Criminal Law II Reviewer VenaV. Verga Criminal Law II ReviewerSummary of Book II C r i m e E l e m e n t s P e n a l t y I m p o r t a n t P o i n t s t o R e m e m b e r 114Treason 1.

Offender is a Filipino citizen or an alien residing in thePhilippines2.There is war in which the Philippines is involved3 . O f f e n d e r e i t h e r : a.levies war against the governmenti.that there be an actual assembling of men,ii.for the purpose of executing a treasonable designby forceb.or adheres to the enemies, giving them aid or comfort Treason branch of allegiance to a government, committedby a person who owes allegiance to it Allegiance obligation of fidelity and obedience which theindividuals owe to the government under which they live or totheir sovereign, in return for the protection they receive;either permanent or temporary Adherence to Enemy intent to betray; when a citizenintellectually or emotionally favors the enemy and harborssympathies or convictions disloyal to his country s policy orinterests] Aid or Comfort an act which strengthens or tends tostrengthen the enemy in the conduct of war against thetraitor s country and an act which weakens or tends to weakenthe power of the traitor s country to resist or to attack theenemy Ways of Proving Treason: 1.Testimony of 2 witnesses, at least, to the same overt act;or2.Confession of the accused in open courtFilipino Citizen RP to death anda fine not toexceed P100,000Alien RT todeath and a finenot to exceedP100,000No complexcrime of treasonwith murder,physicalinjuries AggravatingCircumstances:cruelty, ignominyArt. 64 notstrictly applied totreasonGravity of seriousness of acts of treasonare considered1 . T r e a s o n c a n n o t b e c o m m i t t e d i n t i m e o f peace2.In treason by levying war, it is not necessaryt h a t t h e r e b e a f o r m a l d e c l a r a t i o n o f t h e existence of a state of war3 . T h e w a r m u s t b e d i r e c t e d a g a i n s t government4 . T h e p u r p o s e o f l e v y i n g w a r i s t o d e l i v e r t h e country in whole or in part to the enemy;must be in collaboration with foreign enemy5 . T h e a i d o r c o m f o r t g i v e n t o t h e e n e m i e s must be after the declaration of war; theenemies must be the subject of f o r e i g n power6 . N o t r e a s o n t h r u n e g l i g e n c e 7 . W h e n c o m m o n c r i m e s a r e c h a r g e d a s o v e r t acts of treason, they cannot be regarded asseparate crimes or as complexed by treason.8.Treason by Filipino citizen may be committedoutside the Philippines9 . T r e a s o n i s a c o n t i n u o u s o f f e n s e 10.Treason cannot be proved by circumstantiale v i d e n c e o r e x t r a j u d i c i a l c o n f e s s i o n o f accused11.Two witness rule is severely restrictive12.Sufficient that witnesses are uniform in theirt e s t i m o n y o n t h e o v e r t a c t ; i t i s n o t n e c e s s a r y t h a t t h e r e b e c o r r o b o r a t i o n between them on the point they testified13.Adherence may be proved by one witness, orfrom the nature of the act itself, or from thecircumstances surrounding the act14.Defense of suspended allegiance and changeof sovereignty is not accepted1 5 . D e f e n s e o f o b e d i e n c e t o d e f a c t o Government is acceptable16.Defense of duress or uncontrollable fear isacceptable / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 115Conspiracyand Proposalto CommitTreason 1 . C o n s p i r a T r e a s o n P M

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n o t exceedingP10,000T h e t w o w i t n e s s r u l e d o e s N O T a p p l y t o t h i s article2 . P r o p o s a l t o C o m m i t T r e a s o n P C a n d a f i n e n o t exceedingP5,000 116Misprision of Treason 1.Offender must be owing allegiance to the government andnot a foreigner2.He has knowledge of any conspiracy to commit treasonagainst the government3.He conceals or does not disclose and make known thesame as soon as possible to governor or fiscal of provinceor the mayor or fiscal of the city in which he residesAccessory to thecrime of treason1 . C o n s p i r a c y i s o n e t o c o m m i t t r e a s o n 2 . A r t i c l e 1 1 6 i s a n e x c e p t i o n t o t h e r u l e t h a t m e r e s i l e n c e d o e s n o t m a k e a p e r s o n criminally liable 117Espionage 1.By entering, without authority therefore, a warship, fort ornaval or military establishment or reservation to obtainany information, plans, photographs or other data of aconfidential nature relative to the defense of thePhilippinesa.Offender enters any of the places mentioned thereinb . H e h a s n o a u t h o r i t y t h e r e f o r e c.His purpose is to obtain info, plans, etc. of aconfidential nature relative to defense of RP2.By disclosing to the representative of a foreign nation thecontents of the articles, data, or information referred to inPar. No. 1 which he had in his possession by reason of thepublic office he holdsa . O f f e n d e r i s a p u b l i c o f f i c e r b.He has in his possession the articles, etc. by reason of the public office he holdsc.He discloses their contents to a representative of aforeign nationPCPenalty nexthigher in degreeshall be imposedif the offender bea public officer oremployee.1 . E s p i o n a g e g a t h e r i n g , t r a n s m i t t i n g , o r losing information respecting the nationaldefense with intent or reason to believe thatthe information is to be used to the injury of the RP or to the advantage of any foreignnation2.To be liable under paragraph 1, the offenderm u s t h a v e t h e i n t e n t i o n t o o b t a i n information relative to the defense of RP3 . I t i s n o t n e c e s s a r y t h a t t h e i n f o r m a t i o n i s obtained4.Espionage distinguished from treason:a . B o t h a r e c r i m e s n o t c o n d i t i o n e d o n citizenshipb . E s p i o n a g e may be commi tted in manyways, both in time of peace or war;Treason 2 w a y s o f c o m m i t t i n g ; a n d only in time of war 118Inciting toWar or GivingMotives 1.Offender performs unlawful or unauthorized acts2.Such acts provoke or give occasion for a war involving orliable to involve the Philippines or expose Filipino citizensto reprisals on their persons or propertyRT if publicofficer oremployeePM if privateindividual1.The intention of offender is immaterial2 . C o m m i t t e d i n t i m e of peace 119Violation of Neutrality 1.There is a war which the Philippines is not involved2.There is a regulation issued by competent authority for thepurpose of enforcing neutrality3.Offender violates such regulationPC 1. Neutrality a nation or power which takesn o p a r t i n a c o n t e s t o f a r m s g o i n g o n between others is referred to as neutral2 . T h e r e m u s t b e r e g u l a t i o n i s s u e d b y c o m p e t e n t a u t h o r i t y f o r e n f o r c e m e n t o f neutrality / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 120 Correspondence with HostileCountry 1.It is in time of war in which the Philippines is involved2.Offender makes correspondence with an enemy country orterritory that is occupied by enemy troops3 . T h e c o r r e s p o n d e n c e i s e i t h e r a . P r o h i b i t e d b y t h e g o v e r n m e n t PC 1.

Correspondence c o m m u n i c a t i n g b y m e a n s o f l e t t e r s ; o r i t m a y r e f e r t o t h e letters which pass between those who havefriendly or business relations2 . E v e n i f c o r r e s p o n d e n c e c o n t a i n s i n n o c e n t matters, if such has been prohibited by thegovernment, it is punishable3 . P r o h i b i t i o n b y t h e g o v e r n m e n t i s n o t essential in paragraphs 1 and 24 . Q u a l i f y i n g c i r c u m s t a n c e s t h a t m u s t c o n c u r together:a . T h e n o t i c e o r i n f o r m a t i o n m i g h t b e useful to the enemyb.The offender intended to aid the enemyb . C a r r i e d i n c i p h e r s o r c o n v e n t i o n a l s i g n s P M c.Containing notice or information which might be usefulto the enemyRT if info may beuseful to enemyRT to death if intention was toaid the enemy 121Flight toEnemy sCountry 1.There is a war which the Philippines is involved2.Offender must be owing allegiance to the government3.Offender attempts to flee or go to enemy country4.Going to enemy country is prohibited by competentauthorityA r r e s t o M a y o r 1 . A n a l i e n r e s i d e n t m a y b e g u i l t y o f f l i g h t t o enemy country2.Mere attempt to flee or go to enemy countryconsummates crime3 . A r t i c l e 1 2 1 m u s t b e i m p l e m e n t e d b y t h e Government 122Piracy inGeneral andMutiny on theHigh Seas orin PhilippineWaters 1.Vessel is on the high seas or in Philippine waters2.Offenders are not members of its complement orpassengers of the vessel3 . O f f e n d e r s e i t h e r a . a t t a c k o r s e i z e t h e v e s s e l b.seize the whole or part of the cargo of said vessel, it sequipment, or personal belongings of its complementor passengers Piracy robbery or forcible depredation on the high seas,without lawful authority and done with animo furandi and inthe spirit and intention of universal hostility Mutiny unlawful resistance to a superior officer, or theraising of commotions and disturbances on board a shipagainst the authority of the commanderRPSame penaltyshall be inflictedin case of mutinyon the high seasor in Philippinewaters 1. High Seas any waters on the sea coastw h i c h a r e w i t h o u t t h e b o u n d a r i e s o f l o w - water mark, although such waters may be int h e j u r i s d i c t i o n a l l i m i t s o f a f o r e i g n government 2 . P i r a c y D i s t i n g u i s h e d F r o m R o b b e r y i n High Seas a . I n p i r a c y o f f e n d e r i s a n o u t s i d e r ; i n robbery, offender is member of crew orpassengerb . I n b o t h , t h e r e i s i n t e n t t o g a i n a n d manner of committing the crime is thesame 3.Piracy Distinguished from Mutiny a.In piracy, the offenders are strangers; inmutiny, they are members of the crew orpassengersb . I n p i r a c y , i n t e n t t o g a i n i s e s s e n t i a l ; i n mutiny, the intention may be to ignoreship s officers or to commit plunder / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 123QualifiedPiracyQualifying Circumstances: 1.Seized vessel by boarding or firing upon the same; or2.Pirates have abandoned their victims without means of saving themselves; or3.Crime is accompanied by murder, homicide, physicalinjuries or rapeSpecial complexcrime punishableby RP to Deathregardless of number of victims1 . A n y p e r s o n w h o a i d s o r p r o t e c t s p i r a t e s o r a b e t s t h e c o m m i s s i o n o f p i r a c y s h a l l b e considered as an accomplice2 . R . A . 6 2 3 5 An Act P u n i s h i n g C e r t a i n A c t s Inimical to Civil Aviation 124ArbitraryDetention

1.Offender is a public officer or employee2 . H e d e t a i n s a p e r s o n 3.Detention is without legal grounds Detention when a person is placed in confinement or thereis a restraint on his person Detention is without legal grounds: 1.When he has not committed any crime or, at least, thereis no reasonable ground for suspicion that he hascommitted a crime; or2.When he is not suffering from violent insanity or any otherailment requiring compulsory confinement in a hospitalNot exceeded 3days A Mayorin maximum toPC in minimumMore than 3 lessthan 15 days PC in mediumand maximumMore than 15 notmore than 6months PMExceeded 6 mos. RT 1. Legal Grounds for Detention of Prisoner :a . t h e c o m m i s s i o n o f a c r i m e b . v i o l e n t i n s a n i t y o r o t h e a i l m e n t requiring the compulsory confinement of the patient in a hospital2 . A r r e s t w i t h o u t w a r r a n t i s t h e u s u a l c a u s e o f arbitrary detention3.Arrest Without Warrant, When Lawful (Sec. 5Rule 113) Personal knowledge is required A crime must in fact or actuallyhave been committed4.There is no reasonable ground if officer onlywants to know the commission of crime5.There is arbitrary detention thru imprudence 125Delay inDelivery of DetainedPerson toProperJudicialAuthorities 1.Offender is a public officer or employee2.He has detained a person for some legal ground3.He fails to deliver such person to the proper judicialauthorities within:a.12 hours for offenses punishable by light penalties ortheir equivalentb.18 hours for offenses punishable by correctivepenalties or their equivalentc.36 hours for offenses punishable by afflictive or capitalor their equivalent Proper Judicial Authorities means the courts of justice or judges or said courts vested with judicial power to order thetemporary detention or confinement of a person charged withhaving committed a public offense Rights of Person Detained: 1.He shall be informed of the cause of his detention2.He shall be allowed, upon his request, to communicateand confer at anytime with his attorney or counsel Circumstances considered in determining liability of Same as nextprecedingarticle:Within 12 hoursfor light penaltiesWithin 18 hoursfor correctivepenaltiesWithin 36 hoursfor afflictive orcapital penalties1.If the offender is a private person, the crimeis illegal detention2.Detention must be for some legal ground3.Article 125 does not apply when the arrest isby virtue of a warrant of arrest but must bea lawful arrest4 . D e l i v e r y d o e s n o t c o n s i s t i n a p h y s i c a l d e l i v e r y , b u t i n m a k i n g a n a c c u s a t i o n o r charge or filing of an information againstperson5 . D u t y o f t h e d e t a i n i n g o f f i c e r i s d e e m e d c o m p l i e d w i t h u p o n t h e f i l i n g o f t h e complaint with the judicial authority6 . P r o v i s i o n s o f A r t i c l e 1 2 5 m a y b e w a i v e d i f person asks for preliminary examination7 . V i o l a t i o n o f A r t i c l e 1 2 5 d o e s n o t a f f e c t legality of confinement under process issuedby a court8.The illegality of the detention is not cured bythe filing of the information in court9 . F i s c a l i s n o t l i a b l e , u n l e s s h e o r d e r e d detention / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga officer detaining a person beyond legal period: 1 . m e a n s o f c o m m u n i c a t i o n 2 . h o u r o f a r r e s t 3.other circumstances (time, etc.)10.Article 125 distinguished from Article 124 in Art. 124, the detention is illegal from thebeginning; in Art. 125, the detention is legali n

t h e b e g i n n i n g b u t t h e i l l e g a l i t y o f t h e detention starts from the expiration of any of the periods of time specified without persondetained having been delivered to proper judicial authority 126DelayingRelease 1.That offender is a public officer or employee2.There is a judicial or executive order for the release of aprisoner or detention prisoner, or that there is aproceeding upon a petition for the liberation of suchperson3.The offender without good reason delays:a.the service of the notice of such order to the prisonerb.the performance of such judicial or executive order forthe release of the prisonerc.the proceedings upon a petition for the release of suchpersonSame as Article124Wardens and jailers are the public officers mostlikely to violate Article 126 127Expulsion 1.Offender is a public officer or employee2.He expels any person from the Philippines or compels aperson to change his residence3.The offender is not authorized to do so by lawP C O n l y t h e c o u r t b y a f i n a l j u d g m e n t c a n o r d e r a person to change his residence 128Violation of DomicileActs Punished: 1.By entering any dwelling against the will of the ownerthereof; or2.By searching papers or other effects found therein withoutthe previous consent of such owner; or3.By refusing to leave the premises, after havingsurreptitiously entered said dwelling and after having beenrequired to leave the sameElements Common to the Three Acts:1.Offender is a public officer or employee2.He is not authorized by judicial order to enter the dwellingand / or to make a search therein for papers and othereffectsPC in minimumPC in mediumand maximum if with Qualifyingcircumstances of nighttime, or if any papers oreffects notconstitutingevidence of acrime be notreturnedimmediately1.A public officer or employee is authorized by j u d i c i a l o r d e r w h e n h e i s a r m e d w i t h a search warrant duly issued by the court2 . A g a i n s t t h e w i l l o f t h e o w n e r presupposesopposition or prohibition by said owner,whether express or implied; if it is o n l y without the consent of the owner, the crimeis not committed3 . R i g h t o f o f f i c e r t o b r e a k i n t o b u i l d i n g o r enclosure (Sec 11 Rule 113, 1985 Rules onCriminal Procedure)4.Circumstances Qualifying the Offense:a . I f t h e o f f e n s e i s c o m m i t t e d a t n i g h t t i m e ; orb . I f a n y p a p e r s o r e f f e c t s n o t c o n s t i t u t i n g e v i d e n c e o f a c r i m e a r e n o t r e t u r n e d immediately after the search was made5 . P a p e r s o f o t h e r e f f e c t s m u s t b e f o u n d i n t h e dwelling / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 129SearchWarrantsMaliciouslyObtained andAbuse inService of Those LegallyObtainedActs Punished: 1.By procuring a search warrant without just causea.Offender is a public officer or employeeb . P r o c u r e s a s e a r c h w a r r a n t c . T h e r e i s n o j u s t c a u s e 2.By exceeding his authority or by using unnecessaryseverity in executing a search warrant legally procureda.The offender is a public officer or employeeb.He has legally procured a search warrantc.He exceeds his authority or uses unnecessary severityin executing the same Search Warrant an order in writing issued in the name of the People of the Philippines, signed by a judge and directedto a peace officer, commanding him to search for personalproperty described therein and bring it before the court Probable Cause such reasons, supported by facts andcircumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, arelegally just and properLiabilityattaching toOffender forcommission of any otheroffense (perjury)andA Mayor inmaximum to PCin minimum andfine notexceedingP1,0001 . P e r s o n a l P r o p e r t y t o b e

S e i z e d : a . S u b j e c t o f t h e o f f e n s e ; o r b . S t o l e n o r e m b e z z l e d a n d o t h e r p r o c e e d s or fruits of the offense; orc . U s e d o r i n t e n d e d t o b e u s e d a s t h e means of committing an offense2 . S e a r c h w a r r a n t w i l l n o t i s s u e e x c e p t u p o n probable cause3 . S e a r c h w a r r a n t i s v a l i d f o r 1 0 d a y s f r o m i t s date4.The true test of lack of just cause is whethert h e a f f i d a v i t f i l e d i n s u p p o r t o f t h e a p p l i c a t i o n f o r s e a r c h w a r r a n t h a s b e e n drawn in such a manner that perjury couldbe charged thereon and affiant be held liablefor damages caused5 . S e a r c h a n d s e i z u r e w i t h o u t w a r r a n t a s a n incident to lawful arrest is legal6 . P e a c e o f f i c e r s m a y e n t e r h o u s e o f a n offender who committed an offense in theirpresence7 . S e a r c h a n d s e i z u r e o f v e s s e l s w i t h o u t a search warrant legal 130SearchingDomicileWithoutWitnesses 1.The offender is a public officer or employee2.He is armed with search warrant legally procured3.He searches the domicile, papers or other belongings of any person4.The owner, or any member of his family, or two witnessesresiding in the same locality are not presentA Mayor inmedium andmaximum 1. Search t o g o o v e r o r l o o k t h r u f o r t h e purpose of finding something; to examine2.Distinguish Article 128 from Article 130 Inviolation of domicile, the public officer hasnot authority to make a search warrant; inA r t i c l e 1 3 0 , p u b l i c o f f i c e r h a s a s e a r c h warrant 131Prohibition,Interruption,andDissolution of PeacefulMeetings 1.Offender is a public officer or employee2.He performs any of the following acts:a.Prohibiting or interrupting, without legal ground, theholding of a peaceful meeting, or by dissolving thesameb.Hindering any person from joining any lawfulassociation or from attending any of its meetingsc.Prohibiting or hindering any person from addressing,either alone or together with others, any petition tothe authorities for the correction of abuses or redressof grievancesPC in minimum 1.Private individual cannot commit this crime2 . U n d e r p a r a g r a p h 1 , p u b l i c o f f i c e r m u s t a c t without legal ground3.When the meeting to be held is not peaceful,there is legal ground for prohibiting it4 . T h e r i g h t t o p e a c e a b l y a s s e m b l e i s n o t absolute and may be regulated5 . T h e o f f e n d e r m u s t b e a s t r a n g e r , n o t a participant, in the meeting 132Interruption 1.Offender is a public officer or employee2.Religious ceremonies or manifestations of any religion arePC in minimumPC in medium1 . P r e v e n t i n g a r e l i g i o u s c e r e m o n y t o t a k e place punishable under this article / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga of ReligiousWorship about to take place or are going on3.Offender prevents or disturbs the same Qualifying Circumstance: if the crime is committed with violence or threatsand maximum if committed withviolence orthreats2 . R e a d i n g a b i b l e a n d t h e n a t t a c k i n g c e r t a i n churches in a public plaza is not a ceremonyo f m a n i f e s t a t i o n o f r e l i g i o n , b u t o n l y a meeting of a religious sect 133Offending theReligiousFeelings 1.Acts complained of were performed:a.In a place devoted to religious worship, orb.During the celebration of any religious ceremony2.The acts must be notoriously offensive to the feelings of the faithful Religious Ceremonies religious acts performed outside of a church, such as processions and special prayers for buryingdead personA Mayor inmaximum to PCin minimum1 . I t i s n o t n e c e s s a r y t h a t t h e r e i s a r e l i g i o u s c e r e m o n y g o i n g o n w h e n t h e o f f e n d e r performs acts notoriously offensive to thefeelings of the faithful2 . T h e r e m u s t b e d e l i b e r a t e i n t e n t t o h u r t t h e feelings of the faithful3 . O f f e n s e t o f e e l i n g s i s j u d g e d f r o m complainant s point of view 134Rebellion orInsurrection

1.There be a public uprising and taking arms against theGovernment2.The purpose of the uprising or movement is either:a.to remove from the allegiance to said government orits laws:i.the territory of the Philippines or any part thereof;orii.any body of land, naval or other armed forces; orb.To deprive the Chief Executive or Congress, wholly orpartially, of any of their powers or prerogatives Rebellion used where the object of the movement iscompletely to overthrow and supersede the existinggovernment Insurrection used in reference to a movement which seeksmerely to effect some change of minor importance, or toprevent the exercise of governmental authority with respect toparticular matters or subject Rebellion distinguished from Treason: 1.Rebellion levying of war during peace time for any of thepurposes mentioned; Treason performed in aid of enemyduring wartime2.Rebellion always involves taking up arms againstgovernment; Treason may be committed by mereadherence to the enemy, giving aid or comfortRP person whopromotes,maintains orheads rebellionor insurrectionRT personmerelyparticipating orexecutingcommands of others1 . R e b e l l i o n o r o f i n c i t i n g i t i s a c r i m e o f masses, of a multitude2 . A c t u a l c l a s h o f a r m s w i t h t h e f o r c e s o f t h e government, not necessary to convict thea c c u s e d w h o i s i n c o n s p i r a c y w i t h o t h e r s actually taking arms against the government3.Purpose of the uprising must be shown4 . I t i s n o t n e c e s s a r y t h a t t h e p u r p o s e b e accomplished5 . G i v i n g a i d o r c o m f o r t n o t c r i m i n a l i n rebellion6 . R e b e l l i o n d i s t i n g u i s h e d f r o m S u b v e r s i o n r e b e l l i o n i s a c r i m e a g a i n s t p u b l i c o r d e r ; Subversion like treason, against nationalsecurity7.Mere silence or omission is not punishable inrebellion8 . I t i s n o t a d e f e n s e i n r e b e l l i o n t h a t t h e accuse never took the oath of allegiance to,o r t h a t t h e y n e v e r r e c o g n i z e d t h e government9 . T h o s e w h o k i l l e d p e r s o n s i n p u r s u a n c e o f m o v e m e n t t o o v e r t h r o w g o v e r n m e n t a r e liable for rebellion only10.There is no complex crime of rebellion withm u r d e r a n d o t h e r c o m m o n c r i m e s (Hernandez ruling)11.Killing, robbing, etc for a private purpose orp r o f i t , w i t h o u t a n y p o l i t i c a l m o t i v a t i o n , would be separately punished and would not / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga be absorbed in the rebellion 134-ACoup d etat 1.Offender is a person(s) belonging to the military or policeor holding any public office or employment2.It is committed by means of a swift attack accompaniedby violence, intimidation, threat, strategy or stealth3.The attack is directed against duly constituted authoritiesof the Philippines, or any military camp or installation,communication networks, public utilities or other facilitiesneeded for the exercise and continued possession of power4.The purpose of the attack is to seize or diminish statepower Political Crimes Distinguished from Common Crimes Political crimes are those directly aimed against thepolitical order, as well as such common crimes as maybe committed to achieve a political purpose The decisive factor is the intent or motiveRT in maximum person ingovernmentservice whoparticipates, orexecutesdirections orcommands of others inundertaking acoup d etatPM in maximum person not ingovernmentservice whoparticipates, orin any mannersupports,finances, abetsor aids inundertaking acoup d etat1 . C o u p d e t a t m a y b e c o m m i t t e d w i t h o r without civilian participation2 . T h o s e l i a b l e f o r R e b e l l i o n , I n s u r r e c t i o n and/or Coup d etat (Article 135)a . L e a d e r s i . a n y p e r s o n w h o p r o m o t e s , m a i n t a i n s , or heads a rebellion or insurrectioni i . a n y p e r s o n w h o l e a d s , d i r e c t s , o r commands others to undertake a coupd etatb . P a r t i c i p a n t s i . A n y p e r s o n w h o p a r t i c i p a t e s o r executes the

