Crim 2 FINALS REVIEWER

BOOK TWO CRIMES AND PENALTIES Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One CRIMES AGAINST NATIONAL SECURITY

Section One. Treason and espionage

Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945). NOTES: REYES Elements o Offender is a Filipino citizen or an alien residing in the Philippines o There is a war in which the Philippines is involved o Offender either ! Levies war against the government ! Adheres to the enemies, giving them air or comfort Treason breach of allegiance to a government, committed by person who owes allegiance to it Allegiance obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive Aid or comfort act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy No treason through negligence Treason is a continuous offense Treason must be committed in the Philippines 2 ways of proving treason o testimony of 2 witnesses, at least, the same overt act o confession of the accused in open court 2 witness rule is severely restrictive

Art. 115. Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.

Notes: Reyes Conspiracy when in time of war, 2 or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. General Rule on Conspiracy / Proposal not punishable in Art. 8 of RPC unless stated in the RPC. This is the exception to the general rule 2 witness rule does not apply NOTES: PIMENTEL Rebellion / Coup detat: local, political attempt to change the government and/or system of government Treason: worst crime (most heinous) against the state because it is an act of disloyalty (moving / shifting allegiance from the motherland to foreign power) Alien residing n the Philippines: owes temporary allegiance to the Philippines: requisites o Must apply to the Bureau of Immigration and Deportation to become a permanent resident in the Philippines o If qualified, BID will give the Alien Certificate of Residency (ACR) which allows him to reside in the Philippines o All other foreigners, if they do not have an ACR do NOT owe temporary allegiance. Is the crime of treason limited in the Philippine Territory? No. aid or comfort within the Philippines and elsewhere Hypothetical situations: o Chinese citizen with permanent residence in the Philippines (with ACR). Buys arms from Korea in Hong Kong; gives the arms to Malaysia for its war against the Philippines is he triable? Yes. Because he owes temporary allegiance to the Philippines whether or not the weapons were bought in the Philippines or abroad. o Chinese with permanent residence in the Philippines, aids and comforts China, China wages war with the Philippines is he triable? No. he owes permanent allegiance to China. By helping China, he relinquishes his temporary allegiance to the Philippines and there is no need for a formal withdrawal for such. Evidence to convict one for treason: the law provides that 2 witnesses point to just ONE overt act. NIOT 2 witnesses pointing to 2 different overt acts, NOR a series of acts. Confession of guilt in open court: When is it done: at any stage of the proceeding (spontaneous and unconditional). NOTE: This is for guilt, not a mitigating. circumstance Is treason a crime with stages consummated, frustrated, attempted? Technically speaking by Art. 6, No. But it has 2 stages: (1) proposal to commit treason (conspiracy) and (2) treason. But these stages by themselves are separate crimes Can conspiracy and proposal to commit treason be committed else where? Art 115, unlike Art 114, does not indicate Philippines and elsewhere thus using statutory construction that penal statutes would be strictly construed against the state, conspiracy and proposal to commit treason cannot happen outside the Philippines.

RAMOS, V. 2004

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1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or 2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. Notes: Reyes Espionage: offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to advantage of any foreign nation 2 ways of committing o #1 ! offender enters any of the places mentioned therein ! has no authority therefore ! his purpose is to obtain information, plans, photographs or other data of confidential nature, relative to the defense of the Philippines NOTE: intent is necessary o #2 ! offender is a public officer ! has in his possession the articles, data or information referred to in No. 1 of Art. 117 by reason of the public office he holds ! he discloses their content to a representative of foreign nation NOTE: penalty is a higher degree NOTES: PIMENTEL Is it a crime that may be committed by a person in the Philippines? Is there a camp wherein one needs government authority to enter? No. Elements of the FIRST TYPE of Espionage o Enters the said places o Has not authority to enter o Purpose is to obtain the confidential documents relative to the defense of the Philippines This is not viable in the Philippines since no authority is needed to enter forts, establishments, etc. Elements of the SECOND TYPE of Espionage o Offender is a public officer/employee o Possession by reason of public office held o Discloses information to a representative of a foreign national Possession of such confidential documents NOT search & obtained such documents Section Two. Provoking war and disloyalty in case of war

Art. 116. Misprision of treason. Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason. Notes: Reyes Elements o Offender must be owing allegiance to the government and not a foreigner o Has knowledge of any conspiracy (to commit treason) against the government o He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor of fiscal of the city in which he resides Art. 116 does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority The offender of this article is punished as an accessory to treason However is principal in misprision of treason Art. 20 states that the general rule is that silence does not incur criminal liability. This is the exception NOTES: PIMENTEL Misprision is a formal crime: automatically consummated Who is the offender of this crime: o One who owes allegiance to the government but commits a crime of omission o Offender must have personal knowledge of conspiracy to commit treason ! Personal knowledge: Witness Heard it o His obligation with his personal knowledge ! Tell fiscal/governor of province where he resides ! Tell fiscal/mayor of city where he resides ! NOTE: where he resides NOT where he obtains the information. PURPOSE: to protect the person because the government is not sure who is or isnt part of the conspiracy. Can it be committed elsewhere in the Philippines? No. the law requires that one reports it to his place of residence, NOT government. Furthermore, the law alludes to it as a local concern by mentioning governor, fiscal of province/city and mayor IRONY: if crime was committed in Hong Kong/Singapore, you are suppose to go back to the Philippines to report it. Unlike treason, misprision does not specify WON it may be committed abroad; hence when not specified, its local application alone.

Art. 117. Espionage. The penalty of prision correccional shall be inflicted upon any person who:

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Who has the power to declare war? Art. 120. Correspondence with hostile country. Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. By prision correccional, if the correspondence has been prohibited by the Government; 2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and 3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death. Notes: Reyes Elements o Time of war in which the Philippines is involved o Offender makes correspondence with an enemy country or territory occupied by enemy troops o Correspondence is either ! Prohibited by the government ! Carried on in ciphers or conventional sign ! Containing notice or information which might be useful to the enemy Qualifying circumstances o Information might be useful to the enemy o Intended to aid the enemy NOTES: PIMENTEL Correspondence is NOT limited to just letters. The law is clear that the correspondence is with o any person having responsibility in the enemys government is violative of Art 120; o representatives/officers of the enemy country; o correspondence with someone who is not a representative is NOT violative of Art 120 of the RPC Example: A works for the Philippine National Defense. A writes B, his GF, a letter giving information on Philippine Defense. B resides in an enemy country. A is NOT liable UNLESS B is a representative of the enemy country Art. 121. Flight to enemy country. The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority. Notes: Reyes There is a war in which the Philippines is involved Offender must be owing allegiance to the government Offender attempts to flee or go to enemy country Going to enemy country is prohibited by competent authority NOTES: PIMENTEL JUDGE PIMENTEL says: since 1946, the Philippines has never had an enemy country

Art. 118. Inciting to war or giving motives for reprisals. The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property. Notes: Reyes elements o offender performs unlawful or unauthorized acts o such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property intent is immaterial committed in time of peace: the crime of inciting to war or giving motives for reprisals is committed in time of peace NOTES: PIMENTEL Inciting to war or giving motive for reprisal: JUDGE PIMENTEL says its not or but AND. Example: September 11 in New York # identified the country responsible Is it already war? Yes. Consider that as an act of inciting/provoking war? Yes Giving motives for reprisals: o How can this be committed: depends on the other party if they will execute a reprisal o To whom does this article refer to: private citizens and public officials (aggravating for the latter) Case at point: burning the Singaporean flag on the issue of Flor Contemplacion. Reprisal: Singaporeans will deport all their Filipino domestic helpers. Reprisal contemplated is not limited to military force but includes economic, political, etc. Statutory Construction: The law does not distinguish.

Art. 119. Violation of neutrality. The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. Notes: Reyes Elements o There is a war in which the Philippines is not involved in o There is a regulation issued by competent authority for the purpose of enforcing neutrality o Offender violates such regulation Neutrality a nation or power which takes no part in a contest of arms going on between others is referred as neutrality NOTES: PIMENTEL Must the Philippines be involved in the war between the 2 opposing countries: No. The Philippines must not be involved in the war Procedure: The government will make rules and regulations to sustain its neutrality between the conflict of the 2 nations presidents declaration of neutrality (NO concurrence of congress).

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Hypothetical case: RA 1700 AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES AND SIMILAR ASSOCIATIONS, PENALIZING MEMBERSHIP THEREIN, AND FOR OTHER PURPOSES outlaws communism in the Philippines, even joining the communist party of the Philippines. However, some Filipino students hi-jacked a PAL plane and forced the plane to land in China. Can they be tried for flight to enemy country? Though communism is outlaws in the Philippines, it does NOT stipulate the countries Filipinos are not allowed to go to. Prohibition needs to be specific.

Section Three. Piracy and mutiny on the high seas

Qualified: same as simple, however, it contemplates a numerous number of people with violent means (force/violence on persons/things). ! NOTE: firing does that mean a canon/gun/explosions? The original Spanish text did not include chemicals which create an explosion to propel an object to a given direction. Spears, bow and arrows are considered firing o Abandoned victims without means of saving themselves ! Simple: you cannot give your victims means to save themselves ! Qualified: such means are available but withheld. o Accompanied by murder, homicide, physical injuries or rape ! Simple: none of the above mentioned should be present ! Qualified: WON any of the above mentioned occurred before, during or after. The act of piracy Watercraft/vessel: any water craft that uses bodies of water available for transportation from one place to another (to transport goods and persons) Jurisdiction: high seas of internal waters o Piracy on the high seas: ! crime against law of nations/humanity ! jurisdiction does not follow territoriality: first territory to catch the accused gets to try him, regardless of where the crime was committed ! extradition treaties are not followed because its a crime against humanity o internal waters: Philippine courts Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Chapter One ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP Section One. Arbitrary detention and expulsion

Art. 122. Piracy in general and mutiny on the high seas. The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. The same penalty shall be inflicted in case of mutiny on the high seas. Notes: Reyes elements o vessel is on the high seas or in Philippine waters o offenders are not members of its complement or passengers of the vessel o offender does ! attacking or seizing a vessel on the high seas or in Philippine waters ! 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 Mutiny is done by the vessels complements/passengers; intent to gain is always present in piracy, may be absent in mutiny

Art. 123. Qualified piracy. The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. Whenever they have seized a vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves; or 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. NOTES: PIMENTEL 2 kinds of piracy: simple and qualified (a special complex crime); difference lies in the manner in which the crime was committed place of the commission of the crime affects the jurisdiction of the courts. Difference of Simple and Qualified Piracy o Seizing the vessel by boarding/firing upon the same ! Simple: seizing in whole or in part of the vessel (of course one would have to board the said vessel)

Art. 124. Arbitrary detention. Any public officer or employee who, without legal grounds, detains a person, shall suffer; 1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days; 2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; 3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and 4. That of reclusion temporal, if the detention shall have exceeded six months.

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Offender is a public officer or employee Has detained a person for some legal ground Fails to deliver such person to the proper judicial authorities ! 12 hours for light penalties or their equivalent ! 18 hours for correctional penalties or their equivalent ! 36 hours for afflictive or capital penalties or their equivalent rights of a person detained o informed of the cause of his detention o allowed upon his request to communicate and confer at any time with his attorney or counsel NOTES: PIMENTEL Who are the judicial authorities judges or justices to state prosecutors who conducts preliminary investigations. State prosecutors have the authority to order the release if no probable cause can be found; or, order to be further detained If the purpose is to comply with the law no crime (within bounds of time) to initially/intentionally curb his liberties $ crime Time limits in RPC are mere guidelines. The time is used to gather more evidence to prove that the detained is the criminal How about Sundays, holidays etc wherein there are no judges available? o o o Art. 126. Delaying release. The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. NOTES: Reyes Elements o Offender is a public officer or employee o There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person o Offender without good reason delays ! Service of the notice of such order to the prisoner ! The performance of such judicial or executive order for the release of the prisoner ! The proceedings upon a petition for the release of such person NOTES: PIMENTEL 3 crimes committed (in a series) o delay in the performance for the release of the prisoner o delay in service of the notice of such order o delaying the proceedings upon any petition for the liberation of such person Petition for Habeas Corpus (produce the living body): proceeding for release Motion for bail (except if non-bailable like the crime of murder)

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person. NOTES: REYES elements o offender is a public officer or employee o detains a person o detention is without legal grounds legal grounds o commission of a crime o violent insanity or other ailment requiring the compulsory confinement of the patient in a hospital NOTES: PIMENTEL See Cases: Go v CA: Although all proceedings of Mr. Go, his arrest was illegal. But Mr. Go still needs to post bail, or else he will remain in jail. Hence Mr. Go set up a bond. Purpose of Detention: for the officer to bring the suspect to the judicial authorities Can there be arbitrary detention through reckless imprudence: People v Misa, CA. Yes it may be committed, example: an overzealous officer. Reckless imprudence may result to arbitrary detention. Arrests without warrants o In the presence of a peace officer, accused has or is committing a crime o The arresting officer has personal knowledge that a crime has been committed o Continuing crimes (ex: rebellion) Personal knowledge + probable cause = valid warrantless arrest If witness is a foreigner, he cannot be deported. Purpose: Main Difference: abduction, kidnapping and arbitrary detention o Arbitrary detention: to deliver the person arrested to judicial authorities o Kidnapping: for extorting ransom; deprive the offended of liberties o Abduction: offender is motivated by a lude design and nothing else.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirtysix (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively). NOTES: Reyes Elements

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Committed at nighttime Papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender NOTES: PIMENTEL Fruits of the search will be/suppose to be used as evidence. The effect of this article and such search renders such materials inadmissible as evidence Oliver Holmes: A mans house is his castle peeping is an act of searching # violation of domicile plain view # no search is necessary o o

Art. 127. Expulsion. The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. NOTES: Reyes Elements o Offender is a public officer or employee o He expels any person from the Philippines or compels a person to change his residence o Offender is not authorized to do so by law NOTES: PIMENTEL 2 crimes o expelling a person from the Philippines o compelling a person to change his residence NOT refusal to enter your country: constitutional right to travel (Marcos v Manglapus) Marcos expelled from the Philippines: Violative of this provision? We had a rebellious government that won the rebellion. They can expel anyone from the Philippines. No legal issue there. See Case: Villavicencio vs. Lukban Example of article: Mayor Lim spray painting the houses of suspected drug pushers. To justify leaving residence: o Foreigner and expulsed for not being a good citizen o Member of diplomatic corps and became a non-grata o Judicial order Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. NOTES: Reyes acts punished o procuring a search warrant without just cause o exceeding his authority or by using unnecessary severity in executing a search warrant legally procured elements o offender is a public officer or employee o procures a search warrant o there is no just cause elements of exceeding authority or using unnecessary severity o offender is a public officer or employee o has legally procured a search warrant o exceeds his authority or uses unnecessary severity in executing the same NOTES Search warrant is a writ o Given/made by the judge o An order for the peace officer to search the domicile and seize any property stipulated therein o Lasts for 10 days from issuance o Caption: People of the Philippines o To search: A natural person only (not juridical person) o Stipulations: ! exact place (where to search) ! accuseds name ! what to be seized/articles stated ! the law violated; if there is another law (more than 1), it entails another search warrant $ without this, it is a general warrant hence null and void o note: ! if the things are in 2 difference places = 2 different search warrants

Section Two. Violation of domicile

Art. 128. Violation of domicile. The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods. NOTES: reyes Acts punishable o Entering any dwelling against the will of the owner o Searching papers or other effects found therein without the previous consent of such owner o Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same. Elements common to the 3 acts o Offender is a public officer or employee o He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects Qualifying circumstances

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o o o Prohibiting or by interruption without legal ground the holding of a peaceful meeting, or by dissolving the same Hindering any person from joining any lawful association or from attending any of its meetings Prohibiting or hindering any person from addressing either alone or together with others, any petition to the authorities for the correction of abuse or redress of grievances

not just cause = illegal = no legal basis/probable cause; may plant evidence against respondent if a relevant thing found in plain view may be seized, products of search legal and stipulated valid illegal or not stipulated depends o illegal not admissible o not stipulated not admissible seized by unnecessary force/severity: inadmissible Elements o Offender is a public officer or employee o He performs any of the acts mentioned above NOTES: PIMENTEL Use of public place may have limits (permit) Section Four. Crimes against religious worship Art. 132. Interruption of religious worship. The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods. NOTES: REYES Elements o Offender is a public officer or employee o Religious ceremonies or manifestations of any religion are about to take place or are going on o Offender prevents or disturbs the same Qualifying circumstances: violence or threat NOTES: PIMENTEL This article contemplates: o Religious worship/manifestation o ceremony

Art. 130. Searching domicile without witnesses. The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality. Notes: Reyes elements o offender is a public officer or employee o he is armed with search warrant legally procured o he searches the domicile, papers or other belongings of any person o the owner or any member of his family or 2 witnesses residing in the same locality are not present NOTES: PIMENTEL The law does not say owners Refers to the respondent of the search warrant JUDGE PIMENTEL says: prefers 21 years old for witness o Must be competent and independent witness o Responsible, impartial community members o No blind people o No drug addicts o People who just drank/drunkards Security guards cannot be witnesses, they are not residents of the community they protect

Section Three. Prohibition, interruption and dissolution of peaceful meetings

Art. 133. Offending the religious feelings. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful. NOTES: REYES elements o the acts complained of were performed ! in a place devoted to religious worship ! during the celebration of any religious ceremony o that the acts must be notoriously offensive to the feelings of the faithful Title Three CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION, SEDITION AND DISLOYALTY

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. NOTES: REYES Acts punished

Art. 134. Rebellion or insurrection; How committed. The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As amended by R.A. 6968). NOTES: Reyes elements o there be a ! public uprising or ! taking arms against the government o purpose of the uprising or movement is either ! to remove from the allegiance of the government or its laws: the territory of the Philippines or any part thereof any body of land, naval or other armed force ! to deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives rebellion completely to overthrow and supersede the existing government insurrection seeks merely to effect some change of minor importance rebellion v treason: T: levying against the government and may be done by mere adherence to the enemy; R: involves taking up arms against the government NOTES: PIMENTEL Rising publicly: by a group of people. It is a multitude to achieve the purpose. If not multitude it is another crime Taking up of arms: a taking of instruments to be used to achieve the purposes of rebellion. Example: fire arms and instruments of similar nature uprising and taking up or arms must concur (before and simultaneous, never after) Insurrection: the means of achieving rebellion is not always to over throw the government o Can be a minor change o Or of local application Can you charge one person of rebellion: no. it is a public uprising. People can be identified,. Can rebellion be complexed with another crime: No. Hernandez case and Enrile case.(see RPC book). How about private crimes of rebels: if not connected with rebellion, it is not a separate offense/absolved. Nature of rebellion: A crime of the masses, committed in multitude After its commission, is it done and over with: consummation need not be successful See case: Umil v Ramos: once a rebel, always a rebel, unless o Served sentence o Given amnesty o Abolish allegiance to rebel organization; REBELLION IS A CONTINUOUS CRIME

RA 8294 Law on Illegal Possession of Firearms; states that: crime of illegal possession/manufacture of firearms, bombs, ammunition etc in relation to rebellion shall be absorbed. However, it makes no reference to rebellion Political crime: Rebellion absorbs o Murder o Kidnapping with ransom o Kidnapping with homicide o Car napping o Theft o Smuggling o Any revenue for money that will finance the rebellion (or source of revenue) o HENCE, since it is a political crime, amnesty may be extended before any criminal action during, or after the trial; not time frame for its granting o NOTE: rape can NEVER be absorbed in rebellion; carnal desire is never part and parcel of rebellion.

Article 134-A. Coup d'etat; How committed. The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968). NOTES: REYES Elements o Offender is a person or persons belonging to the military or police or holding any public office or employment o It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth o Attack is directed against duly constituted authorities of the Republic or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power o The purpose of the attack is to seize or diminish state power NOTES: PIMENTEL Can it be committed by 1 person: yes: Singly or simultaneously with or without civilian support Can a civilian be a leader or promoter of a coup detat: o Leader = no o Financier = yes o Promoter = depends. Why? Because police, military and peace officers may promote and head a coup detat If civilian signs for receipts/documents in behalf of the leaders of the coup does not make such civilian deemed as a leader; only assisting the coup detat. Coup detat has the same characteristics as a rebellion: in some ways only.

Main difference: leaders and promoters ! Members of any military, police etc. (people in uniform and public employees) ! Because origin of coup is the crime of mutiny purpose is to take over the position of all the superiors ! Hence became a political crime Purpose of coup: to diminish power of the state; to seize power of the state

Non-political crimes are not punishable by death, the worse is Reclusion perpetua. Why: because politics is the life of some people Only thing to remember on penalties: o Who are leaders, financiers etc: full penalty o Participants>: penalty next lower Principals in rebellion: reclusion perpetua, which is non-bailable Magdalo group # who are the leaders o Duty: who are the actual leaders and those who merely participated o What is the extent of participation of the one being charged o Prima facie evidence of leadership Signed receipts and other documents: receiving any contribution/weapons # whis is only when the leaders are unkown.

