FRATERNAL ORDER OF UTOPIA Criminal Law II TITLE ONE I.

CRIMES AGAINST NATIONAL SECURITY Article 114 ELEMENTS OF TREASON: a. That the offender owes allegiance to the Government of the Philippines b. That there is a war in which the Philippines is involved c. That the offender either d. Levies war against the government, i. breach of allegiance ii. actual assembling of men iii. for the purpose of executing a reasonable design e. Adheres to the enemies, giving them aid and comfort i. breech of allegiance ii. adherence iii. giving aid or comfort to the enemy Ways of proving treason: 1. 2 witnesses testifying to same overt act - Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT. 2. Confession of the accused in open court. Arraignment, pre-trial, trial OK. - If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. - During trial, simply saying Im guilty is not enough. - Withdrawing plea of not guilty during arraignment not necessary - If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. Judge Oscar Pimentel

Notes: 1. 2. 3. 4. Treason: breach of allegiance to the govt, committed by a person who owes allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or an alien. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for declaration of war Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Not Treasonous Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason (exception: when it is policy determining) Serving in a puppet govt (ministerial functions) and in order to serve the populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.

1. 2.

FRATERNAL ORDER OF UTOPIA 3. 1. 2. 3. Purpose of offender: to deliver Phil to enemy country; if merely to change officials not treason On Citizenship Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. Only Filipino citizens or permanent resident aliens can be held liable Alien: with permanent resident status from the BID it is not the length of stay in the Phil that matters nor the marriage with a Filipino. Other Notes Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort material element, enhances forces of the enemy country. - Acts which strengthen or tends to strengthen the enemy in the conduct of war against the traitors country or that which weakens and tends to weaken the power of the same. Ex. Financing arms procurement of enemy country. But giving of shelter is not necessarily giving aid and comfort Adherence and giving aid or comfort must concur together. Ex. Giving info to, or commandeering foodstuffs for the enemy. Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his countrys policy. But membership in the police force during the occupation is NOT treason. - Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted. If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12. No treason through negligence When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason.

1. 2. 3. 4.

5.

6. 7. 8.

Article 115 ELEMENTS OF CONSPIRACY TO COMMIT TREASON 1. In time of war 2. 2 or more persons come to an agreement to a. levy war against the government, or b. adhere to the enemies and to give them aid or comfort, 3. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON 1. In time of war 2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s. Notes for Conspiracy and Proposal: 1. Mere agreement and decisions to commit treason is punishable 2. Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy. Article 116 ELEMENTS OF MISPRISION OF TREASON : 1. That the offender must be owing allegiance to the government, and not a foreigner 2. That he has knowledge of any conspiracy (to commit treason) against the government 3. That 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 or fiscal of the city in which he resides

FRATERNAL ORDER OF UTOPIA Notes: 1. Offender is punished as an accessory to the crime of treason 2. This crime does not apply if the crime of treason is already committed 3. Crime of ommission 4. To report within a reasonable time depends on time, place and circumstance the RPC did not fix time. 5. RPC states 4 individuals, what if you report to some other high-ranking govt official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK. Article 117 ELEMENTS OF ESPIONAGE BY ENTERING, WITHOUT AUTHORITY THEREFOR, A WARSHIP, FORT, OR NAVAL OR MILITARY ESTABLISHMENTS OR RESERVATION TO OBTAIN ANY INFORMATION, PLANS, PHOTOGRAPHS OR OTHER DATA OF A CONFIDENTIAL NATURE RELATIVE TO THE DEFENSE OF THE PHILIPPINES: 1. 2. a. That the offender enters any of the places mentioned therein b. That he has no authority therefore; That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines

ELEMENTS OF ESPIONAGE BY DISCLOSING TO THE REPRESENTATIVE OF A FOREIGN NATION THE CONTENTS OF THE ARTICLES, DATA OR INFORMATION REFERRED TO IN PAR. 1 OF ART 117, WHICH HE HAD IN HIS POSSESSION BY REASON OF THE PUBLIC OFFICE HE HOLDS 1. 2. 3. That the offender is a public officer That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds That he discloses their contents to a representative of a foreign nation

Notes: 1. Purpose: to gather data 2. Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Phil or the advantage of any foreign nation. It is not conditioned on citizenship. 3. Not necessary that Phil is at war w/ the country to whom the info was revealed. What is important is that the info related is connected with the defense system of the Phil. 4. Wiretapping is NOT espionage if the purpose is not something connected with the defense 5. See CA 616 II. CRIMES AGAINST LAWS OF NATIONS Article 118 ELEMENTS OF INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS: 1. That the offender performs unlawful or unauthorized acts 2. That 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 Notes: 1. Crime is committed in time of peace, intent is immaterial 2. Inciting to war offender is any person

FRATERNAL ORDER OF UTOPIA 3. Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

Article 119 ELEMENTS OF VIOLATION OF NEUTRALITY: 1. That there is war in which the Philippines is not involved 2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality 3. That the offender violates such regulation Notes: 1. Govt must have declared the neutrality of the Phil in a war between 2 other countries 2. It is neutrality of the Phil that is violated 3. Congress has the right to declare neutrality Article 120 ELEMENTS OF CORRESPONDENCE WITH HOSTILE COUNTRY 1. That it is in time of war in which the Philippines is involved 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops 3. That the correspondence is either a. prohibited by the government, or b. carried on in ciphers or conventional signs, or c. containing notice or information which might be useful to the enemy Notes: 1. Circumstances qualifying the offense: 1 a. notice or information might be useful to the enemy 2 b. offender intended to aid the enemy 2. Hostile country exist only during hostilities or after the declaration of war 3. Correspondence to enemy country correspondence to officials of enemy country even if related to you. 4. It is not correspondence with private individual in enemy country 5. If ciphers were used, no need for prohibition 6. If ciphers were not used, there is a need for prohibition 7. In any case, it must be correspondence with the enemy country 8. Doesnt matter if correspondence contains innocent matters if prohibited, punishable Article 121 ELEMENTS OF FLIGHT TO ENEMYS COUNTRY: 1. That there is a war in which the Philippines is involved 2. That the offender (Filipino or resident alien) must be owing allegiance to the government 3. That the offender attempts to flee or go to enemy country 4. That going to enemy country is prohibited by competent authority Notes: 1. Mere attempt consummates the crime 2. There must be a prohibition. If none, even if went to enemy country no violation 3. Alien resident may be guilty here. Article 122 ELEMENTS OF PIRACY: 2 Ways of Committing Piracy 1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)

FRATERNAL ORDER OF UTOPIA 2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers

Elements: 1. That a vessel is on the high seas/Philippine waters 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offenders a. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but robbery in the high seas. b. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers Notes: 1. High seas: any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign govt 2. PD 532 has been already repealed 3. Piracy in high seas jurisdiction is w/ any court where offenders are found or arrested 4. Piracy in internal waters jurisdiction is only with Philippine courts 5. For purpose of Anti-Fencing Law, piracy is part of robbery and theft Piracy Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Intent to gain is an element. Attack from outside. Offenders are strangers to the vessel. (this is the standing rule with the repeal of PD 532 which made it possible for any person to commit piracy including a passenger or complement of the vessel). Mutiny Unlawful resistance to a superior officer, or the raising of commotion and disturbances on board a ship against the authority of its commander Attack from the inside.

Article 123 QUALIFIED PIRACY: 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 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape (the above may result to qualified mutiny) Notes: 1. Parricide/infanticide should be included (Judge Pimentel) 2. Note the new rape law. Death is imposed in certain types of rape 3. There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone below 7 death under the new rape law. But if rape committed on someone below 7 during the time of piracy RP to death. Irreconcilable. 4. Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 5. Q: What if harm inflicted on co-accused? 6. Q: What if boarding was surreptitious? TITLE TWO I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

FRATERNAL ORDER OF UTOPIA Classes of Arbitrary Detention: 1. By detaining a person without legal ground 2. Delay in the delivery of detained persons to the proper judicial authorities 3. Delaying release Article 124 ELEMENTS OF ARBITRARY DETENTION: 1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order). 2. That he detains a person (actual restraint). 3. That the detention was without legal grounds (cannot be committed if with warrant). Notes: 1. Detention: when a person is placed in confinement or there is a restraint on his person. 2. Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. 3. Legal grounds for the detention of any person: 3 a. commission of a crime 4 b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital 4. Without legal grounds: a. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital 5. Know grounds for warrantless arrest: a. Crime is about to be, is being, has been committed b. Officer must have reasonable knowledge that the person probably committed the crime 6. For escaped prisoner no need for warrant 7. Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel) 8. Example. Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the officers that he did it although he was not asked. X was detained immediately. According to the SC, there was NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him. 9. Continuing crime is different from a continuous crime 10. Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have not been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can be made without a warrant because this is a continuing crime. Article 125 ELEMENTS OF DELAY IN THE DELIVERY OF DETAINED PERSONS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal grounds 3. That he fails to deliver such person to the proper judicial authority within: a. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent b. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or c. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent Notes: 1. Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for. 2. Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint with the judicial authority (courts, prosecutors though technically not a judicial authority, for purposes of this article, hes considered as one.)

FRATERNAL ORDER OF UTOPIA Illegality of detention is not cured by the filing of the info in court. Neither does it affect the legality of the confinement under process issued by the court. 4. To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of the accused constitutional right. 5. What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge Pimentel) 6. Article does not apply when arrest is via a warrant of arrest 7. If offender is a private person, crime is illegal detention Arbitrary Detention (124) Delay in Delivery of Detained (125) Detention is illegal from the beginning. Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. Article 126 ELEMENTS OF DELAYING RELEASE: 1. That the offender is a public officer or employee 2. That 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 3. That the offender without good reason delays: a. the service of the notice of such order to the prisoner, or b. the performance of such judicial or executive order for the release of the prisoner, or c. the proceedings upon a petition for the release of such person Notes: 1. Three acts are punishable: a. delaying the performance of a judicial or executive order for the release of a prisoner b. delaying the service of notice of such order to said prisoner c. delaying the proceedings upon any petition for the liberation of such person 2. Wardens and jailers are the persons most likely to violate this provision 3. Provision does not include legislation Article 127 ELEMENTS OF EXPULSION: 1. That the offender is a public officer or employee 2. That he expels any person from the Philippines, or compels a person to change his residence 3. That the offender is not authorized to do so by law Notes: 1. 2 acts punishable: a. by expelling a person from the Phil b. by compelling a person to change his residence (The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion) 2. Villavicencio v. Lukban: prostitutes case 3. Does not include undesirable aliens; destierro; or when sent to prison 4. If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address here 5. Threat to national security is not a ground to expel or change his address. Article 128 ELEMENTS OF VIOLATION OF DOMICILE: 1. That the offender is a public officer or employee 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects 3.

FRATERNAL ORDER OF UTOPIA 3. That he commits any of the following acts: a. entering any dwelling against the will of the owner thereof b. searching papers or other effects found therein without the previous consent of such owner c. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same

Notes: 1. Aggravating Circumstance (medium and maximum of penalty imposed): a. offense committed at nighttime b. papers or effects not constituting evidence of a crime be not returned immediately 3. If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280) 4. When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287) 5. A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is having unlawful possession of opium 6. 3 acts punishable: a. person enters dwelling w/o consent or against the will b. person enters and searches for papers and effects c. person entered secretly and refuses to leave after being asked to 7. Being authorized by law means with search warrant, save himself or do some things good for humanity 8. There must be expression that entry is denied or that he is asked to leave 9. Papers and effects need not be part of a crime. Article 129 ELEMENTS OF SEARCH WARRANTS MALICIOUSLY OBTAINED: 1. That the offender is a public officer or employee 2. That he procures a search warrant 3. That there is no just cause ELEMENTS OF ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED 1. That the offender is a public officer or employee 2. That he has legally procured a search warrant 3. That he exceeds his authority or uses unnecessary severity in executing the same Notes: 1. Search warrant is valid for 10 days from its date 2. Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for personal property described therein and bring it before the court 3. No just cause warrant is unjustified 4. Search limited to what is described in the warrant, all details must be with particularity 5. Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. 6. Abuse examples: a. X owner was handcuffed while search was going-on. b. Tank was used to ram gate prior to announcement that a search will be made c. Persons who were not respondents were searched

FRATERNAL ORDER OF UTOPIA Article 130 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES: 1. That the offender is a public officer or employee 2. That he is armed with a search warrant legally procured 3. That he searches the domicile, papers or other belongings of any person 4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present Notes: 1. Order of those who must witness the search: a. Homeowner b. Members of the family of sufficient age and discretion c. Responsible members of the community (cant be influenced by the searching party) 2. Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination. Article 131 ELEMENTS OF PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS: 1. 2. Offender is a public officer or employee He performs any of the ff. acts: a. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner). b. hindering any person from joining any lawful association or from attending any of its meetings c. prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances

Notes: 1. If the offender is a private individual, the crime is disturbance of public order (Art 153) 2. Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting 3. Meeting is subject to regulation 4. Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation 5. Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article 6. The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped 7. But stopping the speaker who was attacking certain churches in public meeting is a violation of this article 8. Prohibition must be without lawful cause or without lawful authority 9. Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer is liable for stopping the meeting. Article 132 ELEMENTS OF INTERRUPTION OF RELIGIOUS WORSHIP: 1. That the officer is a public officer or employee 2. That religious ceremonies or manifestations of any religion are about to take place or are going on 3. That the offender prevents or disturbs the same Notes: 1. Circumstance qualifying the offense: if committed with violence or threats 2. Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, its a religious service

FRATERNAL ORDER OF UTOPIA 3. 4. 5. Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art 133 because X is a private person. When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not.

Article 133 ELEMENTS OF OFFENDING RELIGIOUS FEELINGS: 1. That the acts complained of were performed a. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material) b. during the celebration of any religious ceremony 2. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) 3. The offender is any person 4. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet Notes: 1. If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony 2. Example of religious ceremony (acts performed outside the church). Processions and special prayers for burying dead persons but NOT prayer rallies 3. Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing or attempting to damage an object of religious veneration 4. There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough CRIME Prohibition, Interruption and Dissolution of Peaceful Meeting (131) Interruption of Religious Worship (132) Offending the Religious Feeling (133) Nature of Crime Crime against the fundamental law of the state Crime against the fundamental law of the state Crime against public order Who are Liable Public officers, Outsiders Public officers, Outsiders Public officers, private persons, outsiders If Element Missing If not by public officer = tumults If by insider = unjust vexation If not religious = tumult or alarms If not notoriously offensive = unjust vexation If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion

TITLE THREE I. CRIMES AGAINST PUBLIC ORDER Article 134 ELEMENTS OF REBELLION OR INSURRECTION 1. That there be a. public uprising and b. taking arms against the government (force/violence) 2. That the purpose of the uprising or movement is either a. to remove from the allegiance to said government or its laws i. the territory of the Philippines or any part thereof, or ii. any body of land, naval or other armed forces, or b. to deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives Persons liable for rebellion

FRATERNAL ORDER OF UTOPIA 1. 2. Any person who: (a) promotes (b) maintains, or (c) heads a rebellion or insurrection; or Any person who, while holding any public office or employment, takes part therein by: a. engaging in war against the forces of the government b. destroying property or committing serious violence c. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: diverting public funds is malversation absorbed in rebellion); Any person merely participating or executing the command of others in rebellion

3.

