rehabilitation or
public service, because the party is a
political or person friend of the
Governor.
It is executive function and not a
function of the judiciary . It is also a
non delegable power and it can
only be exercise by the president of
the Philippines personally
The plenary power of the President to
grant executive
Section 19 of article VII of the 1987
constitution authorizes the president
of the Republic of the Philippines to
grant not only pardon but also
reprieve ,commutation of sentence
,remission of fines and forfeitures ,
after conviction by final judgment.
He shall also have the power to
grant amnesty with the concurrence
of the of majority of all members of
the congress.
Limitation on the power of congress
to grant amnesty
1. It cannot be granted in cases of
impeachment.
 2. It cannot be granted in cases of
violation of election law without
favorable recommendations of
commission on election
3. It can only be granted after
conviction by final judgment
Causes of total extinction of criminal
liability
1. Death of convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of penalty
6. Prescription of crime
7. Marriage of offended woman
under article 344 ,RPC
Causes of partial extinction of criminal
liability
1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowance during
confinement
4. Parole
5. probation
Prescriptive period of penalty under
article 92 of the RPC
1. Death reclusion perpetua- 20
years
2. Other afflictive penalty- 15 years
3. Correctional penalties – 10 years
except for the penalty of arresto
mayor which prescribe in 5 years
4. Light penalties 1 year
How to compute prescription of
penalties
A period of prescription commences to
run from the date when the culprit
evaded the service of his sentence It is
interrupted
1. gives himself up to the authorities.
2. when he is captured
3. 3. goes to foreign country with
which we have no extradition
treaty
4. Commit any crime before the
expiration of the period of
prescription
Prescriptive period of crimes under art
90 of the RPC
1. Death ,reclusion perpetua,
reclusion temporal – 20 year
2. Other afflictive penalties-15 years
3. Correctional penalties 10 years
except those punishable by
arresto mayor ,which shall
prescribe in 5 years
4. Crime of libel -1 year
5. Oral defamation and slander by
deed 6 months
6. Light offense -2 months
Crimes punishable by fine
A. If fine is afflictive - 15 years.
B. If it is correctional -10 years
C. If it s light - 2 months
Period of offenses prescriptivepunished
under SPL and Municipal ordinance
Act no 3763 ,amending act no 3326
provides
1. Offenses punishable only by fine
or by imprisonment for not more
than one month, or both
prescribe after 1 year
2. Offenses punishable by
imprisonment for more than one
month ,but less than two years –
prescribe after 4 years
 3. Offenses punishable by
imprisonment for two years or
more but less than six years –after
8 years.
4. Offenses punishable by
imprisonment for six years or more
–after 12 years
5. Offenses under internal revenue
law –after 5 years.
6. Violation of municipal ordinance
after 2 months
7. violation of regulation or conditio
of certificate of convenience by
the DOTC
To avail executive clemency, a formal
petition shall addressed as fallows and
must be submitted to the board of
Pardon and Parole
The President of the Philippines
Through: chairman
Board of pardon and Parole
Manila
However, the board may motu propio
,consider cases for the commutation of
sentence or the conditional pardon of
deserving prisoners whenever the
interest of justice will be served thereby.
The petition for absolute pardon shall be
accompanied by the following
requirements
1. affidavits of at least two
responsible member of the
community where the petitioner
resides .the affidavits shall among
others ,state that the petitioner
has conducted himself in moral
and law abiding manner since is
release from prison and shall
indicate the petitioners
occupation and the community
service he has rendered if any
and
2. the clearances from the police
,courts and prosecutor’s office
where the petitioners reside
A petition for the grant of either
absolute or conditional pardon shall be
favorably endorsed to the board by the
secretary of National defense if the
crime committed by the petitioner is
against the national security such as
rebellion ,subversion ,or sedition or by
the commission on election ,in case of
violation of election laws ,rules and
regulations
An application for executive clemency
shall not be considered during the
pendency of appeal filed by the
petitioner from the judgment of
conviction
A petition shall be eligible for the grant
of executive clemency if he meets the
following minimum requirements:
1. for commutation of sentence the
petitioner must have served at
least 1/3 of the minimum of his
indeterminate sentence ,or the
following portions of his prison
sentence consisting of Reclusion
perpetua.
a. at least 10 years if convicted
of robbery with homicide,
robbery with rape or
kidnapping with homicide.
b. At least eight (8) if
convicted of simple murder
 ,Parricide,Rape or violation
of anti drug laws.
c. At least twelve (12) if given
two (2) or more sentences for
Reclusion perpetua.
d. At least twenty (20) years in
case of one (1) death
sentence which was
automatically commuted to
Reclusion perpetua
e. At least twenty five (25) years
in case of two (2) sentences
for reclusion perpetua
,Provided that at least one
(1) of the sentence had
been automatically
commuted from a death
sentence
2.For conditional pardon ,the petitioner
must have served at least one half (1/2)
of the minimum of his indeterminate
sentence or the following portion of his
sentence .
a. at least two (2) years of the
minimum sentence of
convicted of murder or
parricide but not sentence
to reclusion perpetua.
b. At least one year of the
minimum sentence if
convicted of homicide
c. At least nine (9) months if
convicted of frustrated
homicide.
d. At least 6 months if
convicted of attempted
homicide
3. For absolute pardon, ten (10) years
must have elapsed from the date of
release.of the petitioner from
confinement or five years from the date
of expiration of his maximum sentence,
which ever is more beneficial to him
However the board may consider
petition for absolute pardon even
before the lapse of the aformentioned
periods in special cases such as when
the petitioner is seeking reinstatement in
the Government service ;needs to go
abroad ,to undergo medical treatment
which is not available in the country ;will
take a Government or Bar examination
or is immigrating
1. The petitioner is eligible for parole
2. The petitioner had been
sentenced to another prison term
within one (1) year from the date
of his last recommitment to the
jail or prison from where he
escaped
In petitions for executive clemency
cases ,the director of corrections shall
forward the prison record and carpeta
of a prisoner /petitioner to the BPP within
the following periods.
1. Absolute pardon _ within 1 month
from receipt by the director of the
request made by the board for
the prison record and carpeta
2. Commutation of sentence –at
least month before the expiration
of 1/3 of the minimum period of
the prisoners indeterminate
sentence and in special cases ,at
least 1 month before the periods
the petitioner becomes qualified
3. Conditional pardon –at least 1
month before the expiration of ½
of the minimum period of the
prisoners indeterminate sentence
and in special cases 1 month
 before the periods the eptioner
becomes qualified
The carpeta of the prisoner shall consist
of his commitment order, the prosecutor
information ,and the decision of the trial
court ,including that of the appellate
court,if any.
Good conduct time allowance
1. .Credit earned by an inmate
which reduces the duration of his
incarceration .it also refers to time
subtracted from a sentence by
prison authorities for good
behavior and for other reasons.
2. Special time allowance for loyalty
of prisoner- refers to the
deduction 1/5 of the period of
sentence of a prisoner who,
having evaded the service of
sentence during the calamity or
catastrope
3. .Mentioned in art 158 of the RPC
,gives himself up to the authorities
within 48 hours following the
issuance of the proclamation by
the president announcing the
passing away of the calamity or
catstrope(Art 98 RPC)
Who may grant GCTA
The director of prison may grant GCTA
to inmate who display good behavior
and who has no record of breach of
discipline or violations of prison rules and
regulation
whenever lawfully justified ,the director
of prison shall grant allowances for
good conduct ,such allowances once
granted shall not be revoked.
What are the effects of GCTA
The good conduct or behavior of an
inmate shall entitle him to the
Following deductions from the
period of his sentence
a. during the first two years of his
imprisonment ,he shall be
allowed a deduction of five 5
days for each month of good
behavior.
b. During the third to fifth year, of
good behavior he shall be
allowed a deduction of eight
8 days for each month of
good behavior
c. During the following years until
the tenth year inclusive of his
imprisonment ,he shall be
allowed a deduction of ten
(10) days for each month of
good behavior
d. During the eleventh and
successive years of his
imprisonment ,he shall be
allowed a deduction of 15
days for each month of good
behavior
GCTA of detainee life termer
A detainee shall only be granted
GCTA if he voluntary offers in writing
to perform such labor as may be
assigned to him .in such case ,the
credit he may receive shall be
from sentence as may be imposed
upon him if he is convicted An
inmate sentenced to life
imprisonment shall not be granted
 GCTA while his sentence is on
appeal
Revocation/restoration of GCTA
GCTA once granted shall not be
revoked without just cause .GCTA
,which an inmate is deprive of
because of misconduct ,may be
restored at the discretion of the
Director upon recommendation of
the Superintendent
Form of executive clemency
1. Pardon – it is an act of grace
given by those charged with the
power and authority to execute
laws which exempts the individual
subject of pardon from the
punishment which the law inflict
for the crime he has committed.
2. Reprieve- the execution of the
sentence is stayed or postponed
A reprieve differs from a pardon
Parole -Refers to the conditional
release of an offender from a
correctional institution after he has
served a minimum of his prison
sentence. .the person released from
parole is released from imprisonment
but his liberty is not fully restored
because the parolee is still
considered in custody of the law
although he is not in confinement
3. Amnesty – is an act of grace
given with the concurrence of
congress .it is usually extended to
groups of person who committed
political offenses .it abolishes the
offense itself.
4. commutation –mitigates or
reduces the penalty itself
commutation is a remission of a
part of the punishment,a
substitution of a less penalty for
the one originally imposed
5. Remission of fine and forfeitures-
it should be noted that remission
of fine and forfeitures merely
preventsthe collection of fines or
the confiscation of forfeited
property .it cannot have the
effect of returning property which
has been vested in third parties or
money in public treasury
The president can remit a fine or
forfeiture only with respect to those
within the interest of the estate and
not those of the private parties
whose right have been vested and
fixed by the judgment .fines and
forfeiture already paid to the
treasury cannot be remitted either
since any disbursement of funds
therefrom require legislation.