commands of others inrebellion or insurrectioni i . A n y p e r s o n i n t h e g o v e r n m e n t s e r v i c e w h o p a r t i c i p a t e s , o r e x e c u t e s directions or commands of others inundertaking a coup d etati i i . A n y p e r s o n n o t i n t h e g o v e r n m e n t s e r v i c e w h o p a r t i c i p a t e s , s u p p o r t s , abets, or aids in undertaking a coupd etat 136Conspiracyand Proposalto CommitCoup d etat,Rebellion orInsurrection C o n s p i r a c y a n d P r o p o s a l t o C o m m i t C o u p d e t a t P M i n m i n i m u m and fine not toexceed P8,0001.Merely agreeing and deciding to rise publiclyand take arms against the government fort h e p u r p o s e s o f r e b e l l i o n o r m e r e l y p r o p o s i n g t h e c o m m i s s i o n o f s a i d a c t s i s already subject to punishment2 . N o c o n s p i r a c y w h e n t h e r e i s n o a g r e e m e n t and no decision to commit rebellionC o n s p i r a c y t o C o m m i t R e b e l l i o n o r I n s u r r e c t i o n P C i n m a x i m u m and fine not toexceed P5,000P r o p o s a l t o C o m m i t R e b e l l i o n o r I n s u r r e c t i o n P C i n m e d i u m and fine not toexceed P2,000 137Disloyalty of PublicOfficers 1.Offender is a public officer or employee2.Commits any of the following acts of disloyalty:a.Failing to resist a rebellion by all the means in theirpower;b.Continuing to discharge the duties of their officesunder the control of the rebels;c.Accepting appointment to office under themP C i n m i n i m u m 1 . T h e c r i m e o f d i s l o y a l t y o f p u b l i c o f f i c e r s presupposes the existence of rebellion by otherpersons2 . T h e o f f e n d e r u n d e r A r t i c l e 1 3 7 m u s t n o t b e i n conspiracy with the rebels / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 8 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 138Inciting toRebellion 1.Offender does not take arms or is not in open hostilityagainst the government2.He incites others to the execution of any of the acts of rebellion3.The inciting is done by means of speeches, proclamations,writings, emblems, banners or other representationstending to the same endP M i n m i n i m u m 1 . I n c i t i n g t o R e b e l l i o n D i s t i n g u i s h e d f r o m Proposala . i n b o t h , t h e o f f e n d e r i n d u c e s a n o t h e r t o commit rebellionb . i n p r o p o s a l , p e r s o n w h o p r o p o s e s h a s decided to commit rebellion; in inciting,i t i s n o t r e q u i r e d t h a t o f f e n d e r h a s decided to commit rebellionc . i n p r o p o s a l , p e r s o n w h o p r o p o s e s u s e s secret motive; in inciting, the act is donepublicly2 . R e b e l l i o n s h o u l d n o t b e c o m m i t t e d 139Sedition 1.The offenders rise publicly and tumultuously2.They employ force, intimidation, or other means outside of legal methods3.The offenders employ any of those means to attain any of the following objects:a.To prevent the promulgation or execution of any lawor the holding of any popular electionb.To prevent the National Gov t, or any provincial ormunicipal gov t, or any public officer thereof fromfreely exercising its or his functions, or prevent theexecution of any administrative orderc.To inflict any act of hate or revenge upon the personor property of any public officer or employeed.To commit, for any political or social end, any act of hate or revenge against private persons or any socialclass; ande.To despoil, for any political or social end, any person,municipality or province, or the national gov t of all itsproperty or any part thereof PM in minimumand a fine notexceedingP10,000 forthe leader of seditionPC in maximumand a fine notexceedingP5,000 forother personsparticipatingtherein1 . S e d i t i o n i s t h e r a i s i n g o f c o m m o t i o n s o r disturbances in the state2.Sedition Distinguished from Rebelliona . I n b o t h , t h e r e m u s t b e p u b l i c uprisingb . I n s e d i t i o n , i t i s s u f f i c i e n t t h a t p u b l i c uprising is tumultuous; in rebellion,t h e r e m u s t b e t a k i n g u p o f a r m s against the governmentc . I n s e d i t i o n , t h e p u r p o s e o f o f f e n d e r s m a y b e p o l i t i c a l o r s o c i a l ; i n rebellion, it is always political3 . S e d i t i o n d i s t i n g u i s h e d f r o m t r e a s o n treason is the violation by a s u b j e c t o f a l l e g i a n c e t o s o v e r e i g n ; s e d i t i o n i s t h e raising of commotions or disturbances in theState4 . P u b l i c u p r i s i n g a n d a n o b j e c t o f s e d i t i o n must concur5.Common crimes are not absorbed in sedition 141Conspiracy toCommitSedition PC in mediumand fine not toexceed P2,0001 . T h e r e m u s t b e a n a g r e e m e n t a n d a d e c i s i o n to rise publicly and tumultuously to attainany of the objects of sedition2.There is no proposal to commit sedition

142Inciting toSeditionDifferent Acts Punished: 1.Inciting to Sedition to Accomplish any of its Objects:a.Offender does not take direct part in the crime of seditionb.He incites others to the accomplishment of any of theacts which constitute seditionc.The inciting is done by means of speeches,PC in maximumand fine not toexceed P2,000 1. Scurrilous low, vulgar, mean or foul2 . U t t e r i n g s e d i t i o u s w o r d s o r s p e e c h e s a n d writing, publishing or circulating scurrilouslibels are punishable, when:a . t h e y t e n d t o d i s t u r b o r o b s t r u c t a n y lawful officer in executing the functionsof his office; or / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 9 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga proclamation, writings, emblems, cartoons, banners,or other representations tending to the same end2.Uttering seditious words or speeches which tend to disturbthe public peace3.Writing, publishing or circulating scurrilous libels againstthe government or any of the duly constituted authoritiesthereof, which tend to disturb the public peacea.Offender does not take direct part in the crime of seditionb.Commits any of the following acts of sedition either 2or 3b . t h e y t e n d t o i n s t i g a t e o t h e r s t o c a b a l a n d m e e t t o g e t h e r f o r u n l a w f u l purposes; orc . t h e y s u g g e s t o r i n c i t e r e b e l l i o u s conspiracies or riots; ord . t h e y l e a d o r t e n d t o s t i r u p t h e p e o p l e a g a i n s t t h e l a w f u l a u t h o r i t i e s o r t o disturb the peace of the community, thesafety and order of the government3 . K n o w i n g l y c o n c e a l i n g s u c h e v i l p r a c t i c e s i s treated and punished as that of the principal4.Two rules relative to seditious words:a . C l e a r a n d Present Danger Ruleb.Dangerous Tendency Rule 143Acts Tendingto Preventthe Meetingof Congress 1.There be a projected or actual meeting of Congress or anyof its committees or subcommittees, constitutionalcommittees or divisions thereof, or of any provincial boardor city or municipal council or board2.The offender who may be any person prevents suchmeeting by force or fraudPC or a fineranging fromP200 to P2,000or bothChief of police and mayor who prevented themeeting of the municipal council are liable underArticle 143, when the defect of the meeting isn o t m a n i f e s t a n d r e q u i r e s a n i n v e s t i g a t i o n before its existence can be determined 144Disturbanceof Proceedingsof Congressand SimilarBodies 1.There be a meeting of Congress or any of its committeesor subcommittees, constitutional commissions orcommittees or divisions thereof, or of any provincial boardor city or municipal council or board2.The offender does any of the following acts: a. He disturbs any of such meetings b. He behaves while in the presence of any such bodiesin such a manner as to interrupt its proceedings or toimpair the respect due it.A Mayor or a fineof P200 toP1,0001.The complaint for disturbance of proceedingsmay be filed by a member of a legislativebody2 . O n e w h o d i s t u r b s t h e p r o c e e d i n g s o f t h e congress my also be punished for contempt 145Violation of Parliamentary ImmunityFirst Form 1.The offender (any person) uses force, intimidation, threatsor fraud.2.The purpose of the offender is to prevent any member of Congress from:a.Attending the meetings of Congress or any of itscommittees, etc.; orb . E x p r e s s i n g h i s o p i n i o n ; o r c . C a s t i n g h i s voteP M 1 . P a r l i a m e n t a r y i m m u n i t y d o e s n o t p r o t e c t members of the Congress from responsibilitybefore the legislative body itself 2 . I t i s s u f f i c i e n t t h a t t h e o f f e n d e r , i n u s i n g force, intimidation, threats, or frauds, hast h e p u r p o s e t o p r e v e n t a m e m b e r o f Congress from exercising any of his suchprerogatives / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 -

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Criminal Law II Reviewer VenaV. Verga Second Form 1.Offender is a public officer or employee2.He arrests or searches any member of Congress3.Congress, at the time of arrest or search, is in regular orspecial session4.The member arrested or searched has not committed acrime punishable under the Code by a penalty higher thanprision mayorPC 146IllegalAssemblies 1.Any meeting attended by armed persons for the purposeof committing any of the crimes punishable under the codea.there is a meeting, a gathering or group of persons,whether in a fixed place or movingb.that the meeting is attended by armed personsc.that the purpose of the meeting is to commit any of the crimes punishable under the code2.Any meeting in which the audience, whether armed or not,is incited to the commission of treason, rebellion orinsurrection, sedition, or assault upon a person inauthority or his agentsa.there is a meeting, a gathering or group of persons,whether in a fixed place or movingb.the audience, whether armed or not, is incited to thecommission of the crime of treason, rebellion orinsurrection, sedition or direct assault Persons liable for illegal Assembly: 1.Organizers or leaders of the meeting2.Persons merely present at the meetingPC in maximumto PM in medium for organizersor leaders of anymeeting underthis articleA Mayor unarmed personsmerely presentPC armedpersons merelypresent1 . P e r s o n s p r e s e n t a t t h e m e e t i n g m u s t b e armed in the first form of illegal assembly 2. B u t n o t a l l t h e p e r s o n s p r e s e n t a t t h e meeting of the 1 st form of illegal assemblymust be armed 3. The unarmed person merely present at themeeting of the 1 st form of illegal assembly isliable4.If any person present at the meeting carriesan unlicensed firearm:a . I t i s p r e s u m e d t h a t t h e p u r p o s e o f t h e meeting insofar as he is concerned, is tocommit acts punishable under the Code;andb . H e i s c o n s i d e r e d a l e a d e r o r o r g a n i z e r o f the meeting 5. Meeting includes a gathering or group,whether in a fixed place or moving 147IllegalAssociationsIllegal Associations: 1.Associations totally or partially organized for the purposeof committing any of the crimes punishable under theCode2.Associations totally or partially organized for somepurpose contrary to public morals Persons Liable for Illegal Association: 1.Founders, directors and president of the association2 . M e r e m e m b e r s o f t h e a s s o c i a t i o n PC in minimumand medium anda fine notexceedingP1,000 founders,directors, andpresidentsA Mayor meremembers of saidassociationI l l e g a l A s s o c i a t i o n d i s t i n g u i s h e d f r o m I l l e g a l Assembly1.In Illegal Association, it is not necessary thatt h e r e b e a n a c t u a l m e e t i n g ; I n i l l e g a l Assembly, it is necessary there is an actualmeeting2.In illegal associations, it is the act of formingor organizing and membership in associationthat are punished; in Illegal Assembly, it isthe meeting and attendance at such meetingthat are punished3.In illegal associations, the persons liable arethe founders, directors and president andthe members; In illegal assembly the personliable are the organizers or leaders of the / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga m e e t i n g , a n d p e r s o n s p r e s e n t a t s u c h meeting 148DirectAssaultsTwo Forms of Direct Assault and Their Requisites:

1.Without public uprising, by employing force orintimidation, for the attainment of any of the purposesenumerated in defining the crimes of rebellion and seditiona.the offender employs force or intimidationb.the aim of the offender is to attain any of the purposesof the crime of rebellion or any of the objects of crimeof seditionc . t h e r e i s n o p u b l i c u p r i s i n g 2.Without public uprising, by attacking or employing force orby seriously intimidating or by seriously resisting anyperson in authority or any of his agents, while engaged inthe performance of official duties, or on the occasion of such performance Simple Assault: a.the offender makes an attack, employs force, makes aserious intimidation, or makes a serious resistanceb.the person assaulted is a person in authority or hisagentc.at the time of the assault the person in authority or hisagent is engaged in the actual performance of officialduties, or that he is assaulted by reason of the pastperformance of official dutiesd.the offender knows that the one he is assaulting is aperson in authority or his agent in the exercise of hisdutiese . t h e r e i s n o p u b l i c u p r i s i n g Qualified Assault a.when the assault is committed with a weaponb.when the offender is a public officer or employeec.when the offender lays hands upon a person inauthority Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of somecourt or governmental corporation, board or commission, shallbe deemed a person in authorityPC in mediumand maximumperiods and afine notexceedingP1,000 whenthe assault iscommitted with aweapon or whenthe offender is apublic officer oremployeePC in minimumperiod and a finenot exceedingP500 nocircumstancespresent1 . I t d o e s n o t s e e m t h a t t h e o f f e n d e d p a r t y i n the first form of direct assault must be aperson in authority or his agent 2. If the offended party is only an agent of ap e r s o n i n a u t h o r i t y , t h e f o r c e e m p l o y e d must be of SERIOUS character to be directassault 3. The force employed NEED NOT be seriousw h e n t h e o f f e n d e d p a r t y i s a p e r s o n i n authority 4. T h e i n t i m i d a t i o n o r r e s i s t a n c e m u s t b e s e r i o u s w h e t h e r t h e o f f e n d e d p a r t y i s a n agent only or he is a person in authority5 . T h e r e s i s t m u s t b e g r a v e , t h e r e f o r e i t m u s t be active resistance6 . I n t i m i d a t i o n m u s t p r o d u c e i t s e f f e c t s immediately7.To determine whether a certain public officeri s a p e r s o n i n a u t h o r i t y , t h e p o w e r s a n d d u t i e s v e s t e d i n h i m b y l a w s h o u l d b e determined8 . T h e s t a t u s o f p e r s o n i n a u t h o r i t y b e i n g a m a t t e r o f l a w , i g n o r a n c e t h e r e o f i s n o excuse9 . F u n c t i o n s o f t h e p e r s o n i n a u t h o r i t y o r h i s a g e n t m u s t b e c l e a r l y s h o w n i n t h e information10.When a person in authority or their agentsdescended to mattes which are private innature, an attack made by one against theother is not direct assault1 1 . E v e n i f t h e a g e n t o f a p e r s o n i n a u t h o r i t y a g r e e s t o f i g h t , i t s t i l l c o n s t i t u t e s d i r e c t assault1 2 . I f a p e r s o n i n a u t h o r i t y o r h i s a g e n t g o e s beyond the scope of the respective powersof public officers, if they are fixed, then theyare considered NOT in the performance of official duties13.Knowledge of the accused that the victim isa person in authority or his agent is essential / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 2 o f 7 5 Criminal Law II Reviewer Criminal Law II Reviewer VenaV. Verga Agent of Person in

Authority one who, by direct provisionof law, or by election or by appointment by competentauthority, is charged with the maintenance of public order andthe protection and security of life and property, such as abarrio vice-lieutenant, barrio councilman and barriopoliceman, and any person who comes to the aid of persons inauthority To be an agent of a person of authority, one must becharged with: 1 . m a i n t e n a n c e o f p u b l i c o r d e r ; a n d 2.protection and security of life and property Distinguish Direct Assault from Ordinary Assault :a.Direct assault are crimes against public order;ordinary assaults are crimes against personsb.Direct assaults are triable by the Court of FirstInstance14.Defendant must have the intention to defythe authorities1 5 . I f i s n o t n e c e s s a r y t h a t t h e p e r s o n i n authority who was assaulted was ACTUALLLYperforming official duties1 6 . E v i d e n c e o f m o t i v e i s i m p o r t a n t w h e n t h e person attacked or seriously intimidated isNOT in the actual performance of his officialduty17.Where in the commission of direct assault,serious or less serious physical injuries arealso inflicted, the offender is guilty of thecomplex crime of direct assault with seriousor less serious physical injuries1 8 . t h e c r i m e o f s l i g h t p h y s i c a l i n j u r i e s i s absorbed in direct assault 149IndirectAssaults 1.A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 1482.A person comes to the aid of such authority or his agent3.The offender makes use of force or intimidation upon suchperson coming to the aid of the authority or his agentPC in minimumand mediumperiods and afine notexceeding P5001.Indirect assault can be committed only whena direct assault is also committed2 . T h e o f f e n d e d p a r t y i n i n d i r e c t a s s a u l t m a y be a private person 150Disobedienceto SummonsIssued byCongress, itsCommittees,etc.Acts Punishable: 1.By refusing, without legal excuse, to obey summons of Congress, its special or standing committees andsubcommittees or divisions, or by any commission orcommittee chairman or member authorized to summonwitnesses2.By refusing to be sworn or placed under affirmation whilebeing before such legislative or constitutional body orofficial3.By refusing to answer any legal inquiry or to produce anybooks, papers, documents, or records in his possession,when required by them to do so in the exercise of theirfunctions4.By restraining another from attending as a witness in suchlegislative or constitutional body5.By inducing disobedience to a summons or refusal to besworn by any such body or officialA Mayor or a fineranging fromP200 to P1,000 any person whohaving beensummoned Same penalty any person whoshall inducedisobedience to asummons orrefusal to besworn by anysuch body1 . A r t i c l e 1 5 0 a p p l i e s o n l y t o d i s o b e d i e n c e WITHOUT legal excuse2 . A n y o f t h e a c t s p u n i s h e d b y A r t i c l e 1 5 0 m a y also constitute contempt of Congress3 . T h e c o u r t m a y t a k e a n y a c t i o n n o t a m o u n t i n g t o a r e l e a s e o f a p r i s o n e r o f Congress4.The power of inquiry, with process to enforceit, is an essential and appropriate auxiliary tothe legislative functions 151ResistanceandResistance and Serious Disobedience (Par.1): 1.A person in authority or his agent is engaged in theperformance of official duty or gives a lawful order to theA Mayor and afine notexceeding P500 Paragraph 1: 1 . T h e j u r i d i c a l c o n c e p t i o n o f t h e c r i m e o f resistance and disobedience to a person in / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Disobedienceto a Person inAuthority orAgents of Such Person offender2.The offender resists or seriously disobeys such person inauthority or his agent3.The act of the offender is not included in the provisions of Articles 148, 149, and 150 Simple Disobedience (Par. 2): 1.An agent of a person in authority is engaged in theperformance of official duty or gives a lawful order to theoffender2.The offender disobeys such agent of a person in authority3.Such disobedience is not of a serious nature Direct Assault Distinguished from Resistance or SeriousDisobedience:

1.In direct assault, the person in authority or his agent mustbe engaged in performance of official duties or that he isassaulted by reason thereof, but in resistance, the personin authority or his agent must be in actual performance of his duties 2. Direct assault (2 nd form) is committed in 4 ways;Resistance is committed only by resisting or seriouslydisobeying3.In both, there is force employed, but the force inresistance is not so serious, as there is no manifestintention to defy the law; in direct assault it must beserious and deliberate;4.When the one resisted is a person in authority, the use of any kind or degree of force will give rise to direct assault;if no force is employed by the offender in resisting ordisobeying, the crime committed is resistance any personshall resist orseriously disobeyany person inauthorityA Menor or a fineranging from P10to P100 disobedience toan agent of aperson inauthority is notof a seriousnatureauthority or his agents consists in a failure tocomply with orders directly issued by theauthorities in the exercise of their officialduties 2. The person in authority must be in the actualperformance of his official duties3 . T h e d i s o b e d i e n c e c o n t e m p l a t e d c o n s i s t s i n the failure or refusal to obey a direct orderfrom the authority or his agent4 . T h e a c c u s e d m u s t h a v e k n o w l e d g e t h a t t h e person arresting him is a peace officer5 . T h e r e i s j u s t i f i e d r e s i s t a n c e w h e n t h e accused had no right to make the search Paragraph 2: 6.T he order must be lawful7.If the disobedience to an agent of a personi n a u t h o r i t y i s o f a s e r i o u s n a t u r e , t h e offender should be punished under par. 1 of Article 1518 . W h e n t h e a t t a c k o r e m p l o y m e n t o f f o r c e i s not deliberate, the crime is only resistanceor disobedience 153Tumults andOtherDisturbancesof PublicOrderTumults and Other Disturbances of Public Order: 1.Causing any serious disturbance in a public place, office orestablishment2.Interrupting or disturbing performances, functions orgatherings, or peaceful meetings, if the act is not includedin Articles 131 and 1323.Making any outcry tending to incite rebellion or sedition inany meeting, association or public place4.Displaying placards or emblems which provoke adisturbance of public order in such place5.Burying with pomp the body of a person who has beenlegally executedA Mayor inmedium to PC inminimum and afine notexceedingP1,000Penalty nexthigher in Degree person causingany disturbanceor interruption of a tumultuouscharacter1 . S e r i o u s d i s t u r b a n c e m u s t b e p l a n n e d o r intended2 . I f t h e a c t o f d i s t u r b i n g o r i n t e r r u p t i n g a m e e t i n g o r r e l i g i o u s c e r e m o n y i s n o t committed by public officers, or if committedb y p u b l i c o f f i c e r s t h e y a r e p a r t i c i p a n t s therein, Article 153 should be applied3.Inciting to Sedition or Rebellion distinguishedfrom Public Disorder It is necessary thatoffender should have done the act with theidea aforethought of inducing his hearers orreaders to commit the crime of rebellion ors e d i t i o n ; i f t h e o u t c r y i s m o r e o r l e s s / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Outcry to shout subversive or provocative words tending tostir up the people to obtain by means of force or violence anyof the objects of rebellion or sedition Circumstances Qualifying the Disturbance orInterruption if tumultuous in character Tumultuous the disturbance or interruption shall be deemas such if caused by more than three persons who are armedor provided with means of violenceA Mayor person who shallmake any outcrytending to inciterebellion orseditionA Menor and afine not toexceed P200 bury with pompthe body of aperson legallyexecutedu n c o n s c i o u s o u t b u r s t , w h i c h , a l t h o u g h r e b e l l i o u s o r s e d i t i o u s i n n a t u r e , i s n o t intentionally calculated to induce others tocommit rebellion or sedition, it is only publicdisorder4 . O n e w h o f i r e d a s u b m a c h i n e g u n t o c a u s e disturbance, but inflicted serious physicalinjuries on another, may be prosecuted for 2crimes 154Unlawful Useof Means of Publicationand UnlawfulUtterancesActs Punished as Unlawful Use of Means of Publicationand Unlawful Utterances:

1.Publishing or causing to be published, by means of printing, lithography or any other means of publication, asnews any false news which may endanger the publicorder, or cause damage to the interest or credit of theState2.By encouraging disobedience to the law r to theconstituted authorities or by praising, justifying orextolling any act punished by law, by the same means orby words, utterances or speeches3.By maliciously publishing or causing to be published anyofficial resolution or document without proper authority, orbefore they have been published officially4.By printing, publishing or distributing (or causing thesame) books, pamphlets, periodicals, or leaflets which donot bear the real printer s name, or which are classified asanonymousA Mayor and fineranging fromP200 to P1,0001.It is not necessary that the publication of thefalse news actually cased public disorder orcaused damage to the interest or credit of the State; the mere possibility of causingsuch danger or damage is sufficient2 . T h e o f f e n d e r m u s t k n o w t h a t t h e n e w s i s false3 . I f t h e r e i s n o p o s s i b i l i t y o f d a n g e r t o t h e p u b l i c o r d e r o r o f c a u s i n g d a m a g e t o t h e i n t e r e s t o r c r e d i t o f t h e s t a t e b y t h e publication of the false news 155Alarms andScandalsActs Punished as Alarms and Scandals: 1.Discharging any firearm, rocket, firecracker, or otherexplosive within any town or public place, calculated tocause (which produces) alarm or danger2.Instigating or taking an active part in any charivari orother disorderly meeting offensive to another orprejudicial to public tranquility3.Disturbing the public peace while wandering about at nightor while engaged in any other nocturnal amusements4.Causing any disturbance or scandal in public places whileintoxicated or otherwise, provided Article 153 is notA Menor or a finenot exceedingP2001 . I t i s t h e r e s u l t , n o t t h e i n t e n t t h a t c o u n t s . The act must produce alarm or danger as aconsequence2 . T h e d i s c h a r g e o f t h e f i r e a r m s h o u l d n o t b e aimed at a person, otherwise, the offensewould fall under Article 2543.Article 155 does not make any distinction asto the particular place in the town or publicplace where the discharge of firearm, rocket,etc. is effected4 . T h e d i s c h a r g e o f f i r e c r a c k e r s o r r o c k e t s during fiestas or festive occasion are not / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga a p p l i c a b l e c o v e r e d b y t h i s A r t i c l e 5.Disturbance o f s e r i o u s n a t u r e f a l l s u n d e r Article 1536 . C h a r i v a r i m e d l e y o f d i s c o r d a n t v o i c e s , a mock serenade of discordant noises made onkettles, tins, horns, etc. designed to annoyand incite 156DeliveringPrisonersfrom Jail 1.There is a person confined in a jail or penal establishment2.The offender removes therefrom such person, or helps theescape of such person Qualifying Circumstance What constitutes the qualifying circumstance is theoffender s act of employing bribery as a means of removing or delivering the prisoner from jail, and notthe offender s act of receiving or agreeing to receive abribe as a consideration fro committing the offenseA Mayor inmaximum to PCin minimum any person whoshall removefrom any jail anyperson confinedtherein or shallhelp escape of such person bymeans of violence,intimidation orbriberySame Penaltiesin Minimum if escape shouldtake placeoutside of saidestablishment bytaking guards bysurprise1 . P e r s o n m a y b e u n d e r d e t e n t i o n o n l y o r b y final judgment2 . H o s p i t a l o r a s y l u m c o n s i d e r e d a s a n extension of jail or prison3 . O f f e n d e r i s u s u a l l y a n o u t s i d e r 4 . T h e g u a r d o f t h e j a i l , w h o i s o f f d u t y , m a y be held liable for delivering prisoner from jail5 . V i o l e n c e , i n t i m i d a t i o n o r b r i b e r y i s n o t necessary6 . E m p l o y m e n t o f d e c e i t i s n o t a n e l e m e n t o f the offense7 . I f t h e c r i m e c o m m i t t e d b y t h e p r i s o n e r f o r which he is confined or serving sentence ist r e a s o n , m u r d e r o r p a r r i c i d e , t h e a c t o f taking the place of the prisoner in the prisonis that of an accessory and he may be heldl i a b l e a s s u c h , b e c a u s e h e a s s i s t s i n t h e escape of the principal8 . P r i s o n e r i s c r i m i n a l l y l i a b l e f o r l e a v i n g t h e penal institution only when there is evasionof a sentence 157Evasion of Service of Sentence