Notes: 1. Success is immaterial, purpose is always political 2. Rebellion used where the object of the movement is completely to overthrow and supersede the existing government 3. Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of govt authority w/ respect to particular matters or subjects 4. Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the govt 5. Purpose of the uprising must be shown but it is not necessary that it be accomplished 6. A change of government w/o external participation 7. RISING PUBLICLY and TAKING ARMS AGAINST GOVT actual participation. If there is no public uprising, the crime is of direct assault. 8. Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be ACTUAL participation 9. Not necessary that there is killing, mere threat of removing Phil is sufficient 10. Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such 11. A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed 12. If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando) 13. Read People v. Hernandez and Enrile v. Salazar 14. Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. directed the others b. spoke for them c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the rebels Article 134-A ELEMENTS OF COUP D ETAT: 1. Swift attack 2. Accompanied by violence, intimidation, threat, strategy or stealth 3. Directed against a. duly constituted authorities b. any military camp or installation c. communication networks or public utilities d. other facilities needed for the exercise and continued possession of power 4. Singly or simultaneously carried out anywhere in the Phil 5. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation 6. With or without civilian support or participation 7. Purpose of seizing or diminishing state power

FRATERNAL ORDER OF UTOPIA Notes: 1. Crime may be committed by a single person, any govt employee and even by civilians 2. Taking up of arms not even necessary, what is impt is violence, threat, intimidation, strategy or stealth Nature of Crime Overt Acts Treason (114) Crime against National Security levying war against the govt; OR adherence and giving aid or comfort to enemies Deliver the govt to enemy during war Rebellion (134) Crime against Public Order Public uprising AND Taking up arms against the govt See article. Coup detat (134-A) Crime against Public Order See article. Sedition (139) Crime against Public Order Rising publicly or tumultuously (caused by more than 3 armed men or provided with means of violence) See enumeration in article.

Purpose of objective

Seizing or diminishing state power.

Article 135 PENALTIES: Who are liable? 1. Any person who: a. promotes b. maintains c. heads a rebellion or insurrection 2. Any person who, while holding any public office or employment, takes part therein a. engaging in war against the forces of the govt b. destroying property or committing serious violence c. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated 3. Any person merely participating or executing the command of other in a rebellion In Government Service Anyone who leads, directs, commands others to undertake a coup. Not in Government Service Anyone who participates or in an manner, supports, finances, abets, aids in a coup.

Notes: 1. Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force. 2. Diverting public funds is malversation absorbed in rebellion 3. Public officer must take active part because mere silence or omission not punishable in rebellion 4. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the govt 5. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the govt 6. Killing, robbing etc for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. Article 136 ELEMENTS OF CONSPIRACY TO COMMIT REBELLION OR INSURRECTION: 1. 2 more persons come to an agreement to rise publicly and take arms against the government 2. For any of the purposes of rebellion 3. They decide to commit it D. ELEMENTS OF PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

FRATERNAL ORDER OF UTOPIA 1. 2. 3. A person who has decided to rise publicly and take arms the government For any of the purposes of rebellion Proposes its execution to some other person/s

Notes: 1. Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the govt 2. The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if theres no evidence that the hearers then and there agreed to rise up in arms against the govt 3. Conspiracy must be immediately prior to rebellion 4. If it is during the rebellion, then it is already taking part in it. Article 137 ELEMENTS OF DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES: 1. Failing to resist rebellion by all the means in their power 2. Continuing to discharge the duties of their offices under the control of rebels 3. Accepting appointment to office under rebels Notes: 1. Presupposes existence of rebellion 2. Must not be in conspiracy with rebels or coup plotters 3. If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there are no means, no fault 4. If position is accepted in order to protect the people, not covered by this 5. The collaborator must not have tried to impose the wishes of the rebels of the people. Article 138 ELEMENTS OF INCITING TO REBELLION OR INSURRECTION: 1. That the offender does not take arms or is not in open hostility against the government 2. That he incites others to the execution of any of the acts of rebellion 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end Notes: 1. Intentionally calculated to seduce others to rebellion 2. There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 Proposal to Commit Rebellion (136) The person who proposes has decided to commit rebellion. The person who proposes the execution of the crime uses secret means. Inciting to Rebellion (138) Not required that the offender has decided to commit rebellion. The inciting is done publicly.

Article 139 ELEMENTS OF SEDITION: 1. That the offenders rise a. Publicly (if no public uprising = tumult and other disturbance of public order) and b. Tumultuously (vis--vis rebellion where there must be a taking of arms) 2. That they employ force, intimidation, or other means outside of legal methods 3. That the offenders employ any of those means to attain any of the following objects: a. to prevent the promulgation or execution of any law or the holding of any popular election

FRATERNAL ORDER OF UTOPIA b. c. d. e. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order to inflict any act or 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 private persons or any social class (hence, even private persons may be offended parties) to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof

Notes: 1. Sedition: raising of commotions or disturbances in the State. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. 2. Difference from rebellion object or purpose of the surprising. For sedition sufficient that uprising is tumultous. In rebellion there must be taking up of arms against the govt 3. Sedition purpose may be either political or social. In rebellion always political 4. Tumultous caused by more than 3 persons who are armed or provided w/ means of violence 5. Preventing public officers from freely exercising their functions 6. In sedition offender may be a private or public person (Ex. Soldier) 7. Public uprising and the object of sedition must concur 8. Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other. 9. Preventing election through legal means NOT sedition 10. But when sugar farmers demonstrated and destroyed the properties of sugar barons sedition 11. Persons liable for sedition: a. leader of the sedition, and b. other persons participating in the sedition Article 142 ELEMENTS OF INCITING TO SEDITION: 1. That the offenders does not take a direct part in the crime of sedition 2. That he incites others to the accomplishment of any of the acts which constitute sedition (134) 3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end (purpose: cause commotion not exactly against the government; actual disturbance not necessary) Different acts of inciting to sedition: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc. 2. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace 3. Knowingly concealing such evil practices When punishable: 1. when they tend to disturb or obstruct any laeful officer in executing the functions of his office; or 2. when they tend to instigate others to cabal and meet together for unlawful purposes 3. when they suggest or incite rebellious conspiracies or riots; or 4. when they 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.

II. CRIMES AGAINST POPULAR REPRESENTATION Article 143

FRATERNAL ORDER OF UTOPIA ELEMENTS OF ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES: 1. That there be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board 2. That the offender who may be any persons prevents such meeting by force or fraud Note: Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. Article 144 ELEMENTS OF DISTURBANCE OF PROCEEDINGS: 1. That there be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board 2. That the offender does any of the following acts a. he disturbs any of such meetings b. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Note: Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt. Article 145 ELEMENTS OF VIOLATION OF PARLIAMENTARY IMMUNITY: Acts punishable: 1. By using force, intimidation, threats, or frauds to prevent any member of Congress from a. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from b. expressing his opinions or c. casting his vote Elements: (1) That the offender uses force, intimidation, threats or fraud (2) That the purpose of the offender is to prevent any member of the national assembly from a. Attending the meetings of the assembly or of any of its subcommittees or b b. Expressing his opinion; or c c. Casting his vote 3. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor Elements: (1) That the offender is a public officer or employee (2) That he arrests or searches any member of Congress (3) That Congress, at the time of arrest or search, is in a regular or special session (4) That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 yrs. imprisonment). Note: Article partly inoperative because of the 1987 Consti . III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

FRATERNAL ORDER OF UTOPIA Article 146 ELEMENTS OF ILLGAL ASSEMBLIES: Two (2) Types of illegal assemblies: 1. Meeting of the first form a. Meeting, gathering or group of persons whether in a fixed place or moving b. purpose : to commit any of crimes punishable under the code c. meeting attended by armed persons 2. Meeting of the second form a. Meeting, gathering or group of persons whether in a fixed place or moving b. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Notes: 1. Not all the persons present at the meeting of the first form of illegal assembly must be armed 2. Persons liable for illegal assembly a. the organizers or leaders of the meeting b. persons merely present at the meeting (except when presence is out of curiosity not liable) 3. Responsibility of persons merely present at the meeting a. if they are not armed, penalty is arresto mayor b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correcional 4. Presumptions if person present at the meeting carries an unlicensed firearm: a. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting Article 147 ELEMENTS OF ILLEGAL ASSOCIATIONS: 1. Organized totally or partially for the purpose of committing any of the crimes in RPC 2. Or for some purpose contrary to public morals Notes: 1. Persons liable: a. founders, directors and president of the association b. mere members of the association Illegal Assembly (146) Illegal Association (147) Must be an actual meeting of armed persons to No need for such commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. It is the meeting and the attendance at such that Act of forming or organizing and membership in the are punished association Persons liable: leaders and those present Founders, directors, president and members IV. ASSAULT, RESISTANCE AND DISOBEDIENCE Article 148 ELEMENTS OF DIRECT ASSAULT: a. ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT 1. That the offender employs force or intimidation. 2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority) 3. That there is no public uprising.

FRATERNAL ORDER OF UTOPIA b. ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: 1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance. 2. That the person assaulted is a person in authority or his agent. 3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential). 4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault). 5. That there is no public uprising.

Notes: 1. Always complexed with the material consequence of the act (e.g. DA with murder) except if resulting in a light felony, in which case, the consequence is absorbed 2. Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character 3. The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) 4. The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun) Person in Authority Agent 5. 6. 7. Force Employed Need not be serious Must be of serious character Intimidation/Resistance Serious Serious

8. 9. 10. 11. 12.

13. 14.

Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corp, board or commission A brgy captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary Division and a teacher Agent: is one 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. (Example. Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacanang confidential agent) Even when the person in authority or the agent agrees to fight, still direct assault When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend in the exercise of their respective duties When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries. Direct assault cannot be committed during rebellion.

Article 149 ELEMENTS OF INDIRECT ASSAULT:

FRATERNAL ORDER OF UTOPIA 1. 2. 3. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148. That a person comes to the aid of such authority or his agent. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

Notes: 1. Indirect assault can be committed only when a direct assault is also committed 2. To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. Article 150 DISOBEDIENCE TO SUMMONS: Acts punishable: 1. refusing without legal excuse to obey summons 2. refusing to be sworn or placed under affirmation 3. refusing to answer any legal inquiry to produce books, records etc. 4. restraining another from attending as witness in such body 5. inducing disobedience to a summons or refusal to be sworn Article 151 ELEMENTS OF RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON: (par. 1) 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender resists or seriously disobeys such person in authority or his agent. 3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150. ELEMENTS OF SIMPLE DISOBEDIENCE: (par. 2) 1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. 2. That the offender disobeys such agent of a person in authority. 3. That such disobedience is not of a serious nature. Direct Assault (148) PIA or his agent must be engaged in the performance of official duties or that he is assaulted Direct assault is committed in 4 ways by attacking, employing force, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and deliberate. Resistant and Disobedience to a Person in Authority or Agents of such Person (151) PIA or his agent must be in the actual performance of his duties. Committed by resisting or seriously disobeying a PIA or his agent. Use of force against an agent of a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.

Article 152 PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY: Persons in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. 1. Barangay captain 2. Barangay chairman 3. Teachers

FRATERNAL ORDER OF UTOPIA 4. 5. 6. Professors Persons charged with the supervision of public or duly recognized private schools, colleges and universities Lawyers in the actual performance of their professional duties or on the occasion of such performance

Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. 1. Barrio councilman 2. Barrio policeman 3. Barangay leader 4. Any person who comes to the aid of persons in authority Notes: Section 388 of the Local Govt Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagamapayaan in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desireable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority. V. CRIMES AGAINST PUBLIC DISORDERS Article 153 TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER: 1. Causing any serious disturbance in a public place, office or establishment 2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed. Notes: 1. If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting 2. The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. 3. Tumultous if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) tumultous in character Article 154 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. 2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.

FRATERNAL ORDER OF UTOPIA Article 155 TYPES OF ALARMS AND SCANDALS: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). Notes: 1. Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy 2. Firearm must not be pointed at a person, otherwise, it is illegal discharge 3. What governs is the result, not the intent CRIME Tumults and other Disturbances (153) Alarms and Scandals (155) Nature of Crime Crime against Public Order Crime against Public Order Who are Liable Private persons, outsider Private persons, outsider

Article 156 ELEMENTS OF DELIVERING PRISONERS FROM JAILS: 1. That there is a person confined in a jail or penal establishment. 2. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence). 3. Offender is a private individual Notes: 1. Prisoner may be detention prisoner or one sentenced by virtue of a final judgment 2. A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here 3. It may be committed through negligence 4. Circumstances qualifying the offense is committed by means of violence, intimidation or bribery. 5. Mitigating circumstance if it takes place outside the penal establishment by taking the guards by surprise VI. EVASION OF SENTENCE OR SERVICE Article 157 ELEMENTS OF EVASION OF SERVICE OF SENTENCE: 1. That the offender is a convict by final judgment. 2. That he is serving his sentence which consists in deprivation of liberty (destierro included) 3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial). Notes: 1. A continuing offense. 2. Offenders not minor delinquents nor detention prisoners 3. If escaped within the 15 day appeal period no evasion 4. No applicable to deportation as the sentence 5. Flimsy excuse for violating destierro not acceptable 6. Circumstances qualifying the offense (done thru):

FRATERNAL ORDER OF UTOPIA a. b. c. d. unlawful entry (by scaling) breaking doors, windows, gates, walls, roofs or floors using picklocks, false keys, disguise, deceit, violence or intimidation connivance with other convicts or employees of the penal institution

Article 158 ELEMENTS OS EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES: 1. That the offender is a convict by final judgement who is confined in a penal institution. 2. That there is disorder, resulting from- a. conflagration, b. earthquake, c. explosion, or d. similar catastrophe, or e. mutiny in which he has not participated. 3. That 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. 4. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. Notes: 1. Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. 2. Offender must escape to be entitled to allowance 3. Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt 4. Disarming the guards is not mutiny Article 159 ELEMENTS OF THE OFFENSE OF VIOLATION OF CONDITIONAL PARDON: 1. That the offender was a convict. 2. That he was granted a conditional pardon by the chief executive. 3. That he violated any of the conditions of such pardon. Notes: 1. Condition extends to special laws violation of illegal voting 2. Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial 3. Destierro # to destierro cant be the penalty VIOLATION OF PARDON Infringement of conditions/terms of President 4. ORDINARY EVASION To evade the penalty given by the courts disturbs the public order

Two penalties provided: a. prision correcional in its minimum period if the penalty remitted does not exceed 6 years b. the unexpired portion of his original sentence if the penalty remitted is higher than 6 years

VII. COMMISSION OF ANOTHER CRIME Article 160 ELEMENTS OF COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism) 1. That the offender was already convicted by final judgement of one offense. 2. That he committed a new felony before beginning to serve such sentence or while serving the same.