Is the suspension of sentence
the same as reprieve
No suspension of sentence is always
a part of the judicial power while
reprieve is always a part of the
executive power .the suspension of
sentence simply postpones the
judgment of the court but the
conviction and liability following it
,and all civil disabilities .remain and
become operative when judgment
rendered Reprieve on the otherhand
 ,is prerogative exercise by the
president of the Philippines .generally
it is applied to death sentences
affirmed by the supreme court
The instances when sentence may
be suspended
The following are instances or situation
in criminal cases whereinthe accused
either as an adult or as minor, can
apply for and /or be granted a
suspended sentence
1. where the accused became
insane before sentence could be
promulgated
2. Where the offender ,upon
conviction by trial court ,filed an
application for probation which
has been granted3. where the
offenders need to be confined in
a rehabilitation center because
of drug dependency although
convicted of the crime charged
3. where the offender is a youthful
offender under art 192.PD 603
otherwise referred to as child in
conflict with the law
4. where the crime was committed
when the offender is under 18
years of age and he is found
guilty thereof in accordance with
Ra 9344
5. the death sentence shall be
suspended upon the woman
while he is pregnant or within one
year after delivery
6. suspension of sentence of first
time minor offender under art 66
of Ra 9165 known as
comprehensive dangerous drug
act of 2002
Different kinds of pardon
1. absolute pardon –refers to the
total extinction of the criminal
liability of the individual to whom
it is granted without any condition
.it restore to the individual his civil
and political rights and remit the
penalty imposed for the
particular offense of which he
was convicted
2. conditional pardon refers to the
exemption of an individual ,within
certain limits or condition ,from
punishment the law inflict for the
3. Resulting in the partial extinction
of the criminal liability
A conditional pardon is in the nature
of a contract between the chief
executive and the convicted
criminal ,the convict consent to the
term stipulated in the contract ,the
convict has placed himself under
supervision of the chief executive or
his delegate who is duty bound to
see to it that the convict complies
with the conditions of pardon
Ways of extending conditional
pardon
1. through the operation of the
indeterminate sentence law.
2. Through the grant of probation
under the probation law
3. Through the exercise of the
President ,motu propio ,of the
power under the constitution
Similarities of absolute and
conditional pardon
A pardon whether absolute or
conditional is in the nature of deed ,for
the validity which delivery is
indispensable requisites .untill accepted
,all benefits to the grantee may be
cancelled but once accepted by the
grantee ,the pardon already delivered
cannot berevoked by the authority
which granted it
3.general pardon- is a pardon which
applies to all persons falling within a
certain category.
4. special pardon- is a pardon which is
concede to a single individual for an
ordinary crime.
A pardon granted after conviction frees
the individual from all the penalties and
legal disabilities and restores him to all
his civil rights ,But unless expressly
grounded on the person innocence ,it
cannot bring back lost reputation for
honesty ,integrity and fair dealing.
What agency recommend to the
President the grant of Pardon
Pardon may be granted by the
president of the Philippines upon
recommendation of the board of
pardon and parole .the Bpp is the
agency in charge with the release of
sentenced prisoners based on modes
specified by law .its action or
proceeding si governed by the
provision of section 4 of Act No
4103.otherwise known as the
indeterminate sentence law ,as
amended ,and execuitve order no 292
otherwise known as the administrative
code of 1987 .
What are the composition of BPP
The BPP is composed of seven (7)
members all appointed by the
president of the Philippines with the
secretary of justice acting as chairman
.in practice however one of the
undersecretaries of justice serving as
acting chairman .the law required that
the six board member should include a
sociologist ,clergyman an educator ,a
lawyer, a penologist, and at least one
woman
What is the effect of pardon by the chief
executive
1. an absolute pardon extinguishes the
criminal liability of the offender
2. It does not exempt the culprit from
payment of the civil indemnity imposed
in the sentence
3. it does not restore the right to hold
the public office or the right of suffrage
unless such right expressly restore by the
term of the pardon
What are remedies of the state if
condition of pardon is violated
Under section 64 of the RAC ,the chief
executive is authorized to order the
arrest and re incarceration of any such
person who ,in his judgment ,shall fail to
comply with the condition or conditions
of his pardon ,parole or suspension of
sentence Upon determination that a
prisoner granted a conditional pardon
has violated the conditions thereof ,the
Thus when the condition is violated the
offender is considered in evasion of the
service of sentence and shall be:
1. re arrested and reincarcerated by
order of the president under RAC
2. Prosecuted under art 159 of the RPC
when the penalty remitted is 6 years
and below ,there will be an additional
penalty, over six years ,the remaining
sentence shall be served without
additional penalty
Distinguish amnesty and absolute
Pardon
1. In amnesty ,the effects of crime are
erased or wipe out Consequently ,the
convict is deemed innocent as if no
crime was committed at all, in absolute
pardon ,the convict is excused from
serving the sentence but does not erase
the effects of conviction.
2. amnesty may be granted even if the
offender has not yet convicted by
virtue of a final judgment . It may be
given before or after final judgment .on
the otherhand for absolute pardon to
be valid ,there must be a final and
executory judgment
3. amnesty is a public act that requires
the concurrence of congress while
absolute pardon is a private act of the
chief executive .
4. amnesty is given to class or group of
offenders while absolute pardon is
given to an individual convict
Amnesty is extended only to offenders
of political crimes while absolute
pardon may be granted whether the
crime is political or non political
Distinguish conditional pardon and
parole
1. the chief executive gives conditional
pardon after conviction under he
provision of the Revised administrative
code; the Board of pardon and Parole
(BPP) gives a prisoner who has served
the minimum of an indeterminate
sentence parole
2. for violation of the conditional
pardon, the offender may either be
rearrested to serve the remitted penalty
or prosecuted under art 159 of the RPC
for violation of Parole ,the convict is
rearrested to serve the unexpired
portion of the penalty
Distinguish violation of CP from ESS by
escaping
Violation of conditional pardon does
not cause harm or injury to the right of
other persons nor does it disturb the
public order ;its merely an infringement
of the terms stipulated in the contract
between the chief executive and the
criminal.
Evasion of the service of sentence- is an
attempt ,at least ,to evade the penalty
inflicted by the court upon criminals
and thus defeat the purpose of the law
of either reforming or punishing them for
having disturb the public order
Eligibility for review of a parole case
A prisoner case shall not be eligible for
review by the board unless
the prisoner is confined in prison or jail to
serve an indeterminate sentence ,the
maximum period of which exceeds one
1 year ,pursuant to a final judgment of
conviction ,which has become final
and executory and
He has served the minimum of said
sentence
Definition of term
1. Board -refers to board of pardon
and parole
2. Carpeta- refers to institutional
record of an inmate which consist
of his mitimmus or commitment
order issued by the court after
conviction the prosecutor
information and the decision of
the trial courts and appellate
courts ,if any certificate of non
appeal ,certificate of detention
and other pertinent documents
3.Director –refers to the director of
buraeu of corrections.
4. Parole- refers to the conditional
release of prisoner from a
correctional institution after he
serve the minimum of his prison
sentence
5. Parole supervision – refers to
the supervision /surveillance by
the probation and parole officers
of a parolee.
6. parolee- refers to a prisoner
who is released on parol
7. Penal superintendent – refres to
the officer incharged of the new
Bilibid prison,CIW,prison and
penal farm of the bureau of
corrections.
8. Prison record- refers to
information concerning an
inmates ‘s personnal
circumstances ,the offense he
committed ,the sentence
imposed in the trial and appellate
courts.
9 probation and parole officers-
refers to the probation and
parole officer undertaking the
supervision of the parolee
10. regional director-refer to the
head of the probation and
parole administration in Region .
11. Released document refers to
the discharged of on parole
issued by the board.
Who are disqualified for parole
1. those convicted of an offense
punished with the death penalty
,reclusion perpetua or life
imprisonment
2. those convicted of treason
,conspiracy or proposal to
commit treason or espionage
3. those convicted of misprision of
treason ,rebellion ,sedition or
coup d etat ;
4. those convicted of treason
,conspiracy or proposal to
commit treason or espionage
5. those convicted of misprision of
reason ,rebellion ,sedition or coup
d etat
6. those convicted of piracy or
mutiny on high seas on Philippine
waters
Those who are habitual
delinquents ,
7. those who escaped from
confinemnt or evaded sentence
8. those who having granted
conditional pardon by the
President of the Philippines shall
have violated any of the term of
the thereof
9. those whose maximum term of
imprisonment does not exceed
one 1 year or those with definite
sentence
 10. Those suffering from mental
disorder as certified by a
government
psychiatrist/psychologist.