Art. 135. Penalty for rebellion, insurrection or coup d'etat. Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal. Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua. Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period. Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period. When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990). NOTES: REYES Who are liable for rebellion, insurrection and/or coup detat o Leaders ! Any person who promotes, maintains or heads a rebellion or insurrection ! Any person who leads, directs, or commands others to under take a coup detat o Participants ! Any person who participates, executes the commands of others in rebellion or insurrection ! Any person in the government service who participates, or executes directions or commands of others in undertaking a coup detat ! Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup detat Public officer must take active part to be liable; mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government Those who killed persons in pursuance of the movement to overthrow the government are liable for rebellion only NOTES: PIMENTEL

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990). NOTES: REYES 2 crimes defined and penalized o conspiracy to commit rebellion 2 or more persons come to an agreement to rise publicly and take arms against the government for any purpose of rebellion and decide to commit it. o proposal to commit rebellion when the person who has decided to rise pubvlicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons NOTES: PIMENTEL Nature of conspiracy o As a crime, rebellion, insurrection, coup detat, sedition o brigadage: ! conspiracy among armed malefactors to rob people in the highways/kidnap and extort ransom from them highway robber: PD 532 Anti-Piracy and AntiHighway Law of 1974 (discriminatory) brigadage: indiscriminate robbery (nondiscriminatory) Kidnapping for ransom ! no need to execute the crime Art. 137. Disloyalty of public officers or employees. The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187). Notes: Reyes

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Art. 139. Sedition; How committed. The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the holding of any popular election; 2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee; 4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. Notes: Reyes Elements o Offender rise publicly and tumultuously o Employ force, intimidation or other means outside of legal measures o Offender employs any of those means to attain any of the following objects ! To prevent the promulgation or execution of any law or the holding of any popular election ! Prevent the national government or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order ! Inflict any act of hate or revenge upon the person or property of any public officer or employee ! To commit for any political or social end any act of hate or revenge against the private persons or any social class ! To despoil any political or social end any person municipality or province or the national government of all its property or any part thereof Sedition is the raising of commotions or disturbances in the state; ultimate object is violation of the public peace NOTES: PIMENTEL Sedition is of minor disturbance to a nation No complex crime of sedition; murder/homicide RA 8294: committed by 3 or more armed persons: armed = acts of violence 1st 2 paragraphs: does not talk about political or social ends o tumultuous means more than 3 or 4 or more armed participants ! with respect to labor: syndicate ! with respect to penal laws: conspiracy and organized group Sedition like rebellion: cannot be complexed with another crime; other offenses may be charged but separately Art. 140. Penalty for sedition. The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

acts of disloyalt o failing to resist a rebellion by all the means in their power o continuing to discharge the duties of their offices under the control of the rebels o accepting appointment to office under them there must be no conspiracy with the rebels otherwise its rebellion NOTES: PIMENTEL Disloyalty = cowardice/opportunism: accepting a government position from the rebels = traitors

Art. 138. Inciting a rebellion or insurrection. The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187). Notes: Reyes Elements o The offender does not take arms or is not in open hostility against the government o Incites others to the execution of any of the acts of rebellion o Inciting is done by means of speeches, proclamations, writings, emblems, or other representations tending to the same end Inciting v proposal o Both: offender induces another to commit rebellion o P: the person who proposes has decided to commit rebellion; I: not required that the offender has decided to commit rebellion o P: who proposes the execution of the crime uses secret means; Inciting: public means Rebellion should not be committed NOTES: PIMENTEL Once commit rebellion, cannot change to incite of rebellion (absorbed) Dangerous Tendency Rule is to be applied. RA 1700 AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES AND SIMILAR ASSOCIATIONS, PENALIZING MEMBERSHIP THEREIN, AND FOR OTHER PURPOSES: Anti-subversion Act When should the inciting take place: any time, not just while uprising What is the role of the offender in rebellion/sedition (in inciting): o person must not have acted/previously or when he invites rebellion/sedition; o he must not have committed himself to the rebellion o rebellion is a continuing crime: problem is the question of prescription: see Umil v Ramos. HENCE there is no warrant needed for his arrest o once committed, even though many are its victims, there is just one intent HENCE one offense. See Santiago v. Sandiganbayan regarding RA 3019 NOTE: inciting rebellion; the one inciting should not commit the act of rebellion

11
o Lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187). NOTES: REYES Persons liable for sedition o Leader of the sedition o Other persons participating in the sedition 2 rules: o clear and present danger o dangerous tendency rule NOTES: PIMENTEL Not to take up arms 2 rules: o dangerous tendency rule o clear and present danger rule maximum tolerance rule o applicable in a case to case basis o as long as no bodily harm is inflicted Chapter Two CRIMES AGAINST POPULAR REPRESENTATION Section One. Crimes against legislative bodies and similar bodies Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. (Reinstated by E.O. No. 187). Notes: Reyes elements o there be a projected or actual meeting of the national assembly or any of its committees or subcommittees, constitutional committees or divisions thereof or of any provincial board or city or municipal council or board o offender who may be any person prevents such meeting by force or fraud NOTES: PIMENTEL There should always be malice or bad faith It only extends up to municipal council or board only. Art. 144. Disturbance of proceedings. The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187). NOTES: REYES Elements o There be a meeting of the national assembly or any of its committees or subcommittees, constitutional commissions or committees or

Art. 141. Conspiracy to commit sedition. Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187). NOTES: REYES Elements o Offender does not take direct part in the crime of sedition o He incites others to the accomplishment of any of the acts which constitute sedition o The inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other representations tending to the same end Different acts of inciting to sedition o Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc o Uttering seditious words or speeches which tend to disturb the public peace o Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof which tend to disturb the public peace Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable when o They tend to disturb or obstruct any lawful officer in executing the functions of his office o Tend to instigate others to cabal and meet together for unlawful purposes o Suggest or incite rebellious conspiracies or riots

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Arrest: impurint crime JUDGE PIMENTEL says: parliamentary immunity covered by search; search not = arrest Chapter Three ILLEGAL ASSEMBLIES AND ASSOCIATIONS Art. 146. Illegal assemblies. The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional. If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187). NOTES: REYES What are illegal assemblies o Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code ! Elements There is a meeting, a gathering or group of persons whether in a fixed place or moving The meeting is attended by armed persons The purpose of the meeting is to commit any of the crimes punished under the Code o Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion, insurrection, sedition or assault upon a person in authority or his agents ! Elements There is a meeting, a gathering or group of persons, whether in fixed place or moving The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault Persons liable o Organizers or leaders of the meeting o Persons merely present in the meting If any person present at the meeting carries an unlicensed firearm o It is presumed that the purpose of the meeting is to commit acts punished under the RPC o He is considered a leader or organizer of the meeting

divisions thereof or any provincial board or city municipal council or board The offender does any of the following ! Disturbs any of such meetings ! Behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due to it

Section Two. Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision correccional. NOTE: REYES Using force, intimidation, threats or fraud to prevent any member of the national assembly, from attending the meeting of the Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof; or expressing his opinion or casting his vote o Elements ! Offender uses force, intimidation, threat or fraud ! Purpose of the offender is to prevent any member of the national assembly from Attending the meetings of the assembly or of any of its committees or constitutional commissions, etc Expressing his opinions Casting his vote ! NOTE: offender is any person By arresting or searching any member thereof while the Assembly is in regular/special session except in case such member has committed a crime punishable under the Code by a penalty higher than prision correccional o Elements ! Offender is a public officer or employee ! He arrests or searches any member of the national assembly ! At the time of the arrest/search, it was in regular/special sessioin ! The person has not committed a crime punished under the RPC by a penalty higher than prision correccional Parliamentary immunity does not protect member of the national assembly from responsibility before the legislative body itself NOTES: PIMENTEL Search: not imputing crime

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o

Art. 147. Illegal associations. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187). Notes: Reyes What are illegal associations o Associations totally or partially organized for the purpose of committing any of the crimes punished under the Code o organized for some purpose contrary to public morals persons liable o founders, directors, and president of the association o mere members of the association illegal association v. illegal assembly o IAssem: actual meeting or assembly of armed persons are incited to the commission of treason, rebellion, sedition or assault upon a person in authority or his agent; IAssoc: it is not necessary that there be an actual meeting o IAssem: meeting and attendance at such meeting that are punished; IAssoc: it is the act of forming or organizing and membership in the association that are punished o IAssem: persions liable are organizers or leaders, and persons in the meeting; IAssoc: founders, directors and president and members

Chapter Four ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed. NOTES: REYES 2 ways of committing direct assault o without public rising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition ! elements offender employs force or intimidation the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition

there is no public uprising without public uprising, by attacking, by employing force or by seriously intimidating by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance ! elements offender makes an attack, employs force, makes a serious intimidation or makes a serious resistance the person assaulted is a person in authority or his agent at the time of the assault the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties there is no public uprising who is a person in authority? Directly vested with jurisdiction whether as an individual or as a member of the some court or governmental corporation, board of commission, shall be deemed as person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority; the power or authority to govern and execute the laws who is an agent of a person in authority? One who by direct provision of law or by election or appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio vice-lieutenant, barrio councilman and barrio policeman and any person who comes to the aid of persons in authority qualified assault: o committed with a weapon o offender is a public officer or employee o offender lays hands upon the person in authority NOTES: PIMENTEL 2 classes of persons in authority o vested with jurisdiction; execution of the law (mayors, governors, congressmen etc); NOTE: has to be official function, actual performance o as such due to provision of law (teachers, professors, etc) person assaulted is known as a person in authority by offender, lack of knowledge is not a defense offender has intention to defy person in authority police and such are agents of people in authority Art. 149. Indirect assaults. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. NOTES: REYES

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A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender o The offender resists or seriously disobeys such person in authority or his agent o The act of the offender is not included in the provisions of Art. 148, 149, and 150. Elements of simple disobedience o An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender o Offender disobeys such agent of a person in authority o Such disobedience is not of a serious nature NOTES: PIMENTEL Direct assault with intention to harm/offend Serious disobedience / resistance no intention to harm/offend o Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority. In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985). NOTES: REYES Persons in authority: are people directly vested with jurisdiction, the power and authority to govern and execute the laws NOTES: PIMENTEL RA 9165: for teachers 100m radius of the compound of the school, they are persons in authority. As long as the peace officer does not have any position that his appointment, coming from the office of the president Chapter Five PUBLIC DISORDERS Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.

elements o person in authority or his agent is the victim of any of the forms of direct assault o person comes to the aid of such authority or his agent o offender makes use of force or intimidation upon such person

Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. NOTES: REYES acts punished as disobedience to the National Assembly o refusing without legal excuse to obey summons o refusing to be sworn or placed under affirmation o refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions o restraining another from attending as a witness o inducing disobedience to a summons or refusing to be sworn by any such body or official NOTES: PIMENTEL Right to inquire to the committee who issued a summons the legality of such summons prior to appearing before the committee: time to question the summons is when you are present. Cannot be before appearing. Only when the question is propounded Can he be required to bring objects. No. the law is specific: books, papers, documents. Hence objects cannot be required.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender. NOTES: REYES Elements

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Malice can be established by time the act was done within the circumstances of the cause can be proven by circumstantial evidence

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order. The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed. NOTES: REYES What are tumults and other disturbances of public order? o Causing any serious disturbance in a public place, office or establishment o Interrupting or disturbing performances, functions or gatherings or peaceful meetings, if the act is not included in Art. 131 and 132 o Making any outcry tending to incite rebellion or sedition in any meeting, association or public place o Displaying placards or emblems which provoke a disturbance of public order in such place o Burying with pomp the body of a person who has legally executed NOTES: PIMENTEL Intent to produce tumult, public disturbance, essential; if no intent, not covered by this article Article includes inciting people to harm person in authority (act of hate v. public employees) Art. 155. Alarms and scandals. The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable. NOTES: REYES Art. 155 does not make any distinction as to the particular place in the town or public place where the discharge of firearm, rocket etc is effected Charivari: medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns etc designed to annoy and insult Disturbance of serious nature falls under Art. 153 NOTES: PIMENTEL Alarm and scandal: dont have to point it to any body Firearm: must have intention to kill; attempted homicide Discharge of firearm: aiming with intention to kill; illegal discharge Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period. NOTES: REYES Elements o There is a person confined in a jail or penal establishment o The offender removes therefrom such person, or helps the escape of such person Prisoner may be under detention only Hospital or asylum considered extension of jail or prison Offender is usually an outside The guard of the jail, who is off duty, may be held liable for delivering prisoners from jail Violence, intimidation and bribery are not necessary A prisoner is criminally liable for leaving the penal institution only when there is evasion of the service of his sentence, which can be committed only by a convict by final judgment; detention prisoner is not criminally liable. NOTES: PIMENTEL involves a 3rd party, not prisoner himself.

Art. 154. Unlawful use of means of publication and unlawful utterances. The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. NOTES: REYES Actual public disorder or actual damage to the credit of the State is not necessary Offender must know that the news is false NOTES: PIMENTEL

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With respect to others who escaped, the 3rd party is also liable, because he is a 3rd party with respect with those that escaped

Chapter Six EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. NOTES: REYES Elements o Offender is a convict by final judgment o He is serving his sentence which consists of deprivation of liberty o He evades the service of his sentence by escaping during the term of his sentence NOT applicable to sentence executed by deportation Applicable to sentence of destierro Qualifying circumstances o Unlawful entry (this should be by scaling) o Breaking doors, windows, gates, walls, roofs or floors o Using picklocks, false keys, disguise, deceit, violence or intimidation o Through connivance with other convicts or employees of the penal institution NOTES: PIMENTEL This article talks about an Aggravating circumstance Escape by unlawful entry: where will he enter? wrong translation

! Earthquake ! Explosion ! Similar catastrophe or ! Mutiny in which he has not participated o The offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny o Offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity NOTES: PIMENTEL Deduction even if penalty is Reclusion perpetua Deduction can happen 5 times (no limit) so pray for 5 calamities Government doesnt give an announcement in the passing away of the calamity, how can this provision be enforced? Art. 159. Other cases of evasion of service of sentence. The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence. NOTES: REYES Nature of a conditional pardon it is a contract Elements of the offense of violation of a conditional pardon o Offender was a convict o Granted a conditional pardon by the Chief Executive o Violated any of the conditions of such pardon 2 penalties o prision correccional minimum period penalty remitted does not exceed 6 years o unexpired term if otherwise violating a pardon is another felony NOTES: PIMENTEL If correctional penalty was imposed (prision correccional in its minimum period) 4 actual evasion of sentences o time of calamity, and disorder o public disorder o violation of pardon o violation of conditions of distierro Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98. NOTES: REYES Elements o Offender is a convict by final judgment, who is confined in a penal institution o There is disorder, resulting from ! Conflagration

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Art. 162. Using forged signature or counterfeit seal or stamp. The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article. NOTES: REYES The great seal of the republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person Offender knew of the counterfeiting or forgery Used the counterfeit seal or forged signature or stamp Section Two. Counterfeiting Coins

sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. NOTES: REYES elements o offender was already convicted by final judgment of one offense o he committed a new felony before beginning to serve such sentence or while serving the same second crime must be a felony; the first can otherwise notion of quasi-recidivism NOTES: PIMENTEL No such thing as rule 5 Title Four

CRIMES AGAINST PUBLIC INTEREST Chapter One FORGERIES

Section One. Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive.

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive. NOTES: REYES Acts punished o Forging the great seal of the government of the Philippines o Forging the signature of the president o Forging the stamp of the president NOTES: PIMENTEL There is no law detailing what the Great Seal is. Its the seal found at the back of the new one peso coin

Art. 163. Making and importing and uttering false coins. Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers, shall suffer: 1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above. 2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination. 3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965). NOTES: REYES elements o There be false or counterfeited coins o The offender either made, imported or uttered such coins o In case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers Utter to pass counterfeited coins, delivery or act of giving them away kinds of coins the counterfeiting of which is punished o silver coin of the Philippines or coin of the Central Bank of the Philippines o coin of the minor coinage of the Philippines or of the Central Bank of the Philippines o Coin of the currency of a foreign country NOTES: PIMENTEL Need not be legal tender for this article to apply Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. The penalty of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers. NOTES: REYES Acts punished o Mutilating of legal currency with the further requirement that there be intent to damage or to defraud another

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drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature. 2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. 3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government. 4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. NOTES: REYES Acts punished o Forging or falsification of treasury or bank notes or other documents payable to bearer o Importation of such false or forged obligations or notes o Uttering such false or forged obligations or notes in connivance with the forgers or importers NOTES: PIMENTEL This article pertains to commercial documents issued by a banking institution, in relation to commercial transactions Intercalation must appear

Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering mutilate take off parts of the metal either by filing it or substituting it for another metal of inferior quality coins of foreign currency NOT included NOTES: PIMENTEL This article contemplates the extraction of precious metals from the coin. PD 247: PROHIBITING AND PENALIZING DEFACEMENT, MUTILATION, TEARING, BURNING OR DESTRUCTION OF CENTRAL BANK NOTES AND COINS Has to be legal tender

Art. 165. Selling of false or mutilated coin, without connivance. The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles. NOTES: REYES Acts punished and their elements o Possession of coin, counterfeited or mutilated by another, with intent to utter the same, knowing that it is false or mutilated ! Elements Possession With intent to utter Knowledge o Actually uttering such false or mutilated coin, knowing the same to be false of mutilated ! elements Actually uttering Knowledge Constructive possession included NOTES: PIMENTEL Criminal intent is necessary: any person who knowingly

Section Three. Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities.

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos. NOTES: REYES Elements o There be an instrument payable to order or other document of credit not payable to bearer o Offender either forged, imported or uttered such instrument o In case of uttering, he connived with the forger or importer NOTES: PIMENTEL Payable to bearer: the cheque is designated to someone in particular; identification would have to be verified Payable to order: who ever holds the cheque may encash it, no need to verify the identification. HOWEVER due to the anti-money laundering law, identification would have to be verified starting on a specific amount (Php 50,000? not sure). If cheque says payable to bearer technically speaking it is the same as payable to cash and no identification need be verified; however, this is not the traditional practice. Payable to cash is the standard practice. Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands. The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money,

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any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. NOTES: REYES Elements o Any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument payable to order or other documents of credit not payable to bearer is forged or falsified by another person o The offender knows that any of those instruments is forged or falsified o He performs any of these acts ! Using any of such forged or falsified instruments ! Possessing with intent to use any of such forged or falsified instruments Art. 169. How forgery is committed. The forgery referred to in this section may be committed by any of the following means: 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document. 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

NOTES: PIMENTEL Making Ninoy do a peace sign in the P500 bill is a forgery, since forgery contemplates (1) changing the bill or (2) copying the bill Copying a bill, but in a larger scale is not considered forgery because it cannot pass or appear as an original

Section Four. Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone message.

Art. 170. Falsification of legislative documents. The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. NOTES: REYES Elements o There be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council, city council and municipal board. o The offender alters the same o Has no proper authority therefore o Alteration has changed the meaning of the document NOTES: PIMENTEL Barangay resolutions: are not included. When the law enumerates it is exclusive.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. Making untruthful statements in a narration of facts; 5. Altering true dates; 6. Making any alteration or intercalation in a genuine document which changes its meaning; 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons. NOTES: REYES Elements o Offender is a public officer, employee or notary public o Takes advantage of official position o Falsifies a document by committing of any of the 8 acts mentioned above o In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that is falsification may affect the civil status of persons Sub requisites o Paragraph 1 ! Counterfeiting which is imitating any hand writing, signature or rubric. Elements There be an intent to imitate or an attempt to imitate That the 2 signatures or handwriting, the genuine and the forged, bear some resemblance to each other ! Feigning which is simulating a signature, handwriting or rubric out of one which does not in fact exist. o Paragraph 2 ! Elements Offender cause it to appear in a document that a person or persons participated in an act or a proceeding Person or persons did not in fact so participate in the act or proceeding

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o

Issues the acknowledgement at the bottom of the affidavit: subscribed or sworn before me. ! The affidavit, in relation to the notary public, should have the parties appeared before Notary Public must be known and known to be to the Notary Public as the same person who executed the document (to avoid transfer of rights to imposters) JUDGE PIMENTEL says that the most controversial offense: altering true dates o Old case: a priest from Aliaga Nueave Ecija. His residence certificate (cedula) was issued by the office of the treasurer. However, he noticed that his age with regard to his birth date was wrong. So he changed it without the laws of the civil registrar. Charged for falsification by a private individual. SC ruled that he should be acquitted. The law states alteration of true dates; in this case, the date was wrong to begin with, it was corrected. Many ways of falsification: example: making an original one exists when there is none Photocopy of a document: to have the opposing party to compare the original and copy. If it is a faithful duplication. Some content that the removal of hand written text makes the copy unfaithful. This is WRONG! What matters is the CONTENT of the document, NOT the form JUDGE PIMENTEL says the baptismal certificate is a private document: because it is issued by the church, and the church and state are separated. Falsification can be complexed with other crimes: o Estafa o Malversation o Qualified theft, when there is grave abuse of confidence

Paragraph 3 ! Elements Person or persons participated in an act or proceeding Person or persons made statements in that act of proceeding Offender in making a document, attributed to such person or persons statements other than those in fact made by such person or persons o Paragraph 4 ! Elements Offender makes in a document statements in a narration of facts He has a legal obligation to disclose the trust of the facts narrated by him Facts narrated by the offender are absolutely false Perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person o Paragraph 6 ! Elements There be an alteration or intercalation (insertion) on a document It was made on a genuine document The alteration or intercalation has changed the meaning of the document The change made the document speak something false NOTES: PIMENTEL MEMORIZE THIS ARTICLE What is a rubric: A part of a manuscript or book, such as a title, heading, or initial letter, that appears in decorative red lettering or is otherwise distinguished from the rest of the text. No such thing as a marriage contract but there is a marriage certificate; certificate is used for birth, death, etc. Ruling of the SC in a 1998 case: citing a 1904 ruling; baptismal certificates are considered public documents under the charge and control by the local government at that time. Baptismal certificates are faithfully recorded by priests, not like births. Baptismal certificates: o In nature its a private document issued by the church o Ecclesiastical ministers are considered public officers when they solemnize, which is a public function. This is the reason why the names of such ministers have to be registered to the local civil registrar Notary public: are public officers as well. They have to petition to the SC to be a notary public. o They perform a public function Art. 172. Falsification by private individual and use of falsified documents. The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. NOTES: REYES 3 acts punished o falsification of public, official or commercial document by a private person o falsification of private document by any person o use of falsified document 1st paragraph: elements

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concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same. Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree. NOTES: REYES 3 acts punished o Uttering fictitious wireless, telegraph or telephone message ! Elements Offender is an officer or employee of the government or an officer or employee of private corporation engaged in the service of sending or receiving wireless, cable or telephone message The offender commits any of the following o Uttering fictitious wireless, cable, telegraph or telephone message o Falsifying wireless cable, telegraph or telephone message o Falsifying wireless, telegraph or telephone message o Using such falsified message ! Elements The accused knew that wireless, cable, telegraph or telephone message was falsified by any of the persons specified in the first paragraph of Art. 173 The accused used such falsified dispatch The use of the falsified dispatch resulted in the prejudice of a 3rd party, or that the use thereof was with intent to cause such prejudice NOTES: PIMENTEL Landlines in some provinces, there is one person who receives calls the operator. Telegrams, using Morse code is non-existent! Section Five. Falsification of medical certificates, certificates of merit or services and the like.

offender is a private individual or a public officer or employee who did not take advantage of his official position o committed any of the acts of falsification enumerated in this article o the falsification was committed in a public or official commercial document 4 kinds of documents o public o private o official o commercial 2nd paragraph: elements o offender committed any of the acts of falsification, except those in paragraph 7 enumerated in Art. 171 o the falsification was committed in any private document o falsification caused damage to a 3rd party or at least the falsification was committed with intent to cause such damage 3rd paragraph o introducing in a judicial proceeding ! the offender knew that a document was falsified by another person ! the false document is embraced in Art. 171 or in any subdivisions No. 1 or 3 of Art. 172 ! introduced said document in evidence in any judicial proceeding o use in any other transaction ! offender knew that a document was falsified by another person ! the false document is embraced in Art. 171 or in any of the subdivision No. 1 or 2 of Art. 172 ! he used such document not in a judicial proceeding ! the use of the false document caused damage to another or at least it was used with intent to cause such damage NOTES: PIMENTEL Article includes falsification by public individual Public document: participation of notary public or public officer All official documents are public documents; but NOT all public documents are official documents Private documents o No intervention of notary public or public officer o Issued by a private individual o Certain instances, it can be a public document without notary public intervention: example: presented in court in a judicial proceeding: under the custody of the court upon admission as evidence Private individual may falsify a public document: damage is not necessary However, if he falsifies a private document: damage IS necessary Art. 174. False medical certificates, false certificates of merits or service, etc. The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: 1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. NOTES: REYES Certificate any writing by which testimony is given that a fact has or has not taken place

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or

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Abaca fibers are used to make the bills more crispy, and all that. Inside the security paper of the bills itself Chapter Two OTHER FALSIFICATIONS Sec. One. Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.