FRATERNAL ORDER OF UTOPIA Notes: 1. Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence, or while serving the same. 2. Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special laws 3. Reiteracion: offender shall have served out his sentence for the prior offense 4. A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent 5. If new felony is evasion of sentence offender is not a quasi-recidivist 6. Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible) 7. Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority) TITLE FOUR I. CRIMES AGAINST PUBLIC INTEREST Article 161 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT: 1. Forging the great seal of the Government 2. Forging the signature of the President 3. Forging the stamp of the President Notes: 1. When the signature of the Pres is forged, it is not falsification but forging of signature under this article 2. Signature must be forged, others signed it not the Pres Article 162 ELEMENTS OF USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP: 1. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. 2. That the offender knew of the counterfeiting or forgery. 3. That he used the counterfeit seal or forged signature or stamp. Note: Offender is NOT the forger/not the cause of the counterfeiting Article 163 ELEMENTS OF MAKING AND IMPORTING AND UTTERING ALSE COINS: 1. That there be false or counterfeited coins (need not be legal tender). 2. That the offender either made, imported or uttered such coins. 3. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers. Notes: 1. Coin is counterfeit if it is forged, or if it is not an article of the government as legal tender, regardless if it is of no value 2. Counterfeiting imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine 3. Utter to pass counterfeited coins, deliver or give away 4. Import to bring to port the same 5. Both Philippine and foreign state coins 6. Applies also to coins withdrawn from circulation 7. Essence of article: making of coins without authority Article 164 ELEMENTS OF MULTILATION OF COINS IMPORTATION AND UTTERANCE: - This has been repealed by PD 247. Under this PD, the acts punishable are:

a. b. c. d. e.

FRATERNAL ORDER OF UTOPIA willful defacement mutilation tearing burning destruction of Central Bank notes and coins

Notes: 1. Mutilation to take off part of the metal either by filling it or substituting it for another metal of inferior quality, to diminish by inferior means (to diminish metal contents). 2. Foreign notes and coins not included. Must be legal tender. 3. Must be intention to mutilate. Article 165 ELEMENTS OF SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE: 2 Types 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. ELEMENTS: a. possession b. with intent to utter, and c. knowledge 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. ELEMENTS: a. actually uttering, and b. knowledge. Notes: 1. Possession does not require legal tender in foreign coins 2. Includes constructive possession 3. Read RA 427 Article 166 FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING: Acts punishable: 1. Forging or falsity of treasury/bank notes or documents payable to bearer 2. Importing of such notes 3. Uttering of such false or forged obligations and notes in connivance with forgers and importers Notes: 1. Forging by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document 2. Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein 3. E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil 4. PNB checks not included here its falsification of commercial document under Article 172 Note: Obligation or security includes: - bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money Article 167

FRATERNAL ORDER OF UTOPIA ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER: 1. That there be an instrument payable to order or other document of credit not payable to bearer. 2. That the offender either forged, imported or uttered such instruments. 3. That in case of uttering, he connived with the forger or importer. Article 168 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT: 1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. 2. That the offender knows that any of those instruments is forged or falsified. 3. That he performs any of these acts a. using any of such forged or falsified instrument, or b. possessing with intent to use any of such forged or falsified instrument. Note: Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes Article 169 FORGERY: How forgery is committed: a. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document b. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein. (if all acts done but genuine appearance is not given, the crime is frustrated) Article 170 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS: 1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. 2. That the offender (any person) alters the same. 3. That he has no proper authority therefor. 4. That the alteration has changed the meaning of the document. Note: Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies Article 171 ELEMENTS OF FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER: 1. That the offender is a public officer, employee, or notary public. 2. That he takes advantage of his official position. 3. That he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric. Requisites: i. That there be an intent to imitate, or an attempt to imitate ii. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2)

FRATERNAL ORDER OF UTOPIA b. c. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Requisites: i. That the offender caused it to appear in a document that a pertson/s participated in an act or a proceeding; and ii. That such person/s did not in fact so participate in the act or proceeding Making untruthful statements in a narration of facts; Requisites: i. That the offender makes in a document statements in a narration of facts ii. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and iii. That the facts narrated by the offender are absolutely false; and iv. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person Notes: a. There must be a narration of facts, not a conclusion of law. Must be on a material matter b. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates c. The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission Altering true dates. date must be essential Making any alteration or intercalation in a genuine document which changes its meaning. Requisites: i. That there be an alteration (change) or intercalation (insertion) on a document ii. That it was made on a genuine document iii. That the alteration/intercalation has changed the meaning of the document iv. That the change made the document speak something false. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; (if no knowledge, falsification through negligence) or Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (genuine document)

d.

e. f.

g.

h. 4.

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 its falsification may affect the civil status of persons.

Notes: 1. There is no crime of attempted or frustrated falsification of public document 2. Persons liable public officer, employee or notary public or ecclesiastical minister 3. If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person 4. Document: any written statement by which a right is established or an obligation is extinguished 5. Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article 6. Counterfeiting imitating any handwriting, signature or rubric 7. Feigning simulating a signature, handwriting, or rubric out of one of which does not in fact exist

FRATERNAL ORDER OF UTOPIA Article 172 ELEMENTS OF FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL: (par 1) 1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. 2. That he committed any of the acts of falsification enumerated in ART. 171. a. Counterfeiting or imitating any handwriting, signature or rubric. b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. d. Making untruthful statements in a narration of facts; e. Altering true dates. f. Making any alteration or intercalation in a genuine document which changes its meaning. 3. That the falsification was committed in any public or official or commercial document.

Notes: 1. Under this paragraph, damage is not essential, it is presumed 2. Defense: lack of malice or criminal intent 3. The following writings are public: a. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country. b. Public records kept in the Philippines. 4. Examples of commercial documents warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments 5. Cash disbursement vouchers or receipts evidencing payments are not commercial documents 6. A mere blank form of an official document is not in itself a document 7. The possessor of falsified document is presumed to be the author of the falsification ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT: 1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171. 2. That the falsification was committed in any private document (must affect the truth or integrity of the document) 3. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Notes: 1. Not necessary that the offender profited or hoped to profit from the falsification 2. A document falsified as a necessary means to commit another crime must be public, official or commercial 3. There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa 4. If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage. 5. A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law

FRATERNAL ORDER OF UTOPIA 6. The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records

ELEMENTS OF USE OF FALSIFIED DOCUMENT: (par. 3, art. 172) Introducing in a judicial proceeding: 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary) Use in any other transaction 1. that the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172. 3. That he used such documents (not in judicial proceedings). 4. That the use of the documents caused damage to another or at least was used with intent to cause such damage. Note: The user of the falsified document is deemed the author of the falsification, if: a. the use so closely connected in time with the falsification b. the user had the capacity of falsifying the document Falsification of Private Documents Falsification of Public/Official Documents Prejudice to third party is an element of the offense. Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims. Article 173 ELEMENTS OF USE FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES: Acts punishable: 1. Uttering fictitious, wireless, telegraph or telephone message Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. That the accused commits any of the following acts: - uttering fictitious wireless, cable, telegraph, or telephone message, or - falsifying wireless, cable, telegraph, or telephone message 2. Falsifying wireless, telegraph or telephone message Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. That the accused commits any of the following acts: - uttering fictitious wireless, cable, telegraph, or telephone message, or - falsifying wireless, cable, telegraph, or telephone message 3. Using such falsified message Requisites: a. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173. b. That the accused used such falsified dispatch.

FRATERNAL ORDER OF UTOPIA c. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice.

Note: The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message Article 174 FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE: Persons liable: 1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note: such certificate must refer to the illness or injury of a person) 2. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances 3. Private individual who falsified a certificate under (1) and (2) Article 175 ELEMENTS OF USING FALSE CERTIFICATES: 1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. 2. That the offender knew that the certificate was false. 3. That he used the same. Article 176 MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION: Acts punishable: 1. Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification 2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person Notes: 1. The implement confiscated need not form a complete set 2. Constructive possession is also punished II. OTHER FALSITIES Article 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: 2 ways of committing the crime: 1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine govt or any foreign govt. 2. By performing an act pertaining to any person in authority or public officer of the Phil govt or foreign govt under the pretense of such official position, and without being lawfully entitled to do so. Notes: 1. In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer) 2. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority 3. A public officer may also be an offender 4. The act performed without being lawfully entitled to do so must pertain:

FRATERNAL ORDER OF UTOPIA a. b. c. to the govt to any person in authority to any public office

Article 178 ELEMENTS OF USING FICTITIOUS NAME AND CONCEALING TRUE NAME: A) ELEMENTS (using fictitious name) : 1. That the offender uses a name other than his real name. 2. That he uses that fictitious name publicly. 3. That the purpose of the offender is a. To conceal a crime, b. To evade the execution of a judgment, or c. To cause damage to public interest. (ex. Signing fictitious name for a passport) B) ELEMENTS (concealing true name): 1. that the offender conceals a. his true name, and b. all other personal circumstances. 2. that the purpose is only to conceal his identity. Use of Fictitious Name (178) Element of publicity must be present Purpose is to conceal a crime, to evade the execution of a judgement, or to cause damage

Concealing True Name (178) Publicity not necessary Purpose is to conceal identity

Article 179 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA: 1. That the offender makes use of insignia, uniform or dress. 2. That 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. 3. That said insignia, uniform or dress is used publicly and improperly. Note: an exact imitation of the dress or uniform is unnecessary Article 180 ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT: 1. That there be a criminal proceeding. 2. That the offender testifies falsely under oath against the defendant therein. 3. That the offender who gives false testimony knows that it is false. 4. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point) Notes: 1. Requires criminal intent, cant be committed through negligence. Need not impute guilt upon the accused 2. The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted 3. The witness who gave false testimony is liable even if the court did not consider his testimony 4. Penalty is dependent upon sentence imposed on the defendant Article 181 ELEMENTS OF FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case: Notes: 1. False testimony by negative statement is in favor of the defendant 2. False testimony need not in fact benefit the defendant 3. A statement of a mere opinion is not punishable

FRATERNAL ORDER OF UTOPIA 4. 5. 6. Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. Basis of penalty: gravity of the felony charged against the defendant

Article 182 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES: 1. That the testimony must be given in a civil case. 2. That the testimony must relate to the issues presented in said case. 3. That the testimony must be false. 4. That the false testimony must be given by the defendant knowing the same to be false. 5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case Notes: 1. Not applicable when testimony given in a special proceeding (in this case, the crime is perjury) 2. Basis of penalty: amount involved in the civil case Article183 ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION: 1. That an accused made a statement under oath or made an affidavit upon a material matter. 2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath. 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and 4. That the sworn statement or affidavit containing the falsity is required by law. Notes: 1. 2 ways of committing perjury: a. by falsely testifying under oath b. by making a false statement 2. Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial proceedings and affidavits 3. A false affidavit to a criminal complaint may give rise to perjury 4. A matter is material when it is directed to prove a fact in issue 5. A competent person authorized to administer an oath means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction 6. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate 7. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient 8. Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings 9. False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered 10. A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. 11. The false testimony is not in a judicial proceeding Article 184

FRATERNAL ORDER OF UTOPIA ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE: 1. That the offender offered in evidence a false witness or false testimony. 2. That he knew the witness or the testimony was false. 3. That the offer was made in a judicial or official proceeding. Note: 1. Article applies when the offender without inducing another, but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding 2. The false witness need not be convicted of false testimony. The mere offer is sufficient. III. FRAUDS Article 185 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION: 1. That there be a public auction. 2. That the accused solicited any gift or a promise from any of the bidders. 3. That such gifts or promise was the consideration for his refraining from taking part in that public auction. 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: 1. That there be a public auction. 2. That the accused attempted to cause the bidders to stay away from that public auction 3. That it was done by threats, gifts, promises, or any other artifice. 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. Article 186 ELEMENTS OF MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE: Acts punished: 1. Combination to prevent free competition in the market - By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade) 2. Monopoly to restrain free competition in the market - By monopolizing any merchandise or object of trade or commerce, by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market 3. 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 the merchandise. Notes: 1. Person/s liable: a. manufacturer b. producer c. processor d. importer 2. Crime is committed by: a. combining b. conspiring c. agreeing with another person 3. The purpose is: a. to make transactions prejudicial to lawful commerce

FRATERNAL ORDER OF UTOPIA b. 4. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil Also liable as principals: a. corporation/association b. agent/representative c. director/manager who willingly permitted or failed to prevent commission of above offense Aggravated if items are: a. food substance b. motor fuel or lubricants c. goods of prime necessity

5.

Article 187 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS: 1. 2. 3. That the offender imports, sells or disposes of any of those articles or merchandise. That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.

Article 188 ELEMENTS OF SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK: Acts punishable: 1. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same. 2. By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used 3. By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the sale or advertising of services 4. By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used. Article 189 ELEMENTS OF UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION: Acts punished: 1. Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer 2. Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or services 3. Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service mark. ELEMENTS: 1. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer

FRATERNAL ORDER OF UTOPIA 2. 3. 4. That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in the (c) device or words therein, or in (d) any other feature of their appearance That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. That there is actual intent to deceive the public or defraud a competitor. TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194) THE DANGEROUS DRUGS ACT OF 1972 (RA No. 6425, as amended) I. Acts Punishable 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. importation of prohibited drugs sale, administration, delivery, distribution and transportation of prohibited drugs maintenance of a den, dive or resort for prohibited drug users being employees or visitors of drug den manufacture of prohibited drugs possession or use cultivation of plants failure to comply with provisions relative to keeping of records of prescription unnecessary prescription possession of opium pipe and other paraphernalia Importation, sale, etc. of regulated drugs

A. Importation of prohibited/regulated drugs. B. Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs. Qualifying Circumstances if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall be imposed. C. Maintenance of a den, dive, or resort for prohibited/regulated drug users. Qualifying Circumstance where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person using the same in such den, dive or resort, the maximum of the penalty shall be imposed. D. Manufacture of prohibited/regulated drugs. E. Possession of prohibited/regulated drugs. F. Cultivation of plants which are sources of prohibited drugs. Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. Qualifying Circumstance if the land involved is part of the public domain, the maximum of the penalty herein provided shall be imposed.

FRATERNAL ORDER OF UTOPIA G. Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugs Persons liable: A. Pharmacist B. Physician C. Dentist D. Veterinarian E. Manufacturer G. Wholesaler H. Importer I. Distributor J. Dealer K. Retailer

H. Unlawful prescription of prohibited/regulated drugs I. Unnecessary prescription of prohibited/regulated drugs Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. J. Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug.