11. those whose conviction is on
appeal or has not yet become
final and executory
12. those who have pending
criminal case
Form of content and petition
A parole case may be reviewed
by the board upon petition or
motu propio.where petition is filed
by ,or on behalf of ,a prisoner ,the
form of said petition shall clearly
substantially comply what that
prescribed by the board and shall
clearly show the following
1. the prisoner case eligible
for review by the board
2. he is not disqualified from
being granted parole
Transmittal of carpeta and prison
record
• Director or warden concerned
shall send a prisoner‘s prison
record and carpeta to the board
at least 1 month prior to the date
when his case shall be eligible for
review
Publication of names of prisoners
• The board shall cause the
publication in news paper of
general circulation the names of
prisoners convicted of heinous
crime or those sentenced to
reclusion perpetua to an
indeterminate prison term and
may be considered for release on
parol
Notice to offended party
• In addition to the publication in a
news paper of national
circulation ,the offended party or
his immediate relatives in the
event that the offended party is
unable or otherwise not available
shall be notified personally or by
registered mail and given a
period of 30 days from notice
within which to communicate
their comment to the board
regarding the contemplated
grant of parole to the prisoner
Grant of parole
He board may grant a prisoner
parole based on reports
regarding the prisoner’s work and
conduct and on the study and
investigation by the board itself
and it finds the following
circumstances
1. that the prisoner is fitted by his
training for released
That there is reasonable
probability that if released ,he will
live and remain at liberty without
violating the law
• That his release will not be
incompatible with the welfare of
society
• Meeting- the board shall meet in
executive session regularly or
upon the call of the chairman
• Quorum- a majority of all the
members of the board shall
constitute a quorum

Board action
• A majority of the members of the
board constituting a quorum shall
be necessary to support a
decision of the board or to carry
out any action. However, in order
to grant parole ,to modify any of
the term and condition
appearing in a release document
,to order the arrest and
recommitment of a parolee, the
decision or action must be
supported by at least four votes
of the member of the board
Form of release document
• A prisoner shall be released upon
the grant of parole .such grant of
parole shall be evidenced by the
released document ,which shall
be in the form prescribed by the
board and shall contain the latest
1’X 1” photograph and right
thumbprint
Transmittal of released document
• After released from confinement
,the parolee shall be placed
under the supervision of the
Probation and parole officer
specified in the released
document so that the former may
be guided and assisted towards
rehabilitation .the period of
parole supervision shall extend up
to the expiration of the maximum
sentence which should appear in
the released document
Transfer of resident
Presentation of probation and
parole officer
• Within the period of prescribed in
his release document ,the
Parolee shall present himself to
the probation and parole officer
specified in the released
documents for supervision
• If the parolee fails to report within
forty (45) days from the date of
his release from confinement ,the
probation and parole officer shall
inform the board of such failure
for the boards appropriate action
Arrival report
• Within 15 working days from the
date when the parolee reported
for supervision ,the probation and
parole officer concerned shall
inform the board through the
technical service of the Probation
and parole administration of such
fact
Mandatory condition of
supervision
• It shall be mandatory for a
parolee to comply with the terms
and condition appearing in the
release documents
Review and modification of
conditions
• The board may,motu propio or
upon recommendation for the
probation and parole
administration ,revise or modify
and terms condition appearing in
the the released documents

• A parolee may not transfer from
the place of residence
designated in his released
documents without the prior
written approval of the Regional
director subject to confirmation
of the board
Outside travel
• A chief probation and parole
officer may authorize a parolee
to travel outside his area of
operational jurisdiction for a
period of not more than thirty 30
days .a travel for more than 30
days shall be approved by the
regional director .
Travel abroad and/or work abroad
• Any parolee under active
supervision /surveillance who has
no pending criminal case in any
court may apply for overseas
work or travel abroad shall be
approved by the parole and
probation administration subject
to approval by the board
Death of parolee
• If a parolee dies during the parole
supervision ,the probation and
parole officer shall immediately
transmit a certified true copy of
the parolee ‘s death certificate to
the board recomending the
closing of the case ,However ,in
the absence of a death
certificate ,an offidavit narrating
the circumstances of the fact of
death from the barangay
chairman or nay authorized
officer or nay immediate relative
where the parolee resided ,shall
suffice
Infraction violation of terms and
conditions of the RD
1. A progress report when a parolee
commits another offense during
the period of his parole
supervision and the case filed
against him has not yet been
decided by the court or on the
conduct of the parolee while
under supervision
2. Infraction report-when the
parolee has been subsequently
convicted of another crime
3. A violation report when a parolee
commits any violation of the
terms and condition appearing in
his release document or any
serious deviation or non
observance of the obligation set
forth in the parole supervision
program .
Arrest of parole
• Upon receipt of an infraction
report the board may order the
arrest or recommitment of the
parolee
• Effect of recommitment of the
parolee
The parolee who is recommitted
to prison by the board shall be
made to serve the remaining
unexpired portion of the
maximum sentence for which he
was originally committed to prison
Withdrawal of released document

The board may recommend the
withdrawal of the released document if
it find that material information given by
the parolee of the board ,either before
or after release was false or
incomplete,or that the parolee had
willfully or maliciously concealed
material information from the board
Summary report
After termination of the maximum
sentence of a parolee ,the probation
and parole officer concerned shall
submit to the board ,through the chief
probation and parole officer a summary
report of his supervision of a parolee
Certificate of final release and
discharged
Upon receipt of the summary report ,the
board shall upon recommendation of
the chief of the probation and parole
officer that the parolee ha substantially
complied with all the conditions of his
released document .issue to the
parolee a certificate of final released
and discharged
Probation is a privilege granted by the
court to a person convicted of criminal
offense to remain in the community
instead of actually going to prison
subject to the conditions imposed by
the court and to the supervision of the
probation officer.
FORERUNNERS OF PROBATION
BENEFITS OF CLERGY – The earliest
device for softening brutal severity of
punishment. In the 13th century it
originated in a compromise with the
church which had maintained that a
member of a clergy brought to trial in a
king’s court might be claimed from that
jurisdiction by the bishop of chaplain
representing him on the ground that the
prisoner was subject to the authority of
the ecclesiastical court only. The benefit
resulting from this compromise was
greater leniency in sentencing and
escape from the death penalty.
JUDICIAL REPRIEVE - It is the withdrawing
of sentence for an interval of time
whereby the execution is suspended
either before or after judgment, as
where the judge is not satisfied with the
verdict or the evidence is suspicious or
the complaint is insufficient, or he is
doubtful, a small felony or any
favorable circumstances appear in the
criminal’s character in order to give
room to apply to the crown for an
absolute or conditional pardon.
RECOGNIZANCE OR BINDING OVER FOR
GOOD BEHAVIOR”. It originated as a
measure of preventive justice involving
an obligation or promise, sworn to
under court order by a person not yet
convicted, that, he would keep the
peace and be of good behavior.
TRANSPORTATION – Any description to a
treatment of crime must include the
system of transportation to her colonies,
which grew from the ancient practice
of banishment as a principal method of
disposing of offenders. A further
economic factor was the large profit of
ship owners in transporting the convicts,
but it was also an attempt to substitute
for brutal punishment, a home an
opportunity for rehabilitation.

PROBATION EMERGES
Rudimentary ideas of individual social
treatment began to appear, especially
in cases of children and youthful first
offenders. In the 19th century the English
magistrates initiated experiments to
save young and inexperienced
offenders from the stigma of prisons.
They made use of the latitude to bind
over defendants, who would be
brought back for sentence if the
conditions for release were violated.
MATTHEW DAVENPORT HILL – is
considered the father of probation in
England beginning in the year 1841, he
has thus acted with regard to juvenile
offenders; when there was ground for
believing that the individual was not
wholly corrupt when there was
reasonable hope of reformation and
when there could be found persons to
act as guardians, kind enough to take
charge of the young convict.
JOHN AUGUSTUS – American pioneer,
father of probation in U.S. It is probable
that John Augustus began to visit the
courts because of his membership in
the Washington Total Abstinence
Society in Boston 1841.
TEODULO NATIVIDAD – Father of
probation in the Philippines.
HISTORY OF PROBATION
Probation originated in the U.S. as early
as 1841 a Boston shoemaker, John
Augustus was interceding with the
courts to suspend the sentence of
youthful offenders and alcoholics and
place them in his charge.
About 1870 Father Cook, became
interested in youth that were tried
before the court whose cases were due
to circumstances rather than to
character. After investigating
each case and findings the offenders
not hardened and still susceptible to
reforms, he madehimself available to
the court as adviser to these offenders.
BACKGROUND OF PROBATION IN THE
PHILIPPINES
Adult probation was twice
attempted in the Philippines 1st in
1935 and once again 3 decades
ago. On August 7, 1935 the
Philippine Legislature enacted the
Probation Act (Act No. 4221. This
law provided probation for first
time offender 18 years old and
above. However probation was
abolished after 2 years of
operation for it was declared
unconstitutional in the case of
“People vs. Vera 37 O.G. 164” on
three grounds:
FREQUENTLY ASKED QUESTIONS AND
ANSWERS ON PROBATION, PARDON AND
EXECUTIVE CLEMENCY.
1. What is probation?
By probation, a person who is
convicted of a criminal offense is not
sent to prison by the sentencing court.
Instead, he/she is released and
placed under the supervision of a
probation officer subject to the
conditions which the court may
impose.
2. Is probation a right?
No, it is a mere privilege for
adult offenders. However, under R. A.
9344 or Juvenile Justice and Welfare
Act of 2006, a Child in Conflict with
the Law (CICL) is granted the right to
probation as an alternative to
imprisonment if qualified under
Probation Law.
3. What are the advantages of
probation?
1. The government spends much
less when an offender is
released on probation than if e
were placed behind bars.
2. The offender and his family are
spared the embarrassment and
dishonor of imprisonment.
3. The offender is able to continue
working and can therefore earn
income, pay taxes and pay
damages to victim of the crime.
4. Who can apply for probation?
Any first time convicted
offender who is eighteen (18) year
old or above.
5. Who cannot be granted probation?
1. Those sentenced to serve a
prison term of more than six (6)
years;
2. Those convicted of any crime
against the national security or
the public order;
3. Those previously convicted by
imprisonment of not less than
one (1) month and one (1) day
and/or a fine of not less than
two hundred pesos (Php
200.00);
4. Those who have once been
placed on probation under the
law;
5. Those serving sentence;
6. Those whose conviction is on
appeal; and
7. Those convicted of an offense
against the Omnibus Election
Code, Insurgency Law and
Wage Rationalization Act.