Persons liable: o Physician or surgeon o Public officer o Private individual NOTES: PIMENTEL Most common: medical certificates Lawyers need to submit a medical certificate to excuse their non-appearance o If private doctor, it has to be notarized o If by public physician, no need for notarization

Art. 175. Using false certificates. The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. NOTES: REYES Elements o The physician or surgeon had issued a false medical certificate or a public officer had issued a false certificate of merit or service, good conduct or similar circumstances, or a private person had falsified any of said certificate o The offender knew that the certificate was false o He used the same NOTES: PIMENTEL JUDGE PIMENTEL says Falsifying and use of false medical certificates are 2 separate crimes

Section Six. Manufacturing, importing and possession of instruments or implements intended for the commission of falsification.

Art. 176. Manufacturing and possession of instruments or implements for falsification. The penalty of prision correccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter. Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that provided therein. NOTES: REYES Acts punished o Making or introducing into the Philippines any stamp, dies, marks or other instruments or implements for counterfeiting or falsification o Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person NOTES: PIMENTEL But whos going to import? The Philippines has all the necessary instruments already.

Art. 177. Usurpation of authority or official functions. Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. NOTES: REYES 2 crimes contemplated o usurpation of authority o usurpation of official function 2 ways of committing the crime under this article o knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the government or any foreign government o performing any act pertaining to any person in authority or public officer of the government or of a foreign government or any agency thereof, under pretense of official function, and without being lawfully entitled to do so NOTES: PIMENTEL Usurpation of authority: there must be an actual office If imaginary office: no felony (ex. 6-star general) Introduce as FBI agent with a FBI shirt: usurpation. Includes foreign government with DIPLOMATIC RELATIONS with the Philippines Art. 178. Using fictitious name and concealing true name. The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage. Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos. NOTES: REYES Elements o The offender uses a name other than his real name o Uses the fictitious name publicly o Purpose ! To conceal a crime Elements o The offender conceals ! His true name and

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!

! !

All other personal circumstances o That the purpose is only to conceal his identity To evade the execution of a judgment To cause damage to public interest

NOTES: PIMENTEL Uniforms whether public or private, known to the public to belong to a particular office, whether public of private. Example: PAL uniform. Franco asks: How about Classmates in Quezon Ave when the girls wear exclusive girls schools uniforms?

Art. 181. False testimony favorable to the defendants. Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. NOTES: REYES False testimony favorable to the defendant is equally repugnant to the orderly administration of justice Art. 182. False testimony in civil cases. Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated. NOTES: REYES Elements o Testimony must be given in a civil case o Must relate to the issues presented in said case o Must be false o False testimony must be given by the defendant knowing the same to be false o The testimony must be malicious and given with intent to affect the issues presented in said civil case

Art. 179. Illegal use of uniforms or insignia. The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member. NOTES: REYES Elements o The offender makes use of insignia, uniform or dress o The insignia, uniform or dress pertains to an office NOT held by the offender or to a class of persons of which he is NOT a member o Said insignia, uniform or dress is used publicly or improperly NOTES: PIMENTEL Estrada and jose villarde Private individuals may be held liable for using fictitious names or withholding of true name

Section Two. False testimony

Art. 180. False testimony against a defendant. Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death; 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua; 3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos. NOTES: REYES Elements o There be a criminal proceeding o Offender testifies falsely under oath against the defendant o Offender who gives false testimony knows it is false o The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment

Art. 183. False testimony in other cases and perjury in solemn affirmation. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein. NOTES: REYES 2 ways of committing perjury o falsely testifying under oath o making a false affidavit Elements of perjury o Accused made statement under oath or executed an affidavit upon a material matter o The statement or affidavit was made before a competent officer authorized to receive and administer oath o Statement or affidavit, the accused made a willful and deliberate assertion of a falsehood o The sworn statement or affidavit containing the falsity is required by law material matter it is the main fact which is the subject of the inquiry or any circumstance which tends to prove the fact, or any fact or circumstance which

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NOTES: REYES Acts punished & elements o Soliciting any gift or promise as a consideration for refraining from taking part in any public auction ! Elements There be a public auction Accused solicited any gift or promise from any of the bidders Such gift or promise was the consideration for his refraining from taking part in that public auction The accused had the intent to cause the reduction of the price of the thing auctioned o Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice ! Elements There be a public auction The accused attempted to cause the bidders to stay away from the public auction It was done by threats, gifts, promise or any other artifice The accused had the intent to cause the reduction of the price of the thing auctioned NOTES: PIMENTEL When a person demands or gives gifts so that another wont participate: thats machination in a public auction. Not just sale of personal or real property, but also bidding in furnishing of materials and construction of certain projects

tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies NOTES: PIMENTEL Most serious: found to be false against the accused who was convicted and sentenced to death, reclusion perpetua or light imprisonment. Penalty for the liar: 1 degree lower than the minimum imposable. Case: SC: accused testified in his favor whether criminal or civil case # liable. Accused always lies in his favor. Case: Lara case (GR No. 140900 & 140911). He was to be executed on Jan 30, 2004 for kidnapping for ransom. SC already affirmed the decision. However new people are coming out claiming to have personal knowledge to acquit Lara et al. Problem: can you prosecute those that gave false testimony against Lara et al? Not any more. SC scrutinized the findings and law already. False information v. any party in a civil case: amount of controversy determines the penalty Would it be an element, the property? JUDGE PIMENTEL says it should not be. If you lie, how much more as a big property. Lies are lies, no such thing as a small or white lie. Perjury: any falsification in relation to facts given in and all proceedings not judicial or in an affidavit or statement.; does not apply to those who lie in court Subordination of perjury: one induces another to commit perjury

Art. 184. Offering false testimony in evidence. Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. NOTES: REYES Elements of offering false testimony in evidence o Offender offered in evidence a false witness or false testimony o He knew the witness or the testimony was false o Offer was made in a judicial or official proceeding NOTES: PIMENTEL It is not the lawyer who is liable to offer a testimony of witnesses; representing a party; inherent to party to offer testimony Before: evidence after the party completes his evidence Now: SC changed it; offer of oral evidence made upon prosecution of witness offer his testimony. Chapter Three FRAUDS

Section One. Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade. The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon: 1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; 2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market; 3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured,

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The stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys o Offender knows that the stamps, brands or marks fail to indicate the actual fineness or quality of the metals of alloys NOTES: PIMENTEL Aggravating if price of monopoly on prime commodities (basic necessities) Importation and falsely marked articles: precious metals This article contemplates: importation AND selling of finished products made of gold, silver, etc. Substantial compliance o Must state their value (karats) o Attach a marker (no marking = violation) Trade mark v Trade name: alligator and lacoste respectively o

produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used. If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines. Whenever any of the offenses described above is committed by a corporation or association, the president and each one of its agents or representatives in the Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offense, shall be held liable as principals thereof. NOTES: REYES Acts punished o Combination to prevent free competition in the market o Monopoly to restrain free competition in the market o Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise

Section Two. Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys. Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three onethousandth than the fineness indicated by said stamp, brand, label, or mark. NOTES: REYES Article or merchandize involved o Those made of ! Gold ! Silver ! Other precious metals ! Their alloys Elements o Offender imports, sells or disposes of any of those articles or merchandise

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon: 1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same; 2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or trade- mark has been fraudulently used in such goods as described in the preceding subdivision; 3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other person, or a colorable imitation of such mark; or 4. Any person who, knowing the purpose for which the trade-name, trademark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with the sale or advertising of his services. A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark. A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising. NOTES: REYES Acts punished o Substituting the tradename or trademark of some other manufacturer or dealer or a colorable imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon the article of commerce, and sell the same o Selling or by offering for sale such articles of commerce, knowing that the trademark or tradename has been fraudulently used

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which he deals, or his business or services for those of the one having established goodwill or committing any act calculated to produce such result Elements of unfair competition o Offender gives goods the general appearance of the goods of another manufacturer or dealer o The general appearance is shown in the ! Goods themselves ! Wrapping of their packages ! Device or words therein ! Any other feature of their appearance o Offender offers to sell or sells those goods or gives the persons a chance or opportunity to do the same with a like purpose o There is actual intent to deceive the public of defraud a competitor NOTES: PIMENTEL Unfair competition: can easily be understood Note the cases paralleling: Balli v Bally. MacDonalds v McDonalds etc. Chapter Two OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Art. 200. Grave scandal. The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. NOTES: REYES Elements o Offender performs an act or acts o Such act or acts be highly scandalous as offering against decency or good customs o Highly scandalous conduct is not expressly falling within any other article of this code o The act of acts complained of be committed in a public place or within the public knowledge or view Grave scandal consists of acts which are offensive to decency and good customs which having been committed publicly have given rise to public scandal to persons who have accidentally witnessed the same NOTES: PIMENTEL Moral conduct; affects decency and good customs Depends on circumstances: time, customs, place, etc Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals; (2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which

Using or substituting the service mark of the same other person, or a colorable imitation of such mark, in the sale or advertising of his services o Printing, lithographing or reproducing tradename, trademark or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used. Mark visible sign capable of distinguishing the goods (trademark) or service (service mark) of an enterprise and shall include a stamped or marked container Tradename the name or designation identifying or distinguishing an enterprise NOTES: PIMENTEL Alter trade mark and name: substituting: putting the lacoste animal on a shirt you made This tantamounts to unfair competition: like piracy

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. The penalty provided in the next proceeding article shall be imposed upon: 1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose. 2. Any person who shall affix, apply, annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services. 3. Any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark. NOTES: REYES Punished acts o Selling his goods, giving them the general appearance of the goods of another manufacturer or dealer (unfair competition) o Affixing to his goods or using in connection with his services a false designation of origin, or any false description or representation, and selling such goods or services (fraudulent designation of origin, false description) o Procuring fraudulently from the patent office the registration of trade name, trade mark or service mark (fraudulent registration) Unfair competition employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in

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Chapter One PRELIMINARY PROVISIONS Art. 203. Who are public officers. For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer. NOTES: Reyes Public officers embraces every public servant from the highest to the lowest Requisites: Public officer must be o Taking part in the performance of public functions in the government, or performing in said government or in any of its branches public duties as an employee, agent, or subordinate official, of any rank or class; and, o That his authority to take part in the performance of public functions or to perform public duties must be ! By direct provision of the law ! By popular election ! By appointment by competent authority NOTES: Pimentel Is a janitor a public officer? It depends. The government can hire a janitor via job contractor But not an employee. Can he be a Public Officer? Yes. The law provides ANY rank. Janitors are of the lower in rank (utility officers). Only public officers for special laws and some articles in the RPC RA 3019 anti graft and corrupt practices law. RA 7080 plunder law RA 7659 law on coup No difference: appointed and elected to public office Chapter Two MALFEASANCE AND MISFEASANCE IN OFFICE Section One. Dereliction of duty Misfeasance improper performance of some act which might lawfully be done Malfeasance performance of some act which ought not to be done Nonfeasance omission of some act which ought to be performed

are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; (3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969). NOTES: REYES Publicity is essential NOTES: PIMENTEL Sex bomb dances, maui taylor etc. PD 960 and 969

Art. 202. Vagrants and prostitutes; penalty. The following are vagrants: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; 4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; 5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court NOTES: REYES Vagrants under paragraph 3 o Idle or dissolute persons who lodges in houses of ill-fame o Ruffian or pimp o Who habitually associate with prostitutes NOTES: PIMENTEL Not true: who just became part of Katupaz (kain tulog pasyal) not vagrants. They have means of income (c/o parents, relatives) Prostitute, may be virgins: lascivious conduct alone is sufficient ~~oOo~~ Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Art. 204. Knowingly rendering unjust judgment. Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification. NOTES: Reyes Elements o Offender is a judge o Renders a judgment in a case submitted to him for decision

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Knowingly renders unjust interlocutory order or decree Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance Interlocutory order issued by the court between the commencement and the end of a suit or action and which decides some point or matter, but which is not a final decision of the matter in issue: test: does it leave something to be done in the trial court with respect to the merits of the case? NOTES: Pimentel Does not notice the merits of the case: interlocutory order It court is called upon to issue a resolution or disquisition, of any case addressed at his discretion (ex matter of bail), he cannot be charged with unjust interlocutory order RTC: Cannot issue injunction: -- but the CA and SC may do so o Infrastructure projects o Jobs of customs people o Natural reserves Inexcusable negligence or ignorance Suspension: penalty for a criminal action, not administration ! ! Art. 207. Malicious delay in the administration of justice. The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. NOTES: Reyes Elements o Judge o There is a proceeding in his court o Delays the administration of justice o Delay is malicious NOTES: Pimentel Judge is taking his time to solve the case: justice delayed is justice denied is it always true? Almost always Bad faith or malice on judges part: prima facie evidence of malicious delay of the administration of justice Good/valid reasons for delay its okay, its alright Mere granting of postponement is NOT malicious until there is bad faith

Judgment is unjust contrary to law, or not supported by evidence and/or law o Judge knows that his judgment is unjust Sources of unjust judgment o Error o Ill-will or revenge o Bribery Unjust judgment is not presumed, must have evidence NOTES: Pimentel Judge sentenced someone who caused serious physical injuries to death. Is it unjust judgment? No. a circular in the SC cases against judges: basis: principle the thing speaks for itself o Before any criminal action before the ombudsman. He cannot investigate judges. Must be done through an independent body and the SC must determine prima facie cause for him to be investigated; otherwise its dismissed o If any person may sue a judge, it will open the flood gates against judges Law contemplates evident bad faith If against morals not unjust judgment If against existing law unjust judgment

Art. 205. Judgment rendered through negligence. Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. NOTES: Reyes Elements o Judge o Judgment in a case submitted to him for decision o Manifestly unjust o Inexcusable negligence or ignorance meaning: that even a person having a meager knowledge of the law cannot doubt the injustice Abuse of discretion or mere error of judgment is not punishable NOTES: Pimentel Judge is ignorant of the law, rules and jurisprudence No more official gazette --> judges get a copy of the SC cases a year late. Must make sure that the judge was furnished with the copy of the laws, rules, cases, etc.

Art. 206. Unjust interlocutory order. Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. NOTES: Reyes Elements: o Judge o Performs either

Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses. NOTES: Reyes Acts punishable o Maliciously refraining from instituting prosecution against violators of the law o Maliciously tolerating the commission of offenses officers of the law all those who by reason of the position held by them, are duty-bound to cause the prosecution and punishment of the offenders crime must be proved before conviction for dereliction

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liability of public officer in this article are principal in the crime of dereliction of duty in the prosecution of offenses NOT applicable to revenue officers NOTES: Pimentel Fiscal = prosecutor: not bound to prosecute of his belief that there is a lack of evidence or no evidence against the person and that justice is done. They are not bound to prosecute all the time Criminal intent is needed Laws is for public officer or officer of the law

Art. 209. Betrayal of trust by an attorney or solicitor. Revelation of secrets. In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. NOTES: Reyes Acts punishable o Causing damage to his client, either (damage is necessary) ! Malicious breach of professional duty ! Inexcusable negligence or ignorance o Revealing any of the secrets of his client learned by hom in his professional capacity (damage is not necessary) o Undertaking the defense of the opposing party in the same case without the consent of his first client NOTES: Pimentel Confusion in solicitor: it means that those allowed to practice law in the first level courts municipal and city courts. Never finished law school or took the bar --> rules of court Non-lawyer allowed to practice and within the article --> Students who finished 2nd year under supervision

Section Two. Bribery

Art. 210. Direct bribery. Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been

accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less than twice the value of such gift. If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine [of not less than the value of the gift and] not less than three times the value of such gift. In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification. The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 872, June 10, 1985). NOTES: Reyes Acts punished in direct bribery o Agreeing to perform, or by performing, in consideration of any offer, promise, gift or present an act constituting a crime, in connection with the performance of his official duties o Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty o Agreeing to refrain or by refraining from doing something which it is his official duty to do, in consideration of gift or promise Elements of direct bribery o Offender is a public officer within the scope of Art 203 o Accepts an offer or a promise or receives a gift or present by himself or through another o Offer or promise be accepted, or gift or present received by the public officer ! To commit some crime ! In consideration of the execution of an act which does not constitute a crime, but the act must be unjust ! To refrain from doing something which it is his official duty to do o Agrees to perform or which he executes to be connected with the performance of his official duties Gift is either: o Voluntarily offered by the private person (to corrupt) o Solicited by a public officer Prevaricacion distinguished from bribery o 3rd form of bribery is the same as prevaricacion refraining from doing something o difference: omission is in consideration of a gift received; this is not present in prevaricacion NOTES: Pimentel necessary to receive consideration/gift in exchange of performance/function WON amounting to a crime or not? Or mere agreement sufficient? Agreement without execution, is it punishable? There must be execution, without it, theres desistance (an absolutory cause) Has 3 stages: the one bribing need not be part of execution, nor in his favor

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Offers or promises are made or the gifts given to a public officer under circumstances that will make the public officer liable for direct bribery or indirect bribery. NOTES: Pimentel - nothing o

If the one bribing agrees to testify against the public officer who accepted the bribe is an absolutory cause

Art. 211. Indirect bribery. The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985). NOTES: Reyes Elements o Public officer o Accepts gift o Offered to him by reason of his office There is no attempted or frustrated indirect bribery Direct and indirect bribery distinguished o Both: public officer receives the gift o DB: agreement; ID: no such agreement exists o DB: acceptance of gift + act; ID: act not necessary, accepting the bribe is sufficient NOTES: Pimentel Different with direct bribery: gift is given by reason of his office (but in the expectation of future favor which may be given Not everything received by reason of office is indirect bribery: a token gift from a diplomat for example

Art. 211-A Qualified Bribery if any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. NOTES: Reyes Elements: o Public officer entrusted with law enforcement o Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death o Offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present NOTES: Pimentel Public officer asks/demands gift/present: death

Art. 212. Corruption of public officials. The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. NOTES: Reyes Elements: o Offender makes offers or promises or gives gifts or presents to a public officer

Chapter Three FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Art. 213. Frauds against the public treasury and similar offenses. The penalty of prision correccional in its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who: 1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government; 2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions: (a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law. (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially. (c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law. When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied. NOTES: Reyes Acts punishable o Entering into an agreement with any interested party or speculator or makig use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds o By demanding the payment of sums different from or larger than those authorized by law, in the collection of taxes licenses, fees, and other imposts o By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other impoststs o By collecting or receiving by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts Elements of frauds against public treasury o Public officer o Taken advantage of his office; he intervened in the transaction in his official capacity o Entered into an agreement with any interested party or spculator or made use of any other scheme with regard to ! Furnishing supplies

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Art. 215. Prohibited transactions. The penalty of prision correccional in its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. NOTES: Reyes Elements o Appointive public officer o Becomes interested, directly or indirectly, in any transaction of exchange or speculation o Transaction takes place within the territory subject to his jurisdiction o Becomes interested in the transaction during his incumbency Purchasing of stocks or shares in a company is simply an investment and not a violation of this article Buying regular securities for resale is speculation NOTES: Pimentel Public bidding SEC Stock exchange Dante Tan

Making of contracts; or Adjustment or settlement of accounts relating to public property or funds o Accused had intent to defraud the government Elements of illegal exactions o Public officer entrusted with the collection of taxes, licenses, fees and other imposts o Guilty of any of the following: ! Demanding directly or indirectly the payment of sums of different from or larger than those authorized by law ! Failing to voluntarily to issue a receipt as provided by law for any sum of money collected by him officially ! Collecting or receiving directly or indirectly by way of payment or otherwise things or objects of nature different from that provided by law Mere demand for larger sum is sufficient When there is deceit in demanding greater fees than those prescribed by law, the crime committed is estafa and not illegal exaction Officer or employee of Bureau of Internal Revenue or Bureau of Customs are not covered by this article NOTES: Pimentel Frauds against public treasury o Execution of contracts o Harboring of supplies, etc o Short changing Illegal extractions o Public officer or employee of the collection of fees, licenses and other imposts in different amount provided by law o Failing to voluntarily issue a receipt in collection when capable of giving receipts o Collecting or receiving by way of payment other things or objects of a nature different from that provided by law

! !