K. Attempt and conspiracy to commit the following offenses: 1. Importation of dangerous drugs 2. Sale, administration, delivery, distribution and transportation of dangerous drugs 3. Maintenance of a den, dive or resort for prohibited drugs 4. Manufacture of dangerous drugs 5. Cultivation or culture of plants which are sources of prohibited drugs II. Other persons liable:

A. If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. B. Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated. C. Government official, employee or officer who is found guilty of planting any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter. III. For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision. NOTE: They shall be considered as persons in authority id they are in the school or within its immediate vicinity, or beyond such immediate vicinity of they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school

FRATERNAL ORDER OF UTOPIA head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action. (Sec. 28) IV. A. Rules: Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent himself or through his parent, guardian or relative within the 4 th civil degree of consanguinity or affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. Should the drug dependent escape from the center, he may submit himself for confinement within 1 week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement. Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and transmit records of the case to the Board. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given full credit for the period he was confined in the center. NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the center upon his release therefrom. G. H. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. Requisites of suspension of sentence for first offense in a minor: 1. 2. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. a. Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. b. In case of violation of conditions of pardon, court shall pronounce judgement of conviction and he shall serve sentence. c. If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated period.

B.

C. D. E.

F.

Notes: 1. Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of the plants is cultivated confiscated and escheated to the State. UNLESS: owner can prove that he had no knowledge of the cultivation despite due diligence 2. If land is part of the public domain maximum penalty imposed 3. Possession of opium pipe and other paraphernalia prima facie evidence that the possessor has smoked, consumed, administered himself, used prohibited drugs

FRATERNAL ORDER OF UTOPIA 4. Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when: Opium 40 grams up Morphine 40 grams up Shabu 200 grams up Heroin 40 grams up Indian hemp 750 grams up MJ resin 50 grams up Cocaine 40 grams up Other drugs Quantity far beyond therapeutic requirement (if quantity is less than prescribed penalty is PC to RP depending upon the quantity) 5. RA 7659 PD 1619 Possession and Use of Volatile Substances - mere attempt to sell, import already a crime under Article 6 - conspiracy to sell, deliver, import already a crime under Article 8 6. Buy Bust Operation no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. Abedes) 7. Absence of ultraviolet power is not fatal in the prosecution 8. Transportation/importation of MJ immaterial whether there may or may not be a distinction for the MJ 9. Distinguish Entrapment and Instigation - If prosecution can prove the crime w/o presenting the informer or asset not necessary because their testimonies are merely corroborative. Poseur buyer it depends on whether the prosecution can prove the crime w/o their testimonies (P v. Rosalinda Ramos) - Under the RA, special aggravating circumstance if a crime has been committed while the accused was high on drugs (P v. Anthony Belgar) - Delivery or Sale of Prohibited Drugs the accused must be aware that what he is selling or delivering was prohibited drug. But the moment the fact of sale or delivery is proved by prosecution, the burden to prove that the accused is not aware that drugs are prohibited falls on the defense (P v. Aranda) - P v. Angelito Manalo burden of proving the authority to possess shabu is a matter of defense - P v. Hilario Moscaling court may take judicial notice of the word shabu - Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and malversation under RPC. 10. Planting evidence to implicate another 11. Buy Bust Operation form of entrapment (P v. Alberto) not necessary to have prior police surveillance (P v. Carlos Franca) 12. Possession constructive or actual not necessary to adduce the marked money as evidence (P v. Romeo Macara) 13. Separate crimes sale/possession of MT found in his possession after he was frisked but he cant be convicted for possession of MJ that he sold 14. If victim is minor or drug is proximate cause of death max penalty is imposed under Sec 4, 5, 15, 15a If imposable penalty: RP to death no plea bargaining If offender: govt official, employees, officers or found guilty of planting evidences same penalty First offense of a minor suspension of sentence - under 18 at time of commission but not more than 21 at time when judgment was promulgated - found guilty of possession or use of prohibited or regulated drugs - not been previously convicted of violating any provision of this Act or the RPC - not been placed on probation - defer sentence, place on probation for 6 months to 1 year - violation of probation pronounce sentence convict and serve sentence

FRATERNAL ORDER OF UTOPIA no violation discharge him and dismiss the proceeding if minor is drug dependent commit to a center for treatment and rehabilitation TITLE SIX I. CRIMES AGAINST PUBLIC MORALS GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended) 1. Illegal cockfighting (PD 449) 2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438) 3. Illegal gambling PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORTS CONTESTS PD 483 Acts Punishable: 1. 2. Betting: Betting money or any object or article of value of representative value upon the result of any game, races and other sports contests. Game-fixing: any arrangement, combination, scheme or agreement by which the result of any game, races, or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants. Point-shaving: any such arrangement combination, scheme or agreement by which the skill or ability of any player or participant in a fame, races, or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant. Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contest. COCKFIGHTING LAW OF 1974 PD 449 I. II. Scope This law shall govern the establishment, operation, maintenance and ownership of cockpits. Rules: A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operated cockpits. B. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less. C. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance. D. When allowed: 1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days; or 2. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of 3 days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative. Limitations:

3.

4.

FRATERNAL ORDER OF UTOPIA a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality. b) No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day and during registration days for such election/referendum. 3. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks. Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality. E. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. F. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits. II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Article 200 ELEMENTS OF GRAVE SCANDAL: 1. Offender performs an act 2. Act is highly scandalous as offending against decency or good customs 3. Highly scandalous conduct does not expressly fall within any other article of the RPC 4. Committed in a public place or within the public knowledge or view (The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material). Notes: 1. Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts 2. Decency: means properly observing the requirements of modesty, good taste etc 3. Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation 4. If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable 5. The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. Article 201 IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS: Persons liable: 1. Those who publicly expound or proclaim doctrines that are contrary to public morals 2. Authors of obscene literature, published with their knowledge in any form 3. Editors publishing such obscene literature 4. Owners or operators of establishments selling obscene literature 5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place 6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals Notes:

FRATERNAL ORDER OF UTOPIA 1. 2. 3. Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays, scenes or acts: a. those w/c glorify criminals or condone crimes b. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography c. those w/c offend against any race or religion d. those w/c tend to abet the traffic in and the use of prohibited drugs e. those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element

4. 5. 6.

Article 202 VAGRANTS AND PROSTITUTES: Who are considered vagrants: 1. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling 2. Persons found loitering around public and semi-public places without visible means of support 3. Persons tramping or wandering around the country or the streets with no visible means of support 4. Idle or dissolute persons lodging in houses of ill-fame 5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich) 6. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry Trespass to dwelling Attempted theft Vagrancy

Who are considered prostitutes: - refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy) TITLE SEVEN L. CRIMES COMMITTED BY PUBLIC OFFICERS Article 203 WHO ARE PUBLIC OFFICERS: 1. Takes part in the performance of public functions in the Government, or 2. Performs public duties as an employee, agent or subordinate official in the govt or any of its branches Notes: 1. Public officer must derive his authority from: a. direct provision of law b. popular election c. appointment by competent authority 2. Public officers: embraces every public servant from the lowest to the highest rank

FRATERNAL ORDER OF UTOPIA 3. 4. 5. 6. A govt laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed Malfeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done

MALFEASANCE AND MISFEASANCE IN OFFICE Malfeasance Misfeasance Nonfeasance A. 1. 2. 3. 4. Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal

ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT: Offender is a judge Renders a judgment in the case submitted to him for judgment Judgment is unjust Knowledge that the decision is unjust

Notes: 1. Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding 2. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both 3. An unjust judgment may result from: a. error (w/ bad faith) b. ill-will or revenge c. bribery 4. There must be evidence that the decision rendered is unjust. It is not presumed 5. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). 6. The judge must know that the judgment is unjust- it must be shown that the unjust judgment was rendered with conscious and deliberate intent to do an injustice, because as a rule, judges cannot be subject to civil, criminal or administrative liability for any of their official acts, no matter how erroneous, so long as they are in good faith. Article 205 ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE: 1. Offender is a judge 2. Renders a judgment in a case submitted to him for decision 3. Judgment is manifestly unjust 4. Due to inexcusable negligence or ignorance Note: Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice Article 206 ELEMENTS OF UNJUST INTERLOCUTORY ORDER: 1. That the offender is a judge. 2. That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree, or b. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. Note: Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding

FRATERNAL ORDER OF UTOPIA Article 207 ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE: 1. That the offender is a judge. 2. That there is a proceeding in his court. 3. That he delays the administration of justice. 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. Note: Mere delay without malice is not punishable Article 208 ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. 2. That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 3. That the offender acts with malice and deliberate intent to favor the violator of the law. Notes: 1. PREVARICACION: negligence and tolerance in the prosecution of an offense 2. There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court 3. The crime must be proved first before an officer can be convicted of dereliction of duty 4. A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory 5. Article not applicable to revenue officers. 6. Malice is an internal element. There must be bad faith or criminal intent to favor the offender. Article 209 ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT): 1. Causing damage to client (prejudice is essential) either a. by any malicious breach of professional duty, or b. by inexcusable negligence or ignorance. 2. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary) 3. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latters consent (damage not necessary) Article 210 ELEMENTS OF DIRECT BRIBERY: 1. That the offender be a public officer within the scope of Art 203, assessors, arbitrators, appraisal and claim commissioners, expert or any other person performing performing public duties. 2. That the offender accepts an offer or promise or receives a gift or present by himself or through another 3. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) a. with a view to committing some crime (delivery of consideration is not necessary) or b. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust (delivery of consideration is necessary), or

FRATERNAL ORDER OF UTOPIA 4. c. to refrain from doing something which is his official duty to do That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties

Notes: 1. For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him 2. Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties 3. Cannot be frustrated, only attempted or consummated. 4. Bribery exists when the gift is: a. voluntarily offered by a private person b. solicited by the public officer and voluntarily delivered by the private person c. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) 5. Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer 6. The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services 7. If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime 8. The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion. 9. Estafa v. Bribery: the act agreed upon to be performed must pertain to the discharge of official duties; otherwise estafa and not bribery will be committed, because in the case of estafa, one deceived another that he had authority to do acts which in fact he did not. Bribery (210) Robbery (294) When the victim has committed a crime and gives When the victim did not commit a crime and he is money/gift to avoid arrest or prosecution. intimidated with arrest and/or prosecution to deprive him of his personal property. Victim parts with his money or property voluntarily. Victim is deprived of his money or property by force or intimidation. ANTI-GRAFT AND CORRUPT PRACTICES ACT RA 3019 Persons Liable: A. Any public officer who shall perform any of the following acts: 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner of

3.

FRATERNAL ORDER OF UTOPIA capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given. 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

5.

6.

7. 8.

9.

10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. B. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the govt in which such public official has to intervene (Sec. 4) C. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) D. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the govt (Sec. 5). This prohibition shall not apply to:

FRATERNAL ORDER OF UTOPIA 1. 2. 3. 4. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the govt along the same line of business; Any transaction, contract or application already existing or pending at the time of such assumption of public office; Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; Any act lawfully performed an official capacity or in the exercise of a profession.

E. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. F. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7). II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8) A. If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. B. Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. C. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan (Sec. 10). IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11). V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14). Article 211 ELEMENTS OF INDIRECT BRIBERY: 1. That the offender is a public officer. 2. That he accepts gifts. 3. That the said gifts are offered to him by reason of his office. Notes: 1. The gift is given in anticipation of future favor from the public officer 2. There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer 3. There is no attempted or frustrated indirect bribery 4. The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not

FRATERNAL ORDER OF UTOPIA necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas, are liable under PD 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service. In the case of People v. Pamplona: even if there was an agreement but the agreement is an act which is just and does not constitute a crime, there is only indirect bribery.

5. 6. 7.

Article 211-A ELEMENTS OF QUALIFIED BRIBERY 1. Public officer entrusted with law enforcement 2. Refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above, direct bribery is the crime) 3. In consideration of any offer, promise or gift Article 212 ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS: 1. That the offender makes offers or promises or gives gifts or present to a public officer. 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery Notes: 1. The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished 2. Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. information refers to consummated violations b. necessity of the information or testimony c. the information and testimony are not yet in the possession of the State d. information and testimony can be corroborated on its material points e. informant has been previously convicted of a crime involving moral turpitude 3. See the Anti-graft and Corrupt Practices Act 4. Art. 212 punishes the person who made the offer or promise or gave the gift, even if the gift was demanded by the public officer and the offer was not made voluntarily prior to the said demand by the public officer. II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Article 213 ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1) 1. That the offender be a public officer. 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds. 4. That the accused had intent to defraud the government. Notes: 1. The public officer must act in his official capacity 2. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government

FRATERNAL ORDER OF UTOPIA B. ELEMENTS OF ILLEGAL EXACTIONS: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. 2. He is guilty of 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, or b. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or 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. Notes: 1. Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to govt is not required) 2. If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery 3. When there is deceit in demanding larger fees, the crime committed is estafa 4. May be complexed with malversation 5. Officers and employees of the BIR or Customs are not covered by the article 6. The NIRC of Administrative Code is the applicable law 7. Nature of the Crime of Frauds: The Crime is committed by mere agreement as long as the purpose is to defraud the government. 8. Nature of Illegal Exactions: mere demand of an amount different from that required by law is sufficient. But criminal intent must be proven, i.e that they were demanded by the public officer knowing them to be excessive. 9. In the case of People v. Policher: if the excessive fees which were not accounted for were misappropriated, the public officer is liable for illegal exaction and for malversation for misappropriating the fees collected. 10. The difference between the fees collected and the legal fees form a part of the public funds and hence it cannot be estafa. Article 214 ELEMENTS OF OTHER FRAUDS: 1. That the offender is a public officer. 2. That he takes advantage of his official position. 3. That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling) Note: RTC has jurisdiction over the offense because the principal penalty is disqualification Article 215 ELEMENTS OF PROHIBITED TRANSACTIONS: 1. That the offender is an appointive public officer. 2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation. 3. That the transaction takes place within the territory subject to his jurisdiction. 4. That he becomes interested in the transaction during his incumbency. Notes: 1. Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc wherein one hopes to take advantage of an expected rise or fall in price 2. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation Article 216 ELEMENTS OF POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER : Who are liable: 1. Public officer in any contract or business in which it is his official duty to intervene.

FRATERNAL ORDER OF UTOPIA 2. 3. Experts, arbitrators and private accountants in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. Guardians and executors with respect to property belonging to their wards or the estate.

Notes: 1. Actual fraud is not necessary. 2. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080 I. Definition of Ill-gotten wealth: Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes: A. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury. B. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; C. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; D. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of future employment in any business enterprise or undertaking. E. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or implementation of decrees and orders intended to benefit particular persons or special interests; F. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. II. Persons Liable: A. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under (I) in the aggregate amount or total value of at least 50 million pesos, shall be guilty of the crime of plunder (as amended by RA 7659). B. Any person who participated with the said public officer in the commission of plunder. Jurisdiction: All prosectuions under this At shall be within the original jurisdiction of the Sandiganbayan.