6. Will probation be automatically
granted to one whose sentence is six
(6) years or less?
No, the application may be
denied by the court if :
1. The offender would be better
rehabilitated if he/she is sent to
prison to serve his/her sentence;
2. There is undue risk that the
offender will likely commit
another crime;
3. Probation will depreciate the
seriousness of the crime
committed.
Under Sec 70 of R.A. 9165, the
Comprehensive Dangerous Drugs Act
of 2002, the first time minor drug
offender who upon promulgation of
the sentence, the court may, in its
discretion, place the accused under
probation, even if the sentence
provided under Sec. 11 of the Act is
higher than that provided under
Probation Law.
7. Where shall an application for
probation be filed?
The application shall be filed
with the court that tried and
sentenced the offender.
8. When should and application for
probation be filed?
Anytime before the offender
starts serving his sentence but within
fifteen (15) days from the
promulgation or notice of the
judgment of conviction.
However, under Sec. 42 of R.A.
9344, the Juvenile Justice and Welfare
Act of 2006, the court may, after it
shall have sentenced a Child In
Conflict with the Law and upon
application at anytime placed the
child on probation in lieu of service of
his sentence.
9. What will happen if the application
for probation is denied?
The offender will be sent by the
sentencing court to prison to serve his
sentence.
10. May an offender be released from
confinement while his application for
probation is pending?
Yes, the applicant may be
released under the bail he filed in the
criminal case, or under recognizance.
11. How many times can one be
granted probation?
Only once.
12. What conditions are imposed by
the court on an offender who is
released on probation?
1. To report to the probation
officer within seventy two (72)
hours after he receives the order
of the court granting probation;
2. To report to his probation officer
at least once a month;
3. Not to commit any other
offense while on probation.
13. What will happen if a probationer
violates the conditions of probation?
The court may modify the
conditions of probation or revoke the
same. If the violation is serious, the
court may order the probationer may
also be arrested and criminally
prosecuted if the violation is a criminal
offense.
14. What is Parole?
It is the release of a prisoner
from the prison after serving the
minimum period of his indeterminate
sentence.
15. Who cannot be granted parole?
Generally, those sentenced to a
term of imprisonment of one year (1)
year or less, or to a straight penalty, or
to a person sentence without a
minimum term or imprisonment.
16. Who may grant a parole to a
prisoner?
The Board of Pardons and
Parole, an agency under the
Department of Justice.
17. When may a prisoner be granted
Parole?
Whenever the Board of Pardons
and Parole finds that there is a
reasonable probability that, if
released, the prisoner will be law-
abiding and that his release will not be
incompatible with the interest and
welfare of society and when a
prisoner has already his/her
indeterminate sentence of
imprisonment.
18. What happens if a parolee violates
the conditions of his parole?
He shall be rearrested and
recommitted or returned to prison to
serve the unexpired portion of the
maximum period of his sentence.
19. What is commutation of sentence?
It is reduction of the period of a
prison sentence.
20. What is conditional pardon?
It is the conditional exemption
of a guilty offender for the punishment
imposed by a court.
21. Who may file a petition for
conditional pardon?
A prisoner who has served at
least one-half (1/2) of the maximum of
the original indeterminate and/or
definite prison term.
22. Who may grant commutation of
sentence and pardon?
The president of the Philippines.
23. Who may file a petition for
commutation of sentence?
The Board may review the
petition of a prisoner for commutation
of sentence if he/she meets the
following minimum requirements:
1. At least one half (1/2) of the
minimum of his indeterminate
and/or definite prison term or
the aggregate minimum of his
determinate and/or prison
terms;
2. At least ten (10) years for
prisoners sentenced to one (1)
reclusion perpetua or one (1)
life imprisonment, for
crimes/offenses not punishable
under Republic Act 7659 and
other special laws;
3. At least twelve (12) years, for
prisoners whose sentences were
adjusted to forty (40) years in
accordance with the provisions
of Article 70 of the Revised
Penal Code, as amended;
4. At least fifteen (15) years for
prisoners convicted of heinous
crimes as defined in Republic
Act No. 7659 committed on or
after January 1, 1994 and
sentenced to one (1) reclusion
perpetua or one (1) life
imprisonment;
5. At least seventeen (17) years for
prisoners sentenced to two (2)
or more reclusion pertpetua or
life imprisonment even if their
sentences were adjusted to
forty (40) years in accordance
with the provision of Article 70 of
the Revised Penal Code, as
amended;
6. At least twenty (20) years, for
those sentenced to death
which was automatically
commuted or reduced to
reclusion perpetua.
24. Who may file a petition for
absolute pardon?
One may file a petition for
absolute pardon if he had served his
maximum sentence or granted final
release and discharge or court
termination or probation.
25. Is a prisoner who is released on
parole or conditional pardon with
parole conditions placed under
supervision?
Yes, the prisoner is placed under
the supervision of Probation and
Parole Officer.
26. Who are those disqualified for the
grant of parole?
Section 2, Act 4103 provides
that parole shall not be granted to the
following prisoners:
1. those convicted of an offense
punished with death penalty,
reclusion perpetua or life
imprisonment;
2. those convicted of treason,
conspiracy or proposal to
commit treason or espionage;
3. those convicted of piracy or
mutiny on high seas or Philippine
waters;
4. those who are habitual
delinquents, i.e. those who,
within a period of ten (10) years
from the date of release from
prison or last conviction of the
crimes of serious or less serious
physical injuries, robbery, theft,
estafa, and falsification are
 found guilty of any of the said
crimes a third time or oftener.
5. those who escaped from
confinement or evaded
sentence;
6. those who having been granted
conditional pardon by the
President of the Philippines shall
violate any of the terms thereof;
7. those whose maximum term of
imprisonment does not exceed
one year or those with definite
sentence;
8. those suffering from any mental
disorder as certified by a
government
psychiatrist/psychologist:
9. those whose conviction is on
appeal or has not yet become
final and executory;
10. those who have pending
criminal cases;
11. those national prisoners serving
sentence in a municipal, city,
district or provincial jail unless
the confinement is in good faith
or due to circumstances
beyond the prisoner’s control.
27. Distinguish probation vs. parole vs.
pardon
Probation is a disposition by
which a person convicted of a
criminal offense is not sent to prison by
the sentencing court, but is released
and placed under the supervision of a
probation officer subject to conditions
which the court may impose.
Parole is the conditional release
of an offender from prison after
serving part of his sentence. Pardon
may be conditional and absolute; it
refers to the exemption of a prisoner,
with or without certain the limits or
conditions from the punishment
imposed by law for the offense he has
committed, resulting to the partial
extinction of his criminal liability in the
case of a Conditional Pardon, or the
absolute restoration of his civil rights
and remits the penalty imposed for
the offense of which he was
convicted, in the case of Absolute
pardon.
28. Who may file a petition for
conditional pardon?
In general, a prisoner who has
served at least ½ of the maximum of
the original indeterminate and/or
definite prison term.
29. Who may file a petition for
absolute pardon?
In general, a person may file a
petition after service of his sentence or
granted final release and discharge or
court termination of probation.
30. Can Probation Vote?
Yes, probationers can register
and vote. The disqualification to the
right of suffrage is only an accessory
penalty, under the Revised Penal
Code. When a person is granted
probation, the principal penalty of
imprisonment is suspended, therefore
it follows that accessory penalty is
likewise suspended.
31. How long is the period of
probation?
Not more than 2 years if the
sentence of the offender is 1 year or
less; and not more than 6 years if the
sentence is more than 1 year.
32. Is probation coterminous with its
period?
No. After the expiration of the
period of probation but before the
issuance of the order of final
discharge, the probation is still in
effect and may still be revoked by the
court for violation of any of the terms
of the conditions.
33. Is an appeal of the civil liability a
bar to the application for probation?
No. Even if by definition civil
liability ex. delicto arises from the
criminal act, once its existence is
established, it should be treated
separately, each with its own
corresponding effects, and thus
cannot be a bar to the application for
probation. (Salvan vs. People, G.R. No.
153845, September 11, 2003).
34. How does one apply for parole,
pardon or executive clemency?
Applicant must file a Petition to
the Board of Pardons and parole at
the following address:
 Board of Pardons and Parole
 DOJ Agencies Bldg.
 NIA Road, corner East Avenue
 Diliman, Quezon City
35. Can Probation be granted even if
the sentences impose a fine only?
Yes, Probation may be granted
whether the sentence imposes a term
of imprisonment or a fine only, as
provided for in Section 14 of PD 968.
36. Whether or not the probationer can
hold public office or exercise his
profession.
Yes. The grant of probation
suspends the imposition of the
sentence of imprisonment and
necessarily, the imposition of the
accessory penalties is likewise
suspended. An order placing the
defendant on probation is not a
sentence but is rather in effect a
suspension of the imposition of the
sentence.
PAROLE AND PROBATION
ADMINISTRATION OMNIBUS RULES
ON PROBATION METHODS AND
PROCEDURES
Pursuant to the authority vested
by law on the Secretary of Justice, the
following implementing Rules and
Regulations are hereby promulgated
according to the provisions of Section
19 (d) and 6 of Presidential Decree
(PD) No. 968, the Probation Law of
1976, embodied in Sections 23-25,
Chapter 7, title III, Book IV, Executive
Order No. 292, otherwise known as the
Administrative Code of 1987.