1.Offender is a convict by final judgment2.He is serving his sentence which consists in deprivation of liberty3.He evades the service of the sentence by escaping duringthe term of his sentence Qualifying Circumstances: 1.by means of unlawful entry (by scaling);2.by breaking doors, windows, gates, walls, roofs or floors;3.by using picklocks, false keys, disguise, deceit, violence,or intimidation; or4.thru connivance with other convicts or employees of penalinstitutionPC in mediumand maximum escape duringterm of imprisonmentPC in maximum if it shall takewith any of thequalifyingcircumstancesenumerated1 . T h e s e n t e n c e m u s t b e b y r e a s o n o f f i n a l judgment 2 . T h i s a r t i c l e i s n o t a p p l i c a b l e t o s e n t e n c e executed by deportation 3. Escape flee from, to avoid, to get out of the way, as to flee to avoid arrest4 . A r t i c l e 1 5 7 i s a p p l i c a b l e t o s e n t e n c e o f destierro, since it consists in a deprivation of liberty 5. Unlawful entry scaling or climbing thewall / v v v S e c o S e m e A Y 2 2 0 0 5 1 6 o

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Criminal Law II Reviewer VenaV. Verga 158Evasion onOccasion of Disorders 1.The offender is a convict by final judgment, who isconfined in a penal institution2.There is a disorder, resulting from: conflagration,earthquake, explosion, similar catastrophe, or mutiny inwhich he has not participated3.The offender evades the service of his sentence by leavingthe penal institution where he is confined, on the occasionof such disorder or during the mutiny4.The offender fails to give himself up to the authoritieswithin 48 hours following the issuance of a proclamationby the chief executive announcing the passing away of such calamity Mutiny organized unlawful resistance to a superior officer; asedition or revolt; does not include a riot or if prisonersdisarmed the guards and escaped since they are not theirsuperior officersIncrease of 1/5of time stillremaining to beserved under theoriginalsentence, whichin no case shallexceed sixmonthsDeductionprovided inArticle 98 if convict shall givehimself up within48 hours1 . O f f e n d e r m u s t b e a c o n v i c t b y f i n a l judgment2.The convict must leave the penal institution3 . W h a t i s p u n i s h e d i s n o t t h e l e a v i n g o f t h e p e n a l i n s t i t u t i o n , b u t t h e f a i l u r e o f t h e convict to give himself up to the authoritiesw i t h i n 4 8 h o u r s a f t e r t h e p r o c l a m a t i o n announcing the passing away of the calamity4 . I f o f f e n d e r f a i l s t o g i v e h i m s e l f u p , h e g e t s an increased penalty 5. If offender gives himself up he is entitle to adeduction of 1/5 th of his sentence 159Violation of ConditionalPardon 1 . O f f e n d e r w a s a c o n v i c t 2.He was granted a conditional pardon by the Chief Executive3.He violated any of the conditions of such pardon Conditional Pardon a contract between the Chief Executive, who grants the pardon, and the convict, whoaccepts itPC in minimumperiod if penalty remitteddoes not exceed6 yearsUnexpiredPortion of OriginalSentence if penalty remittedis higher than 6years1.The court cannot require the convict to servet h e u n e x p i r e d p o r t i o n o f h i s o r i g i n a l sentence if it does not exceed 6 years2 . V i o l a t i o n o f c o n d i t i o n a l p a r d o n i s n o t a substantive offense, because the penalty forsuch violation is the unexpired portion of thepunishment in the original sentence3.Condition extends to special laws4.Offender must be found guilty of subsequentoffense before he can be prosecuted underArticle 1595.Offender can be arrested and re-incarceratedwithout trial6 . T h e

p e r i o d w h e n c o n v i c t w a s a t l i b e r t y , n o t deducted in case he is recommitted7 . D u r a t i o n o f t h e c o n d i t i o n s s u b s e q u e n t i s l i m i t e d t o t h e r e m a i n i n g p e r i o d o f t h e sentence 160Commissionof AnotherCrime DuringService of PenaltyImposed forAnotherQuasi-Recidivism 1.The offender was already convicted by final judgment of one offense2.He committed a new felony before beginning to serve suchsentence or while serving the same Quasi Recidivism Distinguished from Reiteracion reiteracion requires that the offender against who it isBesides theprovisions of Rule 5 Article 62,Maximum of penaltyprescribed bylaw for the newfelony1.Second crime must be a felony; but the firstc r i m e f o r w h i c h t h e o f f e n d e r i s s e r v i n g s e n t e n c e n e e d n o t b e a f e l o n y ( c o u l d b e under a special law)2 . Q u a s i - R e c i d i v i s m c a n n o t b e o f f s e t b y ordinary mitigating circumstances3 . A q u a s i - r e c i d i v i s t , w h o i s n o t a h a b i t u a l crimi nal, may be pardoned at the age of 70 / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga PreviousOffense considered shall have served out his sentences for the prioroffensesy e a r s i f h e h a s a l r e a d y s e r v e d o u t h i s original sentence or when he shall completeit after reaching said age 161Forging theSeal of theGov t,Signature orStamp of theChief ExecutiveActs Punished: 1.Forging the Great Seal of the Government of thePhilippines2.Forging the signature of the president3 . F o r g i n g t h e s t a m p o f t h e p r e s i d e n t R T 1 . T h e o f f e n s e i s n o t f a l s i f i c a t i o n o f p u b l i c document2 . T h e P r e s i d e n t h a s c u s t o d y a n d u s e o f t h e Great Seal3 . T h e s i g n a t u r e o f t h e P r e s i d e n t m u s t b e forged 162Using ForgedSignature orCounterfeitSeal orStamp 1.That the Great Seal of the Republic was counterfeited orthe signature or stamp of the Chief Executive was forgedby another person2.The offender knew of the counterfeiting or forgery3.He used the counterfeit seal or forged signature or stampP M a y o r T h e o f f e n d e r u n d e r t h i s a r t i c l e s h o u l d n o t b e t h e forger. 163Making andImportingand UtteringFalse Coins 1.There be false or counterfeited coins2.The offender either made, imported or uttered such coins3.That in case of uttering such false or counterfeited coins,he connived with the counterfeiters or importers Coin is a piece of metal stamped with certain marks andmade current at a certain value Counterfeiting means the imitation of a legal or genuinecoin; there must be an imitation of the peculiar design of agenuine coin Import means to bring them into port Utter means to pass counterfeited coins; includes theirdelivery or act of giving them awayPM in minimumand medium anda fine not toexceed P10,000 silver coin of Philippines orcoin of CBPC in minimumand medium anda fine not toexceed P2,000 minor coinage of the Philippines orCBPC in minimumand a fine not toexceed P1,000 currency of foreign country1 . A c o i n i s f a l s e o r c o u n t e r f e i t e d i f i t i s f o r g e d or if it is not authorized by the governmentas legal tender, regardless of its intrinsicvalue2.Former coins withdrawn from circulation maybe counterfeited under Article 1633 . K i n d s o f c o i n s t h e C o u n t e r f e i t i n g o f w h i c h i s Punished:a . S i l v e r c o i n o f t h e P h i l i p p i n e s o r c o i n o f the Central Bank of the Philippinesb . C o i n o f m i n o r c o i n a g e o f t h e P h i l i p p i n e s or of the Central Bank of the Philippinesc.Coin of the currency of a foreign country 164Mutilation of CoinsActs Punished: 1.Mutilating coins of the legal currency, with furtherrequirement that there be intent to damage or to defraudanother2.Importing or uttering such mutilated coins, with thefurther requirement that there must be connivance withthe mutilator or importer in case of utteringPC in minimumand a fine not toexceed P2,0001 . M u t i l a t i o n m e a n s t o t a k e o f f p a r t o f t h e metal either by filing it or substituting it foranother metal of inferior quality;

to diminishby ingenuous means the metal in the coin2 . T h e c o i n m u s t b e o f l e g a l t e n d e r i n mutilation3.Coins of foreign country not included / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 1 8 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 165Selling of False orMutilatedCoins,WithoutConnivance 1.Possession of coin, counterfeited or mutilated by anotherperson, with intent to utter the same, knowing that it isfalse or mutilateda . P o s s e s s i o n b . W i t h i n t e n t t o u t t e r c . K n o w l e d g e 2.Actually uttering such false or mutilated coins, knowingthe same to be false and mutilateda . A c t u a l l y u t t e r i n g b . K n o w l e d g e Penalty lower byone degree thanthat prescribedin said articles1 . P o s s e s s i o n o f o r u t t e r i n g f a l s e c o i n d o e s n o t require that the counterfeited coin is legal tender2.Constructive possession included3 . P o s s e s s i o n o f c o u n t e r f e i t e r o r i m p o r t e r n o t punished as separate offense4 . A c c u s e d m u s t h a v e k n o w l e d g e o f t h e f a c t t h a t the coin is false5 . P u n i s h a b l e e v e n i f t h e o f f e n d e r w a s n o t i n connivance with counterfeiter or mutilator 166ForgingTreasury orBank Notesor OtherDocumentsPayable toBearerActs Punishable: 1.Forging or falsification of treasury or bank notes or otherdocuments payable to bearer2.Importation of such false or forged obligations or notes3.Uttering of such false or forged obligations or notes inconnivance with the forgers or importers Forging committed by giving to a treasury or bank note orany instrument payable to bearer or to order the appearanceof a true and genuine document; to forge an instrument is tomake false instrument intended to be passed for the genuineone Falsification committed by erasing, substituting,counterfeiting, or altering by any means, the figures, letters,words, or signs contained therein Importation means to bring them into the Philippines,which presupposes that the obligations or notes are forged orfalsified in a foreign country Uttering means offering obligations or notes knowing themto be false or forged, whether such offer is accepted or not,with a representation, by words or actions, that they aregenuine and with an intent to defraud Obligation or Security all bonds, certificates of indebtedness, national bank notes, coupons, treasury notes,fractional notes, certificates of deposits, bills, checks, draftsfor money, and other representatives of value under any actof CongressRT in minimumand fine not toexceed P10,000 obligation orsecurity of PhilippinesP Mayor inmaximum periodand a fine not toexceed P5,000 circulating noteissued by anybankingassociation dulyauthorized bylawP Mayor inmedium and afine not toexceed P5,000 issued by foreigngov tP Mayor inminimum and afine not toexceed P2,000 circulating noteor bill issued byforeign bank dulyauthorizedtherefore1.Uttering forged bill must be with connivanceto constitute a violation of Article 1662 . N o t e s a n d o t h e r o b l i g a t i o n s a n d s e c u r i t i e s that may be forged or falsified under Article166:a . T r e a s u r y o r b a n k n o t e s , b . C e r t i f i c a t e s c . O t h e r o b l i g a t i o n s a n d s e c u r i t i e s , p a y a b l e to bearer3 . A b a n k n o t e , c e r t i f i c a t e o r o b l i g a t i o n a n d security is payable to bearer when it can benegotiated by mere delivery4 . P e n a l t i e s d e p e n d u p o n t h e k i n d o f f o r g e d treasure or bank notes or other documents5.Forgery is Committed: (Article 169)a . B y g i v i n g t o a t r e a s u r y o r b a n k n o t e o r any instrument payable to bearer or toorder mentioned therein, the appearanceof a true and genuine documentb . B y

erasing, substituting, counterfeiting,or altering by any means contained therein / v v v e r g a S e c o n d S e m e s t e r A Y 2 0 0 4 2 0 0 5 P a g 1 9 o f 7 5

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Criminal Law II Reviewer VenaV. Verga 167CounterfeitingInstrumentsNot Payableto Bearer 1.There be an instrument payable to order or otherdocument of credit not payable to bearer2.The offender either forged, imported or uttered suchinstrument3.In case of uttering, he connived with the forger orimporterPC in mediumand maximumand a fine not toexceed P6,0001 . A p p l i c a t i o n o f t h i s a r t i c l e i s l i m i t e d t o instruments payable to order2.It includes such instruments or document of c r e d i t i s s u e d b y a f o r e i g n g o v e r n m e n t o r bank3 . C o n n i v a n c e i s n o t r e q u i r e d i n u t t e r i n g i f t h e utterer is the forger 168IllegalPossessionand use of FalseTreasury orBank Notesand OtherInstrumentsof Credit 1.That any treasury or bank not or certificate or otherobligation and security payable to bearer, or anyinstrument payable to order or other document of creditnot payable to bearer is forged or falsified by anotherperson2.The offender knows that any of those instruments isforged or falsified3 . H e p e r f o r m s a n y o f t h e s e a c t s : a.using any of such forged or falsified instrumentsb.possessing with intent to use any of such forged orfalsified instrumentsPenalty nextlower in degreethan thatprescribed insaid articles1.Intent to posses is not intent to use2 . P o s s e s s i o n o f f a l s e t r e a s u r y o r b a n k n o t e s alone is not a criminal offense3 . A c c u s e d m u s t h a v e k n o w l e d g e o f f o r g e d character of the note4.A person in possession of falsified documentand who makes use of the same is presumedto be material author of falsification5 . I t i s n o t a n i m p o s s i b l e c r i m e w h e n t h e a c t performed would have been a crime of illegalpossession of false treasury notes 170Falsificationof LegislativeDocuments 1.That there be a bill, resolution or ordinance enacted orapproved or pending approval by either House of theLegislature or any provincial board or municipal council2 . T h e o f f e n d e r a l t e r s t h e s a m e 3.He has no proper authority therefore4.The alteration has changed the meaning of the documentPC in maximumand a fine not toexceed P6,0001.Bill, resolution or ordinance must be genuine2 . O f f e n d e r i s a n y p e r s o n 3 . T h e a c t o f f a l s i f i c a t i o n i n l e g i s l a t i v e d o c u m e n t i s l i m i t e d t o a l t e r i n g i t w h i c h changes its meaning 171Falsificationby PublicOfficer,Employee, orNotary orEcclesiasticalMinister 1.Offender is a public officer, employee or notary public2.He takes advantage of his official positiona.He has duty to make or to prepare or otherwiseintervene in the preparation of the document; orb.He has the official custody of the document which hefalsifies3.That he falsifies a document by committing any of thefollowing acts:a.counterfeiting or imitating (feigning) any handwriting,signature or rubrici.that there be an intent to imitate, or an attempt toimitateii.that the 2 signatures or handwritings, the genuineand the forged, bear some resemblance to eachotherb.causing it to appear that persons have participated inany act or proceeding when they did not in fact soparticipatei.the offender caused it to appear in a documentP Mayor and afine not toexceed P5,000 first paragraphSame penalty ecclesiasticalminister1 . I n f a l s i f i c a t i o n b y m a k i n g a l t e r a t i o n o r i n t e r c a l a t i o n o r i n c l u d i n g i n a c o p y a different statement, there must be a genuined o c u m e n t t h a t i s f a l s i f i e d ; i n o t h e r paragraphs, falsification may be committedby simulating or fabricating a document2 . P a r a g r a p h 1 a . C o u n t e r f e i t i n g i m i t a t i n g a n y handwriting, signature or rubricb . F e i g n i n g simulating a s i g n a t u r e , handwriting or rubric out of one whichdoes not in fact exist3 . P a r a g r a p h 2 when c o m m i t t e d b y a p r i v a t e individual, Article 172 should apply4 . P a r a g r a p h 4 a . T h e r e m u s t b e a n a r r a t i o n o f f a c t s , n o t of conclusion of lawb . L e g a l O b l i g a t i o n t h e r e i s a l a w requiring the disclosure of the truth of / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 -

Criminal Law II Reviewe

Criminal Law II Reviewer VenaV. Verga that a person(s) participated in an act orproceedingii.That such person(s) did not in fact so participatein the act or proceedingc.Attributing to person who have participated in an actor proceeding statements other than those in factmade by themi.that a person(s) participated in an act orproceedingii.that such person(s) made statements in that actor proceedingiii.that the offender, in making the document,attributed to such person(s) statements other thanthose in fact made by such person(s)d.Making untruthful statements in a narration of factsi.that the offender makes in a document statementsin a narration of factsii.that he has a legal obligation to disclose the truthof the facts narrated by himiii.that the facts narrated by the offender areabsolutely falsee . A l t e r i n g t r u e d a t e s f.Making any alteration or intercalation in a genuinedocument which changes its meaningi.that there be an alteration (change) orintercalation (insertion) on a documentii.that it was made a genuine documentiii.that the alteration or intercalation has changed themeaning of the documentiv.that the change made the document speaksomething falseg.Issuing in authenticated form a document purportingto be a copy of any original document when no suchoriginal exists, or including in such copy a statementcontrary to, or different from that of the genuineoriginalh.Intercalating any instrument or note relative to theissuance thereof in a protocol, registry or official book.4.In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record ordocument of such character that its falsification may affectthe civil status of personsthe facts narratedc . P e r s o n m a k i n g t h e n a r r a t i o n o f f a c t s must be aware of the falsity of the factsnarrated by him d. Perversion of truth must be made withthe wrongful intent of injuring 3 rd persone . W r o n g f u l i n t e n t n o t e s s e n t i a l w h e n t h e document falsified is a public documentf . G o o d f a i t h i s a d e f e n s e g.Falsification by omission is punishable5.Paragraph 5 Date must be essential6 . P a r a g r a p h 7 a . l i a b i l i t y o f p r i v a t e i n d i v i d u a l w h e n t h e r e is conspiracy same as public officerb.Intent to gain or prejudice not necessary / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 172Falsificationby PrivateIndividualsand use of FalsifiedDocumentsActs Punished and Their Requisites: 1.Falsification of public, official or commercial document bya private individuala.that the offender is a private individual or a publicofficer or employee who did not take advantage of hisofficial positionb.that he committed any of the acts of falsificationenumerated in Article 171c.that the falsification was committed in a public orofficial or commercial document2.Falsification of private document by any persona.that the offender committed any of the acts of falsification, except those in paragraph 7, enumeratedin Article 171b.that the falsification was committed in any privatedocumentc.that the falsification caused damage to a third party orat least the falsification was committed with intent tocause such damage3 . U s e o f f a l s i f i e d d o c u m e n t Introducing in Judicial Proceeding: a.that the offender knew that a document was falsifiedby another personb.that the false document is embraces in Article 171 orin any subdivision no 1 or 2 or Article 172c.that he introduced said document in evidence in any judicial proceeding Use in Any Other Transaction:

a.that the offender knew that a document was falsifiedby another personb.that the false document is embraced in Article 171 orin any of subdivision no. 1 or 2 of Article 172c.that he used such document (not in judicialproceedings)d.that the use of the false documents caused damage toanother or at least it was used with intent to causesuch damagePC in mediumand maximumand a fine of notmore thanP5,000Paragraph 11 . F o u r K i n d s o f Documentsa.Public Document c r e a t e d , e x e c u t e d o r issued by a public official in response toe x i g e n c i e s o f p u b l i c s e r v i c e , o r i n e x e c u t i o n o f w h i c h a p u b l i c o f f i c i a l intervenedb . O f f i c i a l D o c u m e n t i s s u e d b y a p u b l i c official in exercise of the functions of hisofficec . P r i v a t e D o c u m e n t s d e e d o r i n s t r u m e n t executed by a private person without thei n t e r v e n t i o n of notary public or otherperson legally authorized, by whichd o c u m e n t s o m e d i s p o s i t i o n o r agreement is proved, evidenced or setforthd . C o m m e r c i a l D o c u m e n t s d e f i n e d a n d regulated by the Code of Commerce orany other commercial law2 . M e r e b l a n k f o r m o f o f f i c i a l d o c u m e n t i s n o t in itself a document3.Possessor of a certificate of tile is presumedt o b e t h e a u t h o r o f t h e f a l s i f i c a t i o n t h a t made possible the transfer of title4.Possessor of falsified document is presumedto be author of falsification5 . G o o d f a i t h i s a d e f e n s e Paragraph 21.Mere falsification is not enough; requires:a . h e m u s t h a v e c o u n t e r f e i t e d t h e f a l s e document b. he must have performed an independenta c t w h i c h o p e r a t e s t o p r e j u d i c e 3 rd person2 . D a m a g e n e e d n o t b e m a t e r i a l 3.not necessary that offender profited or hopeto profit by falsification4 . F a l s i f i c a t i o n m a y b e a n e c e s s a r y m e a n s t o commit other crimesa . n o c o m p l e x c r i m e o f e s t a f a t h r u falsification of private documentb.no falsification thru reckless imprudence / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga i f d o c u m e n t i s p r i v a t e a n d n o a c t u a l damage is causedc . c r i m e i s f a l s i f i c a t i o n o f p u b l i c d o c u m e n t , even if falsification took place before theprivate document becomes part of publicrecordsG e n e r a l l y , f a l s i f i c a t i o n h a s n o a t t e m p t e d o r frustrated stageParagraph 31 . D a m a g e n o t n e c e s s a r y i n c r i m e o f introducing in judicial proceedings; Intent tocause damage, at least, is required in use of falsified document in proceeding not judicial2.User deemed author of falsification if a . t h e u s e w a s s o c l o s e l y c o n n e c t e d i n t i m e with falsificationb . t h e u s e r h a d t h e c a p a c i t y o f f a l s i f y i n g the document 173Falsificationof Wireless,Cable,TelegraphandTelephoneMessagesActs Punishable 1.Uttering fictitious wireless, telegraph or telephonemessagea.That the offender is an officer or employee of thegovernment or of a private corporation, engaged inthe service of sending or receiving wireless, cable ortelephone messageb.That the offender commits any of the following acts:i.uttering fictitious wireless, cable, telegraph ortelephone messageii.falsifying wireless, cable, telegraph or telephonemessage2.Falsifying wireless, telegraph or telephone message* same as above3 . U s i n g s u c h f a l s i f i e d m e s s a g e a.

that the accused knew that wireless, cable, telegraph,or telephone message was falsified by any of theperson specified in the 1 st paragraph of Article 173b.that the accused used such falsified dispatch c. that the use of the falsified dispatch resulted in theprejudice of a 3 rd party, or that the use thereof waswith intent to cause such prejudicePC in mediumand maximum falsificationPenalty nextlower in degree use of suchfalsified dispatch1 . P r i v a t e i n d i v i d u a l c a n n o t b e a p r i n c i p a l b y d i r e c t p a r t i c i p a t i o n i n f a l s i f i c a t i o n o f telegraphic dispatches2 . P r i v a t e i n d i v i d u a l m a y b e h e l d l i a b l e a s principal by inducement in falsification of telegraph dispatches or telephone messages / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer Vena V. Verga

174Falsificationof MedicalCertificates,Certificatesof Merit orServicePersons Liable: 1.Physician or Surgeon must refer to illness or injury of aperson; called False Medical Certificate by a Physician 2.Public Officer includes merit,, service, good conduct orsimilar circumstances; called False Certificate of Merit orService by a Public Officer A Mayor inMaximum to PCin minimum anda fine not toexceed P1,000 1. Certificate a n y w r i t i n g b y w h i c h testimony is given that a fact has or has nottaken place2 . F a l s i f i c a t i o n o f c e r t i f i c a t e o f l a r g e c a t t l e i s now covered by Article 171 or 172 and not1743.Private Individual False Medical Certificate by a PrivateIndividual or False Certificate of Merit by a PrivateIndividual A Mayor 175Using FalseCertificates 1.That the physician or surgeon had issued a false medicalcertificate, or a public officer had issued a false certificateof merit or service, good conduce or similar circumstance,or a private person had falsified any of said certificates2.that the offender knew that the certificate was false3 . t h a t h e u s e d t h e s a m e A Menor 176Mnftg andPossession of ImplementsforFalsificationActs Punished: 1.Making or introducing in to the Philippines any stamps,dies, marks or other instruments or implements forcounterfeiting or falsification2.Possessing with intent to use the instruments orimplements for counterfeiting or falsification made in orintroduced into the Philippines by another personPC in mediumand maximumand a fine not toexceed P10,000Penalty nextlower in degree1 . I m p l e m e n t s c o n f i s c a t e d n e e d n o t f o r m a complete set2.Also punished constructive possession 177Usurpation of Authority orOfficialFunctionsTwo Ways of Committing the Crime: 1.By knowingl y and falsely representing oneself to be anofficer, agent or representative of any department oragency of the Philippine Government or any foreigngovernment In usurpation of authority, the mere act of knowinglyand falsely representing oneself to be an officer, etc. issufficient; it is not necessary that he performs an actpertaining to a public officer2.By performing any act pertaining to any person inauthority or public officer of the Philippine Government orof a foreign government or any agency thereof, underpretense of official position, and without being lawfullyentitled to do so In usurpation of official functions, it is essential that theoffender should have performed an act pertaining to aperson in authority or public officer, in addition to otherrequirementsPC in minimumand mediumperiods1.There must be positive, express and explicitrepresentation2 . T h e o f f e n d e r s h o u l d h a v e r e p r e s e n t e d h i m s e l f t o b e a n o f f i c e r , a g e n t o r representative of any department or agencyo f t h e g o v e r n m e n t ; o r s h o u l d h a v e performed an act pertaining to a person inauthority or public officer3.False representation ma y be shown by acts4 . A r t i c l e 1 7 7 m a y b e v i o l a t e d b y a p u b l i c officer5.Article 177 does not apply to occupant undercolor of title6 . A r t i c l e 1 7 7 p u n i s h e s u s u r p a t i o n o f a u t h o r i t y o r o f f i c i a l f u n c t i o n s o f a n y o f f i c e r o f a n y foreign government7 . T h e a c t p e r f o r m e d , w i t h o u t t h e o f f e n d e r being lawfully entitled to do so, must pertaint o t h e g o v e r n m e n t , o r t o a n y p e r s o n i n authority, or to any public officer