III. IV.

Rule of Evidence: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. V. Prescription of Crime:

FRATERNAL ORDER OF UTOPIA The crime of plunder shall prescribe in 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel. III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Article 217 ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : 1. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) 2. That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft) 3. That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds) 4. That he a. Appropriated the funds or property b. Took or misappropriated them c. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property (it is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed) Notes: 1. Malversation is otherwise called embezzlement 2. It can be committed either with malice or through negligence or imprudence 3. In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation 4. The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa 5. When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation 6. A public officer who has qualified charge of govt property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article 7. Private individuals can also be held liable for malversation under 2 circumstances: a. when they are in conspiracy with public officers; and b. when they have charge of national, provincial or municipal funds, revenues or property in any capacity 8. In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice 9. The measure of negligence to be observed is the standard of care commensurate with the occasion 10. When malversation is not committed through negligence, lack of criminal intent or good faith is a defense 11. The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise 12. Returning the embezzled funds is not exempting, it is only mitigating 13. There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place 14. A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation 15. Demand as well as damage to the government are not necessary elements 16. A non-accountable public officer is liable for malversation if like a private person, he aids, induces or conspires with an accountable public officer or cooperates with him by acts without which it could not have been committed.

FRATERNAL ORDER OF UTOPIA Malversation (217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by approaching, taking, or misappropriating/consenting, or through abandonment or negligence, permitting any other person to take the public funds/property Estafa with Abuse of Confidence (315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating, converting, or denying having received money, goods or other personal property

17. A person charged under an information of malversation of public funds can be convicted of estafa if the elements are properly charged. Estafa is included as a lesser, cognate offense in relation to malversation. 18. Mere failure of an accountable officer authorized to produce funds in his custody on demand by any officer authorized to examine his account is prima facie evidence of conversion. 19. Defenses in malversation are good faith and honest mistake. Article 218 ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS : 1. That the offender is a public officer, whether in the service or separated therefrom. 2. That he must be an accountable officer for public funds property. 3. That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor. 4. That he fails to do so for a period of two months after such accounts should be rendered. Note: Demand and misappropriation are not necessary Article 219 ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY : 1. That the offender is a public officer. 2. That he must be an accountable officer for public funds or property. 3. That he must 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. Note: The act of leaving the Phil must be unauthorized or not permitted by law Article 220 ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation): 1. That the offender is a public officer. 2. That there is public fund or property under his administration. 3. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation even if applied to other public purpose). 4. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. Notes: 1. To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use 2. Absence of damage is only a mitigating circumstance 3. Damage is not an element Article 221 ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY 1. Offender has govt funds or property in his possession

FRATERNAL ORDER OF UTOPIA 2. 3. He is under obligation to either: a. make payment from such funds b. to deliver property in his custody or administration when ordered by competent authority He maliciously fails or refuses to do so

Note: Penalty is based on value of funds/property to be delivered Article 222 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual Notes: 1. Sheriffs and receivers fall under the term administrator 2. A judicial administrator in charge of settling the estate of the deceased is not covered by the article IV. INFIDELITY OF PUBLIC OFFICERS Article 223 ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION 1. That the offender is a public officer (on duty). 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escaped from his custody 4. That he was in connivance with the prisoner in the latters escape Notes: 1. Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense 2. The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity 3. There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment Article 224 ELEMENTS OF EVASION THROUGH NEGLIGENCE: 1. That the offender is a public officer. 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escapes through his negligence. 4. Penalty based on nature of imprisonment Notes: 1. The article punishes a definite laxity which amounts to deliberate non-performance of a duty 2. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation 3. The liability of an escaping prisoner: a. if he is a prisoner by final judgment, he is liable for evasion of service (art 157) b. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).

FRATERNAL ORDER OF UTOPIA Article 225 ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER : 1. That the offender is a private person (note: must be on duty) 2. That the conveyance or custody of a prisoner or person under arrest is confined to him. 3. That the prisoner or person under arrest escapes. 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested Article 226 ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Infidelity in custody of documents: 1. That the offender be a public officer. 2. That he abstracts, destroys or conceals a document or papers. 3. That the said document or paper should have been entrusted to such public officer by reason of his office. 4. That damage, whether serious or not, to a third party or to the public interest should have been caused. Notes: 1. The document must be complete and one by which a right could be established or an obligation could be extinguished 2. Books, periodicals, pamphlets etc are not documents 3. Papers would include checks, promissory notes and paper money 4. A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers 5. Removal of a document or paper must be for an illicit purpose (there must be malice). There is illicit purpose when the intention of the offender is to: a. tamper with it b. to profit by it c. to commit any act constituting a breech of trust in the official thereof 6. Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished 7. Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose 8. Delivering the document to the wrong party is infidelity in the custody thereof 9. The damage may either be great or small 10. The offender must be in custody of such documents removal: presupposes appropriation of official documents. destruction: rendering it useless or obliteration of documents. concealment: documents not forwarded to their destination. Article 227 ELEMENTS OF OFFICER BREAKING SEAL : 1. That the offender is a public officer. 2. That he is charged with the custody of papers or property. 3. That these papers or property are sealed by proper authority. 4. That he breaks the seals or permits them to be broken. Notes: 1. It is the breaking of the seals and not the opening of a closed envelope which is punished 2. Damage or intent to cause damage is not necessary; damage is presumed

FRATERNAL ORDER OF UTOPIA 3. 4. Damage is not an element The crime may be committed through negligence

Article 228 ELEMENTS OF OPENING OF CLOSED DOCUMENTS: 1. That the offender is a public officer. 2. That any closed papers, documents, or objects are entrusted to his custody. 3. That he opens or permits to be opened said closed papers, documents or objects. 4. That he does not have proper authority. Note: Damage also not necessary Article 229 ELEMENTS OF REVELATION OF SECRET BY AN OFFICER: ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY 1. That the offender is a public officer. 2. That he knows of a secret by reason of his official capacity. 3. That he reveals such secret without authority or justifiable reasons. 4. That damage, great or small, be caused to the public interest. (damage is essential) Notes: 1. Secret must affect public interest 2. Secrets of a private individual is not included 3. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage. ELEMENTS OF PAR 2 DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED. 1. That the offender is a public officer. 2. That he has charge of papers. 3. That those papers should not be published. 4. That he delivers those papers or copies thereof to a third person. 5. That the delivery is wrongful. 6. That damage be caused to public interest. Notes: 1. Charge: means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article 2. If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents 3. Damage is essential to the act committed Article 230 ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL: 1. That the offender is a public officer 2. That he knows of the secret of a private individual by reason of his office. 3. That he reveals such secrets without authority or justification reason. Notes: 1. Revelation to one person is sufficient 2. If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney) 3. Damage to private individual is not necessary

FRATERNAL ORDER OF UTOPIA

V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Article 231 ELEMENTS OF OPEN DISOBEDIENCE: 1. That the offender is a judicial or executive officer. 2. That there is a judgment, decision or order of superior authority. 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. 4. that the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey. Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required Article 232 ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER: 1. That the offender is a public officer. 2. That an order is issued by his superior for execution. 5. That he has for any reason suspended the execution of such order. 6. That his superior disapproves the suspension of the execution of the order. 7. That the offender disobeys his superior despite the disapproval of the suspension. Note: A public officer is not liable if the order of the superior is illegal Article 233 ELEMENTS OF REFUSAL OF ASSISTANCE: 1. That the offender is a public officer. 2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. 3. That the offender fails to do so maliciously. Notes: 1. Involves a request from one public officer to another 2. Damage to the public interest or third party is essential 3. Demand is necessary Article 234 ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE: 1. That the offender is elected by popular election to a public office. 2. That he refuses to be sworn in or discharge the duties of said office. 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. Note: Even if the person did not run for the office on his own will as the Consti provides that every citizen may be required to render service Article 235 ELEMENTS OF MALTREATMENT OF PRISONERS: 1. That the offender is a public officer or employee. 2. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) 3. That he maltreats such prisoner in either of the following manners: a. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either

b.

FRATERNAL ORDER OF UTOPIA by the imposition of punishments not authorized by the regulations, or by inflicting such punishments (those authorized) in a cruel and humiliating manner, or by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. 1. 2.

Notes: 1. The public officer must have actual charge of the prisoner in order to be held liable 2. To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while 3. Offender may also be held liable for physical injuries or damage caused Article 236 ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE: 1. That the offender is entitled to hold a public office or employment, either by election or appointment. 2. That the law requires that he should first be sworn in and/or should first give a bond. 3. That he assumes the performance of the duties and powers of such office. 4. That he has not taken his oath of office and./or given the bond required by law. Article 237 ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS: 1. That the offender is holding a public office. 2. That the period provided by law, regulations or special provisions for holding such office has already expired. 3. That he continues to exercise the duties and powers of such office. Note: The article contemplates officers who have been suspended, separated or declared over-aged or dismissed Article 238 ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION : 1. That the offender is a public officer. 2. That he formally resign from his position. 3. That his resignation has not yet been accepted. 4. That he abandons his office to the detriment of the public service. Notes: 1. There must be formal or written resignation 2. The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. This involves the following crimes: a. treason b. conspiracy and proposal to commit conspiracy c. misprision of treason d. espionage e. inciting to war or giving motives to reprisals f. violation of neutrality g. correspondence with hostile country h. flight to enemy country i. piracy and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit rebellion l. disloyalty to public officers m. inciting to rebellion n. sedition o. conspiracy to commit sedition

FRATERNAL ORDER OF UTOPIA p. inciting to sedition Dereliction of Duty (208) Public officer does not abandon his office but merely fails to prosecute a violation of the law.

Abandonment of Office or Position (238) There is actual abandonment through resignation to evade the discharge of duties. In Re: Abandonment of Office

Abandonment: the surrender, relinquishment, disclaimer or cession of property or rights. Time is not an essential element in abandonment, although the lapse of time may be evidence of an intention to abandon and where it is accompanied by acts manifesting such intention it may be considered in determining whether there is abandonment. Abandonment of Office: Abandonment of a public office in a species of resignation, but differ from resignation in that resignation is a formal relinquishment, while abandonment is voluntary relinquishment. A public office may become vacant by abandonment, but the abandonment must be total, and under such circumstances as clearly to indicate absolute relinquishment, temporary absence is not sufficient. Art 238: Elements a. The offender is a public officer b. He resigns from his position. c. His resignation has not yet been accepted d. He abandons his office to the detriment of the public service. Instances where office is not abandoned: 1. Acceptance of temporary positions during abnormal conditions do not constitute abandonment of office. 2. Relinquishment of office under protest is not abandonment of office. 3. Transfer of position: an office cannot be abandoned by one who has not occupied it. 4. Filing or retirement application: cannot be used as evidence of intent to abandon office. Where Office is deemed abandoned: 1. 2. 3. 4. 5. 6. Acceptance of incompatible office. Not filing for an action for reinstatement after 1 year. Delay in filing petition for reinstatement. Refusal to attend sessions. Economic necessity is not a reason for abandoning the office of the justice of the peace. Acceptance of a promotion in a temporary capacity might to abandonment of office because he voluntarily vacated it.

Written letter of resignation is indispensable. Proof of abandonment of office is not necessary when it is presumed from the fact that no action was taken to enforce the right within the prescriptive period. Article 239 ELEMENTS OF USURPATION OF LEGISLATIVE POWERS: 1. That the offender is an executive or judicial officer.

FRATERNAL ORDER OF UTOPIA 2. That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof.

J. ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS: (240) 1. That the offender is a judge. 2. That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities in the lawful exercise of their powers. Note: Legislative officers are not liable for usurpation of executive functions K. ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS: (241) 1. That the offender is an officer of the executive branch of the government. 2. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any judge within his jurisdiction. Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality Note: Art. 239-241: do not penalize all kinds of usurpation of official functions by public officers. Said articles merely punish interference by officers of one of the three departments of the government with the functions of an official of another department. Usurpation of one officer of a given department of the powers of another officer in the same department is not covered. L. ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION: (242) 1. That the offender is a public officer. 2. That a proceeding is pending before such public officer. 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. 4. That he has been lawfully required to refrain from continuing the proceeding. 5. That he continues the proceeding. M. ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY: (243) 1. That the offender is an executive officer. 2. That the addresses any order or suggestion to any judicial authority. 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. Note: Legislative or judicial officers are not liable under this article N. ELEMENTS OF UNLAWFUL APPOINTMENTS: (244) 1. That the offender is a public officer. 2. That he nominates or appoints a person to a public office. 3. That such person lacks the legal qualification therefor. 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. Notes: 1. Recommending, knowing that the person recommended is not qualified is not a crime 2. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office O. ELEMENTS OF ABUSES AGAINST CHASTITY: (245) 1. That the offender is a public officer.

FRATERNAL ORDER OF UTOPIA 2. 3. That he solicits or makes immoral or indecent advances to a woman. That such woman must be a. 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, or b. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender

Notes: 1. The mother of the person in the custody of the public officer is not included 2. Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman 3. The advances must be immoral or indecent 4. The crime is consummated by mere proposal 5. Proof of solicitation is not necessary when there is sexual intercourse TITLE EIGHT I. CRIMES AGAINST PERSONS DESTRUCTION OF LIFE A. ELEMENTS OF PARRICIDE: (246) 1. That a person is killed. 2. That the deceased is killed by the accused. 3. That 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. Notes: 1. The relationship of the offender with the victim is the essential element of the felony 2. Parents and children are not included in the term ascendants or descendants 3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate 4. The child should not be less than 3 days old. Otherwise, the offense is infanticide 5. Relationship must be alleged 6. A stranger who cooperates in committing parricide is liable for murder or homicide 7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship In Re: Parricide In order that the crime of parricide will exist, the person killed must be the father, mother or child whether legitimate or illegitimate, or any other descendant or ascendant, or spouse of the offender. Ascendants and descendants referred to in the article exclude parents and children. Elements: 1. The death of the deceased. 2. He was a legitimate ascendant or descendant or legitimate spouse of the accused. 3. The deceased was killed by the accused. a. b. Relationship is the essential element in parricide. Where the victim is the ascendant or descendant of the accused other than the father, mother or child, relationship must be legitimate.

FRATERNAL ORDER OF UTOPIA c. d. e. When the child is less than 3 days old it is infanticide. Where the victim is spouse of the accused there must be proof of marriage. Testimony of the accused confirming marriage to the deceased spouse who was his victim is an admission against penal interest and confirmation of the presumption of marriage between man and woman deporting themselves to be husband and wife.