I. GENERAL PROVISIONS
Section 1. Title. – These Rules
shall be known and sited as the
“Parole and Probation Administration
Omnibus Rules on Probation Methods
and Procedures” or, for brevity,
“Probation Rules” or simply “Rules”
Section 2. Policy Objectives and
Declared Purposes. – These Rules are
adopted to carry out to purposes of
PD 968, as follows:
a) to promote to correction and
rehabilitation of an offender by
providing him with individualized
community based treatment;
b) to provide an opportunity for
his reformation and re-integration into
the community; and
c) to prevent the commission of
offenses.

Section 3. Liberal Construction –
These Rules shall be liberally construed
so as to successfully, efficiently, and
effectively implement, carry out and
effectuate the social justice spirit,
intent and rationale or, summarily, the
“spirit and intent”, of the Probation
Law, and the pertinent provisions of
the Administrative Code of 1987, and
the policy objectives and declared
purposes of these Rules, in line with
the well-settled social justice
orientation of the 1987 Constitution.
In the event of doubt, or conflict
the spirit and intent of the Probation
Law and these Rules shall prevail over
the letter or literal provisions thereof,
considering that they partake of social
legislation and are special laws in
nature and character.
Section 4. Definition of terms –
As used in these Rules, unless the
context provides otherwise, the
following terms shall be construed,
thus:
(a) “Probation” – a disposition under
which a defendant, after conviction
and sentence, is released subject to
conditions imposed by the Trial Court
and to the supervision of a Probation
Officer.
(b) “Petitioner” – a convicted
defendant who files an application for
probation;
(c) “Probationer” – a person who is
placed under probation ;
(d) “Probation officer” – public officer
like the Chief Probation and Parole
Officer (CPPO), supervising Probation
and Parole Officer (SPPO), Senior
Probation and Parole Officer (SrPPO),
Parole and Probation Officer II (PPOII),
or Parole and Probation Officer I
(PPOI), who investigates for the Trial
Court a referral for probation or
supervises a probationer or does both
functions and performs other
necessary and related duties and
functions as directed;
(e) “Trial Court” – refers to the
Regional Trial Court (RTC) of the
province or City/Municipal Court
which has jurisdiction over the case;
(f) “Probation Office” – refers either to
the Provincial or City Probation Office
directed to conduct investigation or
supervision referrals as the case
maybe;
(g) “Probation Order” – order of the
Trial Court granting Probation.
The appearance of the above-
mentioned Parole and Probation
Administration (PPA) officials, upon
written invitation or order of the Trial
Court, may be on issues on Probation
services only not on legal questions,
the latter issue being within the
province of the courts to decide or
resolve.
Section 5. Amicus Curiae – Upon
written invitation by the Trial Court, the
Administrator and/or Deputy
Administrator, for the Agency Level,
Regional Director, for the Regional
Level, Chief Probation and Parole
Officers for the City or Provincial Level
may appear as amicus curiae on any
probation investigation and
supervision issue, concern or matter.
II. APPLICATION FOR PROBATION
Section 6. Filing. – Application
for probation shall be filed with the
Trial Court which has jurisdiction over
the case.
Section 7. Time for Filing. – The
applicant shall file his application with
the Trial Court at any time after
conviction and sentence but within
the period for perfecting his appeal as
provided by the Rules of Court.
Section 8. Form. – The
application for probation shall be in
the form approved by the Secretary of
Justice as recommended by the
Administrator or as may be prescribed
by the Supreme Court. Offical form or
Xerox copy at the same time may be
obtained or secured from any City or
Povincial Parole and Probation Office
for free.
Section 9. Notice of the
Prosecuting Officers of the Filing of the
Application. – the Trial Court may
notify the concerned Prosecuting
Officer of the filing of the application
at a reasonable time it deems
necessary, before the scheduled
hearing thereof.
Section 10. Comment. – the
Prosecuting Officer may submit his
comment(s), if any, on the application
within a reasonable time given to him
by the Trial Court from his receipt of
the notice to comment.
Section 11. Referral to Proper
Probation Office. – If the Trial Court
finds that the application is in due
form and the applicant appears to be
qualified for the grant of Probation, it
shall order the City or Provincial Parole
and Probation Office within its
jurisdiction to conduct a Post-
Sentence Investigation (PSI) on the
applicant and submit the Post-
Sentence Investigation Report (PSIR)
within sixty (60) days from receipt of
the order of said court to conduct
such investigation with findings and
recommendation as stated in PD 968,
as amended.
Section 12. Docket Book. – All
court orders for PSI, copies of which
were received by the Probation
Office, shall be numbered
consecutively in the order received by
said Office and recorded in its Docket
Book for the purpose, indicating
therein, among others, the date of
receipt thereof, court, its branch and
address, applicant’s name, criminal
case number, description/designation
of the offense, penalty imposed, and
other related data and information.
Corollary to this, the trial court
may direct the applicant to report to
the proper probation office within
seventy-two (72) hours from the
receipt of such order.
Section 13. Effects of filing and
receipt. –
 (a) The Trial Court may, upon
receipt of the application filed,
suspended the execution of the
sentence imposed in the judgment.
(b) Pending the submission of
the PSIR (PPA Form 3) and the
resolution on the application, the
applicant may be allowed on
temporary liberty under his bail filed in
the criminal case: Provided, that, in
case where no bail was filed or the
applicant is incapable of filing one,
the trial court may allow the release of
the applicant on recognizance to the
custody of a responsible member of
the community who shall guarantee
his appearance whenever required by
the trial court.
III. POST-SENTENCE INVESTIGATION
Section 14. Assignment. – After receipt
from the trial court, the City or
Provincial Parole and Probation Office
concerned, through the CPPO shall
assign the same to the office clerk for
docketing and eventual assignment
to a subordinate investigating
Probation Officer for the conduct of
the PSI or conduct such investigation
himself.
Section 15. Initial Interview Work
Sheet: Waiver. –
(a) Within five (5) working days
from receipt of said delegated
assignment (or self- assignment), the
investigation probation officer on case
(or chief probation and parole officer)
shall initially interview the applicant if
the appeared in the probation officer
upon response to the seventy-two (72)
hours limitation given to him by the
trial court. if not, the probation officer
on case may write the applicant in his
court given address, or personally visit
applicant`s place to schedule an
initial interview at the probation
officer.
During such initial interview,
the probation officer on case or CPPO
shall require the applicant to
accomplish and sign a post-sentence
investigation work sheet (PPA form 1).
The investigation probation officer on
case or CPPO shall conduct further
investigation bases on the information
contain therein.
(b) A waiver-Cum-authorization (PPA
form 2), authorizing the PPA and /or
the probation officer to secure any
and all information on the applicant,
shall be duty executed and signed by
him.
Section 16.scope and extent –
after accomplishing the post-
sentence investigation work sheet and
the Waiver-Cum-Authorization, he
same shall be immediately submitted
to the probation office. The
investigating probation officer on case
or CPPO shall conduct a thorough
investigation on the antecedents,
mental and physical condition,
character, socio-economic status and
criminal records. If the any, of the
applicant and the institutional and
community resources available or his
rehabilitation.
In case applicant has a criminal
record(s), such should be verified with
the proper government agency(ies)
as to its disposition/resolution which
has/have to be property reflected in
the PSIR.
For the sake of obtaining addition
information or clarity conflicting data,
the investigating probation officers on
case may conduct further and
interview to avoid discrepancies of
facts/information.
The investigating probation officer on
case or CPPO shall assess and
recommend or prescribe the suitable
probation treatment and supervision
program upon the applicant, if
granted probation.
Section 17. collateral information –
during the conduct of the PSI,
collateral information must be gather
from those persons who have direct
personal knowledge of the applicant,
offended party., family member,
and/or their relatives, including
barangay officials and disinterested
persons.
Section 18. subsequent or further
interviews – to obtain additional data,
counter check, or clarity
discrepancy/ies between the
information received from the
applicant and those secured from
other sources, the investigating
probation officer on case or CPPO
may conduct subsequent or further
interview on the applicant and/or
other persons and deemed
appropriate.
Section 19. nature of interview – the
data and information gathered from
the interview of the applicant and/or
other persons and from other
collateral information, as well as law
enforcement agencies, shall be strictly
privileged and confidential in nature.
During such interview and information-
gathering processes, the applicant
those not necessarily to be
represented and assisted by counsel
Section 20. Confidentiality of Post-
Sentence Investigation Information. -
The investigating Probation and Parole
Officer on case or CPPO shall inform
the applicant of the confidential
nature of the information taken during
the PSI and the limited scope and
extent, whereby said information, may
be disclosed only to some statutorily
designated authorities and entities
pursuant to Section 17 of PD 968, as
amended, and Section 64 of these
Rules.
Section 21. Absconding Applicant. - If
the applicant whose application for
Probation has been given due course
by the proper court has failed to
present himself/herself to the proper
office within seventy-two (72) hours
from his/her receipt of the Probation
Order or within reasonable time
therefrom, said office shall first exert
best diligent efforts to inquire on,
search, find and locate his/her
whereabouts before it shall report
such fact with appropriate
recommendation to the proper court,
considering the surrounding
circumstances of place, date and
time, his/her health condition and
other related factors.
IV. POST-SENTENCE INVESTIGATION
REPORT
Section 22. Submission. – After the
completion of the PSIR (PPA Form 3),
the probation Office shall submit such
PSIRto the Trial Court within the period
prescribed in Section 7nof the
Probation Law of 1976,as amended, or
within the period ordered by the Trial
Court.
Section 23. Purpose. - The PSIR aims to
enable the Trial Court to determine
whether or not the ends of justice and
the best interest of the public primarily,
as well as that of the applicant, would
be served by the grant or denial of the
application.