Art. 214. Other frauds. In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds or deceits enumerated in said provisions. NOTES: Reyes Elements o Public officer o Takes advantage of his official position o Commits any of the frauds or deceits enumerated in arts. 315 to 318 or estafa, other forms of swindling, swingling a minor and other deceits RTC has jursidiction NOTES: Pimentel no crime comes into mind as other frauds

Art. 216. Possession of prohibited interest by a public officer. The penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene. This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate. NOTES: Reyes Who are liable for possession of prohibited interest? o Public officer, who directly or indirectly became interested in any contract or business in which it was his official duty to intervene o Experts, arbitrators, and private accountants, who in like manner took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted o Guardians and executors with respect to the property belonging to their wards or the estate Actual fraud is necessary Intervention must be by virtue of public office held NOTES: Pimentel RA3019 Council has the duty to intervene in contracts involving municipality District engineer has the right to intervene in procurement of construction supplier, but may violate law in not having actual biddings; shows undue interest and liable for anti-graft and corruption practices act.

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Chapter Four MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of malversation. Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer: 1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos. 2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos. 3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos. 4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua. In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled. The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. (As amended by RA 1060). NOTES: Reyes Embezzlement = malversation Acts punishable in malversation o Appropriating public funds or property o Taking or misappropriating the same o Consenting, or through abandonment or negligence, permitting any other person to take such public funds or property o By being otherwise guilty of the misappropriation or malversation of such funds or property Penalty for malversation is the same WON there was malice, negligence or imprudence Elements common to all acts of malversation o Public officer o Had the custody or control of funds or property by reason of the duties of his office o Those funds or property were public funds or property for which he was accountable o He appropriated, took, misappropriated, or consent or through abandonment or negligence permitted another person to take them

Nature of the duties of the public officer, not the name of the office, is controlling A public officer having only a qualified charge of government property without authority to part with physical possession of it unless upon order from his immediate superior, cannot be held liable for malversation Private individuals are liable for malversation under art. 222 Lack of criminal intent, or good faith is a defense against malversation Presumption (of malversation) from failure to have duty forthcoming public funds or property upon demand; may be rebutted if shown that he did not put the missing funds or property to personal uses Return of funds malversed is only mitigating When the shortage is paid by public officer from his pocket, he is not liable for malversation Borrowing money to replace missing funds: o When one does not satisfactorily explain why the missing funds in someone elses hands, instead of his own: presumption of malversation o If one borrows money to replace the missing funds, but later on the missing funds are discovered, there is no presumption Demand not necessary for malversation A person whose negligence made possible the commission of malversation by another is held as principal by indispensable cooperation in the complex crime of malversation through falsification of a public document by reckless negligence (Javier v. People) Damage against government is not necessary NOTES: Pimentel Malversation is different from technical malversation (art. 217); the latter need not cause damage No need to prove damages to the government in technical malversation; hence, its a mere act of public employee Negligence: one must exercise due diligence of a good father Estafa: deceit is used, other means, misrepresentations etc. Is realignment of funds tantamount to technical malversation? o Realignment of funds: allocated to congressmen; realignment of said funds o Technical malversation to be non-criminal (transferred project to another place without permission) with approval of council; if not, its invalid; accepted if good faith or exigent circumstances best interest doctrine (like during natural calamities) Malversation as an absolutory clause upon presentation of property Accountable officers depends on the nature of the office. For example a cashier in a Lto office Can janitors be liable for malversation? Yes, in so far as janitorial materials owned by the office are concerned Can policemen be liable for malversation? Yes. If he, for example, sells the gun issued to him by the PNP Theft v Malversation o Theft: property not with offender

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NOTES: Reyes Elements o o o o Public officer There is public funds or property under his administration Such fund or property has been appropriated by law or ordinance He applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance Illegal use of public funds v. malversation o Offenders are accountable public officers in both crimes o IUPF: no personal gain; M: there is personal gain o IUPF: applied for another public use; M: personal use NOTES: Pimentel-- nothing

Malversation property has already been contested and in custody of offender

Art. 218. Failure of accountable officer to render accounts. Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both. NOTES: Reyes Elements o Public officer, whether in the service or separated therefrom o An accountable officer for public funds or property o Required by law or regulation to render accounts to the commission on audit, or to a provincial auditor o Fails to do so for a period of 2 months after such accounts should be rendered Demand for accounting nor misappropriation are not necessary NOTES: Pimentel Public officer/employee who is resigned or in service Appropriation: take property for personal gain Misappropriation: take property, wasted property, misapplied, or applied use not authorized by law

Art. 219. Failure of a responsible public officer to render accounts before leaving the country. Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both. NOTES: Reyes Elements o Public officer o Accountable officer for public funds or property o Have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled NOTES: Pimentel How about lawfully leaves but didnt issue a certificate? not liable

Art. 221. Failure to make delivery of public funds or property. Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay. This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos. NOTES: Reyes Acts punishable o Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession o Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration Elements o That public officer has government funds in his possession o Under obligation to make payment from such funds o Fails to make the payment maliciously NOTES: Pimentel If whats involved is money, should there be demand? No IF property, yes. Art. 222. Officers included in the preceding provisions. The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or property and to any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual. NOTES: Reyes Private individuals who may be liable o In any capacity whatever, have charge of any national, provincial, or municipal funds, revenue or property o Administrator or depository of funds or property, attached, seized or deposited by public authority, even if such property belongs to a private individual

Art. 220. Illegal use of public funds or property. Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification. If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied.

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Purpose of article: to extend the coverage of malversation to private individuals Sheriffs and receivers fall under the term administrator Judicial administrator not covered in this article Private property is included, provided it is (1) attached, (2) seized, or (3) deposited by public authority NOTES: Pimentel -- nothing

Chapter Five INFIDELITY OF PUBLIC OFFICERS

Section One. Infidelity in the custody of prisoners

NOTES: Reyes Elements o Public officer o Charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment o Such prisoner escapes through his negligence The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete expulpation Liability of escaping prisoner o If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of the service of the sentence under art 157 o If the fugitive is only a detention prisoner, he does not incur criminal liability NOTES: Pimentel Negligence: positive carelessness short of deliberate non-performance of his duties Art. 225. Escape of prisoner under the custody of a person not a public officer. Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer. NOTES: Reyes Elements o Private person o The conveyance or custody of a prisoner or person under arrest is confided to him o Prisoner or person under arrest escapes o Offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence NOTES: Pimentel -- nothing Section Two. Infidelity in the custody of document Art. 226. Removal, concealment or destruction of documents. Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer: 1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest. 2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious. In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed. NOTES: Reyes Elements o Public officer o He abstracts, destroys or conceals documents or papers

Art. 223. Conniving with or consenting to evasion. Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished: 1. By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty. 2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance. NOTES: Reyes Elements o Public officer o Had in his custody or chage, a prisoner, either detention prisoner or prisoner by final judgment o Such prisoner escaped from his custody o Was in connivance with the prisoner in the latters escape Classes of prisoners involved o Fugitive (sentenced by final judgment to any penalty) o Detention prisoner for any crime or violation of law or municipal ordinance A detention prisoner is a person in legal custody, arrested for, and charged with, some crime or public offense Release of detention prisoner who could not be delivered to the judicial authority within the time fixed by law, is not infidelity in the custody of prisoner Detention prisoner: Leniency or laxity is not infidelity Relaxation of imprisonment is considered infidelity NOTES: Pimentel Connivance: the police lets the prisoner go home and he tells the latter bring us some food ah! Gusto ko skweed

Art. 224. Evasion through negligence. If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification.

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o These papers or property are sealed by proper authority o He breaks the seal or permits them to be broken Damage or intent to cause damage is not necessary NOTES: Pimentel Ballot boxes and election returns has the COMELEC seal Art. 228. Opening of closed documents. Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos. NOTES: Reyes Elements o Public officer o That any closed papers, documents or objects are entrusted to his custody o He opens, or permits to be opened said closed papers, documents or objects o That he does not have proper authority custody guarding or keeping safe; care Damage or intent to cause damage is not an element of the offense NOTES: Pimentel Clerk of Court cant open package of a closed document containing the testimony even if addressed to him; needs a hearing for it to be opened. Counsels will count the pages and pare if its the same, etc Section Three. Revelation of secrets Art. 229. Revelation of secrets by an officer. Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed. NOTES: Reyes Acts punishable & their respective elements o Revaling any secrets known to the offending public officer by reason of his official capacity ! Public officer ! Knows of a secret by reason of his official capacity ! Reveals such secret without authority or justifiable reasons ! Damage, great or small, be caused to the public interest ! NOTE: espionage is not contemplated in this article NOT secrets of private individuals o Delivering wrongfully papers or copies of papers of which he may have charge and which should not be published

Said documents or papers should have been entrusted to such public officer by reason of his office o Damage, whether serious or not, to a third party or to the public interest should have been caused. Document must be complete and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets, etc. are NOT documents Post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Infidelity in the custody of document, distinguished from malversation and falsification Acts punishable in infidelity in the custody of documents o Removing o Destroying o Concealing, documents or papers officially entrusted to the offending public officer Removal must be for illicit purposes The removal is for an illicit purpose when the intention of the offender is o To tamper with it o To profit from it o To commit an act constituting a breach of trust in the official case thereof When deemed consummated: upon its removal or secreting away from its usual place in the office and after the offender had gone out and locked the door, it being immaterial whether he has or has not actually accomplished the illicit purpose for which he removed said document Infidelity in the custody of document by destroying or concealing it, does not require proof of illicit purpose Delivering document to the wrong party is infidelity in the custody thereof When does the 4th element exist: o Whenever serious damage is caused thereby to a third party or to the public interest o Whenever the damage cause to a third party or to the public interest is not serious NOTES: Pimentel Are disks, CDs, CPUs, etc considered documents? Due to the Electronic Evidence Law and E-Commerce Law yes. Letter of witness who cannot go to court can Clerk of Court immediately open closed/sealed document? No, he must wait for schedule for opening it via hearing in the presence of both parties.

Art. 227. Officer breaking seal. Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos. NOTES: Reyes Elements o Public officer o Charged with the custody of papers and property

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penalties of arresto mayor in its medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos. NOTES: Reyes Elements o Offender is a judicial or executive officer o There is a judgment, decision, or order of a superior authority o Such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities o Offender without any legal justification openly refuses to execute the said judgment, decision or order which he is duty bound to obey NOTES: Pimentel - nothing Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification. NOTES: Reyes Elements o Public officer o Order is issued by his superior for execution o Has for any reason suspended the execution of such order o Superior disapproves the suspension of the execution of the order o Offender disobeys his superior despite the disapproval of the suspension Rationale: superiors can make mistakes in their orders; and subordinates may suspend its execution; however, upon reiterating that the order is correct, the subordinate has no other option but to execute it. Article does not apply if superior is illegal NOTES: Pimentel -- nothing

Public officer Has charge of papers Those papers should not be published Delivers those papers or copies thereof to a 3rd person Delivery is wrongful Damage be caused to public interest. NOTE: Infidelity in the custody of document or papers by removing the same -- if the papers contain secrets and therefore should not be punished and the public officer having charge thereof removes and delivery them wrongfully to a 3rd person, the crime is revelation of secrets by a public officer; if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents Damage is an element of the offenses NOTES: Pimentel Example: stenographer, typist, clerk, etc. orders and resolutions are confidential until the judge authorizes its release Crime: o Revealing of secret o Document not due for publication, wrongful delivery must be tainted with malice or bad faith, not an accident

! ! ! ! ! ! !

Art. 230. Public officer revealing secrets of private individual. Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. NOTES: Reyes Elements: o Public officer o Knows of the secrets of a private individual by reason of his office o Reveals such secrets without authority or justifiable reason. Revelation to another person is sufficient, no need for public revelation When offender is an attorney-at-law or solicitor, article is not applicable Damage to private individual is not necessary NOTES: Pimentel Libel Relevant for example to the Lotto winner PCSO cannot reveal the name of the winner Public officers are liable, not private individuals

Chapter Six OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the

Art. 233. Refusal of assistance. The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed. NOTES: Reyes Elements o Public officer o Competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service o Offender fails to do so maliciously upon demand from competent authority there must be a demand from competent authority. Hence if the chief of police receives from a private party a

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Public officer must have actual charge of the prioner to hold him liable for maltreatment of prisoner To be a detention prisoner, the person arrested must be placed in jail even for a short while Offender may also be liable for physical injuries or damage caused NOTES: Pimentel Constitutional prohibition on solitary confinement Such maltreatment or admission is prohibited by law Section Two. Anticipation, prolongation and abandonment of the duties and powers of public office. Art. 236. Anticipation of duties of a public office. Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos. NOTES: Reyes Elements o Offender is entitled to hold a public office or employment either by election or appointment o Law requires that he should first be sworn in and/or should first give a bond o Assumes the performances of the duties and powers of such office o He has not taken his oath of office and/or given the bond required by law NOTES: Pimentel Different if elected official; covered in a different article Art. 237. Prolonging performance of duties and powers. Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos. NOTES: Reyes Elements o Offender is holding a public office o The period provided by law, regulations or special provisions for holding such office, has already expired o He continues to exercise the duties and powers of such office Officer contemplated: a public officer who has been suspended, separated, declared overaged, or dismissed cannot continue to perform the duties of his office NOTES: Pimentel hold over without legal justification when legal: term of chief of staff extended by the president; president appointees extended by president with justification Public officer who doesnt want to leave office

subpoena, issued by a fiscal, with a request to serve it upon a person to be a witness, and the chief of police maliciously refuses to do so, the latter is NOT liable Is damage necessary? Yes, there must be damage to public interest or 3rd paty NOTES: Pimentel Police tasked by court to serve subpoena For example, the place where the subpoena is to be delivered is a dangerous place

Art. 234. Refusal to discharge elective office. The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. NOTES: Reyes Elements o Offender is elected by popular election to public office o Refuses to be sworn in or to discharge the duties of said office o No legal motive for such refusal to be sword in or to discharge of said duties Examples of justified refusal to be sworn in underage and disqualified Rationale of article: once an individual is elected to an office by the will of the people, the discharge of the duties of said office becomes a matter of duty, not only a right. NOTES: Pimentel Accused deceived the people without justifiable reason

Art. 235. Maltreatment of prisoners. The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner. If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused. NOTES: Reyes Elements o Offender is a public officer or employee o Under his charge a prisoner or detentio prisoner o Maltreats such prisoner in either of the following manners: ! Overdoing himself in the correction or handling of a prisoner/detention prisoner under his charge Imposition or punishments NOT authorized by the regulations, or Inflicting such punishments (authorized) in a cruel and humiliating manner ! Maltreating such prisoner to extort a confession or to obtain some information from the prisoner

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legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof. NOTES: Reyes Elements o Offender is an executive or judicial officer o He: ! Makes general rules or regulations beyond the scope of his authority ! Attempts to repeal a law ! Suspends the execution thereof NOTES: Pimentel How about courts? Annulment. Psychological incapacity : Molina case; SC required the conditions, rules of procedure, practice of law: the SC may suspend, amend, modify and disregard rules. Molina more procedural and not substantive Investigation: to see probably cause. If administrative lapse, then sanctioned administratively; SC will not recommend prosecution of judge Art. 240. Usurpation of executive functions. Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. NOTES: Reyes Elements o Offender is a judge o He: ! Assumes a power pertaining to the executive authorities ! Obstructs the executive authorities in the lawful exercise of their powers Legislative officers are not liable for usurpation of powers. Only a judge can commit usurpation of executive functions in this article. If a councilor assumes the mayors position, he is liable under Art. 177 Usurpation of authority or official functions. NOTES: Pimentel Most likely committed by: former politicians, not judges

Art. 238. Abandonment of office or position. Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor. If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime. NOTES: Reyes Elements o Offender is a public officer o Formally resigns from his position o His resignation has not yet been accepted o He abandons his office to the detriment of the public service There must be a written or formal resignation When qualified: o When abandonment is to evade the discharge of the duties of preventing, prosecuting, or punishing any of the crimes within Title One, and Chapter One of Title Three of Book Two of the RPC the penalty is higher o Title One, and Chapter One of Title Three of Book Two of the RPC, are: treason, conspiracy and proposal to commit treason, misprision of treason, espionage, inciting to war or giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemy country, piracy and mutiny, rebellion, coup detat, conspiracy and proposal to commit coup detat or rebellion, disloyalty of public officers, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition Abandonment (art 238) v. negligence and tolerance in prosecution of offenses (Art. 208) o A done by any public officer; N public officers who have the duty to institute prosecution o A done to evade the charges of his duty; N no abandonment but fails to prosecute an offense by dereliction of duty or malicious tolerance of the commission of offenses NOTES: Pimentel Must have filed a resignation first If just abandonment administrative liability unless connected to criminal liability ex. Bribery Public officer/employee is accepted --> to detriment to public service Aggravating when offender abandons is due to refusal to prosecute in crime of national security and public order Art. 241. Usurpation of judicial functions. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction. NOTES: Reyes Elements o Offender is an officer of the executive branch of the government o He: ! Assumes judicial powers ! Obstructs the execution of any order or decision rendered by any judge within his jurisdiction

Section Three. Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the

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Offender is a public officer He nominates or appoints a person to a public office Such person lacks the legal qualifications thereof Offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment To nominate is not the same as to recommend; hence recommending is not a crime person lacking the legal qualifications presupposes that there is a law providing for the qualifications of a person to be nominated/appointed NOTES: Pimentel appointment or nomination like those related to; Nepotism 4th civil degree of consanguinity only if they know of the disqualification Section Four. Abuses against chastity Elements o o o o

Example: Mayor investigating a case while justice of the peace is in the municipality Purpose of Art. 239 241: to maintain the separation and independence of the 3 departments of the government NOTES: Pimentel For example: sheriff handling demolition Up to July 31, 1964 before the new rules of court: mayors had the power to issue warrant of arrest; if no judge is in town/absent from post. Possibility of flight of suspect is great, municipal mayor may conduct a preliminary nivestigation of witnesses this power was taken away in 1964

Art. 242. Disobeying request for disqualification. Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. NOTES: Reyes Elements o Public officer o Proceeding is pending before such public officer o There is a question brought before the proper authority regarding his jurisdiction which is not yet decided o Has been lawfully required to refrain from continuing the proceeding o He continues the proceeding NOTES: Pimentel Where will you bring the issue of jurisdiction? Public officer/employee or another forum? o May file for certiorari o Accused may refrain from citing the case till jurisdiction is settled

Art. 243. Orders or requests by executive officers to any judicial authority. Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos. NOTES: Reyes Elements o Offender is an executive officer o Addresses any order or suggestion to any judicial authority o Order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Rationale: to keep the independence of the judiciary Legislative or judicial officers are not liable under this article NOTES: Pimentel Includes DOJ giving suggestions because which ever way the suggestion goes. Even legal advisor is not exempted

Art. 244. Unlawful appointments. Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos. NOTES: Reyes

Art. 245. Abuses against chastity; Penalties. The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: 1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; 2. Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. NOTES: Reyes Elements o Public officer o Solicits or makes immoral or indecent advances to a woman o Woman must be: ! Interested in matters pending before the offender for decision or with respect to which he is required to submit a report to or consult with a superior officer ! Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest, or ! The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender o NOTE: mother of the person in the custody of the offender is NOT included solicit to propose earnestly and persistently something unchaste and immoral to a woman advances must be immoral or indecent

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this crime is consummated by mere proposal proof of solicitation is not necessary when there is sexual intercourse NOTES: Pimentel difference of paragraph 1 and sexual harassment: o SH: workplace in relation to work/applicant admitted accepted as employee o SH: educational institution o SH: 2 cases in sexual harassment law Title Eight

CRIMES AGAINST PERSONS

Chapter One DESTRUCTION OF LIFE

Section One. Parricide, murder, homicide

Art. 246. Parricide. Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. NOTES: Reyes Elements o a person is killed o deceased is killed by the accused o the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant or the legitimate spouse of the accused Relationship of the offender with the victim is an essential element of the crime Father, mother or child may be legitimate or illegitimate The chid must not be less than 3 days old otherwise its infanticide Relationship must be alleged. If not alleged it must be considered aggravating Parricide may be committed through reckless imprudence Knowledge of relationship is not necessary to commit parracide Cases wherein parricide is not punished with reclusion perpetua to death o Committed through negligence (Art. 365) o Committed by mistake (Art. 249) o Committed under exceptional circumstances (Art. 247) NOTES: Pimentel Knowledge of relation is not necessary Parricide is based on blood relationship except for spouse Adopted children/parent included? No. their relationship is by legal fiction, unless adopted their child.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents. Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. NOTES: Reyes Requisites for the application of Art. 247 o Legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person. o He or she kills any or both of them or inflicts serious physical injuries in the act or immediately thereafter o Hs not promoted or facilitated the prostitution of his wife or daughter or that he or she has not consented to the infidelity of the other spouse o Art. 247 does not define and penalize a felony The law says spouse hence can be done by husband or wife Must the child be legitimate the law does not distinguish Must the daughter be single though there is nothing to distinguish, the law says under the age of 18 meaning the daughter is under parental authority and may not marry Law not applicable when the spouses did not see the sexual intercourse. But it is enough that the circumstances show reasonably that the carnal act is being committed or has just been committed sexual intercourse must be the act itself, not just preparatory acts immediately thereafter one must consider circumstances. If the spouse could not kill the 2 having sex because one of them had a weapon then revocation an hour later is considered immediately thereafter. Killing must be the direct by-product of the accuseds rage Rationale: sudden bust of passion upon seeing the sexual act done to another. No criminal liability when less serious or slight physical injuries are inflicted Banishment not intended as a penalty; rather destierro is intended to remove the killer spouse from the vicinity and to protect him or her from acts of reprisal principally by relatives of the deceased spouse NOTES: Pimentel - nothing Art. 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. 2. In consideration of a price, reward, or promise. 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship,

Art. 247. Death or physical injuries inflicted under exceptional circumstances. Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

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murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50. The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes. NOTES: Reyes Courts may impose a penalty 2 degrees lower for frustrated parricide, murder or homicide; and 3 degrees lower for attempted An attempt on, or conspiracy against, the life of the president, etc. is punishable by death NOTES: Pimentel -- nothing

by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. 5. With evident premeditation. 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. NOTES: Reyes Elements o A persona was killed o The accused killed him o Killing was attended by any of the qualifying circumstances mentioned o Killing is not parricide or infanticide NOTES: Pimentel Armed men: accused depends on armed men, if victim tries to fight back; impression given to victim: any armed person will give assistance to offender Use of vehicle: qualifying when: o Instrument to commit a crime (hit and run) o Used as a means of escape o Facilitate the crime