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Criminal Law II Reviewer Vena V. Verga 178UsingFictitiousName andConcealingTrue NameUsing Fictitious Name: 1.The offender uses a name other than his real name2.He uses that fictitious name publicly3.The purpose of the offender is to con ceal a crime, toevade the execution of a judgment, or to cause damage topublic interestConcealing True Name:1.That the offender con ceals his true name and all othercircumstances2.That the purpose is only to conceal his identityDistinction Between Use of Fictitious Name and ConcealingTrue Name:1. In use, the element of publicity must be present; inconcealing true name, that element is not necessary2.The purpose of use of fictitious name is any of those 3enumerated; in concealing true name, it is merely toconceal identityA Mayor and afine not toexceed P500 use of fictitiousnameA Menor and afine not toexceed P200 conceal truename1.If the purpose is for causing damage, it mustbe damage to public interest2.Signing a fictitious name in an application forp a s s p o r t i s p u b l i c l y u s i n g s u c h f i c t i t i o u s name3 . W h e r e a p e r s o n t a k e s t h e p l a c e o f a n o t h e r who has been convi cted by final judgment,h e i s g u i l t y o f u s i n g a f i c t i t i o u s n a m e punishable under this Article4 . F i c t i t i o u s N a m e a n y o t h e r n a m e w h i c h a person publicly applies to himself withoutauthority of law5.Com Act No. 142 regulates the use of aliases 179Illegal Use of Uniforms orInsignia 1.That the offender makes use of insignia, uniform or dress2.That the insignia, uniform or dress pertains to an offi cenot held by the offender or to a class of persons of whichhe is not a member3.That said insignia, uniform or dress is used publicl y andimproperlyA M a y o r 1 . W e a r i n g t h e u n i f o r m o f a n i m a g i n a r y o f f i c e i s not punishable2 . A n e x a c t i m i t a t i o n o f a u n i f o r m o r d r e s s i s unnecessary 180FalseTestimonyAgainst aDefendant 1.That there be a criminal proceeding2.That the offender testifies falsely under oath against thedefendant therein3.That the offender who gives false testimon y knows that itis false4.that the defendant against whom the false testimon y isgiven is either acquitted or convicted in a final judgment False Testimony committed by a person who, being underoath and required to testify as to the truth of a certain matterat a hearing before a competent authority, shall deny thetruth or say something contrary to it Nature of Crime of False Testimony particularly odiouswhen committed in judicial proceedings, as it constitutes animposition upon the court and seriously exposes it to amiscarriage of justiceRT if thedefendant shallhave beensentenced todeathPM if defendantshall have beensentenced to RTor PerpetuaA Mayor if defendant shallhave beensentenced tocorrectionalpenalty or a fine,or shall havebeen acquitted1 . P e n a l t y f o r f a l s e t e s t i m o n y a g a i n s t t h e defendant in a criminal case depends uponthe sentence imposed on the person againstwhom the false testimony was given2 . D e f e n d a n t m u s t b e s e n t e n c e d a t l e a s t t o a correctional penalty, or a fine, or must beacquitted3 . W i t n e s s w h o g a v e f a l s e t e s t i m o n y i s l i a b l e even if his testimony was not considered bythe court4.The law intends to punish the mere giving of false testimony / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer Vena V. Verga 181FalseTestimonyFavorable toDefendantNature of the Crime False testimony favorable to thedefendant is equally repugnant to the orderly administration of justiceFalse testimony is punished because of its tendency to favoror to prejudice the defendantA Mayor in maxto PC inminimum and afine not toexceed P1,000 if prosecution isfor a felonypunishable by anafflictive penaltyA Mayor in anyother case1 . F a l s e t e s t i m o n y b y n e g a t i v e s t a t e m e n t i s i n favor of defendant2 . T h e f a l s e t e s t i m o n y f a v o r a b l e t o t h e defendant need not benefit the defendant3 . R e c t i f i c a t i o n m a d e s p o n t a n e o u s l y a f t e r realizing the mistake is not false testimony

182FalseTestimony inCivil Cases 1.That the testimon y must be given in a civil case2.That the testimon y must relate to the issues presented insaid case3 . T h a t t h e t e s t i m o n y m u s t b e f a l s e 4.That the false testimon y must be given by the defendantknowing the same to be false5.That the testimon y must be malicious and given with anintent to affect the issues presented in said casePC in minimumand a fine not toexceed P6,000A Mayor in maxto PC inminimum andfine not toexceed P1,0001 . T h e t e s t i m o n y g i v e n i n c i v i l c a s e m u s t b e false2 . A r t i c l e 1 8 2 i s n o t a p p l i c a b l e w h e n t h e f a l s e testimony is given in special proceedings3 . P e n a l t y d e p e n d s o n a m o u n t o f t h e controversya . P C i n m i n i m u m a n d a f i n e n o t t o e x c e e d P6,000 if amount in controvers y shallexceed P5,000b . A M a y o r i n m a x t o P C i n m i n i m u m a n d fine not to exceed P1,000 if amount inc o n t r o v e r s y s h a l l n o t e x c e e d s a i d amount or cannot be estimated 183FalseTestimony inOther Casesand Perjuryin SolemnAffirmation a.That the accused made a statement under oath orexecuted an affidavit uon a material matterb.That the statement or affidavit was made before acompetent officer, authorized to receive andadminister oathc.That in the statement or affidavit, the accused made awillful and deliberate assertion of a falsehood; andd.That the sworn statement or affidavit containing thefalsity is required by law Oath any form of attestation by which a person signifiesthat he is bound in conscience to perform an act faithfully andtruthfullyAffidavit sworn statement in writing; a declaration in writing,made upon oath before an authorized magistrate or officer Material Matter it is the main fact which is the subject of the inquiry or any circumstance which tends to prove thatfact, or any fact or circumstance which tends to corroborate orstrengthen the testimony relative to the subject of inquiry, orA Mayor inmaximum to PCin minimum1 . T h e r e m u s t b e c o m p e t e n t p r o o f o f materiality2 . D i s t i n g u i s h : a . M a t e r i a l w h e n i t i s d i r e c t e d t o p r o v e a fact in issueb . R e l e v a n t w h e n i t t e n d s i n a n y r e a s o n a b l e d e g r e e t o e s t a b l i s h t h e probability or improbability of a fact inissuec . P e r t i n e n t w h e n i t c o n c e r n s c o l l a t e r a l m a t t e r s w h i c h m a k e m o r e o r l e s s probable the proposition at issue3.If the false testimon y gi ven b y the witness Isnot important, essential or material to thep r i n c i p a l m a t t e r u n d e r i n v e s t i g a t i o n , i t c a n n o t p r o p e r l y b e h e l d t h a t p e r j u r y i s committed4 . N o p e r j u r y i f d e f e n d a n t s u b s c r i b e d a n d swore before a clerk in treasurers offi ce / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 6 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer Vena V. Verga which legitimately affects the credit of any witness whotestifies Competent Person Authorized to Administer Oath aperson who has a right to inquire into the questions presentedhim upon matters under his jurisdictions i n c e c l e r k i n n o t a c o m p e t e n t p e r s o n authorized to administer oaths5 . T h e a s s e r t i o n o f f a l s e h o o d m u s t b e w i l l f u l and deliberate6 . G o o d f a i t h o r l a c k o f m a l i c e i s a d e f e n s e i n perjury7 . E v e n i f t h e r e i s n o l a w , r e q u i r i n g t h e statement to be made under oath, as long asit is made for a legal purpose, it is sufficient8 . T w o c o n t r a d i c t o r y s w o r n s t a t e m e n t s a r e n o t sufficient to convict of perjury9 . S u b o r n a t i o n o f P e r j u r y c o m m i t t e d b y a person who knowingly and willfully procuresa n o t h e r t o s w e a r f a l s e l y a n d t h e w i t n e s s suborned does testify under circumstancesrendering him guilty 184OfferingFalseTestimony inEvidence 1.That the offender offered in evidence a false witness orfalse testimony2.That he knew the witness or the testimon y was false3.That the offer was made in a judicial or official proceeding Offer of Evidence begins the moment a witness is called tothe witness stand and interrogated by counselRespectivepenaltiesprovided in thissection1 . E v e n i f t h e r e w a s c o n s p i r a c y b e t w e e n f a l s e witness and party who presented him, thew i t n e s s h a v i n g d e s i s t e d b e f o r e h e c o u l d testify on any material matter, he is NOTl i a b l e , b e c a u s e d e s i s t a n c e d u r i n g t h e a t t e m p t e d s t a g e o f e x e c u t i o n i s a n absolutory cause which exempts him fromcriminal liability2 . A r t i c l e 1 8 4 a p p l i e s w h e n t h e o f f e n d e r d o e s not induce a witness to testify falsely 185Machinations,Monopolies,andCombinations

1.By soliciting an y gift or promise as a consideration forrefraining from taking part in any public auctiona . T h a t t h e r e b e a p u b l i c a u c t i o n b.That the accused solicited any gift or promise fromany of the biddersc.That such gift or promise was the consideration for hisrefraining from taking part in that public auctiond.That the accused had the intent to cause the reductionof the price of the thing auctioned2.By attempting to cause bidders to stay awa y fr om anauction by threats, gifts, promises or any other artificea . T h a t t h e r e b e a p u b l i c a u c t i o n b.That the accused attempted to cause the bidders tostay away from the public auctionc.That is was done b y threats, gifts, promises or anyother artificed.That the accused had the intent to cause the reductionPC in minimumperiod and a fineranging from10% to 50% of the value of thething auctioned1.Crime is consummated by mere solicitation2.Other artifice includes the use of trickery3 . A n a t t e m p t t o c a u s e p r o s p e c t i v e b i d d e r s t o s t a y a w a y f r o m a n a u c t i o n b y m e a n s o f threats, gifts, etc, with the intent that thething auctioned should command a lesserprice, is sufficient to constitute an offense4 . T h e t h r e a t n e e d n o t b e e f f e c t i v e n o r t h e offer or gift accepted for the crime to arise5 . R e a s o n f o r t h e P r o v i s i o n : e x e c u t i o n s a l e s s h o u l d b e o p e n e d t o f r e e a n d f u l l competition in order to secure the maximumbenefit for the debtors / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II ReviewerVena V. Verga of the price of the thing auctioned 186MonopoliesandCombinationsin Restraintof TradeActs Punished as Monopolies: 1.Combination to prevent free competition in the market by entering into any contract or agreement or takingpart in any conspiracy or combination in the form of atrust or otherwise, in restraint of trade or commerceor to prevent by artificial means free competition inthe market2.Monopoly to restrain free competition in the market by monopolizing any merchandise or object of trade orcommerce, or by combining with any other person(s)to monopolize said merchandise or object in order toalter the prices thereof by spreading false rumors ormaking use of any other artifice to restrain freecompetition in the market3.Manufacturer, producer, or processor or importercombining, conspiring or agreeing with any person tomake transactions prejudicial to lawful commerce or toincrease the market price of merchandisea.Person Liable manufacturer, producer, processor, orimporter of any merchandise or object of commerceb.Crime Committed by combining, conspiring, oragreeing with any personc.Purpose to make transactions prejudicial to lawfulcommerce, or to increase the market price of anymerchandise or object of commerce manufactured,produced, processed, assembled or imported into thePhilippinesPC in minimumor a fine rangingfrom P200 toP6,000, or both1 . T h e t h e o r y i n p e n a l i z i n g m o n o p o l i e s a n d c o m b i n a t i o n s i n r e s t r a i n t o f t r a d e i s t h a t competition, not combination, should be thelaw of trade2 . A n y p r o p e r t y p o s s e s s e d u n d e r a n y c o n t r a c t or combination contemplated in this article,shall be forfeited to the Government3 . T h e l a w i n t e n d s t o p u n i s h t h e m e r e c o n s p i r a c y o r c o m b i n a t i o n a t w h i c h i t i s aimed4 . I f t h e o f f e n s e a f f e c t s a n y f o o d s u b s t a n c e , mo tor fuel or lubricants or other article of p r i m e n e c e s s i t y , i t i s s u f f i c i e n t f o r t h e i m p o s i t i o n o f t h e h i g h e r p e n a l t y t h a t t h e initial steps have been taken toward carryingout the purposes of combination5 . W h e n t h e o f f e n s e i s c o m m i t t e d b y a corporation or association, the president anddirectors or managers are liable as principalsthereof; But the president and directors ormanagers are only liable if they:a . k n o w i n g l y p e r m i t t e d , o r b . f a i l e d t o p r e v e n t t h e c o m m i s s i o n o f s u c h offense 187ImportationandDisposition of FalselyMarkedArticles 1.That the offender imports, sells, or disposes of any of those articles or merchandise2.The stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or qualityof said metals or alloys3.The offender knows that stamps, brands, or marks fail toindicate the actual fineness or quality of the metals oralloysPC or a fineranging fromP200 to P1,0001 . A r t i c l e s o f m e r c h a n d i s e i n v o l v e d : g o l d , silver, other precious metals, or their alloys.2 . S e l l i n g t h e m i s b r a n d e d a r t i c l e s i s n o t necessary3 . A r t i c l e 1 8 7 d o e s n o t a p p l y t o m a n u f a c t u r e r of misbranded articles made of gold, silver,etc. 188Substitutingand AlteringTrademarks,Tradenames, orService

3.By using or substituting the service mark or some otherperson, or a colorable imitation of such mark, in the saleor advertising of his services4.By printing, lithographing, or reproducing trade name,trademark, or service mark of one person, or a colorableimitation thereof, to enable another person to fraudulentlyuse the same, knowing the fraudulent purpose for which itPC in minimumor a fine rangingfrom P500 toP2,000 or both1 . T h e t r a d e n a m e , e t c . u s e d b y t h e o f f e n d e r need not be identical with the infringed tradename, etc of the offended party; a colorableimitation is sufficient2 . T h e r e m u s t n o t b e d i f f e r e n c e s w h i c h a r e glaring and striking to the eye3 . M a r k a n y v i s i b l e s i g n c a p a b l e o f / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 2 8 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga marks is to be used Trade Name name or designation identifying ordistinguishing an enterprise Trade Name Distinguished from Trademark 1.Trade name is used in trade to designate a particularbusiness of certain individuals considered as an entity;trademark is used to indicate the origin or ownership of the goods to which it is affixed2.Trade name, unlike trademarks, are not necessarilyattached or affixed to the goods of the ownerd i s t i n g u i s h i n g t h e f o o d s ( t r a d e m a r k ) o r service (service mark) of an enterprise andshall include a stamped or marked container4 . T h e t r a d e m a r k s f u n c t i o n i s t o i n d i c a t e t h e origin or ownership of the goods to which itis fixed5 . T h e o b j e c t s o f t r a d e m a r k a r e t o p o i n t o u t disti nctly the origin or ownership of thearticle t o w h i c h i t i s a f f i x e d , t o s e c u r e t o him, who has been instrumental in briningi n t o m a r k e t a s u p e r i o r a r t i c l e o f merchandise, the fruit of his industry andskill, and to prevent fraud and imposition6 . I t i s n o t n e c e s s a r y t h a t t h e g o o d s o f t h e prior user and the late user of the trademarkare of the same categories7 . T h e t r a d e n a m e o r t r a d e m a r k m u s t b e registered8 . T r a d e m a r k m u s t n o t b e m e r e l y d e s c r i p t i v e or generic 9. T h e e x c l u s i v e r i g h t t o a n o r i g i n a l l y v a l i d trademark or trade name is lost, if for somer e a s o n i t l o s e s i t s d i s t i n c t i v e n e s s o r h a s become publici juris 189UnfairCompetition,FraudulentRegistrationof TradeName,trademark, orservice mark,Fraudulentdesignationof Origin, andFalseDescriptionActs Punished: 1.By selling his goods, giving them the general appearanceof the goods of another manufacturer or dealer (UnfairCompetition)a.That the offender gives his goods the generalappearance of the goods of another manufacturer ordealerb.That the general appearance is shown in the (a) goodsthemselves, or in the (b) wrapping of their packages,or in the (c) device or words therein, or (d) any otherfeature of their appearancec.That the offender offers to sell(s) those goods or givesother persons a chance or opportunity to do the samewith a like purposed.That there is actual intent to deceive public or defrauda competitor2.By (a) affixing to his goods or using in connection with hisservices a false designation of origin, or any falsedescription or representation, and (b) by selling suchPenalty providedfor in the nextpreceding article1 . M e r e o f f e r f o r s a l e c o m p l e t e s t h e commission of the crime2 . E v i d e n c e o f a c t u a l f r a u d u l e n t i n t e n t i s n o t necessary3.The basis for penalizing unfair competition isthat no one shall, by imitating or any unfairdevice, induce the public to believe that theg o o d s h e o f f e r s f o r s a l e a r e t h e g o o d s o f another, and thereby appropriate to himself the value of the reputation which the otherh a s a c q u i r e d f o r t h e p r o d u c t s o r merchandise manufactured or sold by him4 . T h e t r u e t e s t o f u n f a i r c o m p e t i t i o n i s whether certain goods have clothed with ana p p e a r a n c e w h i c h i s l i k e l y t o d e c e i v e ordinary purchaser exercising ordinary care,and not whether a certain limited class of p u r c h a s e r w i t h s p e c i a l k n o w l e d g e n o t possessed by the ordinary purchaser could / v v v e r g a S e c o n d S e m e s t e r ,

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Criminal Law II Reviewer VenaV. Verga goods and services3.By procuring fraudulently from the patent office theregistration of trade name, trademark, or service mark Smuggling or Illegal Importation: requisites:1.that the merchandise must have been fraudulently orknowingly imported contrary to law2.that the defendant, if he is not the importer himself, musthave received, concealed, bought, sold or in any mannerfacilitated the transportation, concealment or sale of themerchandise3.that the defendant must be shown to have knowledge thatthe merchandise had been illegally importedavoid mistake by the exercise of this specialknowledge5 . M a s t e r i s l i a b l e f o r a c t s o f s e r v a n t 6 . I n f r i n g e m e n t o f T r a d e m a r k o r T r a d e n a m e distinguished from Unfair Competitiona . U C i s b r o a d e r a n d m o r e i n c l u s i v e b . I n U C , t h e o f f e n d e d p a r t y h a s i d e n t i f i e d in the mind of the public the goods hemanufactures or deals in from those of o t h e r s ; w h i l e i n i n f r i n g e m e n t , t h e offended party has identified a peculiarsymbol/mark with his goods and therebyh a s a c q u i r e d a p r o p e r t y r i g h t i n s u c h symbol/markc . I n U C , t h e o f f e n d e r g i v e s h i s g o o d s t h e g e n e r a l a p p e a r a n c e o f t h e g o o d s o f another manufacturer / dealer and sellst h e s a m e ; w h i l e i n i n f r i n g e m e n t , t h e o f f e n d e r u s e s t h e t r a d e m a r k o r tradename of another manufacturer ordealer and sells his goods on which thetrademark is affixed7 . T h e u s e o f d u l y s t a m p e d o r m a r k e d containers is regulated 190 194 Repealed by Dangerous Drugs Act of 1972 195 199 Amended by PD 1602 Prescribing Stiffer Penalties in IllegalGambling 196Importation,sale andPossession of LotteryTickets orAds Acts Punished:1.By importing into the Philippines from any foreign place orport any lottery ticket or advertisement2.By selling or distributing the name in connivance with theimporter3.By possessing, knowingly and with intent to use, lotterytickets or advertisements4.By selling or distributing the same without connivance withthe importerA Mayor inmaximum to PCin minimum or afine ranging fromP200 to P2,000,or both importation orselling anddistributingA Menor or finenot exceedingP2,000 or both possessing 1. T h e p o s s e s s i o n o f a n y l o t t e r y t i c k e t o r advertisement is prima facie evidence of anintent to sell, distribute or use of the same2.If the defendant can establish that he did notknow of the existence of the lottery ticket,the presumption is destroyed3.It is not necessary that the lottery tickets begenuine, as it is enough that they be giventhe appearance of lottery tickets4 . I f t h e l o t t e r y t i c k e t s a r e c o u n t e r f e i t , t h e y c a n n o t g i v e r i s e t o t h e e v i l s o u g h t t o b e eradicated 197 Repealed by PD 483 Betting, Game-Fixing or Point-Shavingand Machinations in Sport Contests / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 0 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 198IllegalBetting onHorse Races Acts Punishable:1.By betting on horse races during the periods NOT allowedby lawA Menor or finenot exceedingP200, or both1 . T o t a l i z e r m a c h i n e f o r r e g i s t e r i n g a n d indicating the number and nature of betsmade on horse races2 . H o r s e R a c e s P r o h i b i t e d o n :

a. July 4 th of every year b. December 30 th of every yearc . A n y r e g i s t r a t i o n o r v o t i n g d a y s d . H o l y T h u r s d a y a n d G o o d F r i d a y 2 . T h e r a c e held on the same day and at thesame place is punishable as s e p a r a t e offenses3 . T h e r e i s n o l i a b i l i t y i f t h e r e i s n o b e t t i n g o r use of totalizer4.By maintaining or employing a totalizer or other device orscheme for betting on races or realizing profit therefrom,during the periods not allowed by lawA Mayor or a finefrom P200 toP2,000, or both 199IllegalCockfighting Amended by PD 449 Cockfighting Law of 1974 Persons Liable :1.Any person who directly or indirectly participates incockfighting, by betting money or other valuable things, orwho organizes cockfights at which bets are made, on aday other than those permitted by law2.Any person who directly or indirectly participates incockfights, by betting money or other valuable things, ororganizes such cockfights, at a place other than a licensedcockpitA Menor or a finenot exceedingP200 or both1.Permitting gambling of any kind in cockpit ispunished under the same Decree2.Spectators in a cockfight are not liable 200GraveScandal 1.That the offender performs an act(s)2.That such act(s) be highly scandalous as offending againstdecency or good customs3.That the highly scandalous conduct is not expressly fallingwithin any other article of this Code4.That the act or acts complained of be committed in apublic place or within the public knowledge or view Grave Scandal consists of acts which are offensive todecency and good customs which, having been committedpublicly, have given rise to public scandal to persons who haveaccidentally witnessed the sameA Mayor andPublic Censure1 . D e c e n c y p r o p r i e t y o f c o n d u c t ; p r o p e r observance of the requirements of modesty,good taste, etc.2 . C u s t o m s e s t a b l i s h e d u s a g e , s o c i a l conventions carried on by t r a d i t i o n a n d e n f o r c e d b y s o c i a l d i s a p p r o v a l o f a n y violation thereof 3 . I f t h e a c t ( s ) o f t h e o f f e n d e r a r e p u n i s h e d under another article of this code, Article200 is not applicable4.The acts must be performed in a public placeor within the public knowledge or view 201ImmoralDoctrines,ObscenePublicationsandExhibitions,and Indecent Publicity is essential Moral conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene something offensive to chastity, decency, delicacyThose Liable:1.Those who shall publicly expound or proclaim doctrinesPM or a fineranging fromP6,000 toP12,000 or both1.The author of obscene literature is liable onlywhen it is published with his knowledge2.In every case, the editor publishing is liable3 . T h e t e s t o f o b s c e n i t y i s w h e t h e r t h e tendency of the matter charged as obscenei s t o d e p r a v e o r c o r r u p t t h o s e m i n d s a r e open to such immoral influences, an d intowho shads such a publication may fall and / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Shows openly contrary to public morals2.Authors of obscene literature, published with theirknowledge in any form, the editors publishing suchliterature; and the owners/operators of the establishmentselling the same3.Thos who, in theaters, fairs, cinematographs, etc., exhibitindecent or immoral plays, scenes, acts, etc. it beingunderstood that the obscene literature or indecent orimmoral lays, etc. whether in live or in file, which areproscribed by virtue hereof 4.Those who shall sell, give away, or exhibit films, prints,engravings, sculptors, etc. which are offensive to moralsalso whether or not such publication or actshocks the ordinary and common sense of men as an indecency4.Mere nudity in