Liability of stranger cooperating in parricide: only guilty of murder or homicide. Presence of qualifying circumstance for murder will only aggravate the penalty. Parricide by mistake: Art. 49 should be applied. (applicable only when the felony befalls a different person) Parricide with reckless imprudence: ex. Struggling with wife for possession of a gun and one is killed. Double parricide: if death is caused to ascendants by means of a single act of the accused, he commits a complex crime under Art. 48. The penalty shall be imposed in its max. period. Motive: Motive is important only when a doubt exists as to whether the defendant committed a crime, as when the incriminating evidence is only circumstantial. A. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES (Art. 247) Requisites: 1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse. Notes: 1. Article does not define or penalize a felony 2. Not necessary that the parent be legitimate 3. Article applies only when the daughter is single 4. Surprise: means to come upon suddenly or unexpectedly 5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed 6. Sexual intercourse does not include preparatory acts 7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continous act 8. The killing must be the direct by-product of the rage of the accused 9. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felenious act is not applicable because he is not committing a felony 10. The benefits of the article do not apply to the person who consented to the infidelity of his spouse or who facilitated the prostitution of his wife or daughter. C. ELEMENTS OF MURDER: (248) 1. That a person was killed. 2. That the accused killed him. 3. That the killing was attended by any of the following qualifying circumstances a. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity b. in consideration of price, reward or promise

FRATERNAL ORDER OF UTOPIA by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity e. with evident premeditation f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse The killing is not parricide or infanticide. c.

4.

Notes: 1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder 2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances 3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances 4. Treachery and premeditation are inherent in murder with the use of poison In Re: Homicide by Reason or on the Occasion of Robbery Even though the killing of a thord person was perpetuated after the consummation of robbery and after the robbers had left the victims house, the homicide is still integrated with the robbery or is regarded as having been committed by reason of or on the occasion thereof as contemplated by Art 294 (1) of the RPC. Robbery in General: Art. 294 and Art. 293. Elements of Robbery: 1. Intent to Gain. 2. Unlawful Taking. 3. Personal property belonging to another 4. Violence or intimidation against any person or force upon anything. What is Robbery? - Any person who with intent to gain, take any personal property belonging to another by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery. (Art 293 RPC).\ - Any person guilty of robbery with the use of violence and intimidation of any person shall suffer the penalty of reclusion perpetua to death, when by reason or on the occasion of robbery, the crime of homicide shall have been committed. - The kind and the value of the property taken is not material, but it must be of some value to the person robbed. - The taking is meant not only the immediate thing from his person, but also in his presence when it is done with violence and against his consent. - The taking must be by violence or putting the person in fear; but both of these circumstances need not concur. - The violence or putting of fear must be at the time of the act or immediately preceding. - One who is present and aids and abets a robbery is punishable as a principal. - In violence or intimidation of person, the value of the personal property taken is immaterial bec. The penalty is fixed according to the extent of violence or intimidation. In use of force, the penalty is fixed according to the value of the thing stolen. - The crime of Robbery with Homicide is the same, special complex crime whether there is murder or not bec. It is a single indivisible crime. Useful Points in Homicide: Art. 249.

FRATERNAL ORDER OF UTOPIA - Homicide may be described as the destruction of life of one human being either by himself or by the act, procurement or culpable omission of another. It is not necessary that the injury inflicted was the sole cause of death, provide that it contributed mediately or immediately in a degree sufficient for the laws notice.

Intimate Connection between Robbery and Homicide - When the homicide is done by reason of on the occasion thereof, the homicide is integrated in the crime of robbery. - The law does not require that the victim of the robbery also be the victim of the homicide. - U.S. v. Landasan: The crime of Robbery with homicide is a special complex crime whether there is murder or not. It is a single indivisible crime. Wherefore the circumstance of treachery though present does not vary the classification of the crime of robbery, with homicide. - Whenever a homicide is committed as a consequence or on the occasion of robbery, all those who took part as principals also in the commission of the robbery will be held guilty as principals in the complex crime of robbery with homicide, although they did not actually commit the homicide unless it can be clearly shown that they endeavoured to prevent the unlawful killing. - When there is a direct relation, an intimate connection between the direct killing- whether the latter be prior to or subsequent to the former or whenever both crimes can be committed at the same time- it is unquestionable that they commit the special crime of robbery with homicide. - The robbery and murder committed being both qualified by the clause by reason or on the occasion thereof are converted into a single indivisible crime of robbery with homicide. - When the complex crime of robbery with homicide and multiple frustrated homicides is charged, the offense proved should be punished as only one act regardless of the number of homicides or frustrated committed in conjunction with the robbery. The fact that two or more persons were killed will serve as an aggravating circumstance. - Intent is of no moment in the crime of robbery with homicide. - Treachery cannot be taken into account as a qualifying circumstance because the offence is a special complex crime composed of two distinct crimes and converted into a single indivisible crime with its own penalty - Evident premeditation is not considered as an aggravating circumstance because it is inherent in the crime of Robbery. - Robbery with Homicide absorbs physical injuries. - Robbery and Ownership of the Property must be alleged. - Homicide is used in its generic sense. In Re: The Complex Crime of Kidnapping with Murder Art. 248 Murder Treachery as a qualifying circumstance must be proven by clear and convincing evidence. Sufficient to prove guilt beyond reasonable doubt. Art. 48 of the RPC: Complex Crimes In order to determine whether two offenses constitute a complex crime, we should take into consideration the facts alleged in the complaint or information and determine whether one or two separate and different offenses charged therein was committed as a necessary means to commit other offenses; if there were, the two offenses constitute one complex crime; otherwise, the complaint or information charges two crimes or offenses independent from one another. 2 kinds of complex crimes: a. when the single act constitutes two or more grave or less grave felonies. b. When an offense is the necessary means of committing the other.

FRATERNAL ORDER OF UTOPIA not applicable to light felonies. most serious penalty to be imposed.

-Kinds of plurality of crimes: a. formal plurality of crimes: there is but one criminal liability in this kind of plurality. b. real or material plurality: there are different crimes in law as well as conscience of the offender. In such cases the offender shall be punished for each and every offense that he has committed. Continued Crimes: -A continued crime is a single crime consisting of a series of acts but all arise form one criminal resolution.

Robbery with Rape: Alibi: It is indispensable and necessary in order to establish an alibi successfully, that the accused was at some other place at the time the crime was committed, and that it was physically impossible for him to be in the place where the crime took place. (Review Elements of robbery and elements of rape. And the digest on multiple forcible abduction with rape.) D. ELEMENTS OF HOMICIDE: (249) 1. That a person was killed. 2. That the accused killed him without any justifying circumstances. 3. That the accused had the intention to kill, which is presumed. 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Notes: 1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide 2. There is no crime of frustrated homicide through negligence 3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide. But where the wounds were not fatal and there was no conspiracy, separate liabilities are incurred. 4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 5. Distinguished from physical injuries: In attempted or frustrated homicide, there is intent to kill, while in physical injuries there is none. However, if as a result of the physical injuries inflicted, the victim died, the crime will be homicide, because the punishes the result and not the intent of the act. E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250) 1. 2 degrees lower than that of the principal in the consummated crime. F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251) 1. That there be several persons. 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. 3. That these several persons quarreled and assaulted one another in a confused and tumultous manner. 4. That someone was killed in the course of the affray. 5. That it cannot be ascertained who actually killed the deceased.

FRATERNAL ORDER OF UTOPIA 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

Notes: 1. Tumultous affray exists hen at least 4 persons take part in it 2. When there are 2 identified groups of men who assaulted each other, there is no tumultous affray 3. Art. 251 does not apply if there is a concerted fight between two organized groups. 4. Persons liable are: a. person/s who inflicted serious physical injuries b. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252) 1. that there is a tumultous affray as referred to in the preceding article. 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. 3. that the person responsible therefor cannot be identified. 4. That all those who appear to have used violence upon the person of the offended party are known. Note: the one injured must be a participant, unlike in Art. 251 where the one who dies may be either a participant or a bystander. H.GIVING ASSISTANCE TO SUICIDE: (253) Acts punishable: 1. Assisting another to commit suicide, whether the suicide is consummated or not 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself Notes: 1. A person who attempts to commit suicide is not criminally liable 2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion 3. Assistance to suicide is different from mercy-killing. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder 4. Penalty is mitigated if suicide is not successful 5. It is immaterial if the one assisting is a father, mother or child of the deceased; the penalty will not be that for parricide but that provided here. I. ELEMENTS OF DISCHARGE OF FIREARMS: (254) 1. that the offender discharges a firearm against or at another person. 2. That the offender has no intention to kill that person. Notes: 1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article 2. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under art 155. 3. Usually, the purpose of the offender is only to intimidate or frighten the offended party 4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards 5. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party 6. If the discharge is not directed at a person the crime is alarms and scandal 7. If the gun is drawn and not fired, it may only be threats. 8. If the trigger is pulled but the gun does not fire, frustrated discharge of firearm is committed.

FRATERNAL ORDER OF UTOPIA 9. If serious or less serious physical injuries result from the discharge, it will be a complex crime of injuries with illegal discharge. 10. If as a consequence of the discharge a person dies, it is homicide. J. ELEMENTS OF INFANTICIDE: (255) 1. That a child was killed. 2. That the deceased child was less than three days (72 hours) of age. 3. That the accused killed the said child. Notes: 1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide 2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating. (mother must be of good reputation) 3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal 4. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed 5. Other persons who kill a child less than 72 hours old, also guilty of infanticide, the menalty will be that for murder. K. ELEMENTS OF INTENTIONAL ABORTION: (256) 1. That there is a pregnant woman. 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. 4. That the abortion is intended. Notes: 1. Frustrated Abortion is committed if the fetus that is expelled is viable and therefore not dead. If the means are inadequate, there is an impossible crime. 2. Abortion v. Infanticide: if the fetus could sustain an independent life and it is killed, the crime is infanticide. If it could not subsist by itself outside the maternal womb, the crime is abortion. L. ELEMENTS OF UNINTENTIONAL ABORTION: (257) 1. That there is a pregnant woman. 2. That violence is used upon such pregnant woman without intending an abortion. 3. That the violence is intentionally exerted. 4. That as a result of the violence that fetus dies, either in the womb or after having been expelled therefrom. Notes: 1. Unintentional abortion can also be committed through negligence 2. The accused can only be held liable if he knew that the woman was pregnant 3. If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258) 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended.

FRATERNAL ORDER OF UTOPIA 3. That the abortion is caused by a. the pregnant woman herself b. any other person, with her consent, or c. any of her parents, with her consent for the purpose of concealing her dishonor.

Notes: 1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no mitigation for the parents of the pregnant women even if their purpose is to conceal their daughters dishonor 2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art 258 3. A pregnant woman who tries to commit suicide but survives while her baby dies does not incur any criminal liability. The reason is that you are liable for the direct, natural and logical consequence of your felony. But one committing suicide is not liable for any felony, so she is not liable for its consequences. N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259) 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended. 3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion. 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. Notes: 1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used 2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260) Acts punished: 1. Killing ones adversary in a duel 2. Inflicting upon the adversary serious physical injuries 3. Making a combat although no physical injuries have been inflicted Persons liable: 1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices as seconds Notes: 1. Duel: a 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 other conditions of the fight 2. If death results, the penalty is the same as that for homicide P. CHALLENGING TO A DUEL: (261) Acts punishable: 1. Challenging another toa duel 2. Inciting another to give or accept a challenge to a duel 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. Challenger

FRATERNAL ORDER OF UTOPIA 2. Instigators II. PHYSICAL INJURIES A. MUTILATION: (262) Kinds of Mutilation 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction 2. Intentionally making another mutilation, i.e. lopping, 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 the body Elements: 1. There be a castration i.e. mutilation of organs necessary for generation 2. Mutilation is caused purposely and deliberately Notes: 1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind 2. Mayhem: refers to any other intentional mutilation 3. There must be specific intent to mutilate. B. SERIOUS PHYSICAL INJURIES: (263) How Committed 1. Wounding 2. Beating 3. Assaulting 4. Administering injurious substances What are serious physical injuries: 1. Injured person becomes insane, imbecile, impotent or blind 2. Injured person a. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg b. loses the use of any such member c. becomes incapacitated for the work in which he had been habitually engaged 3. Injured person a. become deformed b. loses any other member of his body c. loses the use thereof d. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) Notes: 1. Serious physical injuries may be committed through reckless imprudence or simple imprudence 2. There must be no intent to kill 3. Impotent should include inabilty to copulate and sterility 4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated 5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3 6. Loss of use of hand or incapacity of usual work in par 2 must be permanent 7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member

FRATERNAL ORDER OF UTOPIA 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4, all that is required is illness or incapacity, not medical attendance In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries

C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264) 1. That the offender inflicted upon another person any serious physical injury 2. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. He had no intent to kill Notes: 1. It is frustrated murder when there is intent to kill 2. Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated 3. Art. 264 covers only serious physical injuries. All other injuries will be covered by 265 and 266. D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265) 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time 2. That the physical injuries must not be those described in the preceding articles Notes: 1. Circumstances qualifying the offense: a. when there is manifest intent to insult or offend the injured person b. when there are circumstances adding ignominy to the offense c. when the victim is either the offenders parents, ascendants, guardians, curators or teachers d. when the victim is a person of rank or person in authority, provided the crime is not direct assault 2. It falls under this article even if there was no incapacity but the medical treatment wasfor 13 days E. SLIGHT PHYSICAL INJURIES: (266) 3 Kinds:

FRATERNAL ORDER OF UTOPIA 1. 2. 3. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. blackeye) Ill-treatment of another by deed w/o causing any injury (ex. slapping but w/o causing dishonor)

Note: 1.

Physical injuries and Direct Assault a. if serious physical injuries are inflicted upon a person in authority by reason or occasion of his duties. It is a complex crime of direct assault with serious physical injuries. b. If there is only less serious or slight physical injuries, then the crime is only direct assault qualified by the laying of hands. c. F. RAPE (ART 355) The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3 Elements: Rape is committed 1. By a man who 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 otherwise unconscious c. by means of fraudulent machination 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 mentionedabove be present 2. By any person who, under any of the corcumstances mentioned in par 1 hereof, shall commit an ac of sexual assault by inserting a. his penis into another persons mouth or anal orifice, or b. any instrument or object, into the genital or anal orifice of another person Rape committed under par 1 is punishable by: 1. reclusion perpetua 2. reclusion perpetua to DEATH when a. victim became insane by reason or on the occasion of rape b. the rape is attempted and a homicide is committed by reason or on the occasion thereof 3. DEATH when a. homicide is committed b. victim under 18 years and offender is: i. parent ii. ascendant iii. step-parent iv. guardian v. relative by consanguinity or affinity with the 3rd civil degree or vi. common law spouse of parent of victim c. under the custody of the police or military authorities or any law enforcement or penal institution d. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime f. a child below 7 years old g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim h. offender; 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 i. victim suffered permanent ohusival mutilation or disability

FRATERNAL ORDER OF UTOPIA j. k. the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and when the offender knew of the mental disability, emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime

Rape committed under par 2 is punishable by: 1. prision mayor 2. prision mayor to reclusion temporal a. use of deadly weapon or b. by two or more persons 3. reclusion temporal when the victim has become insane 4. reclusion temporal to reclusion pepetua rape is attempted and homicide is committed 5. reclusion perpetua homicide is committed by reason or on occasion of rape 6. reclusion temporal committed with any of the 10 aggravating circumstances mentioned above Notes: 1. The underscored words are the amendments provided by RA 8353 2. Dividing age in rape: a. less than 7 yrs old, mandatory death b. less than 12 yrs old, statutory rape c. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death TITLE NINE CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

I. A. 1. 2. 3. 4.

ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267) Offender is a private individual He kidnaps or detains another, or in any other manner deprives the latter of his liberty The act od detention or kidnapping must be illegal That in the commission of the offense, any of the following circumstances are present (becomes serious) a. that the he kidnapping/detention lasts for more than 3 days b. that it is committed simulating public authority c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are masw, or d. that the person kidnapped or detained is a minor (except if parent is the offnder), female or a public officer

Note: When death is imposed: a. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present) b. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts Notes: 1. Distinguished from arbitrary detention: arbitrary detention is committed by a public officer. Illegal detention is committed by any person. 2. Kidnapping with Murder: if the primary intention is murder, kidnapping is absorbed provided that the detention is not over an appreciable period of time. If the primary purpose is to kidnap and a murder is later committed then it is a complex crime of Kidnapping with Murder. 3. Taking a hostage during a robbery: may or may not be serious illegal detention depending on whether the detention is for an appreciable amount of time.