Art. 249. Homicide. Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. NOTES: Reyes Elements o Person was killed o Accused killed him without any justifying circumstance o Accused had the intention to kill which is presumed o Killing was not attended by any of the qualifying circumstances or murder, or by that of parricide or infanticide Homicide unlawful killing of any person, which is neither parricide, murder of infanticide Penalty shall be one degree higher if victim is below 12 years old Degree of proof: beyond reasonable doubt Intent presumed in consummated homicide; but needs to be proven in attempted and frustrated stages Accidental homicide the death of a person brought about by a lawful act performed with proper case and skill, and without homicidal intent Corpus delicti means the actual commission of the crime charged; crime was actually perpetuated and does not refer to the body of the murdered person NOTES: Pimentel -- nothing

Art. 250. Penalty for frustrated parricide, murder or homicide. The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide,

Art. 251. Death caused in a tumultuous affray. When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor. If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim. NOTES: Reyes Elements o There be several persons o They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally o These several persons quarreled and assaulted one another in a confused and tumultuous manner o Someone was killed in the course of the affray o It cannot be ascertained who actually killed the deceased o The persons or person who inflicted serious physical injuries or who used violence can be identified Tumultuous affray exists when at least 4 persons took part o several in art. 251 means more than 2 but not very many. o tumultuous used in art 153 means the disturbance is caused by more than 3 persons who are armed or are provided with means of violence when there are 2 groups of men who assaulted each other, then there is no tumultuous affray when there was confusion in the fight and the person who inflicted the wounds could not be identified, the crime is death caused in a tumultuous affray article does not include a situation wherein one who inflicted the fatal wound is known. Art 249 is then applicable in this case who are liable for tumultuous affray o person or persons who inflicted the serious physical injuries if it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability NOTES: Pimentel -- nothing

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Pregnant woman drinks poison but fetus dies, is there criminal liability? No. suicide is not a felony. More so attempted suicide. The abortion of the fetus would be criminally liable if violence were used, not poison Assistance to suicide is different from mercy-killing: Euthanasia o the practice of painlessly putting to death a person suffering from some incurable disease not lending assistance to suicide. The person killed does not want to die. Doctor who resorts to mercy-killing of his patient may be liable for murder. NOTES: Pimentel - nothing Art. 254. Discharge of firearms. Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code. NOTES: Reyes elements o offender discharges a firearm against or at another person o offender has no intention to kill that person firing a gun against the house of the offended party at random not knowing in that part of the house the people inside were, is only alarm under art. 155 there must be no intention to kill the purpose of the offender is only to intimidate or frighten the offended party complex crime of illegal discharge of firearm with serious or less serious physical injuries the crime of discharge of firearm, even if the gun was not pointed at the offended party when it fired, as long as it was initially aimed by the accused at or against the offended party NOTES: Pimentel - nothing Section Two. Infanticide and abortion. Art. 255. Infanticide. The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor. NOTES: Reyes infanticide killing of any child less than 3 days of age WON the killer is the parent or grandparent, any other relative of the child or stranger elements o a child was killed o the deceased child was less than 3 days (72 hours) of age o accused killed the said child penalty is that for parricide or murder but the name of the crime is infanticide o father, mother or legitimate other ascendant who kills a child suffers the penalty of parricide

Art. 252. Physical injuries inflicted in a tumultuous affray. When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted. When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days. NOTES: Reyes elements o there is a tumultuous affray o participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only o person responsible thereof cannot be identified o all those who appear to have used violence upon the person of the offended party are known unlike the victim in art 251, the injured party in the crime of physical injuries inflicted in a tumultuous affray must be one or same of the participants in the affray penalty is one degree lower than that for the physical injury inflicted only the one who used violence is liable are slight physical injuries included? There is no clear provision for slight physical injuries in a tumultuous affray. What the second paragraph refers to is less serious physical injuries not slight. NOTES: Pimentel -- nothing

Art. 253. Giving assistance to suicide. Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed. NOTES: Reyes acts punishable o assisting another to commit suicide WON the suicide is consummated ! if not consummated, penalty is Arresto mayor in the medium and maximum periods ! penalty is one or two degrees lower where the assistance of the offender consists in performing acts to do the killing himself, should be imposed, depending upon whether it is frustrated or attempted suicide. o lending his assistance to another to commit suicide to the extent of doing the killing himself penalty for giving assistance to suicide if the offender is the father, mother, child or spouse is the one committing suicide - this article does not distinguish and does not make any reference to the relation of the offender with the person committed suicide. The one who attempts suicide is not criminally liable

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Art. 257. Unintentional abortion. The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. NOTES: Reyes elements o There is a pregnant woman o Violence is used upon pregnant woman without intending an abortion o Violence is intentionally exerted o Result of violence, the foetus dies, either in the womb or after having been expelled therefrom Unintentional abortion is ONLY done through violence, intentionally exerted There is jurisprudence to show that it can be committed through imprudence (people v jose) What if the person didnt know that the woman is pregnant? US v Jeffrey, yes he is liable even if pregnancy is not obvious Complex crime o homicide with unintentional abortion o parricide with abortion no intention to cause abortion, no violence no liability NOTES: Pimentel example: unintentional abortion results through reckless imprudence. It is the imprudence that is being punished. Art. 258. Abortion practiced by the woman herself of by her parents. The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods. If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods. NOTES: Reyes elements o there is a pregnant woman who has suffered an abortion o abortion is intended o abortion is caused by ! pregnant woman herself ! other person, with her consent ! any of her parents, with her consent for the purpose to conceal her dishonor liability of pregnant woman is mitigated if the purpose is to conceal dishonor. No mitigating factor for parents of the pregnant woman NOTES: Pimentel - nothing Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. The penalties provided in Article 256 shall be imposed in its maximum period, respectively,

o other person, to suffer murder mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor (dishonor pertaining something along the lines of the baby being illegitimate + being excited and obfuscated by the fear of her dishonor) rationale for the mitigating circumstance: something pertaining to the dishonor mentioned above to claim dishonor, the mother has to have a good reputation if a stranger cooperates with the mother to hide the dishonor, he may be charged with infanticide but the penalty is murder NOTES: Pimentel different from parricide right of succession needs at least 48 hours conceal her dishonor must be her from her own locality

Art. 256. Intentional abortion. Any person who shall intentionally cause an abortion shall suffer: 1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman. 2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman. 3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented. NOTES: Reyes abortion willful killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus ways of committing intentional abortion o any violence upon the person of the pregnant woman o acting but without using violence without the consent of the woman (by administering drugs or beverages upon the pregnant woman without her consent) o acting with the consent of the pregnant woman elements of intentional abortion o there is a pregnant woman o violence is exerted or drugs or beverages administered or that the accused otherwise acts upon such pregnant woman o that as a result of the use of violence or drug or beverages upon her, or any other act of the accused, the foetus dies either in the womb or after having been expelled therefrom o that the abortion is intended. Who are liable o Person who intentionally cause the abortion art 256 o Woman if she consented art 258 o If the woman did not consent, she is not liable Difference of abortion and infanticide o I: foetus could sustain an independent life after its separation from the maternal womb o A & I: killed NOTES: Pimentel - nothing

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If results to death = homicide Must the penalty be that for physical injuries only when the agreement is to fight to the death o Art 260 makes no distinction o General principle: when there is intent to kill, inflicting physical injuries is either attempted or frustrated homicide o Fight to the death = intent to kill; however the Code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted upon the adversary Penalty o No physical injuries = arresto mayor o Physical injuries only = penalty of whatever nature is inflicted o Slight physical injuries = arresto menor NOTES: Pimentel Duel its a formal not just organized. The participants decide on what weapon to use, time, place of duel, etc.

upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. NOTES: Reyes elements o there is a pregnant woman who has suffered an abortion o abortion is intended o the offender who must be a physician or midwife causes or assists in causing the abortion o said physician or midwife takes advantage of his or her scientific knowledge or skill penalty of physician or midwife is intentional abortion in the maximum period rational for maximum period: they incur a heavier guilt in making use of their knowledge for the destruction of human life when it should be for its preservation pharmacists, the elements are o offender is a pharmacist o no proper prescription from a physician o offender dispenses any abortive is it necessary for the pharmacist knows the intention of the use? The law does not require it. It is also not necessary that the abortive be used if given without prescription. See RA No. 4729 which regulates the sale, dispensation and/or distribution of a contraceptive drugs and devices. NOTES: Pimentel Pharmacist is different from a pharmacologist-chemist Art. 261. Challenging to a duel. The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. NOTES: Reyes Acts punished o Challenging another to a duel o Inciting another to give or accept a duel o Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable o Challenger o instigators NOTES: Pimentel spontaneous desistance = no criminal liability Chapter Two PHYSICAL INJURIES Art. 262. Mutilation. The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods. NOTES: Reyes mutilation lopping or the clipping off of some part of the body. 2 kinds: o intentionally mutilating another by depriving him either totally or partially, of some essential organ for reproduction o intentionally making other mutilation, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction to deprive him of that part of his body elements of the FIRST type

Section Three. Duel

Art. 260. Responsibility of participants in a duel. The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel. If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature. In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted. The seconds shall in all events be punished as accomplices. NOTES: Reyes Duel formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the conditions of the fight Acts punishable o Killing ones adversary in a duel o Inflicting upon such adversary physical injuries o Making a combat although no physical injuries have been inflicted Who are liable o Persons who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as principals o Seconds, as accomplices

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there be castration mutilation of organs necessary for generation (penis or ovarium) o mutilation is caused purposely and deliberately to deprive the offended party of some essential organ for reproduction Mayhem is another intentional mutilation Penalty for intentional mutilation under 12 years old: one degree higher than that imposed by law NOTES: Pimentel Must there be a removal? No. Reconcile with Art. 263 o 262 purpose to cause removal of body part of the victim o 263 results to the loss

Art. 263. Serious physical injuries. Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer: 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days; 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. NOTES: Reyes How crime of serious physical injuries is committed o Wounding o Beating o Assaulting art. 263 o Administering injurious substance May be committed by reckless imprudence or simple imprudence or negligence

What are serious physical injuries o Injured person becomes insane, imbecile, impotent or blind in consequence of the physical injury o When the injured ! Loses the use of speech of the power to hear or to smell, loses an eye a hand, foot, an arm or a leg ! Loses the use of any such member ! Becomes incapacitated for the work in which he was theretofore habitually engaged in consequence of the physical injuries inflicted o When the person injured ! Becomes deformed ! Loses any other member of his body ! Loses the use thereof ! Becomes ill or incapacitated for the performance of the work in which he habitually engaged for more than 90 days, in consequence of the physical injuries inflicted o When the injured becomes will or incapacitated for labor for more than 30 days but must not be more than 90 days as a result of the injury Classes of serious physical injuries o Consequence of the injuries inflicted o Nature and character of the wound inflicted o Proper penalty There must be no intent to kill Physical injuries v attempted and frustrated homicide o Both: infliction of physical injuries; attempted homicide may occur without inflicting injuries though o Physical injuries: no intent to kill; attempted or frustrated, intent is essential impotent inability to copulate if victim is under 12 years of age: 1 degree higher in the penalty blindness o paragraph 1: both eyes o paragraph 2: just one eye loss of hearing: must be both ears; if one only, it is under paragraph 3 loss of use of hand or incapacity of usual work in paragraph 2 must be permanent paragraph 2 pertains to principal members of the body paragraph 3 pertains to any other member which is not a principal member of the body deformity (SKWEED! # and its natural) Jurisprudence says loss of 3 incisors is a deformity but the loss of one isnt. Requisites are: o physical ugliness o permanent and definite abnormality o conspicuous and visible o NOTE: if teeth, it must be irrepairable. Loss of a tooth to be a deformity must impair appearance. NOTE FURTHER: front teeth are not principal members of the body

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Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person. NOTES: Reyes Matters to be noted o Offended party is incapacitated for labor for 10 days or more but not more than 30 days OR needs medical attendance for the same period of time o Physical injuries must not be those described in the preceeding article Qualified less serious physical injuries o A fine not exceeding P500 in addition to Arresto Mayor, shall be imposed for less serious physical injuries: ! There is a manifest intent to insult or offend the injured person ! There are circumstances adding ignominy to the offense o A higher penalty is imposed when the victim is either ! Offenders parents, ascendants, guardians, curators or teachers ! Persons of tank or persons in authority, provided the crime is not direct assault Medical attendance or incapacity is required in less serious physical injuries It is only slight physical injuries when there is no medical attendance or incapacity for labor NOTES: Pimentel - nothing Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury. NOTES: Reyes 3 kinds of slight physical injuries o incapacitated the offended party for labor from 1 to 9 days OR required medical attendance during the same period o which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance o ill-treatment of another by deed without causing any injury NOTE: some hours after the 9th day does not = 10 days Examples of paragraph 2: black eye When there is no evidence of actual injury, it is only slight physical injury Example of slight physical injury by ill-treatment: slapping the face

Medical attendance is NOT important in serious physical injuries In determining incapacity, must the injured party have an avocation at the time of the injury? Based on paragraphs 2 and 3, yes. work includes studies or preparation for a profession Paragraph 4: speaks of incapacity of any kind of labor Injury requiring at least 30 day hospitalization is serious physical injuries # there must be evidence of the length of that period otherwise its slight physical injuries Lessening of efficiency due to injury is NOT incapacity Ordinary physical injuries v mutilation o M: caused purposely and deliberately to lop or clip off some part of the boyd o PI: not present Qualified serious physical injuries: offended is that the same to the victim of parricide, or circumstances of murder = higher penalties (Art. 263) Serious physical injuries by excessive chastisement by parents are not qualified NOTES: Pimentel If occupation is illegal, presupposes permanent employment Defomity any appearance of ugliness NOT enhancement (skewed!)

Art. 264. Administering injurious substances or beverages. The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. NOTES: Reyes Elements o Offender inflicted upon another any serious physical injury o Done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity o Had no intention to kill If intent to kill is present = frustrated murder Administering injurious substance means introducing into the body the substance Article does not apply when the physical injuries that result are less serious or slight NOTES: Pimentel Throwing of aid covered? No. introduction or oral or injection is involved

Art. 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

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Supervening event converting the crime into serious physical injuries after the filing of the information for slight physical injuries can still be subject of a new charge RTC has no jurisdiction to sentence on appeal for a crime of which municipal court had no jurisdiction NOTES: Pimentel shall ill treat another hands were laid on that person.

Art. 266-A. Rape, when and how committed rape is committed 1. by a man who shall have carnal knowledge of a woman under any of the following circumstances a. through force, threat or intimidation b. when the offended party is deprived of reason or is otherwise unconscious c. by means of fraudulent machinations or grave abuse of authority d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above are present 2. by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person

Art. 266-B. Penalties rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua Whenever the rape is committed with the use of a deadly weapon or by 2 or more persons, the penalty shall be reclusion perpetua to death When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death When the reason or on the occasion of the rape, homicide is committed, the penalty shall be death The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1. when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree, or the common law spouse of the parent of the victim 2. when the victim is under the custody of the police or military authorities or any law enforcement or penal institution 3. when the rape is committed in full view of the spouse, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 4. when the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the rape 5. when the victim is a child below 7 years old 6. when the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency

Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim 7. when committed by any member of the AFP or para-military units thereof or the PNP or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime 8. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 9. when the offender knew of the pregnancy of the offended party at the time of the commission of the crime 10. when the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime Rape under paragraph 2 of the next preceding article shall be punished by Prision Mayor Whenever the rape is committed with the use of a deadly weapon or by 2 or more persons, the penalty shall be prision mayor to reclusion perpetua When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua When by reason or on occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua Reclusion temporal shall also be imposed if the rape is committed with any of the 10 aggravating/qualifying circumstances mentioned in this article NOTES: Reyes elements under paragraph 1 o offender is a man o offender had carnal knowledge of a woman o such act is accomplished under any of the following circumstances ! using force or intimidation ! when the woman is deprived of reason or otherwise unconscious ! by means of fraudulent machinations or grave abuse of authority ! when the woman is under 12 years old or is demented elements under paragraph 2 o offender commits an act of sexual assault o the act of sexual assault is committed by any of the following means ! inserting his penis into another persons mouth or anal orifice ! inserting any instrument or object into the genital or anal orifice of another person o the act of sexual assault is accomplished under any of the following circumstances ! using force or intimidation ! when the woman is deprived of reason or otherwise unconscious

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o

by means of fraudulent machination or grave abuse of authority ! when the woman is under 12 years old only males can commit rape NOTES: Pimentel 266-A No. 2 is Sexual Assault. Assault the offended. Insertion of pe-nis to oral orifice or insertion of any object in any opening or orifice. 266-B: #4 applicable especially to nuns (vow of chastity). Religious persons in actual performance of vocation, and the offender knew of it.

Art. 266-C effect of pardon the subsequent valid marriage between the offender and the offended pary shall extinguish the criminal action or the penalty imposed In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio NOTES: Reyes NOTES: Pimentel pretty self-explanatory

Art. 266-D presumptions any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A NOTES: Reyes NOTES: Pimentel pretty self-explanatory Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One CRIMES AGAINST LIBERTY

Art. 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. If the kidnapping or detention shall have lasted more than five days. 2. If it shall have been committed simulating public authority. 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. 4. If the person kidnapped or detained shall be a minor, female or a public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense. NOTES: Reyes elements o offender is a private individual

he kidnaps or detains another, or in any other manner deprives the latter of his liberty o the act of detention or kidnapping must be illegal o in the commission of the offense, any of the following circumstances is present ! kidnapping or detention lasts for more than 3 days ! committed simulating public authority ! any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made ! the person kidnapped or detained is a minor, female or a public officer if public officer = crime is arbitrary detention if victim is child, accused is one of the parents: arresto mayor and a fine not exceeding P300 or both intention to deprive the victim of his liberty for purpose of extorting ransom on the part of the accused is essential in the crime of kidnapping must there be a demand for ransom: no. whats important is the purpose of extorting ransom lack of motive to resort to kidnapping: not liable detention or locking up of victim is essential it is not necessary that the victim be placed in an inclosure leaving a child in the house of another, where he had freedom of locomotion but not the freedom to leave it at will, deprives him of liberty restraint need not be permanent detention must be illegal: when not ordered by competent authority or not permitted by law why kidnapping is a felony: deprivation of liberty detention for more than 3 days is not necessary when any of the other circumstances is present restraint of robbers is not illegal detention the purpose is immaterial when any of the circumstances in the first paragraph of art. 267 is present can be complexed with murder when the victim is taken from one place to another solely for the purpose of killing him, the crime committed is murder qualifying circumstances: o to extort ransom, even if none of the circumstances mentioned in art. 267 are present = penalty of death o if death is imposed for a single penalty, it shall be imposed regardless of the presence and number of ordinary mitigating circumstances o still not reduced by the circumstances of voluntary release by the captors and non-attainment of the purpose o however if the offender is over 15 but under 16 years of age, it being a privilege mitigating circumstance, the penalty may be lowered by one degree ransom money, price or consideration paid or demanded for redemption of a captured person or persons, a payment that releases from captivity when maximum penalty is imposed o purpose of kidnapping or detention is to extort ransom

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Release of detained woman, mitigating? If detained woman, its under art. 267. not mitigating NOTES: Pimentel Art. 269. Unlawful arrest. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities. NOTES: Reyes Elements o Offender arrests or detains another person o Ppurpose of the offender is to deliver him to the proper authories o Arrest or detention is not authorized by law or there is no reasonable ground thereof Offender is any person WON public or private There is no unlawful arrest, when the arrest is authorized by a warrant issued by the court Unlawful arrest distinguished from other illegal detention o Unlawful arrest: detained to deliver to proper authorities but arrest was illegal o Other cases: detention will render the culprit liable for other illegal detention Distinguished from art. 125 delay in the delivery of detained persons to the proper judicial authorities o 125: detention is for some legal ground; UA: detention is not authorized by law o 125: crime is failure to deliver the person to the proper judicial authority within a certain period of time; UA: making an arrest not authorized by law no period of detention is fixed by law in art. 269 but the motive of the offender is controlling NOTES: Pimentel Section Two. Kidnapping of minors Art. 270. Kidnapping and failure to return a minor. The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians. NOTES: Reyes elements o offender is entrusted with the custody of a minor person whether over or under 7 but less than 21 o deliberately fails to restore the said minor to his parents or guardians when accused is the father or mother of the minor, penalty is arresto mayor and/or fine not exceeding P300 difference with art 267: art 270 states that the accused was entrusted with custody of the minor deliberate failure to restore a minor under ones custody and kidnapping a minor who is not in custody both constitute deprivation of liberty

o victim is killed or dies as a consequence of detention o victim is raped o victim is subject to torture or dehumanizing acts illegal v arbitrary detention o ID done by private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty AD done by public officer of employee who detains without legal ground o ID against personal liberty and security; AD against fundamental law of the state NOTES: Pimentel Qualified kidnapping o The victim is killed or threats to kill were done o Victim dies as a result of the detention o Physical injuries/Torture/dehumanized cruelty and ignominy o Simulating public authority o Minor, female or public officer

Art. 268. Slight illegal detention. The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos. NOTES: Reyes Elements o Private individual o Kidnaps or detains another, or in any other manner deprives him of his liberty o Act of kidnapping or detention is illegal o Crime is committed without the attendance of any of the circumstances enumerated in art. 267 Liability of accomplice in slight illegal detention: o If furnished the place for the perpetration of the crime same penalty as principals (he is raised to co-principal) o Otherwise, one degree lower Privileged mitigating circumstance in slight illegal detention (all must concur) o Voluntary releases the person so kidnapped or detained within 3 days from the commencement of the detention o Without having attained the purpose intended; and o Before the institution of criminal proceedings against him, his liability is mitigated o NOTE: it must be shown that the offender was at a position to prolong the detention for more than 3 days and yet he released the detained person