pictures or paintings is not anobscenity5. Give Away should be read as distribute 6 . P i c t u r e s w i t h s l i g h t d e g r e e o f o b s c e n i t y n o t u s e d f o r a r t s s a k e b u t f o r c o m m e r c i a l purposes, fall under this Article7.The object of the law is to protect the moralsof the public8 . D i s p o s i t i o n o f a r t i c l e s to be f o r f e i t e d i n favor of the government 202Vagrants andProstitutesVagrants: 1.Any person having no apparent means of subsistence, whohas physical ability to work and who neglects to applyhimself to some lawful calling2.Any person found loitering about public or semi-publicbuildings or places, or tramping or wandering about thecountry or the streets without visible means of support3.Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habituallyassociate with prostitutes4.Any person who, not being included in the provision of other articles of this Code, shall be found loitering in anyinhabited or uninhabited place belonging to anotherwithout any lawful or justifiable purpose Prostitute a woman who, for money or profit, habituallyindulge in sexual intercourse or lascivious conductA Menor or a finenot exceedingP200In case of recidivism, AMayor in mediumto PC inminimum or afine from P200 toP2,000 or both1.Only par. 1 and 2 requires absence of visiblemeans of support2 . M e n d i c a n c y a n d a b e t t i n g m e n d i c a n c y a r e punished3 . G i v i n g o f a l m s t h r u o r g a n i z e d a g e n c i e s operation under the rules and regulations of the Ministry of Public Information is not aviolation of the Mendicancy Law4.Dissolute lax, unrestrained, immoral5.Ruffians brutal, violent, lawless persons6.Pimp one who provides gratification for thelust of others7 . S e x u a l i n t e r c o u r s e i s n o t a b s o l u t e l y necessary 203Who arePublic 1.Taking part in the performance of public functions in theGovernment, or performing in said Government or in anyof its branches public duties as an employee, agent or1 . T h e t e r m p u b l i c o f f i c e r s e m b r a c e s every public servant from the highest to thelowest / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 207MaliciousDelay in theAdmin of Justice 1 . T h a t t h e o f f e n d e r i s a j u d g e 2.That there is a proceeding in his court3.That he delays the administration of justice4 . T h a t t h e d e l a y i s m a l i c i o u s PC in minimum 1.Mere delay without is not a felony under thisarticle2.Delay is Malicious the delay is cause by the judge with deliberate intent to inflict damageon either party in the case 208Dereliction of Duty inProsecutionof OffensesActs Punishable: 1.By maliciously refraining from institution prosecutionagainst violators of the law2.By maliciously tolerating the commission of offenses Elements :1.That the offender is a public officer or officer of the lawwho has a duty to cause the prosecution of, or toprosecute, offenses2.That there is dereliction of the duties of his office; that is,knowing the commission of the crime, he does not causethe prosecution of the criminal or knowing that a crime isabout to be committed, he tolerates its commissionPC in minimumperiod andsuspension1.Negligence under this article is not merelylack of foresight or skill, but neglect of dutiesof office by maliciously failing to move thep r o s e c u t i o n a n d p u n i s h m e n t o f t h e delinquent2 . M a l i c e i s a n i m p o r t a n t e l e m e n t 3. Officers of the Law includes all those of theprosecution who, by reasons of the positionheld by them, are duty-bound to cause thep r o s e c u t i o n ( i n c l u d e s C h i e f o f P o l i c e a n d barrio lieutenant)4. Maliciously signifies deliberate intent5 . C r i m e c o m m i t t e d b y t h e l a w - v i o l a t o r m u s t be proved first before the person chargedwith dereliction can be made liable6.RPC not applicable to revenue officers 209Betrayal of Trust by anAttorney orSolicitorActs Punished: 1.By causing damage to his client, either (a) by anymalicious breach of professional duty, (b) by inexcusablenegligence or ignorance2.By revealing any of the secrets of his client learned by himin his professional

capacity3.By undertaking the defense of the opposing party in thesame case, without the consent of his first client, afterhaving undertaken the defense of said first client or afterhaving received confidential information from said clientIn addition toproperadministrativeaction, PC inminimum or afine rangingP200 P1,0001 . U n d e r f i r s t a c t , t h e r e m u s t b e D A M A G E t o his client 2. Under 2 nd act, damage is NOT necessary 3. Under 3 rd act, if the client consents to theattorney s taking the defense of the otherparty, there is no crime 4. Procurador Judicial a person who had somepractical knowledge of law and procedure,b u t n o t a l a w y e r , a n d w a s p e r m i t t e d t o represent a party in a case before an inferiorcourt 210DirectBriberyActs Punishable in Direct Bribery: 1.By agreeing to perform, or by performing, in considerationof an offer romise ift or resent and act constitutin3.That such offer or promise be accepted, or gift or presenta.with a view to committing some crime; orb.in consideration of the execution of an act which doesnot constitute a crime, but the act must be unjustc.to refrain from doing something which it is his officialduty to do4.That the act which the offender agrees to perform orwhich he executes be connected with the performance of PM in mediumand maximumand fine of notless than valueof gift and notless than 3xvalue of gift, inaddition to thepenaltycorresponding tocrime agreed First Element: 3.Temporary performance of public functions iss u f f i c i e n t t o c o n s t i t u t e a p e r s o n a p u b l i c officer4.It is believed that it does not cover a privateindividual because the additional penalty of STD has no practical application Second Element:/ v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga his official duties Prevaricacion (Art. 208) Distinguished from Bribery: 1.Both are committed by refraining doing something whichpertains to the official duty of the officer2.In bribery, the offender refrained from doing his officialduty in consideration of a gift received or promised; whilein crime of prevaricacion this element is NOT necessaryupon and SpecialTemporaryDisqualification(STD) if thesame crimeshould havebeen committedand if the actdoes notconstitute acrime and officerexecuted the actPC in mediumand fine of notless than 2xvalue of gift andSTD if act shallnot have beenaccomplished 1. Gift may be received by public officer himself or thru a 3 rd person2 . B r i b e r y e x i s t s : a . w h e n t h e g i f t i s o f f e r e d v o l u n t a r i l y b y a private personb . w h e n t h e g i f t i s s o l i c i t e d b y a p u b l i c officer and the private person voluntarilydelivers it to the public officerc . w h e n t h e g i f t i s s o l i c i t e d b y a p u b l i c o f f i c e r , a s t h e c o n s i d e r a t i o n f o r h i s refraining from the performance of anofficial duty and the private person 3. A p r o m i s e o f g i f t t o a p u b l i c o f f i c e r w h o accepts such promise is sufficient under 1 st paragraph 4. In 2 nd paragraph, the gift must be ACCEPTED5 . I f t h e o f f e r i s n o t a c c e p t e d , o n l y t h e p e r s o n offering the gift is criminally liable6 . T h e g i f t m u s t h a v e a v a l u e o r b e c a p a b l e o f pecuniary estimation

Third Element: 1.The act which the public officer agrees top e r f o r m m u s t b e c o n n e c t e d w i t h t h e performance of official duties2.It is not bribery if the act is in discharge of amere moral duty3.The fact that the act agreed to be performedi s i n e x c e s s o f h i s p o w e r , j u r i s d i c t i o n , o r authority is no defense, EXCEPT: if act is sof o r e i g n t o d u t i e s o f o f f i c e a s t o l a c k e v e n color of authority4.In bribery, the gift or present must be givento the public officer to corrupt him 211IndirectBribery 1.That the offender is a public officer2 . T h a t h e a c c e p t s g i f t s 3.That the said gifts are offered to him by reason of hisoffice Direct Bribery Distinguished from Indirect Bribery: 1.In both, the public officer receives a gift2.In direct bribery, there is an agreement between thepublic officer and the giver; in indirect bribery, usually, noA Mayor,suspension inminimum andmedium andpublic censureNo attempted orfrustratedindirect bribery1 . T h e g i f t i s u s u a l l y g i v e n t o t h e p u b l i c o f f i c e r in anticipation of future favor from the publicofficer2 . T h e r e m u s t b e a c l e a r i n t e n t i o n o n t h e p a r t o f t h e p u b l i c o f f i c e r t o t a k e t h e g i f t s o offered and consider the same as his ownproperty3.Mere physical receipt unaccompanied by anyother sign, circumstance or act to show such / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga such agreement exists3.In direct bribery, the offender agrees to perform orperforms an act or refrains from doing something, becauseof the gift or promise; in indirect bribery, in is NOTnecessary that the officer should do any particular act oreven promise to do any act, as it is enough that heaccepts gifts offered to him by reason of his officea c c e p t a n c e i s N O T s u f f i c i e n t t o l e a d t h e court to conclude that the crime of indirectbribery has been committed4.People vs. Pamplona (pg. 361) consideredindirect bribery even if there was a sort of agreement between public officer and giver;reason: the act executed by the accusedwas NOT unjust, therefore it cannot be directbribery 211-AQualifiedBribery 1.That the offender is a public officer or entrusted with lawenforcement2.That the offender refrains from arresting or prosecuting anoffender who has committed a crime punishable by RPand/or death3.That the offender refrains from arresting or prosecutingthe offender in consideration of any promise, gift orpresentPenalty foroffense whichwas notprosecuted first paragraphPenalty of death if it is thepublic officerwho asks ordemands suchgift or present 212Corruption of PublicOfficials 1.That the offender offers or promises or gives gifts orpresents to a public officer2.That the offers or promises are made or the gifts orpresents given to a public officer, under circumstancesthat will make the public officer liable for direct bribery orindirect briberySame penaltiesimposed uponofficer corruptedexceptdisqualificationand suspension1.Offender in this article is the giver or offeror2 . T h e p u b l i c o f f i c e r s o u g h t t o b e b r i b e d , i s n o t criminally liable, unless he accepts the gift orconsents3 . B r i b e r y i s u s u a l l y p r o v e d b y e v i d e n c e acquired in entrapment 213FraudsAgainst thePublicTreasury andSimilarOffenses Acts Punishable as Frauds Against Public Treasury:1.By entering into any agreement with any interested partyor speculator or making use of any other scheme, todefraud the government, in dealing with any person withregard to furnishing supplies, the making of contracts, orthe adjustment or settlement of accounts relating toproperty or funds.2.By demanding, directly or indirectly, the payment of sumsdifferent form or larger than those authorized y law, in thecollection of taxes, licenses, fees, and other imposts.3.By failing voluntarily to issue a receipt, as provided bylaw, for any sum of money collected by him officially, inthe collection of taxes, licenses, fees, and other imposts4.By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a naturedifferent from that provided by law, in the collection of PC medium toPM minimum, ora fine rangingfrom P200 toP10,000, or bothProvisions of AdministrativeCode whenculprit is anofficer oremployee of BIRor BOC1.Public officer must act in his official capacity the public officer must have the duty tod e a l w i t h a n y p e r s o n w i t h r e g a r d t o furnishing supplies, etc.2.The crime of frauds against public treasury isconsummated by merely entering into ana g r e e m e n t w i t h a n y i n t e r e s t e d p a r t y o r speculator or by merely making use of anyother scheme to defraud the

government3 . I t i s n o t n e c e s s a r y t h a t t h e g o v e r n m e n t i s a c t u a l l y d e f r a u d e d b y r e a s o n o f t h e transaction.4 . I t i s s u f f i c i e n t t h a t t h e g o v e r n m e n t i s a c t u a l l y d e f r a u d e d b y r e a s o n o f t h e transaction.5 . M e r e d e m a n d f o r l a r g e r o r d i f f e r e n t a m o u n t / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 6 Criminal Law II Reviewer Vena V. Verga taxes, licenses, fees, and other imposts Elements of Frauds against Public Treasury: 1.That the offender be public offi cer2.That he should have taken advantage of his office, that is,he intervened in the transaction in his official capacity3.That he entered into an agreement with any interestedparty or speculator or made use of any other scheme withregard to furnishing supplies, the making of contracts, orthe adjustment or settlement of accounts relating to publicproperty or funds4.That the accused had intent to defraud the government Elements of Illegal Exaction: 1.The offender is a public officer entrusted with thecollection of taxes, licenses, fees and other imposts2.He is guilty of acts 2, 3 and 4 (above in Acts Punishable asFrauds Against Public Treasury)is sufficient to consummate the crime6.Collecting officer must issue official receiptsto be guilty of illegal exactions7 . W h e n t h e r e i s D E C E I T i n d e m a n d i n g g r e a t e r fees than those prescribed by law, the crimecommitted is estafa and not illegal exaction.8 . T a x c o l l e c t o r n e e d n o t a c c o u n t f o r t a x collected9.If a tax collector collected a sum larger thanthat authorized by law and spent all of themis guilty of 2 crimes;a.Illegal exaction, for demanding a greateramountb . M a l v e r s a t i o n , f o r m i s a p p r o p r i a t i n g t h e amount extracted1 0 . O f f i c e r o r e m p l o y e e o f B I R o r B O C n o t covered by this article 214Other FraudsElements of the Crime: 1.That the offender is a public offi cer2.That he takes advantage of his official position3.That he commits an y of the frauds or deceits enumeratedin Articles 315 to 318In addition to thepenaltiesprescribed in theprovisions of Chapter 6, Title10, Book 2 of this Code, thepenalty of TSD inmaximum to PSD1.The public officer must take advantage of hisofficial position2.Frauds and Deceits Enumerated in Chapter6, Title 10, Book 2 of this Code:a . E s t a f a b . O t h e r F o r m s o f S w i n d l i n g c . S w i n d l i n g a M i n o r d . O t h e r D e c e i t s 3.The RTC, and not the MTC, has jurisdictionwhen this article is involved, regardless of amount or penalty involved because the MTChas not jurisdiction to impose the penalty of disqualification 215ProhibitedTransactions 1.That the offender is an appointive public officer2.That he becomes interested, directly or indirectly, in an ytransaction of exchange or speculation3.That the transaction takes place within the territorysubject to his jurisdiction4.That he becomes interested in the transaction during hisincumbencyExample of Appointive Public Officer:- justices, judges or fiscals, employees engaged in thecollection and administration of public fundsPC minimum or afine ranging fromP200 to P1,000,or both1.The transaction must be one of exchan ge orspeculation2.It is sufficient that the appointive officer hasan interest in any transaction of exchange orspeculation3.Purchasing of stocks or shares in a compan yis simply an investment and is not a violationof the article4.Buying regularly securities for resale isspeculation5.Appointive officer should not devote himself to commerce / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 7 o f 7 5 Criminal Law II Reviewer Criminal Law II Reviewer Vena V. Verga 216Possession of ProhibitedInterest by aPublic OfficerPeople Liable for Possession of Prohibited Interest: 1.Public officer who, directly or indirectly, became interestedin any contract or business in which it was his official dutyto intervene.2.Experts, arbitrators, and private accountants who, in likemanner, took part in any contract or transactionconnected with the estate or property in the appraisal,distribution or adjudication of which they had acted3.Guardians and executors with respect to the propertybelonging to their wards or estateA Mayor mediumperiod to PCminimum period,or a fine rangingfrom P200 toP1,000, or both1 . A c t u a l f r a u d i s n o t n e c e s s a r y 2. Intervention must be by virtue of publicoffice held3.An officer who intervenes in contract ortransaction which has no connection with hisoffice CANNOT commit the crime defined inArticle 218 217Malversationof PublicFunds orProperty Presumptionof MalversationEmbezzlement also called malversation

Acts Punishable in Malversation: 1.By appropriating public funds or property includes every attempt to dispose of the same withoutright2.By taking or misappropriating the same the funds or property taken need not bemisappropriated for it to be consummated3.By consenting, or thru abandonment or negligence,permitting any other person to take such public funds orproperty negligence must be positive and clearly shown to beinexcusable, approximating malice or fraud4.By being otherwise guilty of the misappropriation ormalversation of such funds or property Elements Common to All Acts of Malversation: 1.That the offender be a public officer2.That he had the custod y or control of funds or property b yreason of the duties of his office3.That those funds or property were public funds or propertyfor which he was accountable4.That he appropriated, took, misappropriated or consentedor, thru abandonment or negligence, permitted anotherperson to take them To be guilty of Malversation, Public officer must have: 1.The official custod y of public funds or property or the dutyto collect or receive funds due the government, and2.The obligation to account for them to the governmentPC in mediumand maximum if amount doesnot exceed P200PM minimum andmedium if amount is morethan P200 by notexceedingP6,000PM maximum toRT minimum, if amount morethan P6,000 butless thanP12,000RT medium andmaximum, if amount morethan P12,000 butless thanP22,000RT maximum toRP if amountexceeds P22,0001.The offender in malversation under thisarticle must be a public officer defined inArticle 2032.Nature of the duties of the public officer, notname of office, is controlling3.Funds or property must be received inofficial capacity4.When a public officer had no authority toreceive the money for the government andupon receipt if the same he misappropriatedit, the crime committed is estafa5.A public officer having onl y a qualifiedcharge of government property withoutauthority to part with physical possession of it unless upon order from his immediatesuperior, cannot be held liable formalversation (Webster and Wickershamrulings)6.Webster and Wickersham cases notapplicable when the accused had authority toreceive money pertaining to the government7.A private person conspiring with anaccountable public officer in committingmalversation is also guilty of malversation8.Government funds include revenue fundsand trust funds9.Private property ma y be involved inmalversation10.The measure of negligence is the standard of care commensurate with the occasion11.In malversation not committed thrunegligence, lack of criminal intent or goodfaith is a defense / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 3 8 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer Vena V. Verga 12.Presumption from failure to have dulyforthcoming public funds or property upondemand: Prima Facie evidence that he hasput such to personal use13.Presumption may be rebutted14.The return of the funds is only mitigation,not exempting circumstance15.When a shortage is paid by the public officerfrom his pocket, he is not liable formalversation16.Borrowing money to replace funds malversation17.Borrowing money to replace funds whenmissing amount is found in someunaccustomed place, he is NOT liable18.Previous demand is not necessary inmalversation in spite of last paragraph of Article 21719.A person whose negligence made possiblethe commission of malversation by anothercan be held liable as principle byindispensable cooperation in complex crimeof malversation thru falsification of a publicdocument by reckless negligence20.Damage to the government is NOTnecessary 218Failure of AccountableOfficer toRenderAccounts 1.That the offender is a public offi cer, whether in the serviceor separated therefrom2.That he must be an accountable officer for public funds orproperty3.That he is required by law or regulation to render accountsto the COA, or to a provincial auditor4.That he fails to do so for a period of two months after suchaccounts should be renderedPC in minimum,or fine rangingfrom P200 toP6,000, or both1.Demand for accounting is not necessary2.Reason wh y Mere Failure to Render Accountis Punishable: performance of the duty3.Misappropriation is not necessary in order tobe liable under this article 219Failure toRenderAccountsbeforeLeaving theCountry 1.That the offender is a public offi cer2.That he must be an accountable officer for public funds orproperty3.That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from COA acertificate showing that his accounts have been finallysettledA Mayor or fineranging fromP200 to P1,000,or bothThe act of leaving the country must beunauthorized or not permitted by law / v v v e r g a S e c o n d

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Criminal Law II Reviewer VenaV. Verga 223Connivingwith orConsenting toEvasion 1.That the offender is a public officer2.That he had in his custody or charge, a prisoner, eitherdetention prisoner or prisoner by final judgment3.That such prisoner escaped from his custody4.That he was in connivance with the prisoner in the latter sescape Classes of Prisoners Involved: 1.Fugitive sentenced by final judgment to any penalty2.Fugitive held only as detention prisoner for any crime orviolation of law or municipal ordinancePC medium andmaximum andTSD maximum toPSD sentencedby final judgment to anypenaltyPC minimum andTSD fugitivenot finallyconvicted butonly held asdetentionprisoner1.Connivance with the prisoner in his escape isan indispensable element2.Detention Prisoner person in legal custody,arrested for, and charged with, some crimeor public offense3.Release of detention prisoner who could notbe delivered to the judicial authority withinthe time fixed by law, is not infidelity in thecustody of the prisoner4.Leniency or laxity is not infidelity (e.g.prisoner allowed to eat in restaurant nearmunicipal building)5.Relaxation of Imprisonment is consideredinfidelity 224EvasionThroughNegligence 1.That the offender is a public officer2.That he is charged with the conveyance or custody of aprisoner, either detention prisoner or prisoner by final judgment3.That such prisoner escapes thru his negligence Liability of Escaping Prisoner: 1.Convict by reason of final judgment Article 1572 . D e t e n t i o n P r i s o n e r n o l i a b i l i t y A Mayormaximum to PCminimum andTSD1.The prisoner is either a convict by a final judgment or detention prisoner2.What is punished invasion thru negligence issuch a definite laxity as all but amounts todeliberate non-performance of duty on thepart of the guard (e.g. falling asleep, lack of adequate precautions)3.The fact that public officer recaptured theprisoner does not afford completeexculpation 225Escape of Prisonerunder theCustody of aPerson not aPublic Officer 1.That the offender is a private person2.That the conveyance or custody of a prisoner or personunder arrest is confided to him3.That the prisoner or person under arrest escapes4.That the offender consents to the escape of the prisoner orperson under arrest, or that the escape takes place thruhis negligencePenalty nextlower in degreethan thatprescribed forthe public officerThis article does not apply if a private personwas the one who made the arrest and consentedto the escape of the person he arrested 226Removal,Conceal-mentorDestructionof Documents 1.That the offender be a public officer2.That he abstracts, destroys or conceals documents orpapers3.That the said documents or papers should have beenentrusted to such public officer by means of his office4.That damage, whether serious or not, to a third party orto the public interest should have been caused Acts Punishable in Infidelity in Custody of Documents: 1 . R e m o v i n g 2 . D e s t r o y i n g 3.Concealing, documents or papers officially entrusted in thePM and fine notexceedingP1,000 seriousdamagePC minimum andmedium and finenot exceedingP1,000 damage notserious3.Public officer must be officially entrustedwith the documents or papers4.The document must be COMPLETE and oneby which a right could be established or anobligation could be extinguished5.Books, periodicals, pamphlets, etc. are notdocuments6.Papers includes checks, promissory notes,and paper money7.Post office official who retained the mailwithout forwarding to their destination isguilty under this article. / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga

offending public officer Infidelity in Custody of Document distinguished fromMalversation and Falsification 1.Malversation and Falsification when postmaster receivedmoney orders, signed as payee, collected andappropriated the respective amounts2.Infidelity in Custody of Papers when postmaster receivesletters/envelopes containing money orders, and MO arenot sent to addressees, the postmaster cashing the samefor his own benefit Document written instrument by which something is provedor made of record8.Money bills received as exhibits in court arepapers9.The removal must be for an illicit purpose10.The removal is for an illicit purpose whenintention is toa . t a m p e r w i t h i t , o r b . t o p r o f i t b y i t ; o r c . t o c o m m i t a n a c t c o n s t i t u t i n g b r e a c h o f trust in official care thereof 11.Deemed consummated upon removal fromor secreting away from usual place in theoffice and after offender had gone out andlocked the door12.Infidelity in custody by destroying orconcealing it does not required proof of illicitpurpose13.There must be damage, great or small 227OfficerBreaking Seal 1.That the offender is a public officer2.That he is charged with the custody of papers or property3.That these papers or property are sealed by properauthority4.That he breaks the seals or permits them to be brokenPC minimum andmedium, TSDand fine notexceedingP2,0001.It is the breaking of the seals, not theopening of a closed envelope, which ispunished2.Damage or intent to cause damage is NOTnecessary 228Opening of ClosedDocuments 1 . T h a t o f f e n d e r i s a p u b l i c o f f i c e r 2.That any closed papers, documents, or objects areentrusted to his custody3.That he opens or permits to be opened said closed papers,documents or objects4.That he does not have proper authorityA Mayor, TSDand fine notexceedingP2,0001.Custody guarding; keeping safe; care2.Closed documents must be entrusted to thecustody of the accused by reason of hisoffice3.The act should not fall under Article 227(Breaking of Seal)4.Damage or intent to cause damage NOTelement 229Revelation of Secrets by anOfficerElements of No. 1: 1.That the offender is a public officer2.That he knows a secret by reason of his official capacity3.That he reveals such secret without authority or justifiablereasons4.That damage, great or small, be cause to the publicinterest Elements of No. 2: 1.That the offender is a public officer2 . T h a t h e h a s c h a r g e o f p a p e r s 3.That those papers should not be published 4. That he delivers those papers or copies thereof to a 3 rd PC medium andmaximum, PSD,and fine notexceedingP2,000 seriousdamagePC minimum,TSD, and finenot exceedingP500 not soserious1 . A c t s P u n i s h a b l e : a.By revealing any secrets known to theoffending public officer by reason of hisofficial capacityb.By delivering wrongfully papers or copiesof his papers which he may have chargeand which should NOT be published2.Secrets must affect public interests3.Espionage is not contemplated in this article4.This article only punishes minor officialbetrayals, infidelities of little consequence,affecting usually the administration of justice, executive or official duties, or the / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga person5 . T h a t t h e d e l i v e r y i s w r o n g f u l 6.That damage be caused to public interest Revelation Distinguished from Infidelity: 1.Papers contain Secrets revelation2.Papers do not contain Secrets - Infidelitygeneral interest of the public order5.Offender must have charge of papers orcopies of papers6.Damage is an element under Article 229 230Public OfficerRevealingSecrets of PrivateIndividual 1.That the offender is a public officer2.That he knows of the secrets of a private individual byreason of his office3.That he reveals such secrets without authority or justifiable reasonA Mayor and finenot exceedingP1,0001.Revelation to one person is sufficient, forpublic revelation is not required.2.When the offender

is an attorney at law or asolicitor, Article 209 is applicable and not2303.Damage to private individuals not necessary 231Open Disobe-dience 1.That the offender is a judicial or executive officer2.That there is a judgment, decision or order of a superiorauthority3.That such judgment, decision or order was made withinthe scope of the jurisdiction of the superior authority andissued with all legal formalities4.That the offender without any legal justification openlyrefuses to execute the said judgment, decision or order,which he is duty bound to obeyA Mayor mediumto PC minimum,TSD maximum,and fine notexceedingP1,000The act constitution the crime is the open refusalto execute judgment, decision or order 232Disobedienceto Order of SuperiorOfficer, WhenSaid OrderwasSuspendedby InferiorOfficer 1.That the offender is a public officer2.That an order is issued by his superior for execution3.That he has for any reason suspended the execution of such order4.That his superior disapproves the suspension of theexecution of the order5.That the offender disobeys his superior despite thedisapproval of the suspensionPC minimum andmedium and PSD1.Reason for Provision: superior officer maysometimes err, or orders may proceed froma mistaken judgment2.The article does not apply if the order of thesuperior is illegal / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 233Refusal of Assistance 1.That the offender is a public officer2.That a competent authority demands from the offenderthat he land his cooperation towards the administration of justice or other public service3.That the offender fails to do so maliciouslyA Mayor mediumto PC minimum,PSD and fine notexceedingP1,000 seriousdamageA Mayor mediumand maximum,fine notexceeding P500 not so seriousdamage1 . D e m a n d m u s t b e f r o m a c o m p e t e n t authority2.Damage to public interest is essential, greator small 234Refusal toDischargeElectiveOffice 1.That the offender is elected by popular election to publicoffice.2.That he refuses to be sworn in or to discharge the dutiesof said office3.That there is no legal motive for such refusal to be swornin or to discharge the duties of said officeA Mayor or finenot exceedingP1,000 or both1.Refusal must be without legal motive2.Reason for Provision: matter of duty todischarge duties of said office3.Article 234 NOT applicable to appointiveofficer 235Maltreat-ment of Prisoners 1.That the offender is a public officer or employee2.That he has under his charge a prisoner or detentionprisoner3.That he maltreats such prisoner in either of the followingmanners:a.by overdoing himself in the correction or handling of aprisoner or detention prisoner under his charge either i . b y t h e i m p o s i t i o n o f p u n i s h m e n t s n o t authorized by the regulations, ori i . b y i n f l i c t i n g s u c h p u n i s h m e n t s ( t h o s e authorized) in a cruel and humiliating mannerPC mediumperiod to PM inminimum, inaddition toliability forphysical injuriesor damagescaused underparagraph 11.The public officer must have actual charge of the prisoner to hold him liable fromaltreatment of prisoner2.Offended party must be a convict ordetention prisoner3.To be detention prisoner, the personarrested must be placed in jail even for ashort while4.The maltreatment must relate to thecorrection or handling of the prisoner, ormust be for the purpose of extorting aconfession or of obtaining some informationfrom the prisoner5.If physical injuries were due to a personalgrudge, it would not fall under this article6.Offender may also be liable for physicalinjuries or damage caused7.No complex crime of maltreatment withserious or less serious physical injuriesb.By maltreating such prisoner to extort a confession orto obtain some information from the prisonerPM in minimum,TSD and fine notexceedingP6,000, inaddition toliability forphysical injuriesor damagecaused / v v v e r g a S e c o n d