Section 24. Contents. – (a) The PSIR
shall contain, among others, the
following:
(i) circumstances surrounding the
crime or offense for which the
applicant was convicted and
sentenced, taken from the applicant
himself, offended party and others,
who might have knowledge of the
commission of the crime or offense,
and pertinent information taken from
the police and other law enforcement
agencies, if any, and Trial Court
records;
(ii) details of other criminal records,
if any;
(iii) personal circumstances,
educational, economic and socio-
civic data and information about the
applicant;
(iv) characteristics of applicant,
employable skills, employment history,
callateral information;
(v) evaluation and analysis of the
applicant’s suitability and legal
capacity for probation and his
potential for rehabilitation, reform,
development, transformation and re-
integration into the community;
(vi) recommendation to: (A) grant
the application, including probation
period, probation conditions and
probation treatment and supervision
plan/program; or (B) deny the
application;
(vii) data and information on the
applicant’s financial condition and
capacity to pay, his civil liability, if any;
(viii) results of findings of drug,
psychological and clinical tests
conducted, if any;
(ix) results of criminal records, if any,
whether decided or still pending
furnished by various law enforcement
agencies tapped by the Probation
Office for such purpose;
(x) result(s) of courtesy
investigation, whether GCI/FBCI or
PGCI (See Sec. 27 of these Rule), if
any, conducted in the birth place or
place of origin of applicant especially
if he plans to reside thereat while on
probation, if ever his application will
be granted; and
(xi) other analogous and related
matters.

(b) to obtain additional data or clarify
discrepancy between the information
receive from the applicant and those
secured from other sources, the
investigating Probation Officer and/or
Chief Parole and Probation Officer
may conduct such subsequent or
further interviews on the applicant
and/or other persons as may be
deemed proper and necessary.
Section 25. Nature of
Recommendation – The entire PSIR
submitted to the Trial Court is
recommendatory in nature and the
final recommendation contained on
the last page of the PSIR is persuasive
in character addressed to the sound
discretion of the Trial Court
considering that the denial or grant of
probation is a judicial function.
Section 26. Signatories. – The
PSIR shall, as a Rule be prepared by
the investigating Probation Officer on
case and approved by the CPPO.
Both shall initial each and all the
pages thereof, except the last page
on which they shall affix their
respective signatures.
V. FULL BLOWN COURTESY
INVESTIGATION AND TRANSFER
OF CONDUCT OF REFERRAL
INVESTIGATION
Section 27. Its Nature and
Coverage. – Full Blown Courtesy
Investigation (FBCI) is a General
Courtesy Investigation (GCI) from
another City or Provincial Parole and
Probation Office which requests for a
complete PSIR on a petition for
probation pending referral
investigation in the Probation Office of
origin.
It shall take place when upon
initial investigation it is gathered that,
(a) Applicant for probation is a
transient offender in the place of
commission of the crime and/or a
permanent resident of another place;
(b) He spent his pre-adolescent
and/or adolescent life in the Province
or City of origin;
(c) He attended and/or finished
his education thereat; and
(d) His immediate family
members, collateral informants or
disinterested persons and official who
can best authenticate the inter-family
relationship, upbringing, behaviour of
the applicant for probation in the
community are residents of the place
of his origin.
Section 28. Transfer of referral
Investigation. – When proper under
the immediately preceding section
and warranted under the
circumstances, a FBCI, may be
brought to the attention of the Trial
Court to transfer the conduct off the
referral investigation to the Probation
Office of the province or city of origin
of applicant for probation.
Section 29. Transfer to the
Executive Judge. – In case of the
suitability for probation of the
applicant for probation, it shall be
recommended in the PSIR by the
Probation Office, that simultaneous
with the grant of probation, the
control over the applicant and his
probation rehabilitation program be
transferred to the Honorable Executive
Judge of the RTC of the Province or
City of origin subject to the actual
visitation and supervision of the
Probation Officer of said province or
city.
Section 30. General Courtesy
Investigation. – All other General
Courtesy Investigation (GCI)
mentioned in the three (3) preceding
sections not falling within the purview
of a FBCI to be conducted by another
Probation Office shall be known as
Partial Courtesy Investigation (PCI)
which would no longer be brought to
the attention of the Trial Court for the
transfer of the conduct of the referral
investigation as mentioned in Sec. 27
of these Rules.
To facilitate immediate and
thorough investigation of cases, and
to save time, effort and money on the
part of the investigating SPPOs, Sr.
PPOs, PPOs II, PPOs I, the GCI which is
usually undertaken outside the area of
a Probation Office’s jurisdiction (i.e
from Manila to Valenzuela, from
Manila to Quezon City, from Manila to
Marikina, etc. and vice-versa) shall
henceforth, be resorted to,
considering the monstrous traffic
nowadays.
VI. PROBATION ORDER
Section 31. Period to Resolve the
Application for Probation. – the
application for probation shall be
resolved by the Trial Court not later
than fifteen (15) days from the date of
its receipt of the PSIR.
Section 32. Nature of Probation:
Effect of the Grant of Probation. –
(a) Probation is but a mere
privilege and as such, its grant or
denial rests solely upon the sound of
discretion of the Trial Court. After its
grant it becomes a statutory right and
it shall only be cancelled or revoked
for cause and after due notice and
hearing.
(b) The grant of probation has
the effect of suspending the
execution of sentence. The Trial Court
shall order the release of the
Probationer’s cash or property bond
upon which he was allowed
temporary liberty as well as release
the custodian on ROR from his
undertaking.
Section 33. Effectivity of
Probation Order. – A probation order
shall take effect upon its issuance, at
which time the court shall inform the
offender of the consequences thereat
and explain that upon his failure to
comply with any of the conditions
prescribed in the said order or his
commission of another offense under
which he was placed on probation.
Upon receipt of the Probation
Order granting probation the same
shall be entered in a Docket Book for
proper recording.
An order of denial shall be
docketed as well.
 Section 34. Finality. – The order institution, when required for that
of the court granting or denying purpose;
probation shall not be appealable.
(e) comply with a program of
VII. TERMS AND CONDITIONS OF payment of civil liability to the
PROBATION offended party or his heirs, when
required by the Trial Court as
Section 35. Mandatory embodied in its decision or resolution;
Condition. – A Probation Order shall
require the probationer: (f) pursue a prescribed secular
study or vocational training;
(a) to present himself to the
Probation Office for supervision within (g) attend or reside in a facility
72 hours from receipt of said order; established for instruction, recreation
and or reside of persons on probation;

(b) to report to the assigned SPPO, (h) refrain from visiting houses of
Sr. PPO, PPO II, PPO I on case at least ill-repute;
once a month during the period of
probation at such time and place as (i) abstain from drinking
may be specified by the Probation intoxicated beverages to excess;
Office.
(j) permit the Supervising
Section 36. Other Conditions. – The Probation Officer on case or an
Probation Order may also require the authorized social workers to visit his
probationer, in appropriate cases, to: home and place of work;

(a) cooperate with his program (k) reside at premises approved

of probation treatment and by the Trial Court and not to change
supervision; his residence without prior written
approval of said court; and /or
(b) meet his family
responsibilities; (l) satisfy any other conditions
related to his rehabilitation into a
(c) devote himself to a specific useful citizen which is not unduly
employment and not to change said restrictive of his liberty or incompatible
employment without prior written with his freedom of conscience.
approval of the CPPO;
Section 37 Indemnification. – (please
(d) undergo medical, or see “Guidelines on Payment of Civil
psychological, or clinical or, or drug or Liability”, Annex “30”, p. 253) Payment
psychiatric examinations and for civil liability shall be done using the
treatment and remain in a specified following modes:
(a) Payment can be given to the
Clerk of Court of the Trial Court, who
will in return hand over the sum to the
victim who shall issue a corresponding
receipt; a copy of which should be
given by the probationer to the
Probation Office in order to monitor
such payment;
(b) Payment may be deposited by
the probationer to the victim’s
account where the bankbook is kept
at the Probation Office to be given to
the victim for his proper disposition;
(c) Payment can be effected
directly to the victim and the receipt
must be filed in the supervision record
of the probationer kept at the
Probation Office.
Further, that the practice of
giving the payment to the Supervising
Probation Officer on case (or the
CPPO) to be remitted to the victim,
although with receipts, should be
highly discouraged and discontinued
outrightly.
VIII. SUPERVISION OF PROBATIONERS
Section 38. Purpose. – The
primary purpose of probation
supervision are:
(a) to ensure the
probationer’s compliance with the
probation conditions specified
in the Probation
Order and the prescribed probation
treatment and supervision
program/plan;
(b) to manage the process of the
probationer’s rehabilitation and re-
integration into the community; and
(c) to provide guidance for the
probationer’s transformation and
development into a useful citizen for
his eventual reintegration to the
mainstream of society.
Section 39. Commencement of
Supervision Service. – For purposes of
these Rules, supervision service shall
commence on the day of initial
interview or reporting of a
probationer. Such fact shall be duly
noted in the case notes of the client.
Section 40. Initial Report. –
(a) Upon the
probationer’s appearance for his
initial supervision, the Supervising
Probation Officer
on case, or CPPO himself shall:
i) give
instructions to the client using PPA
Form 4 in order to reinforce
probationer’s awareness of the
probation conditions specified in the
Probation Order in a language or
dialect understood him;
ii) formulate
with the client, the supervision
treatment plan; and
iii) carry out
other related activities.
(b) Upon receipt of a copy of PPA
Form No. 4, and a copy of the
Probation Order on a particular
probationer the Probation Office
through the CPPO shall immediately
assign the probation supervision case
to his subordinate Probation Officer.