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offender retains a minor in his service against the will of the minor under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor the service of the minor must be against the will indebtedness, not a ground for detention NOTES: Pimentel o o o Art. 274. Services rendered under compulsion in payment of debt. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. NOTES: Reyes elements o offender compels a debtor to work for him, either as household servant or farm laborer o against the debtors will o prupose is to require or enforce the payment of a debt difference with art. 271: 271 talks of a minor; this article does not distinguish NOTES: Pimentel

essential element which qualifies the crime of kidnapping a minor under art. 270: the offender is entrusted with the custody of the minor. What is punished is the deliberate failure to restore the minor to his parents/guardians NOTES: Pimentel

Art. 271. Inducing a minor to abandon his home. The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both. NOTES: Reyes elements o a minor whether over or under 7 years old is living in the home of his parents or guardian or the person entrusted with his custody o offender induces said minor to abandon such home inducement must be actual, committed with criminal intent, and determined by a will to cause damage the minor should leave the home not of his free will; if free will, there is no criminal liability mother/father may commit crimes under Art. 270 and 271 NOTES: Pimentel Chapter Two CRIMES AGAINST SECURITY

Art. 272. Slavery. The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period. NOTES: Reyes elements o offender purchases, sells, kidnaps or detains a human being o purpose of the offender is to enslave such human being qualifying the offense: if the purpose of the offender is to assign the offended party to some immoral traffic (like prostitution), the penalty will be higher difference from kidnapping or illegal detention o manner of committing the offense o assuming its done through kidnapping or detaining, purpose must be considered: if for slavery then its slavery, if not, then its kidnapping or illegal detention NOTES: Pimentel

Art. 273. Exploitation of child labor. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. NOTES: Reyes elements

Section One. Abandonment of helpless persons and exploitation of minors. Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon: 1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. 2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured. 3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. NOTES: Reyes acts punishable & elements o failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense ! elements place is not inhabited accused found there a person wounded or in danger of dying

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entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities. The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit. NOTES: Reyes Acts punished o Delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities o Neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits Elements of abandonment of minor by one charged with the rearing or education of said minor o Offender has charge of the rearing or education of a minor o Delivers said minor to a public institution or other persons o The one who entrusted such child to the offender has not consented to such act; or the one who entrusted such child to the offender is absent, the proper authorities have not consented to it Only the person charged with the rearing or education of the minor is liable Abandonment of minor by person entrusted with custody distinguished from abandonment of a minor under art. 276 o 276: custody of the offender is stated in general; 277: custody of the offender is specific (custody for the rearing or education of the minor) o 276: minor is under 7; 277: minor is under 21 o 276: minor is abandoned to deprive him of the care and protection that his tender years need; 277: minor is delivered to a public institution or other person elements of indifference of parents: o offender is a parent o he neglects his child by not giving them education o his station in life requires such education and his financial condition permits it obligation to educate children terminates, if mother and child refuse without good reason to live with accused failure to give education must be due to deliberate desire to evade such obligation NOTES: Pimentel article covers the primary and secondary education only Art. 278. Exploitation of minors. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon: 1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength, or contortion. 2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants.

accused can render assistance without detriment to himself accused fails to render assistance o failing to help or render assistance to another whom the offender has accidentally wounded or injured o failing to deliver a child, under 7 years old whom the offender has found abandoned, to the authorities or to this family, or by failing to take him to a safe place first paragraph: the penalty of arrest mayor shall be imposed unless such omission shall constitute a more serious offense Paragraph 2 of art 275 applies only when someone is accidentally injured by the accused Must the offender know that the child is under 7 years? Under the 3rd way of committing the crime, it is immaterial Does paragraph 3 apply to one who found a lost child? yes NOTES: Pimentel

Art. 276. Abandoning a minor. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him. When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods. The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense. NOTES: Reyes Elements o Offender has the custody of a child o Child is under 7 years of age o He abandons such child o He has no intent to kill the child when the latter is abandoned Where there is intent to kill, article is not applicable it would either be murder, parricide or infanticide Intent to kill cannot be presumed from the death of the child A permanent, conscious and deliberate abandonment is required Qualifying circumstances o When the death of the minor results from such abandonment o Life of the minor was in danger because of the abandonment Parents guilty of abandoning their children shall be deprived of parental authority NOTES: Pimentel What if there was intent to kill the child # not covered in this article

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who

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violation may be punished in RA 7610 or this article in the RPC. Take your pick Art. 279. Additional penalties for other offenses. The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code. NOTES: Reyes # NO NOTES NOTES: Pimentel there are other penalties that may be imposed due to another law

3. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions. 4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

Section Two. Trespass to dwelling Art. 280. Qualified trespass to dwelling. Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos. If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos. The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open. NOTES: Reyes elements o offender is a private person o he enters the dwelling of another o entrance is against the latters will qualifying circumstance violence or intimidation dwelling: any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to business, office, etc; includes room when occupied by another person entrance into dwelling must be against the will of owner or occupant lack of permission does not amount prohibition. If entrance was not denied beforehand, it may be assumed that the host is welcoming the person in general: all members of a household must be presumed to have authority to extend an invitation to enter the house there must be opposition on the part of the owner of the house to the entry of the accused closed doors and windows and other circumstances may be said to be an implied prohibition. Consider the circumstances of the case. NOTE: entrance is not done through the window, so the window is always presumed to be an implied prohibition prohibition must be in existence prior to or at the time of entrance trespass by means of violence (examples) o pushing the door violently and maltreating the occupants after entering

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority. 5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar. NOTES: Reyes acts punished o causing any body under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person o employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the offender being an acrobat, etc. or circus manager or person engaged in a similar calling o employing any descendant under 12 in dangerous exhibitions enumerated in the text preceding paragraph, the offender being engaged in any of the said calling o delivering a child under 16 gratuitously to any person following any of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child o inducing any child under 16 to abandon the home of its ascendants, guardians curators or teachers to follow any person engaged in any of the calling mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Exploitation Art 278 v inducing child to abandon the home Art. 271 o 278: the purpose of inducing the minor is to follow any person engaged in any of the callings mentioned; 271: no such purpose o 278: under 16; 271: victim is a minor under 21 years qualifying the offense: if made in consideration of price, compensation or promise offender will be deprived of parental authority exploitation of minor must refer to act endangering the life or safety of the minor NOTES: Pimentel

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Difference with theft: Trespass means closed with manifest prohibition for those who want to enter to gain consent from the owner Section Three. Threats and coercion Art. 282. Grave threats. Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer: 1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed. If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period. 2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition. NOTES: Reyes Acts punishable o Threatening another with the infliction upon his person, honor or property or that his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose o By making such threat without the offender attaining his purpose o Threatening another with the infliction upon his person, honor or property or that his family of any wrong amounting to a crime, the threat not being subject to a condition The threat must be to inflict a wrong amounting to a crime upon the person, honor, or property of the offended party or that of his family Elements of grave threats where offender attained his purpose o Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong o Such wrong amounts to a crime o There is a demand for money or that any other condition is imposed, even though not unlawful o Offender attains his purpose Penalty: o Attained his purpose 1 degree lower of the penalty for the crime threatened to be committed o Does not attain his purpose 2 degrees lower than that provided by law for the crime threatened to be committed If threat is not subject to a condition, the penalty is fixed (arresto mayor and a fine not exceeding P500) because the penalty does not depend on the penalty for the crime threatened to be committed. Qualifying circumstance: threat made through a middle man: penalty is in maximum period Elements of grave threat not subject to a condition

cutting of a ribbon or string with which the door latch of a closed room was fastened. The cutting of the fastening of the door was an act of violence o wounding by means of a bolo, the owner of the house immediately after entrance trespass by means of intimidation (examples) o firing a revolver in the air by persons attempting to force their way into a house o the flourishing of a bolo against the inmates of the house upon gaining entrance prohibition not necessary when violence or intimidation is employed by the offender trespass may be committed by the owner of a dwelling. If actual occupant did not give entry to the owner; remedy: should seek help from the court to exercise or protect his property right when article is not applicable o if the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person o if the purpose is to render some service to humanity or justice if the place where entrance is made a caf, tavern, inn and other public houses, while the same are open NOTES: Pimentel when intention is not proven, its equivalent to more than trespass to dwelling if with intent to rob, it is at least attempted robbery

Art. 281. Other forms of trespass. The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. NOTES: Reyes elements o offender enters the closed premises or the fenced estate of another o the entrance is made while either of them is uninhabited o the prohibition to enter be manifest o the trespasser has not secured the permission of the owner or the caretaker thereof premises: distinct and definite locality. It may mean a room, shop, building or definite area but in either case, locality is fixed difference from trespass to dwelling o D: private person; O: any person o D: enters the dwelling; O: enters closed premises or fenced estate o D: inhabited; O: uninhabited o D: the crime is entering against the will of the owner; O: entering without securing permission of owner/caretaker o D: prohibition to enter is express or implied; O: must be manifest NOTES: Pimentel

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35: not made applicable to any particular case; 284: only to cases of grave threats and light threats o NOTE: ! failure to give bond to keep the peace, the accused shall be detained for a period not exceeding 6 months (grave or less grave felony) or 30 days (light felony); the bond to keep the peace is a DISTINCT PENALTY ! failure to give bond for good behavior the accused shall be sentenced to destierro the giving or bail is an additional penalty the article says may also be required meaning it is an additional penalty NOTES: Pimentel occurs after conviction not individual on light threats o drawing a weapon during a quarrel (Art 285) o same is uttered in heat of anger in a political season (Art. 285) blackmail is in light threat (no other) o

Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong o Such wrong amounts to a crime o Threat is not subject to a condition 3rd form of grave threats must be serious and deliberate + no condition imposed or there is no demand for money if condition is not proven, it is grave threats under sub-paragraph 2 of art 282. Essence of the crime of threat is intimidation Grave threats may be committed by indirect challenge to a gun fight, even if the complaint was absent when the challenge was made. The crime of grave threats is consummated as soon as the threats come to the knowledge of the person threatened Threats made in connection with the commission of other crimes, are absorbed by the latter Offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him NOTES: Pimentel

Art. 283. Light threats. Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor. NOTES: Reyes Elements o Offender makes a threat to commit a wrong o Wrong does not constitute a crime o There is a demand for money or that other condition is imposed even though not unlawful o The offender has attained his purpose, or that he has not attained his purpose Committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime Blackmailing may be punished under Art. 283 NOTES: Pimentel RULE for Art 282 and 283: threat is grave, if the same is anchored in when the same is uttered in political premises, or in quasi-judicial or judicial bodies

Art. 284. Bond for good behavior. In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro. NOTES: Reyes In what cases may a person be required to give bail not to molest another o When he threatens another under the circumstances mentioned in art 282 o When he threatens another under the circumstances mentioned in art. 283 Compared with art. 35 effects of bond to keep the peace o 35: bond to keep the peace; 285: bond for good behavior

Art. 285. Other light threats. The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon: 1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense. 2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code. 3. Any person who shall orally threaten to do another any harm not constituting a felony. NOTES: Reyes acts punished o threatening another with a weapon, or by drawing such person in a quarrel, unless it be in lawful self-defense o orally threatening another in the heat of anger with some harm (not) constituting a crime without persisting in the idea involved in his threat o orally threatening to do another any harm not constituting a felony 2 acts punishable in paragraph 1 o threatening another with a weapon, even if there is no quarrel o drawing a weapon in a quarrel, which is not lawful self-defense orally threatening another, in the heat of anger, with some harm constituting a crime is punished in paragraph 2 Art 285 compared with Art. 282 and 283 o Paragraph 2 of 285 is similar to the 3rd form of grave threat (282) because the harm threatened to be committed is a crime o Threat under paragraph 3 (285) is similar to light threats (283) because the harm threatened to be committed is NOT a crime o Difference: in other light threats there is no demand for money or that there is no condition imposed or that the threat is not deliberate

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Can other light threats be committed where the person to whom it is directed is absent? Yes. Where the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats Coercion distinguished from illegal detention: C: compelled against his will + no clear deprivation of liberty by the purpose of the offender Grave coercion v frustrated illegal detention: ID: confinement or restrain of the person Coercion distinguished from maltreatment of prisoner o Both, maltreatment and grave coercion: To extract a confession o Difference: maltreatment, the offended party is a prisoner. If not prisoner its coercion When prision mayor may be imposed: o Coercion is committed in violation of the exercise of the right of suffrage o Coercion is committed to compel another to perform any religious act o Coercion is committed to prevent another from performing any religious act NOTES: Pimentel Grave coercion and aggravating if compel one from performing an act against religious belief? Yes. If prisoner: it is maltreatment of prisoner If not yet a prisoner, its grave coercion o Grave coersion: May have other intentions (with regard to kidnapping) to do or not to do Not to do # act to was supposed to be done must not be unlawful or immoral Why immoral because the RPC does not cover everything. Ex: male prostitution Art. 287. Light coercions. Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos. Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both. NOTES: Reyes elements o Offender must be a creditor o He seizes anything belonging to his debtor o Seizure of the thing be accomplished by means of violence or a display of material force producing intimidation o Purpose of the offender is to apply the same to the payment of the debt Paragraph 1 is limited to a case where the offender seized anything belonging to his debtor by means of violence to apply the same to the payment of the debt Taking possession of the thing belonging to the debtor, through deceit and misrepresentation, for the purpose of applying the same to the payment of the debt, is unjust vexation under the second paragraph Actual physical violence need not be employed

NOTES: Pimentel

Art. 286. Grave coercions. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong. If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed. NOTES: Reyes 2 ways of committing grave coercions o preventing another by means of violence, threats or intimidation from doing something not prohibited by law o compelling another, by means of violence, threats or intimidation to do something against his will, whether it be right or wrong elements of grave coercions o the person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong o the prevention or compulsion be affected by violence, threats or intimidation o 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 made under authority of law or in the exercise of any lawful right when the act of preventing is another crime: o art 132 interruption of religious worship o art 143 acts tending to prevent the meeting of the Assembly and similar bodies o art 145 violation of parliamentary immunity when act of compelling is another offense o Art 127 delaying release o Art 126 expulsion The force or violence must be immediate, actual or imminent The owner of a thing has no right to prevent interference with it when the interference is necessary to avert greater damage There is no grave coercion when the accused acts in good faith in the performance of his duty Purpose of the law in penalizing coercion: to enforce the principle that no person may take the law into his hands, and that our government is one of law, not of men A person who takes the law into his hands with violence, is guilty of grave coercion Coercion is consummated even if the offended party did not accede to the purpose of the coercion

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Not coercion or threat: including an employee to give up any part of his wages by force, stealth, intimidation, threat or by any other means is unlawful under Art 116 of the Labor Code, not under the RPC NOTES: Pimentel nothing Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code. NOTES: Reyes Elements o That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work o That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers Peaceful picketing not prohibited Employing violence or making threat by picketers may make them liable for coercion Preventing employee from joining any registered labor organization is punished under the Labor Code, not under the RPC: unlawful for the employer to ULP o Interfere with, restrain or coerce employees in the exercise of their right to self organization o Require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs NOTES: Pimentel -- nothing Chapter Three DISCOVERY AND REVELATION OF SECRETS Art. 290. Discovering secrets through seizure of correspondence. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof. If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding 500 pesos. The provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect to the papers or letters of either of them. NOTES: Reyes Elements o That the offender is a private individual or even a public officer not in the exercise of his official functions o That he seizes the papers or letters of another

Unjust vexation: includes any human conduct which although not productive of some physical or material harm would, unjustly annoy or vex an innocent person (eg kissing a girl without performing acts of lasciviousness) There is no violence or intimidation in unjust vexation Grave coercion v. unjust vexation: if the 1st and 3rd elements of grave coercion in paragraph 1 art 286 are present but the 2nd element is lacking, it becomes punishable in the second paragraph of art. 287 NOTES: Pimentel Creditor seizes a personal property that belongs to debtor, is it necessary for the debtor to resist or give consent? Yes o No resistance/consent its theft; o If the seizing is attended with violence, its robbery

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind. The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee. NOTES: Reyes Acts punishable & their respective elements o Forcing or compelling or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him ! Elements Offender is any person, agent or officer of any association or corporation He or such firm or corporation has employed laborers or emplouees He forcers or compels, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from the said firm or corporation o Paying the wages due his laborers or employees by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee ! Elements Offender pays the wages due a laborer or employee employed by him by means of tokens or objects Those tokens or objects are other than legal tender currency of the Philippines Such employee or laborer does not expressly request that he be paid by means of tokens or objects

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That the manufacturing or industrial establishment has a secret of the industry which the offender has learned o The offender reveals such secrets o That prejudice is caused to the owner Secrets must relate to manufacturing processes The act constituting the crime is revealing the secret of the industry of employer The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment Prejudice is an element of the offense. NOTES: Pimentel Violator is one from a company of a particular industry, and exposes the companys industry secrets The industry secrets must be patented intellectual property rights, copyright, etc. o Title Ten CRIMES AGAINST PROPERTY Chapter One ROBBERY IN GENERAL

That the purpose is to discover the secrets of such another person That offender is informed of the contents of the papers or letters seized Exception: Article 290 not applicable to parents, guardians, or persons entrusted with the custody of minors with respect to papers or letters of the children or minors placed under their care or custody, or to spouses with respect to the papers or letters of either of them seize: to place in the control of someone a thing or to give him the possession thereof prejudice is not an element of the offense qualifying circumstances: reveals the contents of such paper or letters of another to a 3rd person, the penalty is higher. Revealing the secrets is NOT an element of the offense distinction from public officer revealing secrets of private individual: o Art. 230 (public officer) comes to know the secret by reason of his office o Art. 290: offender is a private individual seizes the papers or letters of another to discover the secrets of the latter. NOTES: Pimentel Wife suspects husband as having a mistress. She opens his letters and discovers she was correct. She uses the letters as evidence for annulment. Admissible? no. though she committed a crime, being the wife, she is exempted from criminal liability.

o o

Art. 291. Revealing secrets with abuse of office. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets. NOTES: Reyes Elements o That offender is a manager, employee or servant o That he learns of the secrets of his principal or master in such capacity o That he reveals such secrets Secrets must be learned by reason of their employment The secrets must be revealed by the offender Damage is not necessary NOTES: Pimentel If done to expose an illegal transaction, its ok. If done to expose a legal transaction, its a crime

Art. 292. Revelation of industrial secrets. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter. NOTES: Reyes Elements o That offender is a person in charge, employee or workman of a manufacturing or industrial establishment

Art. 293. Who are guilty of robbery. Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. NOTES: Reyes Elements of Robbery in General o That there be personal property belonging to another o That there is unlawful taking of that property o That the taking must be with intent to gain o That there is violence against or intimidation of any person, or force upon anything Robbery: taking of personal property belonging to another with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything Classification o Robbery with violence against or intimidation of persons o Robbery by the use of force upon things Personal property NOT usurpation: if the real property is occupied or real right is usurped by means of violence against or intimidation of person is the crime of usurpation Naming the owner is a matter of essential description of the crime In robbery the personal property of another is taken by the offender against the will of the owner Taking must be unlawful; taking means depriving the offended party of ownership of the thing taken with the character of permanency The element of personal property belonging to another and that of intent to gain must concur Intimidation need not be threat of bodily harm

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Violence or intimidation must be present before the taking of personal property is complete o EXCEPTION: when the violence results in ! Homicide ! Rape ! Intentional mutilation ! Any of the serious physical injuries penalized in paragraphs 1 and 2 in Art 263, the taking of personal property is robbery complexed with any of those crimes under Art. 294 even if the taking was already complete when the violence was used by the offender But the taking of personal property need not be immediately after the intimidation NOTES: Pimentel Womans necklace broke when someone tried to steal it theft. Car outside the house was broken into, car radio stolen theft Car inside the garage; garage door unharmed, car window busted and everything inside stolen robbery Robbery must be committed inside a building, house, etc. Theft no violence or intimidation against persons and not committed in a building, house, etc 3 armed persons conspire to rob and commit murder; 1 was a look out, 2 knocked on the door, and the house help who opened the door was killed all 3 are principals 3 armed persons conspire to rob an uninhabited house; 1 was a look out, 2 went in. and upon seeing a vagrant, the 2 killed the latter. The crime is still robbery since thats what the 3 agreed on. The homicide is imputable to the 2 only. A man raped a person and saw a bracelet, and stole it. Action: separately file for rape and theft.

Section One. Robbery with violence or intimidation of persons.