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Criminal Law II Reviewer VenaV. Verga 236Anticipationof Duties of Public Office 1.That the offender is entitled to hold a public office oremployment, either by election or appointment2.That the LAW requires that he should first be sworn inand/or should first give a bond3.He assumes performance of duties and powers of suchoffice4.That he has not taken his oath and/or given bond requiredSuspended untilcomplied withformalities andfine from P200-P500 237ProlongingPerformanceof Duties andPowers 1.That the offender is holding a public office2.That the period provided by law, regulations or specialprovisions for holding such office, has already expired3.That he continues to exercise the duties and powers of such officePC minimum,TSD minimum,and fine notexceeding P500Public officer who has been suspended,separated, declared overaged, or dismissedcannot continue to perform the duties of hisoffice 238Abandonment of Office orPosition 1.That the offender is a public officer2.That he formally resigns from his position3.That his resignation has not yet been accepted4.That he abandons his office to the detriment of the publicservice Qualifying Circumstance: preventing, prosecuting or punishing any of thecrimes falling within Title One, and Chapter One of Title 3of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order)A Mayor todetriment of public servicePC minimum andmedium, and AMayor if toevade duty of preventing,prosecuting orpunishing1 . T h e r e m u s t b e a w r i t t e n o r f o r m a l resignation2.Abandonment Distinguished from Negligencein Prosecution of Offenses (Article 208):a.Abandonment committed by any publicofficer; Article 208 committed bypublic officers who have the duty toinstitute prosecution for punishment of violation of the lawb.Abandonment public officer abandonsoffice to evade discharge of duties;Article 208 public officer does notabandon office 239Usurpation of LegislativePowers 1.That the offender is a executive or judicial officer2.That he makes general rules or regulations beyond thescope of his authority, or attempts to repeal a law, orsuspends the execution thereof PC minimum,TSD, and finenot exceedingP1,000 240Usurpation of ExecutiveFunctions 1 . T h a t t h e o f f e n d e r i s a j u d g e 2.That he assumes a power pertaining to the executiveauthorities, or obstructs the executive authorities in thelawful exercise of their powersA Mayor inmedium periodto PC inminimum periodLegislative officers are not liable for usurpationof powers only Article 177 (Usurpation of authority or official functions) 241Usurpation of JudicialFunctions 1.That the offender is an officer of the executive branch of the government2.That he assumes judicial powers, or obstructs theexecution of any order or decision rendered by any judgewithin his jurisdictionA Mayor mediumto PC minimumArticles 239-241 punish interference by officersof one of the 3 departments of government withfunction of officers of another department / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 5 o f 7 5 Criminal Law II Reviewer Criminal Law II Reviewer VenaV. Verga 242DisobeyingRequest forDisqualification 1.That the offender is a public officer2.That a proceeding is pending before such public officer3.That there is a question brought before the properauthority regarding his jurisdiction, which is not yetdecided4.That he has been lawfully required to refrain fromcontinuing the proceedingA Mayor and finenot exceedingP500 243Orders orRequests byExecutiveOfficer to anyJudicialAuthority 1.That the offender is an executive officer2.That he addressed any order or suggestion to any judicialauthority3.That the order or suggestion relates to any case orbusiness coming within the exclusive

jurisdiction of thecourts of justiceA Mayor, andfine noteexceeding P5001.Purpose of the provision is to maintain theindependence of the judiciary2.Legislative or judicial officers are not liableunder Article 243 244UnlawfulAppointments 1.That the offender is a public officer2.That he nominates or appoints a person to a public office3.That such person lacks the legal qualifications therefore4.That the offender knows that his nominee or appointeelacks the qualifications at the time he made thenomination or appointmentA Mayor and afine notexceedingP1,0001.The offense is committed by nominating orby appointing.2 . R e c o m m e n d i n g i s n o t a c r i m e 3.There must be law that provides for thequalifications or a person to be nominated orappointed to a public office 245AbusesAgainstChastity 1.That the offender is a public officer2.That he solicits or makes immoral or indecent advances toa woman3 . T h a t s u c h w o m a n m u s t b e : a.Interested in matters pending before the offender fordecision, or with respect to which he is required tosubmit a report to or consult with a superior officer; orb.Under the custody of the offender who is a warden orother public officer directly charged with the care andcustody of prisoners or persons under arrest; orc.The wife, daughter, sister or relative within the samedegree by affinity of the person in the custody of theoffenderPC medium andmaximum andTSD1.Solicit propose earnestly and persistentlysomething unchaste and immoral to awoman2.The advances must be immoral or indecent3.The crime is consummated by mere proposal4.Proof of solicitation is not necessary whenthere is sexual intercourse 246Parricide 1 . T h a t a p e r s o n i s k i l l e d 2.That the deceased is killed by the accused3.That the deceased is the father, mother, or child, whetherlegitimate or illegitimate, or a legitimate other ascendantor other descendent, or the legitimate spouse, of theaccused Note :1.Other ascendants or descendants must be legitimate2.Father, mother, or child may be legitimate or illegitimateR P t o D e a t h 1 . R e l a t i o n s h i p o f t h e o f f e n d e r w i t h t h e v i c t i m is the essential element of this crime2.Parents and children are not included in theterm ascendants or descendants 3.The child should not be less than 3 days old,otherwise the crime is infanticide4 . S p o u s e m u s t b e l e g i t i m a t e 5 . R e l a t i o n s h i p m u s t b e a l l e g e d 6.There is crime of parricide thru recklessimprudence / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 6 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 7 . T h e r e i s a l s o p a r r i c i d e b y m i s t a k e 8.A stranger who cooperates in parricide willnot be guilty of parricide by only homicide ormurder 247Death orPhysicalInjuriesInflictedUnderExceptionalCircum-stances 1.That a legally married person or a parent surprises hisspouse or his daughter, the latter under 18 years of ageand living with him, in the act of committing sexualintercourse with another person2. That he or she kills any or both, of them or inflicts uponany or both of them any serious physical injury in the actor immediately thereafter3.That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she had not consentedto the infidelity of the other spouse Surprise to come upon suddenly and unexpectedly Cases when Parricide is not punished with RP to Death: 1.Parricide committed through negligence (Article 365)2.When it is committed by mistake (Article 249)3.When it is committed under exceptional circumstances(Article 247)* Note:- Justification for this article: burst of passion* Note:This article doesnot define andpenalize apenaltyDestierro if accused killed orinflicted seriousphysical

injurieson spouse orother personExempt frompunishment if inflicted physicalinjuries of anykindDestierro isintended toprotect spousefrom reprisals byrelatives of deceased spouse 1. Required to be a legally married person2.The article does not seem to require that theparent be legitimate, it requires only thatshe is under 18 and that she is living withher parents3.The article does not seem to apply to amarried daughter4.Surprising the spouse or daughter in ACT of sexual intercourse in indispensable5.This article is not applicable when theaccused did not see his spouse in the act of sexual intercourse with another person6.It is enough however that the circumstancesshow reasonably that the carnal act is beingcommitted or has just been committed7.There is conflict of opinion on whether sexual intercourse includes preparatoryacts8.The killing or inflicting of injuries must be:(a) in the act of sexual intercourse, or (2)immediately thereafter9.The discovery, the escape, the pursuit andthe killing must all form part of onecontinuous act10.The killing must be the direct by-product of the accused s rage11.The killing of the spouse by accused must beby reason of having surprised her in the actof sexual intercourse with another person12.Article 247 applies only when spousesurprises other spouse in flagrant adultery13.No criminal liability if physical injuries areless serious or slight 14. Accused cannot be held liable for injuriessustained by 3 rd persons as a result thereof,since he was NOT committing a felony / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Corpus Delicti actual commission of the crime charged;means that the crime was actually perpetrated, and does notrefer to the body of the murdered personinflicted by 2 different persons, even if theywere not in conspiracy, each of them isguilty of homicide9. 250PenaltyFrustrated Parricide, Murder or Homicide - Penalty lowerby one degree than that which should be imposed underprovisions of Article 50 Attempted Parricide, Murder or Homicide Penalty lowerby one under provisions of Article 511.This article is permissive, not mandatory2.Court may impose penalty 2 degrees lowerfor frustrated parricide, murder or homicide3.Court may impose penalty 3 degrees lowerfor attempted parricide, murder or homicide4.An attempt against the life of the Chief Executive, etc. is punishable by death 251Death CausedinTumultuousAffray 1 . T h a t t h e r e b e s e v e r a l p e r s o n s 2.That they did not compose groups organized for thecommon purpose of assaulting and attacking each otherreciprocally3.That there several persons quarreled and assaulted oneanother in a confused and tumultuous manner4.That someone was killed in the course of the affray5.That it cannot be ascertained who actually killed thedeceased6.That the person or persons who inflicted serious physicalinjuries or who used violence can be identified Tumultuous Affray the disturbance is caused by more thanthree persons who are armed or are provided with means of violence Persons Liable for Death in Tumultuous Affray: 1.Person(s) who inflicted the serious physical injuries2.If it is not known who inflicted the serious physical injurieson the deceased, all the persons who used violence uponthe person of the victim are liable, but with lesser liabilityPM in case of death of victim,though it cannotbe ascertainedwho killed him, if person whoinflicted seriousphysical injuriescan be identifiedPC in mediumand maximum all those whoused violenceupon victim1.When there are two identified groups

of menwho assaulted each other, then there is notumultuous affray2.The person killed in the course of the affrayneed not be one of the participants in theaffray3.If the one who inflicted the fatal wound isknow, the crime is NOT homicide intumultuous affray but HOMICIDE underArticle 249 against the one who inflicted thefatal wound4.The serious physical injuries, if inflicted byone of the participants, should not be thecause of the death of the deceased 252PhysicalInjuriesCaused inTumultuousAffray 1.That there is a tumultuous affray as referred to in thepreceding article2.That a participant(s) thereof suffer serious physicalinjuries or physical injuries of a less serious nature only3.That the person responsible therefore cannot be identified4.That all those who appear to have used violence upon theperson of the offended party are known1 st paragraph Penalty nextlower in degreethan thatprovided for thephysical injuriesso inflicted2 nd Paragraph A Mayor from 5to 15 days1 . V i c t i m m u s t b e o n e o r s o m e o f t h e participants in the affray2.Only the one who used violence in liable 3. The 2 nd paragraph seems to refer to lessserious physical injuries4.It is believed that in providing the penalty of Arresto Mayor for physical injuries of a lessserious nature in a tumultuous affray, thelegislature intended to EXCLUDE slightphysical injuries / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 4 9 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 253GivingAssistance toSuicideActs Punishable as Giving Assistance to Suicide: 1.By assisting another to commit suicide, whether thesuicide is consummated or not2.By lending his assistance to another to commit suicide tothe extend of doing the killing himself PM any personwho shall assistanother tocommit suicideRT lendingassistance to theextent of doingthe killinghimself A Mayor mediumand maximum if suicide is notconsummated1.This article does not distinguish and does notmake any reference to the relation of theoffender with the person committing suicide2.A person who attempts to commit suicide isnot criminally liable3 . A p r e g n a n t w o m a n w h o t r i e d t o c o m m i t suicide by means of poison, but instead of dying, the fetus in her womb was expelled isNOT liable for abortion4.Assistance to suicide is different from mercy-killing 5. Euthanasia practice of painlessly puttingto death a person suffering from someincurable disease6.Euthanasia is not lending assistance tosuicide. In euthanasia, the person killeddoes not want to die.7.A doctor who resorts to mercy killing of hispatient may be liable for suicide 254Discharge of Firearms 1.That the offender discharges a firearm against or atanother person2.That the offender has no intention to kill that personPC minimum andmedium anyperson who shallshoot at anotherfirearm unlessfrustrated orattemptedparricide, murderor homicide, orany other crimefor which ahigher penalty isprescribed byarticles of thiscode1 . T h e r e m u s t b e n o i n t e n t i o n t o k i l l 2.The purpose of offender is only to intimidateor frighten the offended party3.If the firearm is NOT discharged at a person,there is no crime of discharge of firearm4.Discharge towards the house of victim is notillegal discharge of victim5.Firing a gun against the house of theoffended party at random, not knowing inwhat part of the house the people insidewere, is only crime of Alarm6.Complex crime of illegal discharge of firearmwith serious or less serious physical injuries when in illegal discharge of firearm, theoffended party is hit and wounded7.There is no complex crime when only slightphysical injuries (light felony) are inflicted8.A public officer who fires his revolver in theair in order to capture some gamblers and toprevent them from escaping is NOT guilty of this crime / v v v e r g a S e c o n d S e m e s t e r ,

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Criminal Law II Reviewer VenaV. Verga 255Infanticide 1 . T h a t a c h i l d w a s k i l l e d 2.That the deceased child was less than 3 days (72 hours) of age3.That the accused killed the said child Infanticide killing of any child less than three days of age,whether the killer is the parent or grandparent, any otherrelative of the child, or a strangerPenalty providedfor parricide (Art.246) and Murder(Art. 248)PM medium andmaximum if committed bythe mother of child forpurposes of concealingdishonorRT if crimecommitted forsame purpose bymaternalgrandparents oreither of them1.The penalty is for parricide or murder, butthe name of the crime is always infanticidea.Father or mother or legitimate ascendantwho kills child of less than 3 days old tosuffer penalty of parricideb.Other persons who kills a child less than3 days old to suffer the penalty formurder2.Concealing dishonor is not an element of infanticide; it merely mitigates the liability of mother or maternal grandparents3.Reason for mitigating circumstance:obfuscation for fear of dishonor4.Delinquent mother who claim concealingdishonor must be of good reputation5.No crime of infanticide is committed wherethe child was born dead, or although bornalive, it could not sustain an independent lifewhen it was killed6.A fetus about 6 months old cannot subsist byitself, outside the maternal womb 256IntentionalAbortionWays of Committing Intentional Abortion: 1.By using any violence upon the person of the pregnantwoman2.By acting, but without using violence, without the consentof the woman (by administering drugs or beverages uponsuch pregnant woman without her consent)3.By acting (by administering drugs or beverages), with theconsent of the pregnant woman Elements: 1 . T h a t t h e r e i s a p r e g n a n t w o m a n 2.That violence is exerted, or drugs or beveragesadministered, or that the accused otherwise acts uponsuch pregnant woman3.That as a result of the use of violence or drugs orbeverages upon her, or any other act of the accused, thefetus dies, either in the womb or after having beenexpelled therefrom4 . T h a t t h e a b o r t i o n i s i n t e n d e d RT if he shalluse any violenceupon the personof the pregnantwomanPM if, withoutusing violence,he shall actwithout theconsent of thewomanPC medium andmaximum if woman shallhave consented1.Persons Liable for Intentional Abortiona.Person who intentionally caused abortion under Article 256b.Woman, if she consented under Art.258c . W o m a n , i f s h e d i d n o t c o n s e n t N O T liable2.Abortion distinguished from Infanticidea.Infanticide if fetus can sustain anindependent life after its separation fromthe maternal womb, and is killedb . A b o r t i o n otherwise / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 257UnintentionalAbortion 1 . T h a t t h e r e i s a p r e g n a n t w o m a n 2.That violence is used upon such pregnant woman withoutintending an abortion3.That the violence is intentionally exerted4.That as a result of the violence, the fetus dies, either inthe womb or after having been expelled therefrom* Note:- Violence is actual physical forcePC minimum andmedium1.This crime is committed only by violence2.The violence must be intentionally exerted3.There is unintentional abortion thruimprudence4.There are conflicting decisions on whetherthe accused is liable for abortion even if hedid not know that the woman was pregnant5.There is a complex crime of homicide withunintentional abortion6.There is complex crime of parricide withabortion7.Article 257 does not apply when there is nointent to cause abortion and there is noviolence

258AbortionPracticed bythe WomanHerself or byher Parents 1.That there is a pregnant woman who has suffered anabortion2 . T h a t t h e a b o r t i o n i s i n t e n d e d 3 . T h a t t h e a b o r t i o n i s c a u s e d b y : a . t h e p r e g n a n t w o m a n h e r s e l f b.any other person, with her consentc.any of her parents, with her consent, for the purposeof concealing her dishonor Cases Covered by Article 258: 1.Abortion committed by woman upon herself or by anyother person with her consent2.Abortion by the woman upon herself to conceal herdishonor3.Abortion by any of the parents of the woman with thelatter s consent to conceal her dishonorPC medium andmaximum woman whopracticesabortion onherself; parentsof woman oreither of them toconceal dishonorPC minimum andmedium anywoman who doesit to concealdishonor1 . W o m a n i s l i a b l e : a.when she shall practice an abortion uponherself b.when she shall consent that any otherperson should do so2.Liability of pregnant woman is mitigated if purpose is to conceal dishonor3.No mitigation for parents of pregnant womaneven if the purpose is to conceal dishonor,unlike in infanticide 259AbortionPracticed bya Physicianor MidwifeandDispensing of AbortivesElements for Physician or Midwife 1.That there is a pregnant woman who has suffered anabortion2 . T h a t t h e a b o r t i o n i s i n t e n d e d 3.That the offender, who must be a physician or midwife,causes, or assists in causing, the abortion4.That said physician or midwife takes advantage of his orher scientific knowledge or skill Elements for Pharmacists: 1 . T h a t t h e o f f e n d e r i s a p h a r m a c i s t 2.That there is no proper prescription from a physician3.That the offender dispenses any abortivePenaltiesprovided for inArticle 256 inmaximum period who takesadvantage of scientificknowledge orskillA Mayor and afine notexceeding1.Penalty for intentional abortion is imposed inmaximum period on physician or midwife2.Reason for Maximum penalty: usedknowledge for destruction of human life,where it should only be used forpreservation3.It is not necessary that the pharmacistknows that the abortive would be used tocause an abortion4.What is punished is the act of dispensingabortive; it s not necessary that the abortivebe actually used / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga or (c) becomes incapacitated for the work in which wewere theretofore habitually engaged, in consequence of the physical injuries inflicted.3.When the person injured (a) becomes deformed, or (b)loses any other member of his body, or (c) loses the usethereof, or (d) becomes ill or incapacitated for theperformance of the work in which he was habituallyengaged for more than 90 days, in consequence of thephysical injuries inflicted.4.When the injured person becomes ill or incapacitated forlabor for more than 30 days (but must not be more than90 days), as a result of the physical injuries inflicted.Classes of Serious physical injuries: (a) consequences of theinjuries inflicted, (b) nature and character of the woundinflicted, and (c) the proper penalty Physical Injuries Distinguished from Attempted orFrustrated Homicide: a.In both, the offender inflicts physical injuries, howeverhomicide may be committed, even if no physicalinjuries are inflictedb.There is no intent to kill in physical injuries Ordinary Physical Injuries Distinguished fromMutilation: 1.Mutilation must have been caused purposely anddeliberately2.Physical Injuries this intention is not presentmedium underno. 3A Mayormaximum to PCminimum under no. 4 a. Paragraph 1 must be both eyes b. Paragraph 2 one eye only5 . L o s s o f P o w e r t o H e a r a. Paragraph 2 both ears b. Paragraph 3 one ear only6.Loss of hand or incapacity of usual workmust be permanent7.Paragraph 2 refers to principal members of the body, while Paragraph 3 covers anyother member which is not principal memberof body8.Deformity requires (a) physical ugliness, (b)permanent and definite abnormality, and (c)conspicuous and visible.9.Deformity by loss of teeth refers to injurywhich cannot be repaired by action of nature10.There is illness for a certain period of time,when the wound inflicted did not heal withinthat period11.Medical attendance is not important inserious

physical injuries12.In Par 2 and 3, offended party must have anavocation or work at the time of the injury13.Par 4 speaks of incapacity for any kind of labor14.Where the category of the offense of seriousphysical injuries depends on the period of illness or incapacity for labor, there must beevidence of the length of that period;otherwise the offense is only slight physicalinjuries15.Lessening of efficiency is not incapacity16.Serious physical injuries by excessivechastisement by parents is not qualified. / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 264Adminis-teringInjuriousSubstancesor Beverages 1.That the offender inflicted upon another any seriousphysical injury2.That it was done by knowingly administering to him anyinjurious substance or beverages or by taking advantageof his weakness of mine or credulity3 . T h a t h e h a d n o i n t e n t t o k i l l Penaltiesestablished bythe nextpreceding article1.Knowingly administering is an essentialelement2.Administering injurious substance meansintroducing into the body the substance3.This article does not apply when the physicalinjuries that result are less serious or slight4.Taking advantage of weakness or credulitymay take place in case of witchcraft,philters, magnetism, etc. 265Less SeriousPhysicalInjuriesQualified Less Serious Physical Injuries 1 . P a r a g r a p h 2 : a.there is manifest intent to insult or offend the injuredpersonb.there are circumstances adding ignominy to theoffense2 . P a r a g r a p h 3 : a.the offender s parents, ascendants, guardians,curators or teachersb.persons of rank or persons in authority, provided thecrime is not direct assaultFine notexceeding P500in addition to AMayor 2 nd paragraphPC in minimumand medium paragraph 31 . M a t t e r s t o N o t e : a.That the offended party is incapacitatedfor labor for 10 days or more (but notmore than 30), or needs medialattendance for same period of timeb.That the physical injuries must not bethose described in the preceding articles2.Medical attendance or incapacity is required3.It is only slight physical injury when there isno medical attendance or incapacity for labor4.Actual medical attendance is required 266SlightPhysicalInjuries andMaltreat-mentKinds of Slight Physical Injuries: 1.Physical injuries which incapacitated the offended party forlabor from 1 to 9 days, or required medical attendanceduring the same period2.Physical injuries which did not prevent the offended partyfrom engaging in his habitual work or which did notrequire medical attendance3.Ill-treatment of another by deed without causing anyinjuryA Menor par 1A Menor or finenot exceedingP200 par 2A Menorminimum or finenot exceedingP50 - par 31.When there is no evidence of actual injury, itis only slight physical injuries2.Example of paragraph 3 is slapping the faceof offended party 266-ARape266-BPenaltiesParagraph 1: 1 . O f f e n d e r i s a m a n 2.Offender had carnal knowledge of a woman3.Such act is accomplished under any of the ff circumstance:a . b y u s i n g f o r c e o r i n t i m i d a t i o n ; o r b.when the woman is deprived of reason or otherwiseunconscious; orc.by means of fraudulent machination or grave abuse of authority; ord.when the woman is under 12 years of age ordementedRape committedunder any of the4 Circumstances:a . P a r . 1 R P b . P a r . 2 P M Rape committedwith use of deadly weaponor by 2 or morepersons:a . P a r . 1 R P 1.Offender may now be a male or female.2.In rape under par. 1, there must be sexualintercourse3.Penetration, even partial, is necessary4.Only one of the four circumstances isnecessary5.Force need not be irresistible, but it shouldbe present and brings the desired results6.Force employed need not be of suchcharacter as could be resisted7.Intimidation includes the moral kind, such asthe fear caused by threatening / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Paragraph 2: 1.Offender commits an act of sexual assault2.That the act of sexual assault is committed by any of thea.by inserting his penis into another person s mouth oranal orifice; orb.by inserting any instrument or object into the genitalor anal orifice of another person3.That the sexual act is accomplished under thecircumstances mentioned in paragraph 1 Qualifying Circumstances: 1.When by reason or on occasion of the rape, a homicide iscommitted 2. When victim is under 18 and offender is parent,ascendant, stepparent, guardian, relative by consanguinityor affinity within 3 rd civil degree, or common-law spouse of the parent of victim3.When the victim is under the custody of the police ormilitary authorities or any law enforcement or penalinstitution 4. When the rape is committed in full view of the husband,parent, any of the children or other relatives within the 3 rd civil degree of consanguinity5.When the victim is a religious engaged in legitimatereligious vocation or calling and is personally known to besuch by the offender before or at the time of thecommission of the crime6.When the victim is a child below 7 years of age.7.When the offender knows that he is afflicted withHIV/AIDS or any other sexually transmissible disease andthe virus or disease is transmitted to the victim.8.When committed by any member of AFP or paramilitaryunits thereof or the PNP or any law enforcement agency orpenal institution, when the offender took advantage of hisposition to facilitate the commission of the crime9.When by reason or on the occasion of the rape, the victimhas suffered permanent physical mutilation or disability10.When the offender knew of the pregnancy of the offendedparty at the time of the commission of the crime11.When the offender knew of the mental disability,emotional disorder and/or physical handicap of theto deathb . P a r . 2 P M to RTRape wherevictim becomesinsane:a . P a r . 1 R P to deathb . P a r . 2 R T Attempted Rapeand Homicide:a . P a r . 1 R P to deathb . P a r . 2 R T to RPRape withHomicide:a . P a r . 1 deathb . P a r . 2 R P Rape withAggravatingCircumstances:a . P a r . 1 deathb . P a r . 2 - R T 8.When the offender has ascendancy orinfluence over victim, it is not necessary thatshe put up a determined resistance9.Rape may be proved by the uncorroboratedtestimony of the offended10.Deprivation of reason contemplated by lawneed not be complete11.Stages of Rape:a.Consummated enough that there waspenetration, even partial/slightb . F r u s t r a t e d n o n e c.Attempted i n t e n t o n t h e p a r t o f accused to have carnal knowledge of woman12.Resignation to consummated act is NOTconsent13.Character of offended woman immaterial inrape14.There is a crime of multiple rape by 2 ormore offenders15.Rape is punished by death when any of thequalifying circumstances are present16.Rape with homicide is a special complexcrime17.When homicide is committed NOT by reasonor on the occasion of the rape, such as whilethe woman was dying, the accused hadcarnal intercourse with her, it may beconsidered as ignominy.18.Indemnity in Rape P50,00019.Indemnity in Qualified Rape P75,00020.Indemnity in Rape with Homicide P50,000and P50,000 respectively (P100,000)21.Damages in Rapea.Moral Damages P50,000 without needof proof b . E x e m p l a r y D a m a g e s i f o n e o r m o r e aggravating circumstances wascommitted / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 6 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga offended party at the time of the commission of the crime 266-CEffect of Pardon 1.Subsequent valid marriage between the offender and theoffended party shall extinguish the criminal action or thepenalty imposed.2.In case it is the legal husband who is the offender, thesubsequent forgiveness by the wife as the offended partyshall extinguish the criminal action or the penalty1.Effect of marriage extinguishes not onlythe penal action, but likewise the penaltythat may be imposed2.Marriage extinguishes the penal action andthe penalty