In the event that the
probationer does not report for initial
supervision within the prescribed
period after the Probation Order has
been released by the Trial Court, or his
whereabouts are unknown, the
Probation Officer shall exert his best
efforts to find said probationer and
conduct such field inquiry as is
necessary within a reasonable period
of time, before considering the fact
that the subject has absconded
amounting to a violation of a
probation condition, requiring the
preparation and submission of a
Violation Report (PPA Form 8) to the
Trial Court.
Section 41. Outside Travel. –
(a) A Probation Officer may authorize
a probationer to travel outside his
area of operational/territorial
jurisdiction for a period of more than
ten (10) days but not exceeding thirty
(30) days.
(b) A Probationer who seeks to travel
for up to thirty (30) days outside the
operational/territorial jurisdiction of the
Probation Office shall file at least five
(5) days before the intended travel
schedule a Request for Outside Travel
(PPA Form 7) with said office properly
recommended by the Supervising
Probation Officer on case and
approved by the CPPO.
(c) If the requested outside travel is for
more than thirty (30) days, said
request shall be recommended by the
CPPO and submitted by the Trial Court
for approval.
(d) Outside travel for a cumulative
duration of more than thirty (30) days
within a period of six (6) months shall
be considered as a courtesy
supervision.
Section 42. Change of Residence:
Transfer of Supervision. –
(a) A Probationer may file a Request
for Change of Residence (PPA Form
24) with the City or Provincial Parole
and Probation Office, citing the
reason(s) therefore this request shall
be submitted by the Supervising
Probation Office for the approval of
the Trial Court.
(b) In the event of such approval, the
supervision and control over the
probationer shall be transferred to the
concerned Executive Judge of the
RTC, having jurisdiction and control
over said probationer, and under the
supervision of the City or Provincial
Parole and Probation Office in the
place to which he transferred.
Thereafter, the Executive Judge of the
RTC to whom jurisdiction over the
probationer is transferred shall have
the jurisdiction and control with
respect to him which was previously
possessed by the Court which granted
probation.
(c) The receiving City or Provincial and
Parole and Probation Office and the
receiving court shall be duly furnished
each with copies of the pertinent
probation order, PSIR (PPA form 3),
and other investigation and
supervision records by the sending
probation office for purposes and in
aid of continuing effective probation
supervision treatment over said
probationer.
Section 43. Absconding probation –
(a) A probationer who has not
reported for initial supervision within
the prescribed period and/or whose
whereabouts could not be found,
located or determined despite best
diligent efforts within reasonable
period f time shall be declared by the
proper office as an absconding
probationer.
(b) thereafter said office shall file with
the proper court a violation report
(PPA form 8), containing its findings
and recommendation, duly prepared
and signed by the supervising parole
and probation officer and duly noted
by the chief parole and probation
officer.
Section 44. Modification or revision of
probation conditions –
(a) During the probation supervision
period, the trial court may motu
proprio or, upon motion by the city of
provincial parole and probation office
or by the probationer or his lawyer.
Section 45. Effectivity and finality of
modified or revised probation order –
(a) The trial court may modify or revise
the probation order which shall
become effective and final upon its
promulgation and receipt thereof by
the probationer, unless specified
otherwise by said order.
IX. VIOLATION PROBATION CONDITION
Section 46. Concept. – A
probationer’s specific act and/or
omission(s) constitutive of a violation
of probation condition(s) set forth in
the original, modified or revised
Probation Order shall be reported to
the Trial Court, taking into account the
totality of the facts and surrounding
circumstances and all possible areas
of consideration.
Section 47. Fact-Finding
Investigation. - Based on reasonable
cause reported by a reliable informant
or on his own findings, the SPPO, Sr.
PPO, PPO II, PPO I concerned or the
CPPO himself shall conduct or require
the Supervising Probation Officer on
case to immediately conduct a fact-
finding investigation on any alleged or
reported violation of probation
condition(s) to determine the veracity
and truthfulness of the allegation.
Section 48. Report: Violation of
Condition. –
(a) After the completion of the fact-
finding investigation, the Supervising
Probation Officer on case shall
prepare a violation report thereon
containing his findings and
recommendations and submit the
same to the CPPO for review and
approval.
(b) In some cases, a probationer who
has not reported for initial supervision
within the seventy-two (72) hours from
his receipt of the Probation Order or
within the prescribed period ordered
by the Trial Court or whose
whereabouts could not be
ascertained notwithstanding best
efforts exerted within a reasonable
period of time by the City and
Provincial Parole and Probation Office
shall be immediately reported to the
Trial Court for appropriate action.
(c) Thereafter, said Parole and
Probation Office shall file with the Trial
Court a violation Report (PPA Form 8),
containing its findings and
recommendation, duly prepared and
signed by the SPPO, Sr. PPO, PPO II,
PPO I concerned and duly noted by
the CPPO for the court’s resolution.
Section 49. Violation Report. Its
Contents: Signatories and Submission
to Trial Court. –
(a) The Violation Report shall
include, among others, the following:
i) accurate and complete statement
of the facts and surrounding
circumstances, including but not
limited to the:
(a) nature, character and
designation of the violation;
(b) specific acts and/or omissions
constitutive of the violation;
(c) place, date and time of
commission or omission;
(d) statements or affidavits of
apprehending officers and offended
parties and
(e) other related data and
information.
ii) probationer’s response, explanation
and clarification duly sworn to before
a notary public and other supporting
testimonial, documentary and
objective evidence;
iii) findings, assessment and
recommendation of the Probation
Office.
(b) The Violation Report shall be
prepared and signed by the SPPO,
SrPPO, PPOII or PPOI concerned and
approved and signed by the CPPO.
Section 50. – Arrest of Erring
Probationer. – After having duly
considered the nature and gravity of
such reported violation based on the
submitted Violation Report, the Trial
Court may issue a warrant for the
arrest of the probationer for serious
violation of his probation condition.
Section 51. Hearing of the
Violation of Probation. – Once
arrested and detained, the
probationer shall immediately be
brought before the Trial Court for a
hearing of the violation charged.
In the hearing which shall be
summary in nature, the probationer
shall have the right to be informed of
the violation charged and to adduce
evidence in his favor.
 The court shall not be bound by
the technical rules of evidence, but
may inform itself of all the facts which
are material and relevant to ascertain
the veracity of the charge.
The probationer may be
admitted to bail pending such
hearing. In such case, the provisions
regarding release on bail of persons
charged with the crime or offense
shall be applicable to probationers
arrested under this provision.
Section 52. Disposition: Effect of
Revocation: Remedy. –
(a) After a serious violation of a
probation condition has been
established in the hearing, the Trial
Court may order the continuance of
the probationer’s probation or
modification of his probation
conditions or revoke his probation
whichever is proper and just under in
judicial discretion.
(b) If the probation period has been
revoked, the Trial Court shall order the
probationer to serve the sentence
originally imposed in the judgment of
his case for which he applied for
probation.
(c) A court order modifying the
probation conditions as in Sec. 44 of
these Rules or revoking probationer’s
probation shall not be appealable.
However, it may be correctable by
certiorari under the Rules of Court.
Section 53. Right of Counsel. - In the
hearing or proceeding for violation of
probation conditions, the probationer
shall have the right to counsel of his
own choice.
Section 54. Representation for the
State, - For the Prosecution of serious
violation of probation condition(s),
during said hearing or proceeding, the
state shall be represented by the
proper prosecuting officer.
X. EARLY TERMINATION
Section 55. Coverage. – The following
probationers may be recommended
for the early
termination of their probation period:
1. Those who are suffering from serious
physical and/or mental disability such
as deaf-mute, the lepers, the crippled,
the blind, the senile, the bed-ridden,
and the like;
2. Those who do not need
further supervision as evidenced by
the following:
(a) Consistent and religious
compliance with all the conditions
imposed in the order granting
probation;
(b) Positive response to the programs
of supervision designed for their
rehabilitation
(c) Significant improvements in their
social and economic life;
(d) Absence of any derogatory record
while under probation;
(e) Marked improvement in their
outlook in life by becoming socially
aware and responsible members of
the family and community; and
(f) Significant growth in self-esteem,
self-discipline and self-fulfillment;
Provided, that, the probationers
involved have already served one-
third(1/3) of the imposed period of
probation; and provided further, that,
in no case shall the actual supervision
period be less than six (6) months.
3. Those who have:
(a) To travel abroad due
to any of the following:
(1) An approved
overseas job contract or any other
similar documents; or
(2) An approved application for
scholarship, observation tour or study
grant for a period not less than six (6)
months; or
(3) An approved
application for immigration.
(b) To render public
service
(1) Having been
elected to any public office; or
(2) Having been
appointed to any public office.
Provided, However, that the
probationers involved have fully paid
their civil liabilities, if any. And, that the
probationers were not convicted for
offenses involving moral turpitude.
4. Other probationers who have
fully cooperated with/participated in
the programs of supervision designed
for their rehabilitation and who are
situated under
conditions/circumstances similar in
nature to those above-described at
the discretion of the proper authorities.
Section 56. Procedure. – in the
first year of implementation, the
following steps shall be observed to
effect the early termination of
probation:
1. The Supervising Probation
Officer on case who exercises direct
supervision over the probationer shall
prepare the motion for the
modification of probation, i.e early
termination addressed to the Court
which has no control and supervision
over the probationer concerned in
accordance with Section 12 of the
Probation Law of 1976, as amended.
The motion shall bear the approval of
the head of the City or Provincial
Parole and Probation Office without
prejudice to the latter taking the
initiative for preparing said motion.
2. The motion shall thereafter be
forwarded for review and clearance
to the Regional Director who shall act
on said motion within a period of three
(3) days after receipt of the same.
3. Should the motion be
approved by the Regional Director,
the Supervising Probation Officer on
case shall file the same with the Trial
Court within two (2) days after receipt
thereof.