Art. 295. Robbery with violence against or intimidation of persons; Penalties. Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed. 2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767). 3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted. 4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission

of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23. 5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. (As amended by R. A. 18). NOTES: Reyes Acts punished as robber with violence against or intimidation of persons o By reason or on occasion of the robbery, the crime of homicide is committed o When the robbery is accompanied by rape or intentional mutilation or arson o By reason or on occasion of such robbery, any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted o By reason or on occasion of robbery, any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is therefore habitually engaged is inflicted o The violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime o In the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body of loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person becomes ill or incapacitated for labor for more than 30 days o The violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only The article contemplates a special complex crime The crime of homicide committed on the occasion of the robbery; robbery and homicide are separate offenses, when the homicide was NOT committed on the occasion or by reason of the robbery Homicide in paragraph 1 is in the general sense, encompassing parricide and murder Robbery with homicide in a dwelling does not require that robbery with force upon things is first committed Homicide may precede robbery or may occur after robbery 2 robbers, one killed the other during the robbery: crime with homicide it is robbery with homicide even if the death of a person supervened by mere accident when homicide is not proven, the crime is robbery only (and vice-versa) robbery with rape, rape can occur in another place; before or after robbery; number of rapes would not increase the penalty no such crime as robbery with attempted rape

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By a band Attacking a moving train, street, car, motor vehicle or airship ! Entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances ! On a street, road, highway, or alley and the intimidation is made with the use of firearms, the offender shall be punished by the maximum periods of the proper penalties prescribed in Art. 294 Must be alleged in the information The intimidation with the use of firearm qualifies only robbery on a street, road, highway, or alley Art 295 does not apply to robbery with homicide, or robbery with rape, or robbery with serious physical injuries under paragraph 1 of Art 263. this article does not apply in o When by reason or on occasion of the robbery, the crime of homicide is committed o When the robbery is accompanied by rape or intentional mutilation or arson o If by reasons or on occasion of robbery, any of the serious physical injuries resulting in insanity, imbecility, impotency or blindness is infliected NOTES: Pimentel PD 532: it is an element In this article, it is an aggravating circumstance ! ! Art. 296. Definition of a band and penalty incurred by the members thereof. When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms. Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. NOTES: Reyes Requisites for liability for the acts of the other members of the band: Liable for any of the assaults committed o He was a member of the band o He was present at the commission of a robbery by that band o The other members of the band committed an assault o He did not attempt to prevent the assault Outline of the provision o When at least 4 armed malefactors take part in the commission of a robbery, it is deemed committed by a band o When any of the arms used in the commission of robbery is not licensed, the penalty upon all the malefactors shall be the maximum

when rape and homicide are present in robbery: robbery with homicide + rape as an aggravating circumstance requisites for robbery under the second case of paragraph 4 Art. 294 o that any of the physical injuries defined in paragraph 3 and 4 of Art. 263 was inflicted in the course of the robbery o that any of them was inflicted upon any person not responsible for the commission of the robbery robbery with violence or intimidation in other cases referred to in paragraph 5 is committed by: o snatching money from the hands of the victim and pushing her to prevent her from recovering the seized property o grabbing pawn ticket from the hands of another and intimidating him when the act of snatching a thing from his hands did not result in violence against the person of the offended party, the crime of robbery is not committed in robbery with intimidation, there must be acts done by the accused which either by their own nature or by reason of the circumstances under which they are executed, inspire fear in the person against whom they are directed threats to extort v robbery through intimidation o both: there is intimidation by the offender; to gain o R: intimidation is actual and immediate; T: conditional or future o R: intimidation is personal; T: may be through an intermediary o R: intimidation directed only to the person of the victim; T: refer to the person, honor or property o R: gain of the culprit is immediate; T: not immediate Robbery with violence v. grave coercion o Both: there is violence used by the offender o R: intent to gain; no such element in coercion NOTES: Pimentel Which would you advise your client? To plead guilty to robbery or theft? Answer: Robbery because theft, beyond P22,000, each P10,000 one would serve 1 year. It is PIMENTELs opinion that in a condo, the car park is included in the unit, it is a dependency

Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties. In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band. NOTES: Reyes When is robbery with violence against or intimidation of persons qualified o If any of the offenses defined in subdivisions 3, 4, and 5 of Art. 294 is committed ! In an unhabited place

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the offender has intent to defraud another the offender compels him to sigh, execute or deliver any public instrument or document o the compulsion is by means of violence or intimidation the article applies even if the document signed, executed or delivered is a private or commercial document article not applicable when document is void NOTES: Pimentel Technically speaking, this crime is NOT robbery but grave coercion but because of the nature of the acts committed, the law demanded it to be robbery o o Section Two. Robbery by the use of force upon things Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship. Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if: (a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means: 1. Through a opening not intended for entrance or egress. 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools. 4. By using any fictitious name or pretending the exercise of public authority. Or if (b) The robbery be committed under any of the following circumstances: 1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; 2. By taking such furniture or objects to be broken or forced open outside the place of the robbery. When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty next lower in degree shall be imposed. The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed 250 pesos. When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period. If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed. NOTES: Reyes 2 subdivisions o subdivision (A) ! elements offender entered o an inhabited house

of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of such firearms o Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same Clubs are arms When the robbery was not committed by a band, the robber who did not take part in the assault by another is not liable for the assault When the robbery was not by a band and homicide was not determined by the accused when they plotted the crime, the one who did not participate in the killing is liable for robbery only When there is conspiracy to commit homicide and robbery, all the conspirators, even if less than 4 armed men, are liable for the special complex crime of robbery with homicide Conspiracy was for robbery only but homicide was also committed on the occasion thereof all members of the band are liable for robbery with homicide Proof of conspiracy is not necessary when four or more armed persons committed robbery No such crime as robbery with homicide in band The special aggravating circumstance of use of unlicensed firearm is not applicable to robbery with homicide committed by a band NOTES: Pimentel RA 8294: illegal possession is absorbed in robbery and murder as a special aggravating circumstance In this article, it contemplates crime against person, not property. Hence illegal possession is absorbed in crimes against persons ONLY

Art. 297. Attempted and frustrated robbery committed under certain circumstances. When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code. NOTES: Reyes homicide is used in its generic term which includes parricide, murder and even infanticide penalty is the same whether the robbery is attempted or frustrated article is applicable to attempted robbery with homicide by a band this is a special complex crime NOTES: Pimentel penalty in this article has been amended by virtue of RA 7659 death penalty law: its nor reclusion perpetua to death for robbery with homicide

Art. 298. Execution of deeds by means of violence or intimidation. Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter. NOTES: Reyes elements

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o o The use of fictitious name or the act of pretending to exercise authority must be to enter the building

o public building OR o edifice devoted to religious worship entrance was effected by any of the following o through an opening not intended for entrance or egress o by breaking any wall, roof or floor or breaking any door or window o by using false keys, picklocks or similar tools o by using any fictitious name of pretending the exercise of public authority once inside the building, the offender took personal property belonging to another with intent to gain

NOTE:

Subdivision (B) ! Elements Offender is inside the dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it That the offender takes personal property belonging to another with intent to gain under any of the following circumstances o By the breaking of doors, wardrobes, chests or any other kind of locked or sealed furniture or receptacle o By taking such furniture or objects away to be broken or forced open outside the place of the robbery ! NOTES Entrance into the building by any of the means mentioned in A is not required in B door refers only to doors, lids, or opening sheets of furniture or other portable receptacles not inside doors or house or building when sealed box or receptacle is taken out of the house or building for the purpose of breaking it outside, it is not necessary that it is actually opened it is estafa or theft, if the locked or sealed receptacle is not forced open in the building where it is kept or taken therefrom to be broken outside arm carried must not be used to intimidate even those without arms are liable to the same penalty NOTES: Pimentel -- nothing

There must be evidence or the facts must show that the accused entered the dwelling house or building by any of the means enumerated In entering the building, the offender must have an intention to take personal property Inhabited house includes any shelter, ship or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when the robbery is committed Public building is every building owned by the government or belonging to a private person but used or rented by the government although temporarily unoccupied by the same Through an opening not intended for entrance or egress: o The whole body of the offender must be inside the building to constitute entry By breaking any wall, roof, or floor or breaking any door or window o The wall must be an outside wall o The outside door must be broken By using false keys, picklocks or similar tools o The genuine key must be stolen, not taken by force or with intimidation from the owner o The false key or picklock must be used to enter the building o It is only theft when the false key is used to open wardrobe or locked receptacles or drawers or inside door

Art. 300. Robbery in an uninhabited place and by a band. The robbery mentioned in the next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor. NOTES: Reyes robbery in an inhabited house, public building or edifice devoted to religious worship is qualified when committed by a band AND in an uninhabited place the inhabited house, public building or edifice devoted to religious worship must be located in an uninhabited place distinction on the 2 classes of robbery and their being qualified o robbery with force upon things (art. 299) # must be committed in an uninhabited place AND by a band (art 300)

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robbery with violence against or intimidated of persons # committed in an uninhabited place OR by a band (art. 295). NOTES: Pimentel Why the increased penalty if the place is uninhabited (but armed)? Just in case the inhabitants return.

Art. 301. What is an inhabited house, public building or building dedicated to religious worship and their dependencies. Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious worship. Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith. The term "public building" includes every building owned by the Government or belonging to a private person not included used or rented by the Government, although temporarily unoccupied by the same. NOTES: Reyes dependencies all interior courts, corrals, warehouses, granaries or inclosed places contiguous to the building or edifice, having an interior entrance therewith and which form part of the whole. Requisites o must be contiguous to the building o have an interior entrance connected therewith o form part of the whole NOTES: Pimentel dependencies should have an ingress/egress

NOTES: Reyes elements o the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, not or an edifice devoted to religious worship o that any of the following circumstances was present ! entrance was effected through an opening not intended for entrance or egress ! a wall, roof, floor, or outside door or window was broken ! the entrance was effected through the use of false keys, picklocks or other similar tools ! a door, wardrobe, chest or any sealed or closed furniture or receptacles was broken ! closed or sealed receptacle was removed, even if the same be broken open elsewhere o with intent to gain, the offender took therefrom personal property belonging to another building includes any kind of structure used for storage or safekeeping of personal property such as o freight car o warehouse use of fictitious name or pretending the exercise of public authority, not in this article the receptacle must be closed or sealed taking of mail matter or large cattle in any kind of robbery makes the penalty higher by one degree motor vehicle, coconuts and fish are not included penalty is based only on value of property taken NOTES: Pimentel PC penalty if NOT armed Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said articles. NOTES: Reyes penalty is one degree lower when cereals, fruits or firewood are taken in robberty with force upon things NOTES: Pimentel -- nothing Art. 304. Possession of picklocks or similar tools. Any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period. The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he shall suffer the penalty of prision correccional in its medium and maximum periods. NOTES: Reyes elements

Art. 302. Robbery is an uninhabited place or in a private building. Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is present: 1. If the entrance has been effected through any opening not intended for entrance or egress. 2. If any wall, roof, flour or outside door or window has been broken. 3. If the entrance has been effected through the use of false keys, picklocks or other similar tools. 4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken. 5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if the same to broken open elsewhere. When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree shall be imposed. In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said articles.

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they went upon the highway or roamed upon the country for that purpose o the accused is a member of such band highway includes streets within as well as roads outside the cities NOTES: Pimentel -- nothing o

offender has in his possession picklocks or similar tools such picklocks or similar tools are specially adopted to the commission of robbery o the offender does not have lawful cause for such possession not necessary in illegal possession liability of locksmith penalty is higher; if not same as mere possessor NOTES: Pimentel -- nothing

o o

Art. 305. False keys. The term "false keys" shall be deemed to include: 1. The tools mentioned in the next preceding articles. 2. Genuine keys stolen from the owner. 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender. NOTES: Reyes possession of false keys in paragraph 2 and 3 of Art. 305 are not punishable NOTES: Pimentel -- nothing Chapter Two BRIGANDAGE

Art. 307. Aiding and abetting a band of brigands. Any person knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the next preceding article, or giving them information of the movements of the police or other peace officers of the Government (or of the forces of the United States Army), when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands shall be punished by prision correccional in its medium period to prision mayor in its minimum period. It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven. NOTES: Reyes elements o there is a band of brigands o the offender knows the band to be brigands o offender does any of the following: ! in any manner aids, abets or protects such band of brigands ! gives them information of the movements of the police or other peace officers of the government ! acquires or receives the property taken by such brigands presumption of law as to knowledge: done knowingly, unless contrary is proven PD No. 532 o Highway robber/brigandage the seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or unlawful means, committed by any person on any Philippine Highway o Philippine Highway refers to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles or locomotives or train for the movement or circulation of persons or transportation of goods, articles or property or both NOTES: Pimentel -- nothing

Chapter Three THEFT Art. 308. Who are liable for theft. Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. Theft is likewise committed by: 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;

Art. 306. Who are brigands; Penalty. When more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands. Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they shall suffer such high penalties. If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period. NOTES: Reyes brigandage is a crime committed by more than 3 armed persons who form a band of robbers for the purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. Elements o at least for armed persons o formed a band of robbers o purpose ! to commit robbery in the highway ! kidnap persons for the purpose of extortion or to obtain ransom ! attain by means of force and violence any other purpose presumption of law as to brigandage all are presumed highway robbers or brigands, if any of them carries unlicensed firearms main object of law is to prevent formation of band of robbers only things to prove o there is an organization of more than 3 armed persons forming a band of robbers o the purpose of the band is any of those enumerated

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That the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities refrained from doing so Hunting, fishing or gathering fruits, etc in enclosed estate o Elements ! That there is an enclosed estate or a field where trespass is forbidden or which belongs to another ! That the offender enters the same ! That the offender hunts or fishes upon the same or fathers fruits, cereals or other forest or farm products in the estate or field ! That the hunting or fishing or gathering of products is without the consent of the owner NOTES: Pimentel -- nothing o Art. 309. Penalties. Any person guilty of theft shall be punished by: 1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. 2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos. 3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos. 4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property stolen is over 50 pesos but does not exceed 200 pesos. 5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos. 6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos. 7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable. 8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family. NOTES: Pimentel

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products. NOTES: Reyes theft committed by any person, who with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent following are liable under this article: o those who ! with intent to gain ! but without violence against or intimidation of persons nor force upon things ! Take care, personal property ! Without the latters consent o Those who ! Having found lost property ! Fail to deliver the same to the local authorities or its owner o Those who ! After having maliciously damaged the property of another ! Remove or make use of the fruits or objects of the damage caused by them o Those who ! Enter an inclosed estate or a field where ! Trespss is forbidden or which belongs to another, and without consent of its owner ! Hunt of fish upon the same or gather fruits, cereals or other forest or farm products Elements o There be taking of personal property o Said property belongs to another o Taking be done with intent to gain o Taking be done without the consent of the owner o The taking is accomplished without the use of violence against or intimidation of persons or force upon things Theft v robbery: T: the offender does not use violence or intimidation or does not enter a house or building through any of the means specified in Art. 299 or Art. 302 in taking personal property of anther with intent to gain taking away or carrying away is not required in larceny in common law when is taking complete so that the theft is consummated? When offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once; in some cases, even if he did not have an opportunity to dispose of the same. full possession is sufficient Finder of lost property: how to prove this kind of theft o The time of the seizure of the thing o That it was a lost property belonging to another

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If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed. NOTES: Reyes elements o the offender takes possession of any real property or usurps any real rights in property o the real property or real rights belong to another o violence against or intimidation or persons is used by the offender in occupying real property or usurping real rights in property o there is intent to gain acts punished o taking possession of any real property belonging to another by means of violence against or intimidation of persons o usurping any real rights in property belonging to another means of violence against or intimidation of persons difference from theft or robbery o both: taking; in this article however there is occupational or usurpation o T&R: personal property is taken; in this crime, there is real property or real right involved o Both: there is intent to gain NOTES: Pimentel

Art. 310. Qualified theft. The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980). NOTES: Reyes theft is qualified o committed by domestic servant o committed with grave abuse of confidence o property stolen is a (1) motor vehicle (2) mail matter of (3) large cattle o the property stolen consists of coconuts taken from premised of a plantation o property stolen is fish taken from a fishpond or fishery o property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil distubance NOTES: Pimentel

Art. 311. Theft of the property of the National Library and National Museum. If the property stolen be any property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty. NOTES: Pimentel

Art. 313. Altering boundaries or landmarks. Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or both. NOTES: Reyes There be boundary marks or monuments of towns, provinces or estates, or any other marks intended to designate the boundaries of the same The offender alters said boundary marks NOTES: Pimentel

Chapter Four USURPATION

Art. 312. Occupation of real property or usurpation of real rights in property. Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.

Chapter Five CULPABLE INSOLVENCY Art. 314. Fraudulent insolvency. Any person who shall abscond with his property to the prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant and the penalty of prision correccional in its maximum period to prision mayor in its medium period, if he be not a merchant. NOTES: Reyes

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guaranteed by a bond; or by denying having received such money, goods, or other property. (c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person. 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

elements o The offender is a debtor; that is, he has obligations due and payable o He absconds with his property o There is prejudice to his creditor Actual prejudice not intention alone, is required Real property may be involved Distinguished from insolvency law o IL: requires that criminal action should have been committed after the institution of insolvency proceedings o There is no such requirement in this article; not necessary that defendant should have been adjudged bankrupt or insolvent NOTES: Pimentel

Chapter Six SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. 2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos; 3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and 4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means: 1. With unfaithfulness or abuse of confidence, namely:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. (b) By altering the quality, fineness or weight of anything pertaining to his art or business. (c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty. (d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)] (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. 3. Through any of the following fraudulent means: (a) By inducing another, by means of deceit, to sign any document. (b) By resorting to some fraudulent practice to insure success in a gambling game. (c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers. NOTES: Reyes Elements of general estafa o Accused defrauded another ! (1) by abuse of confidence elements o that money, goods, or other personal property be received by the offender to

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration. (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially

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!

trust or on commission or for administration, or under any other obligation involving the duty to make delivery of, or of return the same o there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt o misappropriation or conversion or denial is to the prejudice of another o there is a demand made by the offended party to the offender ! or (2) by means of deceit o Damage or prejudice capable of pecuniary estimation is caused to the offended party or 3rd party 3 different kinds of estafa by which the fraud is committed o with unfaithfulness or abuse of confidence. ! Elements for unfaithfulness offender has an onerous obligation to deliver something of value alters its substance, quantity or quality damage or prejudice is caused to another ! Elements for abuse of confidence The money, goods or other personal property be received by the offender in trust or in commission or for administration or under any other obligation involving the duty to make delivery of, or to return the same There be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt o Meaning of conversion it presupposes that the thing has been devoted to a purpose or use different from that agreed upon Such misappropriation or conversion or denial is to the prejudice of another There is a demand made by the offended party to the offender this is not necessary when there is evidence of misappropriation of the goods of the defendant o by means of false pretenses or fraudulent acts o through fraudulent means estafa by taking undue advantage of the signature in blank o elements ! that the paper with the signature of the offender party be in blank ! that the offended party should have delivered it to the offender

above the signature of the offended party a document is written by the offender without authority to do so ! that the document so written creates a liability of, or causes damage to, the offended party or any third person estafa by means of deceit o elements ! there must be a false pretense, fraudulent act of fraudulent means ! that such false pretense, fraudulent act of fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud ! that the offended party must have relied on the false pretense, fraudulent act or fraudulent means that is he was induced to party with his money or property because of the false pretense, fraudulent act or fraudulent means ! that as a result the offended party suffered damage Estafa by using fictitious name, pretending to possess power, influence, qualification, property, credit, business or imaginary transactions or by means of other similar deceits 3 ways to commit o By using fictitious name o By false pretending to possess ! Power ! Influence ! Qualifications ! Property ! Credit ! Agency ! Business or imaginary transactions o By means of other similar deceits Estafa by postdating a check or issuing a check in payment of an obligation o Elements ! That the offender postdated a check, or issued a check in payment of an obligation ! That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check o Exception: when the check issued is not in payment of an obligation Estafa by inducing another to sign any document o Elements ! That the offender induced the offended party to sign a document ! That deceit be employed to make him sign the document ! That the offended party personally signed the document ! That prejudice be caused Estafa by removing, concealing, or destroying documents o Elements ! There be court record, office files, documents or any other papers ! The offender removed, concealed, or destroyed any of them

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!

! The offender had intent to defraud another Elements of damage or prejudice may consist in o The offended party being deprived of his money or property as result of the defraudation o Disturbance in property rights or o Temporary prejudice NOTES: Pimentel

Par 2(a) of 315 covers only cases where the property involved is personal property both real and personal property may be the subject of the crime under the law Par. 1 of 316 refers only real property; its violation is confined to certain instances not common to those of Art. 315 par 2(a): when the offender exercises or executes as part of the false representation, some act of dominion or ownership over the property to the damage and prejudice of the real owner of the thing.