only as to the principal and notto the accomplices and accessories3.The crime shall not be extinguished or thepenalty shall not be abated if the marriage isvoid ab initio 266-DPresumptions 1.Any physical overt act manifesting resistance against theact of rape in any degree from the offended party; or2.Where the offended party is so situated as to renderhim/her incapable of giving consent 267Kidnappingand SeriousIllegalDetention 1.That the offender is a private individual2.That he kidnaps or detains another, or in any othermanner deprives the latter of his liberty3.That the act of detention or kidnapping must be illegal4.That in the commission of the offense, any of the followingcircumstances are present:a.The kidnapping or detention lasts for more than 3days or;b.It is committed simulating public authority or;c.Any serious physical injuries are inflicted upon theperson kidnapped or detained or threats to kill him aremade; ord.The person kidnapped or detained is a minor (exceptwhen the accused is any of the parents), female or apublic officer. Special Complex Crime of Kidnapping with Murder effectively eliminated the distinction drawn by courts betweenthose cases where the killing was purposely sought by theaccused, and those where the killing of the victim was notdeliberately resorted to but was merely an afterthought Illegal Detention Distinguished from ArbitraryDetention; 1.Illegal Detention is committed by a private individual whounlawfully kidnaps, detains or otherwise deprives a personof liberty; Arbitrary Detention is committed by publicofficer or employee who detains a person without legalRP to Death any of the 4circumstancesDeath purposeof extortingransomMaximumpenalty if victim is killed ordies, or raped orsubject totorture ordehumanizingacts1.If the offender is a public officer, the crime isarbitrary detention2.When a victim is a minor and the accused isone of the parents A mayor or a fine notexceeding P300, or both3.Intention to deprive victim of his liberty forpurpose of extorting ransom is essential incrime4.Actual demand for ransom is not necessary5.The accused is not liable when there is lackof motive to resort to kidnapping6.Detention or locking up of victim is essential,but it is not necessary that it is an inclosureand restraint need not be permanent7.Detention must be illegal, i.e. when notordered by competent authority or notpermitted by law8.Deprivation of one s liberty is essentialelement9.Restraint by robbers is not illegal detention10.The purpose is immaterial when any of the 4circumstances in the first paragraph ispresent11.Where a person is taken from one place toanother solely for the purpose of killing him12.Ransom money, price or consideration paidor demanded for redemption of a capturedpersons, a payment that releases from / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 271Inducing aMinor toAbandon HisHome 1.That a minor is living in the home of his parents orguardian or person entrusted with his custody2.That the offender induces said minor to leave such homePC and a fine notexceeding P700 offender is anypersonA Mayor or a finenot exceedingP300, or both offender isparent1.The inducement must be actual, committedwith criminal intent, and determined by awill to cause damage2.The minor should not leave his home on hisown free will 272Slavery 1.That the offender purchases, sells, kidnaps or detains ahuman being.2.That the purpose of the offender is to enslave such humanbeingSlavery and Kidnapping or Illegal Detention Distinguished:a.Slavery purpose is to enslave victimb.Kidnapping or Illegal Detention any other purposePM and a fine notexceedingP10,000Maximum Period if purpose is toassign toimmoral traffic1.If the purpose of the offender is to assignthe offended party to some immoral traffic(prostitution), the penalty is higher.2.The employment or custody of a minor withthe consent of the parent or guardianalthough against the child s will cannot beconsidered to be involuntary servitude 273Exploitationof Child Labor 1.That the offender retains a minor in his service2.That it is against the will of the minor3.That it is under the pretext of reimbursing himself of adebt incurred by an ascendant, guardian or personentrusted with the custody of such minorPC minimum andmedium and afine notexceeding P5001.The service of the minor must be against

hiswill2.The existence of indebtedness constitutes nolegal justification for holding a person anddepriving him of his freedom to live wherehe wills 274ServicesRenderedUnderCompulsionin Payment 1.That the offender compels a debtor to work for him, eitheras household servant or farm laborer2 . T h a t i t i s a g a i n s t t h e d e b t o r s w i l l 3.That the purpose is to require or enforce the payment of adebtA Mayormaximum to PCminimum1.The article specifically provides that thedebtor is compelled to work as householdservant or farm laborer and not any otherwork2.This article, like Article 273, punishes a formof slavery, but Article 274 does notdistinguish whether the victim is a minor ornot3.Under this article it is the debtor who iscompelled to work for the offender, while inArticle 273 it is the minor 275Abandonment of Personsin DangerandAbandonment of One sOwn VictimActs Punishable: 1.Failing to render assistance to any person whom offenderfinds in an uninhabited place wounded or in danger of dying when he can render such assistance withoutdetriment to himself, unless such omission shall constitutea more serious offensea . T h e p l a c e i s u n i n h a b i t e d b. The accused found there a person wounded or indanger of dyingA M a y o r 1 . P a r a g r a p h 2 o f t h i s a r t i c l e a p p l i e s o n l y w h e n someone is accidentally injured by theaccused2.It is immaterial that the offender did notknow that the child is under 7 years old3.Paragraph 3 applies to one who found a lostchild4.The child under 7 years of age must befound by the accused in an unsafe place / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 5 9 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga c.The accused can render assistance without detrimentto himself d.The accused fails to render assistance2.Failing to help or render assistance to another whom theoffender has accidentally wounded or injured3.Failing to deliver a child, under 7 years of age whom theoffender has found abandoned, to the authorities or to hisfamily, or by failing to take him to a safe place 276Abando-ninga Minor 1.That the offender has the custody of a child2.That the child is under 7 years of age3 . T h a t h e a b a n d o n s s u c h c h i l d 4.That he has not intent to kill the child when the latter isabandoned Qualifying Circumstances: 1.When death of the minor resulted from suchabandonment, or2.if the life of the minor was in danger because of theabandonmentA Mayor and afine notexceeding P500PC medium andmaximum results in deathof minorPC minimum andmedium endanger life of minor1.When there is intent to kill this article doesnot apply2.Intent to kill cannot be presumed from thedeath of a childa.Crimes against Persons intent to kill ispresumedb.Crimes against Security intent to kill isnot presumed3.A permanent, conscious and deliberateabandonment is required by this article4.Parents guilty of abandoning their childrenshall be deprived of parental authority 277Abandon-ment of Minor byPersonEntrustedwith HisCustody;Indifferenceof ParentsActs Punished: 1.By delivering a minor to a public institution or otherpersons without the consent of the one who entrustedsuch minor to the care of the offender or, in the absenceof that one, without the consent of the proper authoritiesa.The offender has charge of the rearing/education of aminorb.He delivers minor to a public institution or otherpersonsc.The one who entrusted such child to the offender hasnot consented to such act; or if the one who entrustedsuch child to the offender is absent, the properauthorities have not consented to it2.By neglecting his (offender s) children by not giving themthe education which their station in life requires andfinancial condition permitsa . T h a t t h e o f f e n d e r i s a p a r e n t b.That he neglects his children by not giving themeducationc.That his station in life requires such education and hisfinancial condition permits itA Mayor and afine notexceeding P5001.Rear bring to maturity by educating,nourishing,2.Only the person charged with the rearing oreducation of the minor is liable3.Article 276 Distinguished from Article 277a.Article 276 the custody of the offenderis general; Article 277 the custody of the offender is specific (custody for therearing or education of minor)b.Article 276 minor is under 7; Article277 minor is under 21 [18]c . A r t i c l e 2 7 6 minor is a b a n d o n e d i n s u c h a way as to deprive him of the care andprotection that his tender years need;Article 277 minor is delivered to apublic institution or other person4.Failure to give education must be due todeliberate desire to evade such obligation / v v v e r g a S e c o n d

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Criminal Law II Reviewer VenaV. Verga f o r r e s t a n d c o m f o r t d w e l l i n g 13.If there is no overt act to commit anothercrime, the crime is only trespass to dwelling 281Other Formsof Trespass 1.That the offender enters the closed premises or the fencedestate of another2.That the entrance is made while either of them isuninhabited3.That the prohibition to enter be manifest4.That the trespasser has not secured the permission of theowner or the caretaker thereof A Menor or a finenot exceedingP200, or both1.Premises distinct and definite locality2.Art 281 Distinguished from Trespass toDwelling:a.Trespass offender is private person;Other Trespass any personb.Trespass offender enters a dwellinghouse; Other Trespass enters closedpremises or fenced in estatec . T r e s p a s s i n h a b i t e d ; O t h e r T r e s p a s s uninhabitedd.Trespass against the will of the owner;Other Trespass without securingpermission of owner or caretakere . T r e s p a s s prohibition i s express/implied; Other Trespass prohibition to enter is manifest 282GraveThreatsActs Punished: 1.By threatening another with the infliction upon hisperson , honor or property or that of his family of anywrong amounting to a crime and demanding money orimposing any other condition, even thought not unlawful,and the offender attained his purposea.That the offender threatens another person with theinfliction upon the latter s person, honor or property,or upon that of the latter s family, of any wrongb . T h a t s u c h w r o n g a m o u n t s t o a c r i m e c.That there is a demand for money or that any othercondition is imposed, even though not unlawfuld.That the offender attains his purpose2.By making such threat without the offender attaining hispurpose3.By threatening another with the infliction upon his person,honor or property or that of his family of any wrongamounting to a crime, the threat not being subject to aconditiona.That the offender threatens another person withthe infliction upon the latter s person, honor, orproperty, or upon the latter s family, of any wrongb . T h a t s u c h w r o n g a m o u n t s t o a c r i m e c.That the threat is not subject to a conditionPenalty nextlower in degreethan thatprescribed bylaw for the crimehe threatened tocommitPenalty lower by2 degrees if offender did notattain hispurposeMaximum Period if threat inwriting or thru amiddlemanA Mayor and afine notexceeding P500 if no condition1.Penalty will depend on whether or notoffender attained his purpose; if the threat isnot subject to a condition, the penalty isfixed2 . Q u a l i f y i n g C i r c u m s t a n c e s : a . T h r e a t m a d e i n w r i t i n g b . T h r e a t m a d e t h r u a m i d d l e m a n 3.Third form of grave threats must be seriousand deliberate4.If the threat is made in a heat of anger, it isnot punished under this article5.If the condition is not proved, it is gravethreats under sub-paragraph 26 . E s s e n c e o f t h e c r i m e o f t h r e a t s i s intimidation7.The act threatened to be committed must bewrong8.Grave threats may be committed even if thecomplainant is absent when challenge ismade9.Crime of grave threats is consummated assoon as the threats come to the knowledgeof the person threatened10.Threats made in connection with the / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga commission of other crimes are absorbed bythe latter.11.The offender in grave threats does notdemand the delivery on the spot of themoney or other personal property asked of him (crime of robbery) 283Light Threats

1.That the offender makes a threat to commit a crime2.That the wrong does not constitute a crime3.That there is a demand for money or that other conditionis imposed, even though not lawful4.That the offender has attained or not attained his purposeA M a y o r 1 . L i g h t t h r e a t s a r e c o m m i t t e d i n t h e s a m e manner as grave threats, except that the actthreatened to be committed should not be acrime2.Blackmailing may be punishable under thisarticle 284Bond forGoodBehaviorRequired to Give Bail not to Molest Another: 1.When he threatens another under the circumstancesmention in Article 2822.When he threatens another under the circumstancesmention in Article 283Destierro Compared with Article 35 1.Art. 35 is a distinct penalty which providesfor bond to keep the peace; this articleprovides for bond for good behavior2.Article 35 not made applicable to anyparticular case; this article applicable only tocases of grave and light threats3.Failure to give in Article 35 detained; thisarticle destierro 285Other LightThreats 1.By threatening another with a weapon, or by drawing suchweapon in a quarrel, unless it be in lawful selfdefensea.Threatening to draw a weapon, even if there is noquarrelb.Drawing a weapon in a quarrel, which is not in lawfulself-defense2.By orally threatening another, in the heat of anger, withsome harm constituting a crime, without persisting in theidea involved in his threat3.By orally threatening to do another any harm notconstituting a felonyA Menorminimum or afine notexceeding P2001.Article 285 compared with Article 282 and283 a. Article 285 Par. 2 is similar to 3 rd form of grave threats because the harmthreatened to be committed is a crimeb.Article 285 Par. 3 is similar to lightthreats, because harm threatened to becommitted is not a crimec . A r t i c l e 2 8 5 there is no demand f o r money or condition or threat is notdeliberate2.Threats, which ordinarily would be gravethreats, if made in heat of anger, may fallunder this article3.Light threats may be committed where theperson to whom it is directed is absent / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 286GraveCoercionsWays to Commit: 1.By preventing another, by means of violence, threats orintimidation, from doing something not prohibited by law2.By compelling another, by means of violence, threats orintimidation, to do something against his will, whether itbe right or wrong Elements: 1.That a person prevented another from doing somethingnot prohibited by law, or that he compelled him to dosomething against his will, be it right or wrong2.That the prevention or compulsion be effected by violence,threats or intimidation3.That the person that restrained the will and liberty of another had not the authority of law or the right to do so,or, in other words, that the restraint shall not be madeunder authority of law or in the exercise of lawful right Coercion Distinguished from Illegal Detention: illegal detention requires actual confinement orrestraint of the personPC and a fine notexceedingP6,000Penalty nexthigher in degree violation of right of suffrage;or committed tocompel anotherto perform anyreligious act; orcommitted toprevent anotherfrom performingany religious act1.What is prevented must not be prohibited bylaw2.The act of preventing by force must be madeat the time the offended party was doing orabout to do the act to be prevented3.If the act was already done when violence isexerted, the crime is unjust vexation.4.Compelling another to do something includesthe offender s act of doing it himself whilesubjecting another to his will5 . W h e n t h e c o m p l a i n a n t i s i n a c t u a l possession of a thing, even if he has notright to that possession, compelling him bymeans of violence to give up possession,even by owner, is grave coercion6.Not intimidation by display of force, if armsare not used7.The force or violence must be immediate,actual or imminent8.There is no grave coercion when the accusedacts in good faith in performance of duty9.Purpose of Law enforce the principle thatno person may take the law into his ownhands10.Coercion is consummated even if theoffended party did not accede to the purposeof the coercion 287LightCoercions

1.That the offender must be a creditor2.That he seizes anything belonging to his debtor3.That the seizure of the thing be accomplished by means of violence or a display of material force producingintimidation4.That the purpose of the offender is to apply the same tothe payment of the debtA Mayor inminimum andfine equivalent tovalue of thing,but in no caseless than P75A Menor or a fineP5-P200, or both any othercoercion orunjust vexation1.Actual physical violence need not beemployed2.Unjust vexation includes any humanconduct which, although not productive orsome physical or material harm would,however, unjustly annoy or vex an innocentperson3.There is no violence or intimidation in unjustvexation4.Difference between grave and light coercion:use of violence5 . W h e n t h e a c t o f t h e a c c u s e d h a s n o connection with previous acts of violence, itis only unjust vexation / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 288Other SimilarCoercions 1.By forcing or compelling, directly or indirectly, orknowingly permitting the forcing or compelling of thelaborer or employee of the offender to purchasemerchandise or commodities of any kinda.That the offender is any person, agent or officer of anyassociation or corporationb.That he or such firm or corporation has employedlaborers or employeesc.That he forces or compels, directly or indirectly, orknowingly permits to be forced or compelled, any of his or its laborers or employees to purchasemerchandise or commodities of any kind from him orfrom said firm or corporation2.By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laboreror employeea.That the offender pays the wages due a laborer oremployee employed by him by means of tokens orobjectsb.That those tokens or objects are other than the legaltender currency of the Philippinesc.That such employee or laborer does not expresslyrequest that he be paid by means of tokens or objectsA Mayor or a fineranging fromP200 - P500, orboth1.Laborers or employees have the right toreceive just wages in legal tender2.Inducing an employee to give up any part of his wages by force, stealth, intimidation,threat or by any other means is unlawfulunder the Labor Code, not under the RPC 289Formation,Maintnance,andProhibition of Combina-tionof Capital orLabor 1.That the offender employs violence or threats, in such adegree as to compel or force the laborers or employers inthe free and legal exercise of their industry or work2.That the purpose is to organize, maintain or preventcoalitions of capital or labor, strike of laborers or lockoutof employersA Mayor and afine notexceeding P3001.The act should not be a more seriousoffense, otherwise it shall be punished underanother article2.Peaceful picketing is part of freedom of speech and is not prohibited3.Employing violence or making threats bypicketers may make them liable for coercion4.Preventing employee from joining anyregistered labor organization is punishedunder the LC and not under the RPC 290 Discovery of Secrets ThruSeizure of Correspondence 1.That the offender is a private individual or even a publicofficer not in the exercise of his official functions2.That he seizes the papers or letters of another3.That the purpose is to discover the secrets of such anotherperson4.That offender is informed of the contents of the papers orletters seized Exception : Article 290 not applicable to parents, guardians,PC in minimumand medium anda fine noteexceeding P500if offenderreveals secretsA Mayor and afine not1.Seize to place in the control of someone athing or to give him the possession thereof 2.There must be a taking possession of papersor letters of another, even for a short timeonly3.The purpose of the offender must be todiscover the secrets of another4.The offender must be informed of contentsof papers or letters / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 5 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga or persons entrusted with the custody of minors with respectto papers or letters of the children or minors placed undertheir care or custody, or to spouses with respect to the papersor letters of either of themexceeding P500if offender shallnot reveal suchsecrets5.This article does not require that theoffended party be prejudiced6.Qualifying Circumstance: revealing thesecret7.Distinguished from Public Officer RevealingSecrets of Private Individual (Article 230):a . A r t i c l e 2 3 0 p u b l i c o f f i c e r c o m e s t o know secrets by reason of his officeb . A r t i c l e 2 9 0 private i n d i v i d u a l w h o seizes papers of another to discoversecrets of latter 291RevealingSecrets withAbuse of Office 1.That offender is a manager, employee or servant2.That he learns of the secrets of his principal or master insuch capacity3 . T h a t h e r e v e a l s s u c h s e c r e t s A Mayor and finenot exceedingP5001.Secrets must be learned by reason of theiremployment2.The secrets must be revealed by theoffender3.If the offender does not reveal the secrets,the crime is not committed4.Damage is not necessary under this article 292Revelation of IndustrialSecrets 1.That offender is a person in charge, employee or workmanof a manufacturing or industrial establishment2.That the manufacturing or industrial establishment has asecret of the industry which the offender has learned3.The offender reveals such secrets4.That prejudice is caused to the ownerPC minimum andmedium and afine notexceeding P5001.Secrets must relate to manufacturingprocesses2.The act constituting the crime is revealingthe secret of the industry or employer3.Revelation may be made after employee hasceased to be connected with theestablishment4.Prejudice is an essential element of theoffense 293Who areGuilty of RobberyClassification :1.Robbery with violence against, or intimidation of persons(RVAIP)2.Robbery with the use of force upon things (RFUT)a.Robbery in Inhabited House or Public Building orEdifice devoted to Public Worshipb.Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 1.That there be personal property belonging to another2.That there is unlawful taking of that property3.That the taking must be with intent to gain4.That there is violence against or intimidation of anyperson, or force upon anything Those Guilty of Robbery Any person who, with intent to1.The property taken must be personalproperty and not real property.2.Prohibitive articles may be subject matter of robbery3.The property must belong to another4.Ownership is not necessary; the possessionof property is sufficient5.Naming of the owner is a matter of essentialdescription of the crime of robbery withhomicide and not in RVAIP or RFUT6.The personal property is taken against will of owner7 . T a k i n g m u s t b e u n l a w f u l 8 . U n l a w f u l T a k i n g i s c o m p l e t e : a . R V A I P from moment o f f e n d e r g a i n s possession of the thing / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 6 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga gain, shall take any personal property belonging to another,by means of violence against or intimidation of any person, orusing force upon anything, shall be guilty of robbery Distinctions Between Effects of Employment of VAIAPand those of use FUT: 1.Whenever violence against or intimidation of any person isused, the taking is always robbery; If there is no violenceor intimidation, but only FUT, taking is robbery if force isused to either enter building or to break doors, etc.2.In RVAIP, value of personal property is immaterial;penalty depends on:a . r e s u l t o f v i o l e n c e usedb.existence of intimidation only3.In RFUT, the penalty is based on:a.Value of property t a k e n b.On whether or not the offenders carry armsIn RFUT in an uninhabited building, the penalty is basedon the value of the property takenb . R F U T t h i n g m u s t b e t a k e n o u t o f building9.Taking means depriving offended party of ownership of thing taken with character of permanency10.Intent to gain is presumed from unlawfultaking of personal property11. Intent to gain and personal propertybelonging to another must concur12.Violence must be against person of offendedparty and not upon thing taken13.Intimidation need not be threat of bodilyharm14. General Rule

: Violence or intimidationmust be present before taking personalproperty is complete Exception : When violence results in (1)homicide, (2) rape, (3) intentionalmutilation, or (4) any of the serious physicalinjuries penalized in par. 1 and 2 of Art. 263,taking of personal property is complexedwith any of those crimes under Art. 294,even if taking was already complete whenviolence was used by the offender15.Taking of property need not be immediatelyafter the intimidation16.R.A. 6539 is the law applicable whenproperty taken in robbery is a motor vehicle 294Robbery withViolenceAgainst orIntimidationof PersonsActs Punished: 1.When by reason or on occasion of robbery, crime of homicide is committed2.When robbery is accompanied by rape or intentionalmutilation or arson3.When by reason or on occasion of such robbery, any of the physical injuring resulting in insanity, imbecility,impotency or blindness is inflicted4.When by reason or on occasion of such robber, any of thephysical injuries resulting in loss of use of speech or thepower to hear or to smell, or the loss of an eye, a hand, afoot, an arm, or a leg or the loss of the use of any suchmember or incapacity for the work in which the injuredperson is theretofore habitually engaged is inflicted5.If the violence or intimidation employed in the commissionRP to death paragraph 1 (no.1 and 2)RT medium to RP paragraph 2(no. 3)RT paragraph 3(no. 4)PM maximum toRT medium paragraph 4 (no.5 and 6) Robbery with Homicide 1.Crime defined in this article is a specialcomplex crime2. On the occasion or by reason means thatit must be committed in the course of orbecause of the robbery3.Robbery and homicide are separate offenses,when the homicide was not committed onoccasion or by reason of robbery4.Homicide should be understood in generalsense5.Juridical concept of robbery with homicidedoes not limit taking of life to 1 single victimor to ordinary homicide all homicides ormurders are merged in the composite, / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 7 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 1.Both, there is violence used by offender2.In robber, there is intent to gain; in grave coercion, thereis not such element Robbery and Bribery Distinguished: 1.Robbery if victim did not commit a crime and isintimidated with arrest and/or prosecution to deprive himof his personal property; Bribery when victim hascommitted a crime and give money or gift to avoid arrestor prosecution2.In robbery, victim is deprived of money/property by forceor intimidation; in bribery, he parts with money/propertyin a sense voluntarilyobject taken2.Reason: Asportation is a complex fact, awhole divisible into parts, a series of acts, incourse of which personalviolence/intimidation may be injected3.In robbery with intimidation, there must beacts done by the accused which, either bytheir own nature or by reason of thecircumstances under which they areexecuted, inspire fear in person againstwhom they are directed 295Robbery withPhysicalInjuries,committedUninhabitedPlace and bya band, oruse of FirearmQualifying Circumstances in RVAIP: 1 . i n a n u n i n h a b i t e d p l a c e , o r 2 . b y a b a n d , o r 3.by attacking a moving train, street car, motor vehicle orairship, or4.by entering passengers compartments in a train, or in anymanner taking the passengers thereof by surprise in therespective conveyances5.on a street, road, highway, or alley, and the intimidation ismade with the use of firearmsMaximum periodof properpenalties1.Any of the qualifying circumstances must bealleged2.Being qualifying, it cannot be offset by ageneric mitigating circumstance3.The intimidation with use of firearm qualifiesonly robbery on a street, road, etc.4.Article 295 does not apply to robbery withhomicide, or rape, or serious physicalinjuries under par. 1 or Art. 263 296Definition of a Band andPenaltyIncurredOutline: 1.When at least 4 armed malefactors take part incommission of a robbery, it is deemed to be committed bya band2.When any of the arms used in the commission of robber isnot licensed, the penalty upon ALL the malefactors shallbe the maximum period of corresponding penalty providedby law, without prejudice to criminal liability for illegalpossession of such unlicensed firearms3.Any member of a band who was present at thecommission of a robbery by the band, shall be punished asprincipal of any of the assaults committed by the band,unless it be shown that he attempted to prevent the same