4. Should the said motion be
disapproved, the same shall be filed in
the supervision case file/record of the
probationer for future reference.
5. Should the motion be
approved by the Trial Court, the
procedure for termination, due to
successful completion of probation
specified in the Rules shall apply.
XI. PROBATION AIDES
Section 57. Qualifications:
functions. –
(a) The Probation Aides must be
citizens of good repute and probity, at
least 18 years of age on the date of
appointment, at least high school
graduates and preferably residence
of the same locality or community
covering the place of residence of the
probationer and/or the CPPOs, SPPOs,
and SrPPOs, PPOsII, and PPOsI.
(b) Probation Aides may be requested
to assist the CPPOs, SPPOs and SrPPOs,
PPOsII, and PPOsI in the supervision of
probationers, assigned up to a
maximum case load subject to
administrative and technical
supervision by the above-mentioned
Probation Officers, prepare records of
their activities and accomplish related
reports and prompt submission
thereof; and undertake other related
activities. They maybe designated to
identify, generate, tap local
community resources or conduct such
activities on skills training and sports
and cultural programs for clients.
Section 58. Appointment: Term of
Office. –
(a) Probation Aides shall be
appointed by the Probation
Administrator or through authority
delegated to the Regional Directors
within their respective areas of
responsibility upon the
recommendation of the CPPOs.
(b) Probation Aides so appointed may
hold office during good behaviour for
a period of two (2) years, renewable
at the end of each period; provided,
that, the appointing authority may at
any time terminate the services of
Probation Aides for unsatisfactory
performance for at least two (2)
consecutive semesters as determined
by the proper offices and/or for other
lawful and valid cause(s). Thereafter,
his reinstatement shall be determined
by his display of good behaviour as
determined by collateral informants
and the appointing authority.
Section 59. Caseload. –
(a) in assigning probation supervision
caseload(s) to the Probation Aides,
the Probation Offices shall duly
consider their respective
qualifications, length of service, work
accomplishments, and other related
criteria. And, as to maximum
supervision caseload to be given to
them, the Probation Office should,
exercise utmost prudence and
caution.
(b) The maximum supervision
caseloads of a Probation Aide at any
given time, shall be ten (10)
probationers on minimum case
classification or three (3) probationers
on maximum case classification in
addition to other duties.
XII. TERMINATION OF THE PROBATION
SUPERVISION CASE
Section 60. Grounds. – The probation
supervision period may be terminated
on any of the following grounds:
(a) successful completion of
probation;
 (b) probation revocation for
cause under Section 49 (a-c) of these
Rules;
(c) death of the probationer;
(d) early termination of
probation; or
(e) other analogous cause(s) or
reason(s) on a case-to-case basis as
recommended by the probation
Office and approved by the trial
court.
Section 61. Termination Report. – The
City and Provincial Parole and
Probation Office shall submit to the
Trial Court a Probation Officer’s Final
Report (PPA Form 9) thirty (30) days
before the expiration of the period of
probation embodying, among others,
the following:
(a) brief personal circumstances
of the probationer;
(b) brief criminal circumstances about
his case (i.e criminal case number,
court, branch, period of probation,
initial and last date of probation)
(c) prescribed probation treatment
and supervision program;
(d) probationer’s response to the
treatment plan/program;
(e) recommendation to discharge the
probationer from probation and the
restoration of all his civil rights.
(f) such other relevant and material
facts and information which may be
required by the Trial Court.
Section 62. Final Discharge. –
After expiration of the original or
extended probation period and
based on due consideration of the
POs final report, the Trial Court may
order the final discharge of the
probationer upon finding that he has
fulfilled the probation terms and
conditions and, thereupon, the
probation supervision case is deemed
terminated.
Section 63. Legal Effects of Final
Discharge: Termination Order. –
(a) the final discharge of a
probationer shall operate to restore to
him all civil rights lost or suspended as
a result of his conviction and to fully
discharge his liability for any fine
imposed as to the crime or offense for
which probation was granted without
prejudice to his civil liability. It is hereby
understood that, the probationer’s
political rights are not lost or
suspended even during the probation
period.
(b) the probationer and the probation
office shall be promptly furnished with
copies of such final discharge or
Termination Order.
XIII. CLOSING OF THE PROBATION CASE
Section 64. Point in Time. – After
actual receipt of the Termination
Order finally discharging the
probationer, the Probation Office shall
formally close the probation case and
keep clients case file.
Section 65. Mode. –
Immediately after such closure of the
probation case, the corresponding
probation records shall be archived,
but not after the proper reporting is
done.
XIV. PROBATION REPORTS
Section 66. Monthly. – The Probation
Offices through the CPPO shall submit
within the first ten (10) days of the
ensuing month to the Administrator
(Attn.: Case Management and
Records Division), copy furnished the
RDs concerned, their Monthly
Caseload Summary Reports (PPA Form
5) and its attachment.
Section 67. Semestral. – The Probation
Offices shall also submit within the first
fifteen (15) days of the ensuing
semester to the Administrator, copies
furnished the RDs and the PPA
Planning Staff with their respective
Semestral Accomplishment Progress
Reports containing among others, the
list and brief description of their work
accomplishment for the quarter, their
encountered problems and
suggested solutions, and other related
matters.
Section 68. Annual. – The Regional
Offices through the RDs shall submit
within thirty (30) days of the ensuing
year to the Administrator, copy
furnished the PPA Planning Staff, their
respective Annual Reports containing,
among others, operational highlights,
special programs and projects
undertaken and/or other significant
accomplishments for the year.
Thereafter, The administration shall
submit a consolidated
accomplishment report to the
Secretary of Justice on or before the
last day of February each year as
required under Executive Order No.
292. Sec. 37, Chapter 6, Book IV
thereof.
XV. MISCELLANEOUS PROVISIONS
Section 69. Forms. – All the probation
forms specified herein shall be
understood to have been
contemporaneously prescribed and
approved as integral parts of these
Rules, except those properly
pertaining to the Supreme Court and
lower courts. Subsequent probation
forms shall be prescribed by the
Administration and Approved by the
Secretary of Justice, from time to time
as the need arises.
Section 70. Confidentiality of
Probation Records. – the PSIR and the
supervision case notes of a
probationer obtained under PD NO.
968, as amended, and these rules,
otherwise known as probation
investigation and supervision records,
shall be privileged and shall not be
disclosed directly or indirectly to
anyone that the parole and probation
administration, the trial court, or other
court(s) concerned, except that the
court of original (trial court) may, in its
sound direction, permit the
probationer or his attorney to inspect
the aforementioned documents or
parts thereof wherever the best
interest of the probationer makes such
disclosure describable or helpful;
provided, that, any government
office or agency engaged in the
correction or rehabilitation of
offenders or any researchers (i.e.
psychologists., sociologists, graduate
students, academicians, etc.) may, if
necessary, obtained copies of said
documents from the trial court or the
parole and probation administration,
for official and/or research (graduate
or special studies)purpose and other
similar undertakings for the sake of
public policy, justice and public
interest.
Section 71. Miscellaneous powers of
chief probation and parole officers. –
The CPPOs shall have the authority
within their respective territorial
jurisdiction to administer oaths and
acknowledgments and to take
depositions in correction with their
duties and functions under PD NO.
968, as amended, and these rules. the administration. The administration
They shall also have, with respect to shall issue the necessary policies,
probationers under their care, the guidelines and standard operating
powers of a police officer. As such, procedures (SOPs) on the
they shall be considered as persons in development, formulation,
authority. implementation and administration of
Section 72. Authority to issue programs, project and activities and
rules or rulings and administer on the utilization, disbursement,
programs and project – operation and management of said
(a) the administrator may issue rules or fund, subject to the usual government
rulings to clarity, interpret or construe accounting regulations and auditing
the provisions of these rules and the procedures.
probation law without the need of Section 73. Appropriation – so
public notice, hearing and mush budgetary amount as may be
publication. necessary shall be included in the
(b) the administration shall annual appropriations of the national
(1) develop, formulate, government for the PPA in order for it
implement and administer to move efficiently and effectively
appropriate organizational programs; and successfully implement the
(2) provide educational provisions of PD No. 968, as amended,
technical, financial and calamity the pertinent provisions of executive
assistance to clients and personnel, order No. 292 (administrative Code of
(3)offer livelihood and enterprise 1997) and these rules.
development; Section 74. Repealing Clause –
(4) generate job placement any or all provisions of existing
and employment opportunities, regulations, orders and issuances
(5) undertakes surveys and inconsistent with or contrary to these
researches related to program rules are hereby modified or repealed
implementation ; accordingly.
(6) assist in giving amelioration, Section 75. Separability clause –
provident and welfare benefits; and if any part, section or provision of
other socio-economic development these rules is held invalid or
and transformation programs, projects unconstitutional, the other parts,
and activities for probationers, their sections or provisions not affected
immediate families and other thereby shall continue in operation.
dependents; Section 76. Filing – it is herby
(7) support associations and reported that three (3) certified copies
communities of its clients and, of these rules shall be filed the U.P law
whenever applicable, of its personnel. center, pursuant to section 3, chapter
For this purpose, there is hereby 2, book VII, executive orders No.
constituted a special fund, known as 292,otherwise known as the
“Special probation fund” (SPF), Administrative code of 1987.
chargeable to the general fund Section 77. Effectivity – these
annual budgetary appropriations of rules shall take effect after fifteen (15)
days following the completion of the
publication thereof in at least three (3)
newspapers of general circulation in
the Philippines.
Promulgated in the city of
Queson, Metro manila, Philippines this
____________ day of ____________ I n
the year of our lord nineteen hundred
and ninety – nine.

Justice Serafin R. Cuevas

Secretary of justice