Art. 316. Other forms of swindling. The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. NOTES: Reyes Paragraph 1 o Elements ! Thing be immovable, such as a parcel of land or a building ! Offender who is not the owner of said property should represent that he is the owner thereof ! Offender should be executed an act of ownership (selling, leasing, encumbering or mortgaging the real property) ! Act be made to the prejudice of the owner or a third person o Deceit consisting in false pretense as to the ownership of the real property must be employed by the offender o Even if the deceit is practiced against the second purchaser and the damage is incurred by the first purchaser, there is violation of paragraph No. 1 art. 316 o Mere intent to cause damage is NOT sufficient o Par. 1 of 316 v. Par 2(a) of 315

Paragraph 2 o Elements ! The thing disposed of be real property ! Offender knew that the real property was encumbered, whether the encumbrance is recorded or not ! There be express representation by the offender that the real property is free from encumbrances ! Act of disposing the real property be made to the damage of another o encumbrance includes every right or interest in the land which exists in favor of third persons o offended party must have been deceived, that is, he would not have granted the loan had he known that the property was already encumbered o when the load had already been granted when defendant offered the property as security of the payment of the loan, Art. 316, par. 2 is NOT applicable o usurious loans with equitable mortgage is not an encumbrance on the property o the thing disposed must be real property o offender must know that the real property is encumbered o real property may be registered under any system of registration o third element requires misrepresentation, fraud or deceit when not established there is no crime paragraph 3 o elements ! offender is the owner of personal property ! personal property is in the lawful possession of another ! offender wrongfully takes it from its lawful possessor ! prejudice is thereby caused to the possessor or 3rd person o if the owner took the personal property from its lawful possessor without the latters knowledge and later charged him with the value of the property, the crime is theft o shall wrongfully take it does NOT include by means of violence paragraph 6 o elements ! offender is a surety in a bond given in a criminal or civil action ! he guaranteed the fulfillment of such obligation with his real property or properties

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Other deceits o Defrauding or damaging another by any other deceit not mentioned in the preceding articles o By interpreting dreams, by making forecasts, by telling fortunes by taking advantage of the credulity of the public in any other similar manner for profit or gain Includes false pretenses and fraudulent acts NOTES: Pimentel

he sells, mortgages, or in any other manner encumbers said real property such sale, mortgage or encumbrance is without express authority from the court or made before the cancellation of his bond or before being relieved from the obligation contracted by him

NOTES: Pimentel

Art. 317. Swindling a minor. Any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor. NOTES: Reyes elements o offender takes advantage of the inexperience or emotions or feelings of a minor o he induces such minor ! to assume an obligation or ! to give release or ! to execute a transfer of any property right o that the consideration is ! some loan of money ! credit or ! other personal property o the transaction is to be detriment of such mino real property is not included Minor: under 21 years old NOTES: Pimentel

Chapter Seven CHATTEL MORTGAGE

Art. 318. Other deceits. The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter. Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos. NOTES: Reyes

Art. 319. Removal, sale or pledge of mortgaged property. The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon: 1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns. 2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. NOTES: Reyes Object o To give the necessary sanction to the provision of the statute in the interest of the public at large, so that in all cases wherein loans are made and secured under the terms of the statute, the mortgage debtors may be deterred from the violation of its provisions and the mortgage creditors may be protected against loss or inconvenience resulting from the wrongful removal or sale of the mortgaged property Acts punished o #1 By knowingly removing any personal property mortgaged under the Chattel Mortgage C Law to any province or city other than the time in which it was located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns ! Elements Personal property is mortgaged under the Chattel Mortgage Law Offender knows that such property is so mortgaged He removes such mortgaged personal property to any province or city other than the one in

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Art. 321. Other forms of arson. When the arson consists in the burning of other property and under the circumstances given hereunder, the offender shall be punishable: 1. By reclusion temporal or reclusion perpetua: (a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons; (b) If the building burned is a public building and value of the damage caused exceeds 6,000 pesos; (c) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law, irrespective of the amount of the damage; (d) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings, irrespective of the amount of the damage; Provided, however, That if the evidence destroyed is to be used against the defendant for the prosecution of any crime punishable under existing laws, the penalty shall be reclusion perpetua; (e) If the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire. 2. By reclusion temporal: (a) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos; (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000 pesos; (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6,000 pesos; and (d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused exceeds 6,000 pesos. 3. By prision mayor:

which it was located at the time of the execution of the mortgage The removal is permanent There is no written consent of the mortgage or his execution, administration or assigns to such removal A third person may be liable because he removed the property to another province knowing it to have been mortgaged under the Chattel Mortgage Law. If chattel mortgage is not registered, there is no violation Removal of mortgaged personal property must be coupled with intent to defraud Filling a civil action for collection, not for foreclosure of chattel mortgage, relieves the accused of criminal responsibility o #2 By selling or pledging personal property already pledged or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the proving where such property is located ! Elements Personal property is already pledged under the terms of the Chattel Mortgage Law The offender, who is the mortgagor of such property sells or pledges the same or any part thereof There is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds House may be subject of chattel mortgage by agreement of the parties Damage is not necessary NOTES: Pimentel

Chapter Eight ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320 326-B: Repealed by PD 1613 Amending the Law on Arson

Art. 320. Destructive arson. The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn: 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government. 2. Any passenger train or motor vehicle in motion or vessel out of port. 3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

(a) If the value of the damage caused in the case mentioned in paragraphs (a), (c), and (d) in the next preceding subdivision does not exceed 6,000 pesos; (b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on fire, and the damage caused exceeds 6,000 pesos; 4. By prision correccional in its maximum period to prision mayor in its medium period: (a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds 1,000 pesos;

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Art. 325. Burning one's own property as means to commit arson. Any person guilty of arson or causing great destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. Art. 326. Setting fire to property exclusively owned by the offender. If the property burned shall be the exclusive property of the offender, he shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place. Art. 326-A. In cases where death resulted as a consequence of arson. If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles, the court shall impose the death penalty. Art. 326-B. Prima facie evidence of arson. Any of the following circumstances shall constitute prima facie evidence of arson: 1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing. 2. That substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business; and 3. That the fire started simultaneously in more than one part of the building or locale under circumstances that cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of the following is present in any of the three above-mentioned circumstances: (a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such building and/or goods at the time of the fire; (b) That the defendant after the fire has presented a fraudulent claim for loss. The penalty of prision correccional shall be imposed on one who plants the articles abovementioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969). Chapter Nine MALICIOUS MISCHIEF Art. 327. Who are liable for malicious mischief. Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief. NOTES: Reyes Elements: o Offender deliberately caused damage to the property of another o Such act does not constitute arson or other crimes involving destruction

(b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this article does not exceed 200 pesos. 5. By prision correccional in its medium period to prision mayor in its minimum period, when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of the preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the penalty next lower in degree than that prescribed in this subdivision shall be imposed. 6. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos. 7. The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos. 8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).

Art. 322. Cases of arson not included in the preceding articles. Cases of arson not included in the next preceding articles shall be punished: 1. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos; 2. By arresto mayor in its maximum period to prision correccional in its minimum period, when the damage caused is over 50 pesos but does not exceed 200 pesos; 3. By prision correccional in its minimum and medium periods, if the damage caused is over 200 pesos but does not exceed 1,000 pesos; and 4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.

Art. 323. Arson of property of small value. The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a time or under circumstances which clearly exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this chapter, but in accordance with the damage caused and under the provisions of the following chapter.

Art. 324. Crimes involving destruction. Any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated, shall be punished by reclusion temporal if the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

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o o A Mayor in minimum and medium over P200 but not exceeding P1,000 A Menor or fine of not less than value of damage caused and not more than P200, if amount involved does not exceed P200 or cannot be estimated

The act of damaging anothers property be committed merely for the sake of damaging it. (presupposes that the offender acted due to hate, revenge or other motive) Meaning of damage: not only loss but also diminution of what is a mans own NOTES: Pimentel NOTES: Pimentel

Art. 328. Special cases of malicious mischief. Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished: 1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos; 2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and 3. By arresto menor, in such value does not exceed 200 pesos. NOTES: Reyes Special Cases of Malicious Mischief o Causing damage to obstruct the performance of public functions o Using any poisonous or corrosive substance o Spreading any infection or contagion among cattle o Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public NOTES: Pimentel

Art. 330. Damage and obstruction to means of communication. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines. If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act. For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system. NOTES: Reyes Electric wires, traction cables, signal system, and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system NOTES: Pimentel

Art. 329. Other mischiefs. The mischiefs not included in the next preceding article shall be punished: 1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos; 2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and 3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated. NOTES: Reyes Penalties o A Mayor medium and maximum value of damage caused exceeds P1,000

Art. 331. Destroying or damaging statues, public monuments or paintings. Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court. NOTES: Reyes Acts punished o Destroy or damage statues or any other useful or ornamental public monuments o Destroy or damage any useful or ornamental painting of a public nature NOTES: Pimentel

Chapter Ten

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Adultery shall be punished by prision correccional in its medium and maximum periods. If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. NOTES: Reyes Elements o That the woman is married o That she has sexual intercourse with a man not her husband o That as regards the man with whom she has sexual intercourse, he must know her to be married Effect of Pardon: o Pardon must come before institution of criminal prosecution o Both offenders must be pardoned by offended party Pardon o Implied Pardon - act of intercourse subsequent to adulterous conduct o Express Pardon act of pardon by itself operates as such whether sexual intercourse accompanies the same or not NOTES: Pimentel

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. The exemption established by this article shall not be applicable to strangers participating in the commission of the crime. NOTES: Reyes Crimes involved in the exemption o Theft o Swindling (estafa) o Malicious mischief o NOTE: robbery or estafa through falsification is not covered in this article Who are exempted from liability o Spouses, ascendants and descendants, or relatives by affinity in the same line o Widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another ! The property belongs to deceased spouse ! It has not passed into the possession of a 3rd person o Brothers and sisters and brothers-in-law and sisters-in-law, if living together Exception: not applicable to strangers participating in the commission of the crime NOTES: Pimentel

Title Eleven

CRIMES AGAINST CHASTITY

Chapter One ADULTERY AND CONCUBINAGE

Art. 334. Concubinage. Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. The concubine shall suffer the penalty of destierro. NOTES: Reyes Ways of Committing Crime: o By keeping a mistress in the conjugal dwelling; or o By having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or o By cohabiting with her in any other place Elements: o That the man must be married o That he committed any of the said acts o That as regards the woman, she must know him to be married Cohabit dwell together, in the manner of husband and wife, for some period of time as distinguished from occasional transient interviews for unlawful intercourse NOTES: Pimentel

Art. 333. Who are guilty of adultery. Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS

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Art. 335. When and how rape is committed. Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death. When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964). NOTES: Reyes - nothing NOTES: Pimentel

Art. 336. Acts of lasciviousness. Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional. NOTES: Reyes Elements: o That the offender commits any act of lasciviousness or lewdness o That the act of lasciviousness is committed against a person of either sex o That it is done under any of the following circumstances: ! By using force or intimidation ! When offended party is deprived of reason or otherwise unconscious ! By means of fraudulent machination or grave abuse of authority ! When offended party is under 12 years of age or is demented NOTES: Pimentel

Chapter Three SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Art. 337. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods. The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. NOTES: Reyes Two Classes: o Seduction of a virgin over 12 and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc. ! That the offended party is a virgin, which is presumed if she is unmarried and of good reputation ! That she must be over 12 and under 18 years of age ! That the offender has sexual intercourse with her ! That there is abuse of authority, confidence or relationship on the part of the offender o Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation Offenders in qualified seduction: o Those who abused their authority: person in public authority, guardian, teacher, person who, in any capacity, is entrusted with the education or custody of the woman seduced o Those who abused confidence reposed in them: priest, house servant, domestic o Those who abused their relationship: brother who seduced his sister, ascendant who seduced his descendant Who could be offenders of qualified seduction o Those who abused their authority ! Person in public authority ! Guardian ! Teacher ! Person who in any capacity is entrusted with the education or custody of the woman seduced o Those who abused confidence reposed in them ! Priest ! House servant ! Domestic o Those who abused their relationship ! Brother who seduced his sister ! Ascendant who seduced his descendant Distinguished from rape: if any of the circumstances in the crime of rape is present, the crime is not to be punished under this article NOTES: Pimentel

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Art. 338. Simple seduction. The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor. NOTES: Reyes Elements: o That the offended party is over 12 and under 18 years of age o That she must be of good reputation, single or widow o That the offender has sexual intercourse with her o That it is committed by means of deceit NOTES: Pimentel

Art. 341. White slave trade. The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.) NOTES: Reyes Acts punished: o Engaging in business of prostitution o Profiting by prostitution o Enlisting services of women for the purpose of prostitution NOTES: Pimentel

Art. 339. Acts of lasciviousness with the consent of the offended party. The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. NOTES: Reyes Elements o That the offender commits acts of lasciviousness or lewdness o That the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age o That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit NOTES: Pimentel

Chapter Four ABDUCTION Art. 342. Forcible abduction. The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal. The same penalty shall be imposed in every case, if the female abducted be under twelve years of age. NOTES: Reyes Elements o That the person abducted is any woman, regardless of her age, civil status, or reputation o That the abduction is against her will o That the abduction is with lewd designs Crimes against chastity where age and reputation of victim are immaterial o Rape o Acts of lasciviousness against the will or without the consent of the offended party o Qualified seduction of sister or descendant o Forcible abduction NOTES: Pimentel

Art. 340. Corruption of minors. Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92). NOTES: Reyes Elements: o Offender is person under age o Person promotes or facilitates prostitution or corruption of person under age o Purpose is to satisfy lust of another NOTES: Pimentel

Art. 343. Consented abduction. The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods. NOTES: Reyes Elements o That the offender must be a virgin

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Art. 345. Civil liability of persons guilty of crimes against chastity. Person guilty of rape, seduction or abduction, shall also be sentenced: 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so doing. 3. In every case to support the offspring. The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse. NOTES: Reyes Seduction or Abduction o To indemnify the offended woman o To acknowledge offspring, unless the law should prevent him form doing so o In every case, to support the offspring NOTES: Pimentel

That she must be over 12 and under 18 years of age That the taking away of the offended praty must withoher consent after solicitation or cajolery from the offender o That the taking away of the offended party must be with lewd designs Meaning of virginity not to be understood in so material a sense as to exclude the idea of abduction of a virtuous woman of good reputation NOTES: Pimentel

o o

Chapter Five PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be. In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes. NOTES: Reyes Elements o Adultery and concubinage must be prosecuted upon complaint signed by the offended party o Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by: ! Offended party, ! Her parents, ! Grandparents, or ! Guardians in the order in which they are named above NOTES: Pimentel

Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals. Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian. NOTES: Reyes Persons liable: cooperate as accomplices but are punished as principals: o Ascendants o Guardian o Curators o Teachers, and o Any other person, who cooperates as accomplice with abuse of authority or confidential relationship Crimes embraced in chapters second, third and fourth of this title o Rape o Acts of lasciviousness o Qualified seduction o Simple seduction o Acts of lasciviousness with the consent of the offended party o Corruption of minors o White slave trade

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NOTES: Reyes Usurpation of Civil Status: when a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person Qualifying Circumstance: purpose of defrauding offended party or heirs NOTES: Pimentel

o o NOTES: Pimentel

Forcible abduction Consented abduction

Title Twelve

CRIMES AGAINST THE CIVIL STATUS OF PERSONS Chapter Two ILLEGAL MARRIAGES Art. 349. Bigamy. The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. NOTES: Reyes Elements o That the offender has been legally married o That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the CC o That he contracts a second or subsequent marriage o That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: o Bigamy is an offense against the civil status which may be prosecuted at the instance of the State; Concubinage is a crime against chastity and may be prosecuted only at the instance of the offended party o Bigamy is characterized by the celebration of the 2nd marriage with the first still existing; Concubinage is characterized by mere cohabitation of the husband with a woman NOTES: Pimentel

Chapter one SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status. Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification. NOTES: Reyes Acts punished o Simulation of births woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes the child of another as her own o Substitution of one child for another o Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status ! The child must be legitimate (and a fully developed and living being) ! The offender conceals or abandons such child ! The offender has the intent to cause such child to lose its civil status NOTES: Pimentel

Art. 348. Usurpation of civil status. The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

Art. 350. Marriage contracted against provisions of laws. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment. If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph. NOTES: Reyes Elements

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NOTES: Pimentel

o o

Title Thirteen CRIMES AGAINST HONOR Chapter One LIBEL Section One. Definitions, forms, and punishment of this crime.

That the offender contracted marriage That he knew at the time that: ! the requirements of the law were not complied with; or ! the marriage was in disregard of a legal impediment Qualifying circumstance: obtains the consent of the other by means of violence, intimidation or fraud Requirements of the law for valid marriage o Legal capacity, male and female o Consent freely given o Authority of solemnizing officer o Valid marriage license, except in marriages of exceptional character o Marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age NOTES: Pimentel

Art. 351. Premature marriages. Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos. The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation. NOTES: Reyes Persons Liable o A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death o A woman, who, her marriage having been annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of legal separation NOTES: Pimentel

Art. 352. Performance of illegal marriage ceremony. Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law. NOTES: Reyes Persons liable: Priests or ministers of any religious denomination or sect, or civil authorities

Art. 353. Definition of libel. A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. NOTES: Reyes No distinction between calumny, insult, defamation and libel Elements o There must be an imputation of a crime or of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance o The imputation must be made publicly o It must be malicious o The imputation must be directed at a natural or juridical person or one who is dead o The imputation must tend to cause the dishonor, discredit or contempt of the person defamed There must be defamatory imputation. It may cover o Crime allegedly committed by the offended party o Vice or defect, real or imaginary of the offended party o Any act, omission, condition, status of, or circumstance relating to the offended party Imputation of criminal intention is not libelous Vice or act: when a person in an article, imputes upon the persons mentioned therein, lascivious and immoral habits, that article is of a libelous nature as it tends to discredit the person libeled in the mindgs of those reading the said article Publication: communication of the defamatory matter to some third person or persons Meanings o Dishonor disgrace, shame or ignominy o Discredit loss of credit or reputation o Contempt state of being despised NOTES: Pimentel

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correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. NOTES: Reyes Libel may be committed by means of o Writing o Printing o Lithography o Engraving o Radio o Phonograph o Painting o Theatrical exhibition o Cinematographic exhibition o Or any similar means NOTES: Pimentel

Art. 354. Requirement for publicity. Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1. A private communication made by any person to another in the performance of any legal, moral or social duty; and 2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. NOTES: Reyes Malice in law is presumed from every defamatory imputation Malice is not presumed when o A private communication made by any person to another in the performance of any legal, moral or social duty ! The person who made the communication had a legal, moral or social duty to make the communication, or, at least, he had an interest to be upheld ! The communication is addressed to an officer or a board, or superior, having some interest or duty in the matter ! The statements in the communication are made in good faith without malice (in fact) o A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions ! That it is a fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions ! That it is made in good faith ! That it is without comments or remarks NOTES: Pimentel

Art. 356. Threatening to publish and offer to present such publication for a compensation. The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. NOTES: Reyes Acts punished o By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family o By offering to prevent the publication of such libel for compensation, or money consideration Blackmail: metaphorical sense may be defined as any unlawful extortion of money by threats of accusation or exposure. Felonies where blackmail is possible o Light threats o Threatening to publish or offering to prevent the publication of a libel for compensation NOTES: Pimentel

Art. 355. Libel means by writings or similar means. A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision

Art. 357. Prohibited publication of acts referred to in the course of official proceedings. The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. NOTES: Reyes

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o o simple slander by deed grave slander by deed that is which is of serious nature 2 kinds o o NOTES: Pimentel That such act is performed in the presence of other person or persons That such act casts dishonor, discredit or contempt upon the offended party

This article is known as the GAG LAW Elements o That the offender is a reporter, editor or manager of a newspaper daily or magazine o That he publishes facts connected with the private life of another o That such facts are offensive to the honor, virtue, and reputation of said person 2 things to constitute a violation of the prohibition o article published contains facts connected with the private life of an individual o such facts are offensive to the honor, virtue and reputation of the said person NOTES: Pimentel Section Two. General provisions

Art. 358. Slander. Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. NOTES: Reyes Slander is oral defamation 2 kinds o simple slander o grave slander serious and insulting in nature factors of gravity for the offense o expressions used o personal relations of the accused and offended o circumstances surrounding the case NOTES: Pimentel

Art. 359. Slander by deed. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos. NOTES: Reyes Slander by deed: a crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person; this crime is an ACT, while libel or slander is WORDS Elements o That the offender performs any act not included in any other crime against honor

Art. 360. Persons responsible. Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof. The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law. Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965). NOTES: Reyes Persons liable

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Art. 362. Libelous remarks. Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. NOTES: Reyes Libelous Remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall NOT exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. NOTES: Pimentel

Person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means o The author or editor of a book or pamphlet o The editor or business manager of a daily newspaper magazine or serial publication o The owner of the printing plant which publishes a libelous article with his consent and all other person who in any way participate in or have connection with its publication Damages in defamation actual damages need not be proved, at least where the publication is libelous per se NOTES: Pimentel

Chapter Two INCRIMINATORY MACHINATIONS Art. 363. Incriminating innocent person. Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor. NOTES: Reyes Elements o That the offender performs an act o That by such act he directly incriminates or imputes to an innocent person the commission of a crime o That such act does not constitute perjury. This is limited to planting evidence and the like, which tend directly to cause false prosecution Incriminating an innocent person distinguished from perjury by making false accusation o Incriminating an innocent: by performing an ACT by which the offender directly incriminates or imputes to an innocent the commission of a crime; perjury: the gravamen of the offense is the imputation itself, falsely made, before an officer o Incriminating an innocent limited to the act of planting evidence and the like; Perjury: giving of false statement under oath or the making of a false affidavit Incriminatory machinations v defamation o IM: offender does not avail himself of written or spoken words in besmirching the victims reputation, as would be in the case of defamation o Defamation: imputation made must be public and malicious and besides must be calculated to cause the dishonor, discredit or contempt of the aggrieved party NOTES: Pimentel

Art. 361. Proof of the truth. In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted. Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties. In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted. NOTES: Reyes Proof of Truth is Admissible in any of the Following: o When the act or omission imputed constitutes a CRIME regardless of whether the offended party is a private individual or a public officer o When the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties. Requisites of Defense of Defamation: o If it appears that the matter charged as libelous is true proof of truth in defamation is limited to: ! Act or omission constituting a crime ! Act or omission of a public officer which, although not constituting a crime, is related to the discharge of his duties o It was published with good motives court shall determine this by taking into consideration intention and other circumstances of each particular case o And for justifiable ends NOTES: Pimentel

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Art. 364. Intriguing against honor. The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person. NOTES: Reyes Intriguing against honor is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person NOTES: Pimentel

Title Fourteen QUASI-OFFENSES

Sole Chapter CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence. Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed. Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed. When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos. A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four. The provisions contained in this article shall not be applicable: 1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods. Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957). NOTES: Reyes Quasi offenses under this article are committed in four ways o Committing through reckless imprudence any act which had it been intentional, would constitute a grave or less grave felony or light felony o Committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony o Causing damage to the property of another through reckless imprudence or simple imprudence or negligence o Causing through simple imprudence or negligence some wrong which if done maliciously would have constituted a light felony Imprudence or negligence is not a crime in itself; it is simply a way of committing a crime Negligence under the penal code and that under the civil code: the negligent act causing damage may produce civil liability arising from crime or create an action for quasi-delict under the civil code. Imprudence v negligence: Imprudence indicates a deficiency of action; Negligence is a deficiency of perception Reckless imprudence consists in voluntarily but without malice doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place Simple imprudence: consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest Elements of reckless imprudence o Offender does or fails to do an act o Doing of or the failure to do that act is voluntary o It be without malice o Material damage results o There is inexcusable lack of precaution on the part of the offender ! His employment or occupation ! Degree of intelligence, physical condition and ! Other circumstances regarding persons, time and place

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And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed.

Test of negligence: would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued Elements of simple imprudence o There is lack of precaution on the part of the offender o The damage impending to be caused is not immediate or the danger is not clearly manifest EXCEPTION in paragraph 6: when the penalty provided for the offense is equal to or lower than those provided in the first 2 paragraphs of this article, in which case the courts shall impose the penalty next lower in degree than that which should be imposed, in the period which they may deep proper to apply DOCTRINE of last clear chance: the contributory negligence of the party injured will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party EMERGENCY RULE: An automobile driver who, by the negligence of another and not by his own negligence, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes such a choice which a person of ordinary prudence placed in such a position might take even though he did not make the wisest choice NOTES: Pimentel

FINAL PROVISIONS

Art. 366. Application of laws enacted prior to this Code. Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission.

Art. 367. Repealing Clause. Except as is provided in the next preceding article, the present Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby repealed. The provisions of the Acts which are mentioned hereunder are also repealed, namely: Act 666, Sections 6 and 18. Act 1508, Sections 9, 10, 11, and 12. Act 1524, Sections 1, 2, and 6. Act 1697, Sections 3 and 4. Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12. Act 2381, Sections 2, 3, 4, 6, 8, and 9. Act 2711, Sections 102, 2670, 2671, and 2672. Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.