Requisites for Liability for Acts of the Other Members of the Band: 1 . T h a t h e w a s a m e m b e r o f t h e b a n d 2.That he was present at commission of a robbery by thatband3.That the other members of the band committed an assaultMaximum periodof correspondingpenalty providedby law, withoutprejudice tocriminal liabilityfor illegalpossession of such unlicensedfirearms1.To avoid liability, there must be proof thathe made an endeavor to prevent the assaultcommitted by another member of the band,in order that he may not be held liable forsuch assault2 . C l u b s a r e c o n s i d e r e d a s a r m s 3.When the robbery was not committed by aband, the robber who did not take part inthe assault by another is not liable for thatassault4 . W h e n r o b b e r y w a s n o t b y a b a n d a n d homicide was not determined by the accusedwhen they plotted the crime, the one whodid not participate in the killing is liable forrobbery only5 . W h e n t h e r e i s c o n s p i r a c y t o c o m m i t homicide and robbery, all the conspirators,even if less than 4 armed men, are liable forspecial complex crime of robbery withhomicide / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 6 9 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 4.That he did not attempt to prevent the assault 6.Member must be present at the commissionof the robbery to be held liable7.Proof of conspiracy not necessary when 4 ormore armed persons committed robbery8.Use of firearm, whether licensed orunlicensed, in making the intimidation is aqualifying circumstance in any of theparagraphs 3, 4 and 5 of Art. 294 iscommitted on a street, etc. 297AttemptedandFrustratedRobberyCommittedUnder CertainCircumstances RT maximum toRP, unlesshomicidecommitted shalldeserve a higherpenalty underthe RPC1. Homicide is used in its generic sense2.Penalty is the same, whether attempted orfrustrated3.Not attempted or frustrated if there is notovert act of robbery4.Robbery with Homicide and attempted orfrustrated robbery with Homicide are specialcomplex crimes5.Article 48 is applicable when offensecommitted is attempted or frustratedrobbery with serious physical injuries 337QualifiedSeduction 1.Offended party is a virgin, which is presumed if she isunmarried and of good reputation2.that she must be over 12 and under 18 years of age3.that the offender has sexual intercourse with her4.That there is abuse of authority, confidence or relationshipon the part of the offender1.People vs. Balbar (direct assault and act of lasciviousness in a classroom where offendedparty conduct her classes) the presence orabsence of lewd designs is inferred from thenature of the acts themselves and theenvironmental circumstances. Consideringthe manner, place and time under which theacts were done, lewd designs can be hardlyattributed to Balbar.2.US vs. SUAN there is no seduction whenthe offended party had other illicitrelationships with other men. SEDUCTIONlies on the chaste character or the woman. 338SimpleSeduction 1.That the offended party is over 12 and under 18 years of age2.That she must be of good reputation, single or widow3.That the offender has sexual intercourse with her4.That it is committed by means of deceitA M a y o r 1 . I f t h e g i r l i s u n d e r 1 2 , t h e c r i m e i s r a p e ; i f she is over 18, and there is no force orintimidation or she is not unconscious orotherwise deprived of reason, there is nocrime, even if deceit was used2.Virginity of the offended party is notrequired3.There must be sexual intercourse, otherwise, / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 0 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga the crime is acts of lasciviousness4.A man is liable though willing to marry girlseduced by him5.Promise of marriage by a married man orafter sexual intercourse is not seduction6.There is no continuing offense of seduction7 . P u r p o s e : t o p u n i s h t h e s e d u c e r 8. 339Acts of Lasciviousness withConsent of OffendedParty 1.That the offender commits acts of lasciviousness orlewdness2.That the acts are committed upon a woman who is a virginor single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendantregardless of her reputation or age3.That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceitA M a y o r 1 . M a l e c a n n o t b e o f f e n d e d p a r t y i n t h i s c r i m e 2.It is necessary that crime is committedunder circumstances which would make itqualified or simple seduction had there beensexual intercourse, instead of acts of lewdness only3.Distinguished from Acts of Lasciviousness(336)a . B o t h t r e a t o f a c t s o f l a s c i v i o u s n e s s b . A r t . 3 3 6 a c t s a r e c o m m i t t e d u n d e r circumstances which, had there beencarnal knowledge, would amount to rapec . A r t . 339 a c t s o f l a s c i v i o u s n e s s a r e committed under the circumstanceswhich, had there been carnal knowledge,would amount to either qualifiedseduction or simple seduction 340Corruption of Minors 1 . O f f e n d e r i s p e r s o n u n d e r a g e 2.Person promotes or facilitates prostitution or corruption of person under age3.Purpose is to satisfy lust of anotherPM to satisfylust of anotherIn addition, TAD public officeror employee1.Habituality or abuse of authority orconfidence is not necessary2.One who casts for his own lust is not liablehere3.Single act without abuse of authority orconfidence is now a crime4.Not necessary that

unchaste acts have beendone5.Victim must be of good reputation, not aprostitute, or corrupted person6.A mere proposal will consummate offense / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 1 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 341White SlaveTradeActs Penalized: 1.Engaging in business of prostitution2 . P r o f i t i n g b y p r o s t i t u t i o n 3.Enlisting services of women for the purpose of prostitutionPC medium andmaximum1.One of the mentioned acts is sufficient toconstitute the offense2.Habituality is not a necessary element3.Person engaged in the business of prostitution need not be owner of the house4.Maintainer or manager of house of ill-reputeneed not be present therein at time of raidor arrest to be liable 342ForcibleAbduction 1.That the person abducted is any woman, regardless of herage, civil status, or reputation2.That the abduction is against her will3.That the abduction is with lewd designsR T 1 . W o m a n a b d u c t e d m a y b e m a r r i e d 2.Virginity is not an essential element of thiscrime3.Crimes against Chastity where age andreputation are immaterial: rape, acts of lasciviousness agains the will or without theconsent of offended party, qualifiedseduction of sister or descendant, andforcible abduction4.When female is under 12, it is not necessarythat she be taken against her will5.Sexual intercourse is not necessary6.Lewd designs may be shown by the conductof the accused7.when there are several defendants, it isenough that one has lewd designs8.Husband is not liable for abduction of wife9.Nature of Crime: violative of individualliberty of abducted, her honor and reputationand public order10.Distinguished from Grave Coercion:a . I n b o t h t h e r e i s v i o l e n c e o r intimidation by offenderb . G r a v e C o e r c i o n n o e l e m e n t o f l e w d design11. Distinguished from 343ConsentedAbduction 1 . T h a t t h e o f f e n d e r m u s t b e a v i r g i n 2.That she must be over 12 and under 18 years of age3.That the taking away of the offended praty must withoherconsent after solicitation or cajolery from the offender4.That the taking away of the offended party must be withlewd designsPurpose of Law: prescribe punishment for the disgrace to herfamily and the alarm caused thereinPC minimum andmedium1.If offender is under 12, it is forcibleabduction.2.The taking away of the girl need not be withsome character of permanency3.Abductor need not actually and personallyhave taken the abducted female from herparents home, or induced her to abandon it;it is sufficient that he was instrumental inher escape / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 2 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga Virginity is not to be understood in a material a sense as toexclude the idea of abduction of a virtuous woman of goodreputation4.When there was no solicitation of cajoleryand no deceit and the girl voluntarily wentwith man, there is no crime committed evenif they had sexual intercourse5.Actual sexual intercourse is not necessary,since the important element is merely lewddesigns 344Prosecutionof Crimes of Adultery,Concubinage,Abduction,Rape, andActs of Lasciviousness 1.Adultery and concubinage must be prosecuted uponcomplaint signed by the offended party2.Seduction, abduction or acts of lasciviousness must beprosecuted upon complaint signed by:a . O f f e n d e d p a r t y , b . H e r p a r e n t s , c . G r a n d p a r e n t s , o r d .Guardians in the order in which they are named aboveUnderlying Principle why Crimes against Chastity Cannot beProsecuted de oficio

: out of consideration for the offendedwoman and her family who might prefer to suffer the outragein silence rather than go thru with the scandal of a public trialGuardian legal, not natural guardian, that is, guardianlegally appointed in accordance with the provision of the law Pardon in Crimes of Chastity: only offended party may pardon Pardon of offended party who is a minor must haveconcurrence of parents (except: when she has noparents) Condonation is not pardon in concubinage or adultery;any act of infidelity subsequent to condonationconstitutes a new offense1.Adultery or Concubinage bars prosecution of crime effective if made:a.Before the institution of the criminal action, andb.Both offenders must be pardoned by both parties2.Acts of Lasciviousness, Seduction and Abduction barsprosecution of crimea . m u s t b e E X P R E S S b.Before the institution of criminal action 2. The court motu proprio can dismiss the casefor failure of the aggrieved party to file theproper complaint 3. Rape may be prosecuted de oficio 4. Imputation of crime of prostitution against awoman can be prosecuted de oficio .5 . A d u l t e r y o r C o n c u b i n a g e a . O n l y o f f e n d e d s p o u s e c a n f i l e t h e complaintb . B o t h p a r t i e s , i f b o t h a l i v e , m u s t b e included in complaintc . B o t h p a r t i e s m u s t b e i n c l u d e d e v e n i f one of them is not guilty6 . S e d u c t i o n , A b d u c t i o n o r A c t s o f Lasciviousnessa . T h e r i g h t t o f i l e a c t i o n g r a n t e d t o parents, grandparents or guardian shallbe exclusive of all other persons andshall be exercise successivelyb.It is exclusive, because if the parent, forexample, refuse to file, the grandparentscannot file the complaintc . W h e n o f f e n d e d p a r t y i s a m i n o r , h e r parents may file complaintd . W h e n o f f e n d e d p a r t y i s o f a g e , a n d s h e is complete possession of her mental andphysical faculties, she alone can file thecomplainte.The father, if living, is not necessarilypreferred to the mother in filing thecomplaint7.Complaint must be filed in court, not withthe fiscal8.Rape complexed with another crime (a publiccrime) need not be signed by offendedwoman / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 3 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 9.Actual Marriage with offended partya.Extinguishes criminal action or remitsthe penalty already imposedb.Benefits the co-principals, accomplicesand accessories10.Marriage between parties guilty of adulteryor concubinage does not extinguish thecriminal action 345Civil Liabilityof PersonsGuilty of CrimesAgainstChastity Seduction or Abduction:1 . T o i n d e m n i f y t h e o f f e n d e d w o m a n 2.To acknowledge offspring, unless the law should preventhim form doing so3.In every case, to support the offspringAdultery or Concubinage Indemnify damages caused to offended spouse1.Under the RPC, there is no civil liability foracts of lasciviousness2.Reasons for Indemnity in Adultery orConcubinage: acknowledgment of offspringis not legally possible, support is notincluded, because the person who give birth,if at all, is one of the offenders and not theoffended party3.Moral damages are recoverable by bothoffended party and her parents4.Under the Family Code, since children areclassified as legitimate or illegitimate, theman (adultery or concubinage) should nowbe sentenced to support offspring, inaddition to indemnity 346Liability of Ascendants,Guardians,Teachers orOtherPersonsEntrustedwith CustodyPersons Liable -

cooperate as accomplices but are punished asprincipals:1 . A s c e n d a n t s 2 . G u a r d i a n 3 . C u r a t o r s 4 . T e a c h e r s , a n d 5.Any other person, who cooperates as accomplice withabuse of authority or confidential relationshipPenaltiesprescribed inChapters 2, 3, 4Teachers TSDmaximum to PSDOther Person Specialdisqualificationfrom filling officeof guardianCrimes Embraces in Chapters 2, 3 and 4:1 . A c t s o f L a s c i v i o u s n e s s 2 . Q u a l i f i e d S e d u c t i o n 3 . S i m p l e S e d u c t i o n 4.Acts of lasciviousness with the consentof the offended party5 . C o r r u p t i o n o f m i n o r s 6 . W h i t e s l a v e t r a d e 7 . F o r c i b l e A b d u c t i o n 8.Consented Abduction 365ImprudenceandNeligence 1. Offended party must choose the civil liability / v v v e r g a S e c o n d S e m e s t e r , A Y 2 0 0 4 2 0 0 5 P a g e 7 4 o f 7 5 Criminal Law II Reviewer

Criminal Law II Reviewer VenaV. Verga 248Murder 1 . T h a t a p e r s o n w a s k i l l e d 2 . T h a t t h e a c c u s e d k i l l e d h i m 3.That the killing was attended by any of the qualifyingcircumstances mentioned in Article 2484.The killing is not parricide or infanticide Murder unlawful killing of any person which is NOT parricideor infanticide, provided the following circumstances arepresent:1.With treachery, taking advantage of superior strength,with the aid of armed men, or employing means toweaken the defense, or of means or persons to insure orafford impunity2.In consideration of a price, reward or promise3.By means of inundation, fire, poison, explosion, shipwreck,stranding of vessel, derailment or assault upon a railroad,fall of an airship, by means of motor vehicles, or with theuse of any other means involving great waste and ruin4.On occasion of

any of the calamities enumerated in thepreceding paragraph, or of an earthquake, eruption of avolcano, destructive cyclone, great waste and ruin5 . W i t h e v i d e n t p r e m e d i t a t i o n 6.With cruelty, by deliberately and inhumanly augmentingthe suffering of the victim, or outraging or scoffing at hisperson or corpse*Note: read discussion in Article 13 on AggravatingCircumstancesR P t o D e a t h 1 . T h e o f f e n d e r m u s t h a v e i n t e n t t o k i l l t o b e liable for murder committed by means of fire, or other means enumerated in par. 3 of Article 2482.Killing a person with treachery is murdereven if there is no intent to kill3.Rules for application of the circumstanceswhich qualify the killing to murder:a.Murder will exist with only one of thecircumstances described in Article 248b . W h e n t h e o t h e r c i r c u m s t a n c e s a r e absorbed or included in one qualifyingcircumstance, they cannot be consideredas generic aggravatingc . A n y o f t h e q u a l i f y i n g c i r c u m s t a n c e s enumerated in Article 248 must beALLEGED in the information4.Treachery and premeditation are inherent inmurder by poison5.When the intention of accused was merely tosexually excite a woman, and not to kill her,the crime is homicide6.Outraging

commit an extremely vicious ordeeply insulting act7.S

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TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security 1. Treason (Art. 114); 2. Conspiracy and proposal to commit treason (Art. 115); 3. Misprision of treason (Art. 116); and 4. Espionage (Art. 117). Crimes against the law of nations 1. Inciting to war or giving motives for reprisals (Art. 118); 2. Violation of neutrality (Art. 119); 3. Corresponding with hostile country (Art. 120); 4. Flight to enemy's country (Art. 121); and 5. Piracy in general and mutiny on the

high seas (Art. 122).

The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. However, prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be given extra- territorial application under Article 2 (5) thereof. In the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general. Almost all of these are crimes committed in times of war, except the following, which can be committed in times of peace: (1) Espionage, under Article 114 This is also covered by Commonwealth Act No. 616 which punishes conspiracy to commit espionage. This may be committed both in times of war and in times of peace. (2) Inciting to War or Giving Motives for Reprisals, under Article 118 This can be committed even if the Philippines is not a participant. Exposing the Filipinos or their properties because the offender performed an unauthorized act, like those who recruit Filipinos to participate in the gulf war. If they involve themselves to the war, this crime is committed. Relevant in the cases of Flor Contemplacion or Abner Afuang, the police officer who stepped on a Singaporean flag. (3) Violation of Neutrality, under Article 119 The Philippines is not a party to a war but there is a war going on. This may be committed in the light of the Middle East war. Article 114. Treason

Elements 1. Offender is a Filipino or resident alien; 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, giving them aid or comfort

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within the Philippines or elsewhere Requirements of levying war 1. Actual assembling of men; 2. To execute a treasonable design by force; 3. Intent is to deliver the country in whole or in part to the enemy; and 4. Collaboration with foreign enemy or some foreign sovereign Two ways of proving treason 1. Testimony of at least two witnesses to the same overt act; or 2. Confession of accused in open court. Article 115. Conspiracy and Proposal to Commit Treason Elements of conspiracy to commit treason 1. There is a war in which the Philippines is involved; 2. At least two persons come to an agreement to a. levy war against the government; or b. adhere to the enemies, giving them aid or comfort; 3. They decide to commit it. Elements of proposal to commit treason 1. There is a war in which the Philippines is involved; 2. At least one person decides to a. levy war against the

government; or b. adhere to the enemies, giving them aid or comfort; 3. He proposes its execution to some other persons. Article 116. Misprision of Treason Elements 1. Offender owes allegiance to the government, and not a foreigner; 2. He has knowledge of conspiracy to commit treason against the government; 3.He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides.
While in treason, even aliens can commit said crime because of the amendment to the article, no such amendment was made in misprision of treason. Misprision of treason is a crime that may be committed only by citizens of the Philippines. The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. What is required is to report it as soon as possible. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. Because if the treason already erupted into an overt act, the implication is that the government is already aware of it. There is no need to report the same. This is a felony by omission

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although committed with dolo, not with culpa. The persons mentioned in Article 116 are not limited to mayor, fiscal or governor. Any person in authority having equivalent jurisdiction, like a provincial commander, will already negate criminal liability.

Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are required to report the same. The reason is that although blood is thicker than water so to speak, when it comes to security of the state, blood relationship is always subservient to national security. Article 20 does not apply here because the persons found liable for this crime are not considered accessories; they are treated as principals. In the 1994 bar examination, a problem was given with respect to misprision of treason. The text of the provision simply refers to a conspiracy to overthrow the government. The examiner failed to note that this crime can only be committed in times of war. The conspiracy adverted to must be treasonous in character. In the problem given, it was rebellion. A conspiracy to overthrow the government is a crime of rebellion because there is no war. Under the Revised Penal Code, there is no crime of misprision of rebellion. Article 117. Espionage

Acts punished 1. By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photograph or other data of a confidential nature relative to the defense of the Philippines; Elements 1. Offender enters any of the places mentioned; 2. He has no authority therefore; 3. His purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office he holds. Elements 1. Offender is a public officer; 2. He has in his possession the articles, data or information referred to in paragraph 1 of Article 117, by reason of the public office he holds; 3.

He discloses their contents to a representative of a foreign nation.

Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against National Security

Acts punished 1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

2. Unlawful disclosing of information affecting national defense; 3. Disloyal acts or words in times of peace

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4. Disloyal acts or words in times of war; 5. Conspiracy to violate preceding sections; and 6. Harboring or concealing violators of law. Article 118. Inciting to War or Giving Motives for Reprisals Elements 1. Offender performs unlawful or unauthorized acts; 2. The acts provoke or give occasion for a. a war involving or liable to involve the Philippines; or b.

exposure of Filipino citizens to reprisals on their persons or property.

Article 119. Violation of Neutrality

Elements 1.There is a war in which the Philippines is not involved; 2. There is a regulation issued by a competent authority to enforce neutrality; 3. Offender violates the regulation.
When we say national security, it should be interpreted as including rebellion, sedition and subversion. The Revised Penal Code does not treat rebellion, sedition and subversion as crimes against national security, but more of crimes against public order because during the time that the Penal Code was enacted, rebellion was carried out only with bolos and spears; hence, national security was not really threatened. Now, the threat of rebellion or internal wars is serious as a national threat. Article 120. Correspondence with Hostile Country

Elements 1. It is in time of war in which the Philippines is involved; 2. Offender makes correspondence with an enemy country or territory occupied by enemy troops; 3. The correspondence is either a. prohibited by the government; b. carried on in ciphers or conventional signs; or c. containing notice or information which might be useful to the enemy.
Article 121. Flight to Enemy's Country

Elements

1. There is a war in which the Philippines is involved; 2. Offender must be owing allegiance to the government; 3. Offender attempts to flee or go to enemy country; 4. Going to the enemy country is prohibited by competent authority.
In crimes against the law of nations, the offenders can be prosecuted anywhere in the world because these crimes are considered as against humanity in general,
REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW like piracy and mutiny. Crimes against national security can be tried only in the Philippines, as there is a need to bring the offender here before he can be made to suffer the consequences of the law. The acts against national security may be committed abroad and still be punishable under our law, but it can not be tried under foreign law. Article 122. Piracy in general and Mutiny on the High Seas or in Philippine Waters Acts punished as piracy 1. Attacking or seizing a vessel on the high seas or in Philippine waters; 2. Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Elements of piracy 1. The vessel is on the high seas or Philippine waters; 2. Offenders are neither members of its complement nor passengers of the vessel; 3.Offenders either a.

attack or seize a vessel on the high seas or in Philippine waters; or b. seize in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers; 4. There is intent to gain. Originally, the crimes of piracy and mutiny can only be committed in the high seas, that is, outside Philippine territorial waters. But in August 1974, Presidential Decree No. 532 (The Anti-Piracy and Anti-Highway Robbery Law of 1974) was issued, punishing piracy, but not mutiny, in Philippine territorial waters. Thus came about two kinds of piracy: (1) that which is punished under the Revised Penal Code if committed in the high seas; and (2) that which is punished under Presidential Decree No. 532 if committed in Philippine territorial waters. Amending Article 122, Republic Act No. 7659 included therein piracy in Philippine waters, thus, pro tanto superseding Presidential Decree No. 532. As amended, the article now punishes piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters, and the penalty has been increased to reclusion perpetua from reclusion temporal. But while under Presidential Decree No. 532, piracy in Philippine waters could be committed by any person, including a passenger or member of the complement of a vessel, under the amended article, piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel irrespective of venue. So if a passenger or complement of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy. Note, however, that in Section 4 of Presidential Decree No. 532, the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. Said section penalizes any person who knowingly and in any manner aids or protects pirates, such as giving them information about the movement of the police or other peace officers of the government, or acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; or who directly or indirectly abets the commission of piracy. Also, it is expressly provided in the same section tha

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the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. This provision of Presidential Decree No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. Neither may it be considered repealed by Republic Act No. 7659 since there is nothing in the amendatory law is inconsistent with said section. Apparently, there is still the crime of abetting piracy in Philippine waters under Presidential Decree No. 532. Considering that the essence of piracy is one of robbery, any taking in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy. It cannot co-exist with the crime of robbery. Robbery, therefore, cannot be committed on board a vessel. But if the taking is without violence or intimidation on persons of force upon things, the crime of piracy cannot be committed, but only theft. Questions & Answers

Could theft be committed on board a vessel?Yes. The essence of piracy is one of robbery. Elements of mutiny 1. The vessel is on the high seas or Philippine waters; 2. Offenders are either members of its complement, or passengers of the vessel; 3.Offenders either a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers.
Mutiny is the unlawful resistance to a superior officer, or the raising of commotions and disturbances aboard a ship against the authority of its commander. Distinction between mutiny and piracy (1) As to offenders Mutiny is committed by members of the complement or the passengers of the vessel. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. (2) As to criminal intent In mutiny, there is no criminal intent.

In piracy, the criminal intent is for gain. Article 123. Qualified Piracy

Elements 1. The vessel is on the high seas or Philippine waters: 2.Offenders may or may not be members of its complement, or passengers of the vessel; 3.Offenders either a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment., or personal belongings of the crew or passengers;

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4. The preceding were committed under any of the following circumstances: a.

whenever they have seized a vessel by boarding or firing upon the same; b. whenever the pirates have abandoned their victims without means of saving themselves; or c. whenever the crime is accompanied by murder, homicide, physical injuries or rape.
If any of the circumstances in Article123 is present, piracy is qualified. Take note of the specific crimes involve in number 4 c (murder, homicide, physical injuries or rape). 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.

Although in Article 123 merely refers to qualified piracy, there is also the crime of qualified mutiny. Mutiny is qualified under the following circumstances: (1) When the offenders abandoned the victims without means of saving themselves; or (2) When the mutiny is accompanied by rape, murder, homicide, or physical injuries. Note that the first circumstance which qualifies piracy does not apply to mutiny. Republic Act No. 6235 (The Anti HiJacking Law) Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy. Four situations governed by anti hi-jacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the aircraft; (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory; (3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and (4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.

Between numbers 1 and 2, the point of distinction is whether the aircraft is of Philippine registry or foreign registry. The common bar question on this law usually involves number 1. The important thing is that before the anti hi-jacking law can apply, the aircraft must be in flight. If not in flight, whatever crimes committed shall be governed by the Revised Penal Code. The law makes a distinction between aircraft of a foreign registry and of Philippine registry. If the aircraft subject of the hi-jack is of