FRATERNAL ORDER OF UTOPIA B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268) 1. Offender is a private person 2. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime 3. That the act of detention or kidnapping must be illegal 4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267 Note: Privileged mitigating circumstances: If the offender: a. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. without having attained the purpose intended and c. before the institution of criminal proceedings against him C. 1. 2. 3. ELEMENTS OF UNLAWFUL ARREST: (269) That the offender arrests or detains another person That the purpose of the offender is to deliver him to the proper authorities That the arrest or detention is not authorized by law or there is no reasonable ground therefor

Notes: 1. Offender is any person, so either a public officer or private individual 2. Refers to warrantless arrests 3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law 4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270) 1. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs old) 2. That he deliberately fails to restore the said minor to his parents E. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271) 1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody 2. That the offender induces a minor to abandon such home Notes: 1. Inducement must be actual, committed with criminal intent and determined by a will to cause damage 2. Minor should not leave his home of his own free will 3. Mitigating if by father or mother F. ELEMENTS OF SLAVERY: (272) 1. That the offender purchases. Sells, kidnaps or detains a human being. 2. That the purpose of the offender is to enslave such human being. Note: Qualifying circumstance if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273) 1. That the offender retains a minor in his service. 2. That it is against the will of the minor. 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor. H. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274) 1. That the offender compels a debtor to work for him, either as household servant or farm laborer.]

FRATERNAL ORDER OF UTOPIA 2. 3. That it is against the debtors will. That the purpose is to require or enforce the payment of a debt. II. CRIMES AGAINST SECURITY A. ELEMENTS OF ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM: (275) Acts punishable: 1. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense Elements a. That place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself. d. The accused fails to render assistance. 2. 3. By failing to help or render assistance to another whom the offender has accidentally wounded or injured By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place

B. ELEMENTS OF ABANDONING A MINOR: (276) 1. That the offender has the custody of a child. 2. That the child is under seven years of age. 3. That he abandons such child. 4. That he has no intent to kill the child when the latter is abandoned. Notes: 1. Conscious, deliberate, permanent, unless punishable by a more serious offense 2. Qualifying circumstances: a. when the death of the minor resulted from such abandonment b. if the life of the minor was in danger because of the abandonment 3. If the purpose is only to abandon, then abandonment is committed under Art. 276, even if as a consequence thereof, the child dies. if the child is less than three days of age and there is an intent to kill, then the crime is infanticide. 4. Merely leaving a child on someones doorstep is not abandonment; there is abandonment when the intention and the manner of abandonment will deprive the child of care and protection from danger to his person; the child will be endangered without possibility of help. B. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS: (277) Acts punished: 1. By delivering a minor to a public institution or other persons w/o 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 Elements: a. That the offender has charged of the rearing or education of a minor. b. That he delivers said minor to a public institution or other persons. c. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it.

FRATERNAL ORDER OF UTOPIA 2. By neglecting his (offeners) children by not giving them education which their station in life requires and financial condition permits Elements: a. That the offender is a parent. b. That he neglects his children by not giving them education. c. That his station in life requires such education and his financial condition permits it.

C. ELEMENTS OF EXPLOITATION OF MINORS: (278) Acts punished: 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person 2. By 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 or circus manager or engaged in a similar calling 3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings 4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child 5. By inducing any child under 16 to abadon the home of its ascendants; guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person Note: 1. 2. 3. Qualifying Circumstance if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher. The crime is committed by causing any minor to undertake hazardous, dangerous or demeaning employment. Difference with Art. 271: In art. 271 there is no specific purpose for the inducement.

D. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279) F. ELEMENTS OF TRESPASS TO DWELLING: (280) 1. That the offender is a private person. 2. That he enters the dwelling of another. 3. That such entrance is against the latters will. Notes: 1. Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher 2. There must be an opposition to the entry of the accused 3. Implied prohibition is present considering the situation late at nighht and everyones asleep or entrance was made through the window 4. Prohibition is not necessary when violence or intimidation is employed by the offender 5. When there is no overt act of the crime intended to be committed, this is the crime 6. May be committed even by the owner (as against the actual occupant) 7. Not applicable to: a. entrance is for the purpose of preventing harm to himself, the occupants or a third person b. purpose is to render some service to humanity or justice c. place is a caf, tavern etc while open 8. Against the Will: the entrance is either expressly or impliedly prohibited, or the prohibition is presumed.

FRATERNAL ORDER OF UTOPIA 9. Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 10. Distinguished from violation of domicile: Violation of domicile may be committed only by a public officer or employee and the violation may consist of any three acts in Art. 128 a. entering the dwelling against the will of the owner without judicial order; b. searching papers or other effects found in such dwelling without previous consent of the owner thereof; c. refusing to leave the dwelling when so requested after having surreptitiously entered. Trespass to dwelling may be committed by any private person who shall enter the dwelling of another against the latters will. G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281) 1. That the offender enters the closed premises or the fenced estate of another. 2. That the entrance is made while either of them is uninhabited. 3. That the prohibition to enter be manifest. 4. That the trespasser has not secured the permission of the owner or the caretaker thereof. Notes: 1. The principle of robbery of an uninhabited place apply here. 2. Correlate with P.D. 772, the anti squatting law, applies to trespass with the specific purpose of squatting in urban areas and it does not apply to agricultural or grazing lands. F. ELEMENTS OF GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282) Acts punishable: 1. By threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender (Note: threat is with condition) Elements a. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. b. That such wrong amounts to a crime. c. That there is a demand for money or that any other condition is imposed, even though not unlawful. d. That the offender attains his purpose. 2. 3. By making such threat without the offender attaining his purpose By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition (Note: threat is without condition) Elements a. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. b. That such wrong amounts to a crime. c. That the threat is not subject to a condition

Notes: 1. Aggravating circumstances: if made in writing or thru a middleman 2. Frustrated if not received by the person being threatened 3. Art 284 bond from good behavior may be imposed (only in these offenses) 4. Grave threats v. Robbery: a. In robbery the intimidation is actual and immediate; in threats, the intimidation is a condition or future. b. In robbery, the intimidation is personal; in threats it may be through an intermediary. c. Threats may refer to the person, honor or property; while robbery to personal property. d. there is intent to gain in robbery; not necessarily in threats.

FRATERNAL ORDER OF UTOPIA H. ELEMENTS OF LIGHT THREATS: (283) 1. That the offender makes a threat to commit a wrong. 2. That the wrong does not constitute a crime. 3. That there is a demand for money or that other condition is imposed, even though not unlawful 4. That the offender has attained his purpose or, that he has not attained his purpose Notes: 1. Art 284 bond from good behavior may be imposed (only in these offenses) 2. The wrong does not amount to a crime I. BOND FOR GOOD BEHAVIOR: (284) J. ELEMENTS OF OTHER LIGHT THREATS: (285) 1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense. 2. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist. 3. Person orally threatens another with harm not constituting a felony. K. ELEMENTS OF GRAVE COERCIONS: (286) 1. That a person prevented another from doing something OR not to do something against his will, be it right or wrong; 2. That the prevention or compulsion be effected by violence, of force as would produce intimidation and control the will. 3. That the person that restrained the will and liberty by 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. Note: if the coercion is committed for the purpose of compelling another to perform a religious act or prevent him from doing so, the penalty next higher in degree shall be imposed. Grave coercions distinguished from other crimes: 1. distinguished from robbery: the distinction is in the intention of the accused: if with intent to gain and deprive another person of property through force or intimidation, it is robbery. If it is without authority of the law, but believing himself to be the creditor to do something against his will it is grave coercion. 2. distinguished from forcible abduction: distinguished by lewd designs in abduction; if no lewd design only coercion. 3. distinguished from illegal detention: without deprivation of liberty, it is only coercion. 4. distinguished from maltreatment of prisoners: if the person maltreated is not a prisoner and he is maltreated to secure a confession: coercion. L. ELEMENTS OF LIGHT COERCIONS: (287) 1. That the offender must be a creditor. 2. That he seizes anything belonging to his debtor. 3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; 4. That the purpose of the offender is to apply the same to the payment of the debt. M. ELEMENTS OF OTHER SIMILAR COERCIONS: (288) ELEMENTS OF NO. 1 1. That the offender is any person, agent or officer of any association or corporation. 2. That he or such firm or corporation has employed laborers or employees. 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodites of any kind from his or from said firm or corporation.

FRATERNAL ORDER OF UTOPIA ELEMENTS OF NO. 2 1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. 2. That those tokens or objects are other than the legal tender currency to the Philippines. 3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. N. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289) 1. 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 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees. III. DISCOVERY AND REVELATION OF SECRETS A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290) 1. That the offender is a private individual or even a public officer not in the exercise of his official function, 2. That he seizes the papers or letters of another. 3. That the purpose is to discover the secrets of such another person. 4. That offender is informed of the contents or the papers or letters seized. Notes: 1. Not applicable to parents with respect to minor children 2. spouse, with respect to the letters for either of them. 3. Contents need not be secret but purpose prevails 4. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person, the penalty is higher 5. Distinguished from estafa: if with intent to gain or defraud: estafa 6. Distinguished from damage to property: to destroy letter: damage to property 7. Distinguished from unjust vexation: if only to annoy: unjust vexation. B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291) 1. That the offender is a manager, employee or servant. 2. That he learns the secrets of his principal or master in such capacity. 3. That he reveals such secrets. Note: damage is not necessary. C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292) 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment. 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. 3. That the offender reveals such secrets. 4. That the prejudice is caused to the owner. TITLE TEN I. CRIMES AGAINST PROPERTY

FRATERNAL ORDER OF UTOPIA A. ELEMENTS OF ROBBERY IN GENERAL: (293) 1. That there be personal property belonging to another. 2. That there is unlawful taking of that property. 3. That the taking must be with intent to gain, and 4. That there is violence against or intimidation of any person, or force upon anything. Notes: 1. Belonging to another person from whom property was taken need not be the owner, legal possession is sufficient 2. Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide 3. Taking of personal property must be unlawful; if given in trust estafa 4. As to robbery w/ violence or intimidation from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete 5. As to robbery w/ force upon things thing must be taken out of the building 6. Except: bulky objects: taking is complete when one already has the ability to dispose of the object. 7. Intent to gain presumed from unlawful taking 8. Taking must not be under the claim of title or ownership 9. When theres no intent to gain but there s violence in the taking grave coercion 10. Violence or intimidation must be against the person of the offended party, not upon the thing 11. General rule: violence or intimidation must be present before the taking is complete 12. Except: when violence results in homicide, rape, intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed w/ any of thise crimes under art 294, even if taking is already complete when violence was used by the offender 13. Use of force upon things entrance to the bldg by means described in arts 299 and 302 (offender must enter) 14. When both violence or intimidation and force upon things concur it is robeery w/ violence Robbery w/ violence Intent to gain Immediate harm Grave threats No intent to gain Intimidation; promises some future harm or injury Grave coercion None Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)

Robbery X didnt commit crime but is intimidated to deprive him of his property Deprived of Php thru force or intimidation Neither Ex. defendant demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm

Bribery X has comitted a crimw and gives money as way to avoid arrest or prosecution Giving of Php is in one sense voluntary Transaction is voluntary and mutual

C. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294) Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery, the ff are committed: 1. homicide 2. robbery accompanied w/ rape or intentional mutilation, SPI insane, imbecile, impotent or blid

FRATERNAL ORDER OF UTOPIA 3. 4. 5. SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in Violence / intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days Any kind of robbery with less serious physical injuries or slight physical injuries

Notes: 1. special complex crimes (specific penalties prescribed) a. robbery with homicide if original design is robbery and homicide is committed robbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought 2 separate offenses. Still robbery with homicide if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. People v. Gapasin: the intent to rob may be before, may be after, since the wording as a by reason or occasion of. b. robbery with rape intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party fiscal can sign the information. When rape and homicide coexist, rape should be considered as aggravating only and the crime is still robbery with homicide c. robbery with intimidation acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed d. Simple Robbery: robbery with serious/ slight physical injuries or no injuries fall under this. 2. qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: a. in an uninhabited place or b. by a band or c. by attacking a moving train, street car, motor vehicle or airship, or d. by entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or e. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294 D. QUALIFIED ROBBERY W/ VIOLENCE OR INTIMIDATION (295) Notes: 1. Must be alleged in the information 2. Cant be offset by generic mitigating 3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263 4. in all cases, the penalty is increased. E. ROBBERY BY A BAND: (296) Notes: 1. More than 3 armed malefactor 2. Liability for the acts of the other members of the band a. he was a member of the band b. he was present at the commission of a robbery by that band c. other members of the band committed an assault d. he did not attempt to prevent the assault 3. Conspiracy to commit robbery with homicide even if less than 4 armed men 4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof all members of the band are liable for robbery with homicide 5. Conspiracy is presumed when 4 or more armed persons committed robbery 6. Unless the others attempted to prevent the assault guilty of robbery by band only 7. Aggravating circumstance: if any arms used were unlicensed firearms, this is a special aggravating circumstance and the penalty is raised to the maximum in addition to the criminal liability for illegal possession of an unlicensed firearm.

