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Quick Pointers in Criminal

Law
(Book 2: Art 114 - 152)
Notes from Lecture of Fiscal Salva (Ret.)
Former Chief Prosecutor, City of Manila
JURISTS BAR REVIEW CENTER
August 14, 2015

Notes
This is not a complete transcript of the lecture
The slides are limited to brief annotations, which the
author humbly found remarkable and especially
enlightening.
Made these slides to combat sleepiness and be
productive, so forgive some typographical and
grammatical lapses

Prepared by:
Lawrence P. Villamar
(With cross-reference to my honey
bunch Panky Obbania)

Treason
Continuing crime
TWO WITNESS RULE Only crime requiring two credible
witnesses for the same overt act as way of proving
because war time is abnormal time.

Conspiracy & Proposal to Commit


Treason
Conspiracy need not be accepted in proposal to commit
treasin

Misprision of Treason
A crime of ommission
May only be committed by a Filipino citizen (note that
this is not expressly identified in the provision of the
law).
What must be reported is only conspiracy. If crime is
committed already, there can not be misprision if
unreported.

Piracy under PD 522


Stowaways may commit piracy undern PD 522, for the
purpose of which he is a stranger, unless he is invited
by the captain.

Act of Terrorism (RA 9372)


Sec. 49 acquittal or conviction under RA 9372 bars
prosecution for crimes enumerated under Sec. 3
defining acts of terrorism under which piracy is
included.

Kinds of Arbitrary Detention


See Art. 124 125 126 of RPC

Delay in Delivery of Detained


Persons (Art. 125)
Applies only to warrantless arrest

Delaying Release (Art. 126)


Process server may be held liable

Remedy to Delayed Realease


The speediest remedy is writ of habeas corpus

Expulsion (Art 127) vs Grave


Coercion (Art. 286)
If without lawful authority, then there may be grave
coercion.
Note that expulsion may only be committed by public
officer or piublic employee.

Violation of Domicile (Art. 128)


There must either be express or implied prohibition.
If entrance is through a window, there is prohibition as
the window is not meant to be a means of entry.
If entry is allowed, does not mean search is included
in permission.
If policeman leaves but returns, there may be unjust
vexation.

Search Warrant Maliciously Obtained


(Art. 129)
May also be liable for perjury as to obtain a search
warrant, police officer needs to execute an affidavit.
ABUSE IN THE SERVICE -If valid, policeman must not use
unreasonable or excessive force. He may be charged
with some other crime, if he serves the warrant with
unreasonable or excessive force.
If nightime or failure to return seized things not covered
by warrant, the violation of domicile becmes qualified.

Dangerous Drug Act Of 2002


PLANTING OF EVIDENCE - may be committed by any
person not only police officer, under Sec 29 of RA 9165.
NOTE: Sec. 25 on Liability of Public Officer for
Misappropriation etc was asked in the bar exam life
imprisonment to death, plus fine.

JOKE TIME
Fiscal Salva: When I lecture to police men, I ask them
why does their curriculum include Agriculture? Planting
of evidence, thats Agriculture. Tawa mga pulis!
(OVERHEARD) Police man in the audience: Hindi lang
dapat Agriculture, Janitorial Services din! Pag-lilinis ng
ebidensiya!
Fiscal Salva: Ang korapsyon talaga, kahit saan
PRIVATE JOKE from Stella Agustin: Ah, kaya pala yung
kakilala ko naka-iPhone!

Interruption of Religious Worship


Covers traditions religious worship
If not, may be covered by Art 131 Prohibition of
Peaceful Meeting

Offending Religious Feelings


Committing an offending act in a place devoted to
religious worship
There need not be worship at the time of commission
Must be related to religious ceremony
If not offending religious feeling, may be unjust
vexation.

Crimes Against Public Order (Title 3)


REBELLION - Rising publicly and taking arms against
the Government May be rephrased to public armed
uprising for purpose answering in the bar exam.
No mention of Judiciary, only Chief Executive or
Legislature in Art 134. But may be liable for Sedition
under Art 139.
SC: Common crimes committed in furtherance of
rebellion are absorbed. (PURPOSE TEST: political
motivation)
Rape can not be absorbed as it may not be committed
in furtherance of a political motivation

Rebellion (Art 134)


Rebellion may absorb murder if government recognizes
that the accused is a member of Sparrow or
liquidation unit of the New Peoples Army.
The court may take judicial notice and dIsmiss charge of
murder without prejudice to filing of rebellion

Inciting to Rebellion (Art 138)


Offender may not be one who is already committing
rebeallion against the government
Incite by means of speech, proclamations,
writings,emblems, banners, or other representations

Coup detat (Art 134-A)


To strike against the State
PURPOSE: To seize or diminish power of the State, but
not to overthrow it (unlike in rebellion).
May be committed without public uprising, but by swift
attack
In rebellion, there must be a multitude. In coup detat, a
single police officer may commit the crime.
In rebellion, address against entire Government. In coup
detat, directed against duly constituted authorities etc.
Common crimes deemed absorbed, unless personally
benefitted.

Sedition (Art 139)


Rise publicly and tumultuously
Manner and purpose enumerated in Art. 139 (1-5)
To despoil means to render useless.
Killing appreciated as a separate criminal act from
sedition as the provision of law does not include taking
of arms, unlike in rebellion.

Inciting to Sedition (Art 142)


No crime as proposal to commit sedition
May be charge as principal by inducement to inciting to
sedition
Mere vessel of rebel may not be convicted of rebellion
(see case of Ka Beltran)

Act of Terrorism
In advent of Human Security Act of 2007, use of
violence to demand government to give in to unlawful
demand is act of terrorism
Once convicted/acquitted, may no longer be charged
with rebellion.
Differentiate with complex crime(Art 48): In complex
crime, cri inal act seen in the eyes of the law as a single
offense and penalty is for serious crime in maximum
period. Whereas in act of terrorism, if not all requisites
are not proven, accused must be acquitted (unlike in
ordinary crime, court may convict for lesser offense)

Disloyalty of Public Officers (Art


137)
Three ways to commit (see codal provisions)
If acts committed by private person, he is liable for
rebellion, not for disloyalty
Only public officer or employee may commit this.

Violation of Parliamentary Immunity


(Art 145)
No criminal prosecution (Only for libel or oral
defamation) when committed in the performance of
official function.
Ammended by 1987 Constitution: now, only for crimes
with penalty of prision correctional
If policeman stops Congressman for violations with
penalty not greater than prision correccional committed
while he is on his way to Congress, policeman is liable.

Tending to Prevent Meetings of


Legislature
Meeting, broader than sessions (Art 143)

Direct Assault (Art 148)


Two ways to commit: (1) First way, may be committed
by anyone, and victim may be a private person (in
relation to purposes of rebellion/sedition, sans public
uprising); (2) Second way, victim is a public
officer/person in authority.
Always without public uprising.
In second way, offender knows the victim is a person in
authority/agent of persons in authority, as it is a
defiance of authority (may be physical injury only)
In second method, attack directed to performance or
past performance of authority

Persons in Authority/Agents (Art


152)
Person directly vested with jurisdiction. Barrio
captain/brgy chairman included, only within their
jurisdiction.
Agent of Persons in Authority election or appointment/
maintenance of public order/protection of life and
property/comes to aid of persons in authority
Lawyers, professors, SUCs person in authority while in
the performance of his duty
In relation to direct/indirect assaults
In relation to Art 151 Resistance/disobedience

Direct Assault
Victim should still be engaged in public service.