FRATERNAL ORDER OF UTOPIA 8. Band is only an ordinary aggravating circumstance in robbery with homicide

F. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297) Notes: 1. When by reason or on the 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 serves a higher penalty. This is an exception to the rule of 1 or 2 degrees lower in the attempted stage. 2. Unless the homicide deserves a higher penalty- if murder attempted stage or homicide was committed, since the penalty for that is higher, impose the penalty for murder or homicide. 3. Whether robbery is attempted or frustrated, penalty is the same. 4. Where offense committed is attempted or frustrated robbery with serious PI art 48 is applicable F. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298) 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, execute, or deliver any public instrument or document. 3. That the compulsion is by means of violence or intimidation. Note: Distinguished from coercion: In coercion there is no intent to gain and the damage is remote in Art. 298, there is an intent to gain, but the damage is immediate. G. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299) 1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted to religious worship. 2. That the entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress. b. By breaking any wall, roof, or floor or breaking any door or window. c. By using false keys, picklocks or similar tools or. d. By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to another with intent to gain. Notes: 1. Includes dependencies (stairways, hallways, etc.) 2. Inhabited house any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent dependencies, courts, corals, barns, etc. 3. NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION. 4. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY 5. Entrance is necessary mere insertion of hand is not enough (whole body); not to get out but to enter therefore, evidence to such effect is necessary 6. P v. Lamahang intent to rob being present is necessary 7. Place: house or bldg; not car 8. Public bldg every bldg owned, rented or used by the govt (though owned by private persons) though temprarily vacant 9. Not robbery passing thru open door but getting out of a window 10. Outside door must be broken, smashed. Theft if lock is merely removed or door was merely pushed 11. False keys genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock 12. Picklocks specially made, adopted for commission of robbery 13. Key stolen not by force, otherwise, its robbery by violence and intimidation against persons 14. False key used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened) 15. GenRule: outside door. Exception: inside door in a separate dwelling

FRATERNAL ORDER OF UTOPIA 16. E.g. pretending to be police to be able to enter (not pretending after entrance) ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it 2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances. a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. Notes: 1. Entrance ( no matter how done) 2. Offender may be servants or guests 3. Destruction of keyhole of cabinet is robbery here 4. When sealed box is taken out for the purpose of breaking it, no need to open already consummated robbery 5. Estafa if box is in the custody of acc 6. Theft if box found outside and forced open H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300) I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301)

Notes: 1. dependencies are all interior courts, corrals, warehouses, granaries or inclosed places: a. contiguous to the bldg b. having an interior entrance connected therewith c. which form part of the whole 2. Garage must have 3 requirements. Exception: orchards/lands J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302) 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2. that any of the following circumstances was present: a. That entrance was effected through an opening not intended for entrance or egress. b. A wall, roof, floor, or outside door or window was broken. c. The entrance was effected through the use of false keys, picklocks or other similar tools. d. A door, wardrobe, chest, or any sealed or closed furniture or receptable was broken or e. A closed or sealed receptable was removed, even if the same be broken open elsewhere. 3. That with intent to gain the offender took therefrom personal property belonging to another. Notes: 1. Second kind of robbery with force upon things 2. Uninhabited place is an uninhabited bldg (habitable, not any of the 3 places mentioned) 3. Ex. warehouse, freight car, store. Exception: pigsty 4. Same manner as 299 except that was eneterd into was an uninhabited place or a bldg other than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending the exercise of public authority 5. Breaking of padlock (but not door) is only theft 6. False keys genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened

FRATERNAL ORDER OF UTOPIA K. ELEMENTS OF ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: (303) L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304) 1. That the offender has in his possession picklocks or similar tools. 2. That such picklocks or similar tools are specially adopted to the commission of robbery. 3. That the offender does not have lawful cause for such possession. Note: Actual use of the same is not necessary M. ELEMENTS OF FALSE KEYS: (305) 1. Picklocks, etc. 2. Genuine key stolen from owner. 3. Any key other than those intended by owner for use in the lock forcibly opened by the offender Notes: 1. Possession of false keys here not punishable 2. If key was entrusted and used to steal, not robbery (not stolen) II. BRIGANDAGE A. ELEMENTS OF BRIGANDAGE: (306) Brigands more than three armed persons forming a band Purpose: a. Robbery in highway d b. Kidnapping for extortion or ransom. c. Any other purpose to be obtained by means of force and violence. Presumption of Brigandage: a. if members of lawless band and possession of unlicensed firearms (any of them) b. possession of any kind of arms (not just firearm) BRIGANDAGE Purposes are given Mere formation of a band for the above purpose ROBBERY IN BAND Only to commit robbery, not necessarily in hi-way If the purpose is to commit a part robbery Necessary to prove that band actually committed robbery

G. 1. 2. 3.

ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307) That there is a band of brigands. That the offender knows the band to be of brigands. That the offender does any of the following acts: a. he in any manner aids, abets or protects such band if brigands, or b. he gives them information of the movements of the police or other peace officers of the government or c. He acquires or receives the property taken by such brigands.

Notes: 1. PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means 2. Committed by any person

FRATERNAL ORDER OF UTOPIA 3. On any Phil hi-way: it shall refer 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 trains for the movement or circulation of persons or transportation of goods, articles or property or both. III. THEFT A. ELEMENTS OF THEFT: (308) 1. That there be taking of personal property. 2. That said property belongs to another. 3. That the taking be done with intent to gain. 4. That the taking be done without the consent of the owner. 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Persons liable: 1. Those who a) w/ intent to gain b) but w/o violence against or intimidation of persons not force upon things c) take d) personal property e) of another f) w/o the latters consent 2. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner

Notes: 1. Retention of Php/property found is theft. Retention is failure to return (intent to gain) 2. Knowledge of owner is not required, knowledge of loss is enough 3. Finder in law is liable 4. intent to gain is presumed from the unlawful taking of personal property belonging to another. 3. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the danage caused by them

Note: Killing of cattle of another which destroyed his property and getting meat for himself 4. Those who a) enter an emclosed estate or a field where b) tresspass is forbidden or which belongs to another and, without the consent of its owner c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products

Notes: 1. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the control test 2. P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu full possession is enough 3. Servant using car without permission deemed qualified theft though use was temporary 4. Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude joyride

FRATERNAL ORDER OF UTOPIA 5. Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him (no intent to return) e.g. felenious conversion. But it is estafa if juridical possession is transferred e.g., by contract of bailment rtc 6. Includes electricity and gas a. inspector misreads meter to earn b. one using a jumper 7. Selling share of co-partner is not theft 8. Salary must be delivered first to employee; prior to this, taking of Php if theft 9. If offender claims property as his own (in good faith) not theft ( though later found to be untrue. If in bad faith theft) 10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride) 11. Actual gain is not necessary (intent to gain necessary) 12. Allege lack of consent in info is important 13. Characteristics of taking: a. material occupation of the thing by the offender b. placing it under his control or possession c. with a character of permanency- if at the time of the taking there was no intention to return. 14. In theft: physical possession; in estafa it is judicial possession. 15. if through the course of theft, homicide or serious physical injuries par. 1 & 2 is committed, the crime becomes robbery with homicide. B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE (PAR. NO.3, ART. 308) 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2. That the offender enters the same. 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and 4. That the hunting or fishing or gathering of products is without the consent of the owner. Notes: 1. Fish not in fishpond, otherwise, qualified 2. the difference between illegal fishing and entering an enclosed estate to fish refers to fishing in natural bodies of water found on such estates; P.D. 534 refers to fishponds with cultured fish. C.PENALTIES FOR QUALIFIED THEFT; (309) D. ELEMENTS OF QUALIFIED THEFT: (310) 1. Committed by domestic servant, or 2. With grave abuse of confidence, or 3. Property stolen is: a. motor vehicle b. mail matter c. large cattle d. coconut from plantation e. fish from fishpond or fishery, or 4. On occasion of calamities and civil disturbance. Notes: 1. grave abuse high degree of confidence e.g. guests 2. no confidence, not qualified theft 3. theft material possession estafa juridical possession 4. qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers 5. novation theory applies only if theres a relation 6. industrial partner is not liable for QT (estafa)

FRATERNAL ORDER OF UTOPIA 7. when accused considered the deed of salw as sham (modus) and he had intent to gain, his absconding is QT 8. see carnapping law: RA 6539 9. motor vehicle inkabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa 10. mail matter private mail to be QT, Not postmaster Art. 226 11. theft of large cattle 12. Qualifies theft v. estafa: the crime of theft is qualified with abuse of confidence only the physical possession is transferred. It is estafa if the juridical possession is transferred. E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311) Note: While in other cases of theft, the penalty depends on the value of the property, in Art. 311, the penalty is fixed at arresto mayor, and a fine of P200-P500 or both, unless a higher penalty shall be provided under the provisions. unless a higher penalty shall be provided: if the taking would amount to qualified theft, the penalty for qualified theft should be imposed. Fencing PD (1612) 1. fencing is an act of any person who with intent to gain, for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of or shall buy and sell or in any other manner deal in any article, item, or object or anything of the nature, which he knows or should have known to him to have been derived from the proceeds of a crime of robbery or theft. Presumption in fencing: mere possession of goods, article or item, object or anything of value which has been the object of robbery or thievery shall prima facie evidence of fencing. IV. USURPATION A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312) 1. That the offender takes possession of any real property or usurps any real rights in property. 2. That the real property or real rights belong to another. 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. 4. That there is intent to gain. Squatting (PD 772) Note: punishes any person who, with the use of force, intimidation, or threat, or taking advantage of the absence of tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential, commercial or any other purpose. Without violence or intimidation there is only civil liability. B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313) 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. 2. That the offender alters said boundary marks. V. CULPABLE INSOLVENCY

2.

FRATERNAL ORDER OF UTOPIA A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency) 1. That the offender is a debtor; that is, he was obligations due and payable. 2. That he absconds with his property. 3. That there be prejudice to his creditors.- actual prejudice is necessary; the fraudulent concealment of some property is not sufficient if he has other property with which to satisfy the obligation. Note: if these acts are committed after the institution of insolvency, the insolvency law will apply. VI. SWINDLING AND OTHER DECEITS A. ELEMENTS OF ESTAFA IN GENERAL: (315) 1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315) 1. That the offender has an onerous obligation to deliver something of value. 2. That he alters its substance, quantity, or quality. 3. That damage or prejudice is caused to another. C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315 1. That money, goods, or other personal property be 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. 2. That there be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt. 3. that such misappropriation or conversion or dental is to the prejudice of another and 4. That there is a demand made by the offended party to the offender. D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3 WAYS OF COMMITTING: 1. By misappropriating the thing received. 2. By converting the thing received. 3. By denying that the thing was received. Notes: 1. Unfaithful or Abuse of Confidence a. by altering the substance b. existing obligation to deliver even if it is not a subject of lawful commerce c. thing delivered has not been fully or partially paid for not estafa d. no agreement as to quality No estafa if delivery is unsatisfactory 2. By misappropriating and converting a. thing is received by offender under transactions transferring juridical possession, not ownership b. under PD 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale of the goods covered by TR Estafa c. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash estafa d. Estafa not affected by Novation of Contract because it is a public offense e. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. Misappropriating to take something for ones own benefit

FRATERNAL ORDER OF UTOPIA g. Converting act of using or disposing of anothers property as if it was ones own; thing has been devoted for a purpose or use different from that agreed upon h. There must be prejudice to another not necessary that offnder should obtain gain i. Partners No estafa of money or property received for the partnership when the business is commercial and profits accrued. BUT if property is received for specific purpose and is misappropriated estafa! j. Failure to account after the DEMAND is circumstantial evidence of misappropriation k. DEMAND is not a condition precendent to existence of estafa when misappropriation may be established by other proof l. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him otherwise, Estafa m. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the PO is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa ESTAFA WITH ABUSE OF CONFIDENCE Offenders are entrusted with funds or property and are continuing offenses Funds: always private Offender: private individual, or public officer not ccountable Committed by misappropriating, converting, denying having received money MALVERSATION offenders are entrusted with funds or property and are continuing offenses Funds: public funds or property Offender: public officer accountable for public funds Committed by appropriating, taking, Misappropriating

3.

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315) 1. That the paper with the signature of the offended party be in blank. 2. That the offended party should have delivered it to offender. 3. That above the signature of the offended party a document is written by the offender without authority to do so. 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person. Notes: If the paper with signature in blank was stolen Falsification if by making it appear that he participated in a transaction when in fact he did not so participate F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315) 1. that there must be a false pretense, fraudulent means must be made or executed prior to or 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. 4. That as a result thereof, the offended party suffered damage. Notes: 1. False pretenses or fraudulent acts executed prior to or simulataneously with delivery of the thing by the complainant 2. There must be evidence that the pretense of the accused that he possesses power / influence is false

FRATERNAL ORDER OF UTOPIA G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315) 1. That the offender postdated a check, or issued a check in payment of an obligation. 2. That such postdatig 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. Notes: 1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31) 2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. 3. No funds in the bank or his funds are not sufficient 4. If check was issued in payment of pre-existing debt no estafa 5. Offender must be able to obtain something from the offended party by means of the check he issues and delivers 6. If postdating a check issued as mere guarantee/promissory note no estafa H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22 1. That a person makes or draws and issues any check. 2. That the check is made or drawn and issued to apply on account or for value. 3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment. Note: Failure to make goods within 5 banking days prima facie E of knowledge of lack and insufficiency) I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22 1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. 2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. 3. That the check is dishonored by the drawee bank. Note: Failure to make goods within 5 banking days prima facie evididence of knowledge of lack and insufficiency J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC. K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315) 1. That the offender induced the offended party to sign a document. 2. That deceit be employed to make him sign the document. 3. That the offended party personally signed the document. 4. That prejudice be caused. Note: If offended party willingly signed the document and there was deceit as to the character or contents of the document falsification; but where the accused made representation to mislead the complainants as to the character of the documents - estafa L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315)

FRATERNAL ORDER OF UTOPIA 1. 2. 3. That there be court records, office files, documents or any other papers. That the offender removed, concealed or destroyed any of them. That the offender had intent to defraud another.

Note: No intent to defraud destroying or removal = malicious mischief M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa) THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST IN THE FF.: 1. The offender party being deprived of his money or property, as a result of the defraudation. 2. Disturbance in property right or 3. Temporary prejudice. N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: (316) 1. That the thing be immovable, such as a parcel of land or a building. 2. That the offender who is not the owner of said property represented that he is the owner thereof. 3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property). 4. That the act be made to the prejudice of the owner or a third person. ESTAFA Private individual was entrusted Intent to defraud INFIDELITY IN THE CUSTODY OF DOCUMENTS Public officer entrusted No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316) 1. that the thing disposed of be real property. 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance. 4. That the act of disposing of the real property be made to the damage of another. P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316) 1. That the offender is the owner of personal property. 2. That said personal property is in the lawful possession of another. 3. That the offender wrongfully takes it from its lawful possessor. 4. That prejudice is thereby caused to the possessor or third person. Q. ELEMENTS OF SWINDLING (PART. 6) BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION ASSURETY: (316) 1. That the offender is a surety in a bond given in a criminal or civil action. 2. That he guaranteed the fulfillment of such obligation with his real property or properties. 3. That he sels, mortgages, or, in any other manner encumbers said real property. 4. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him. R. ELEMENTS OF SWINDLING A MINOR: (317) 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor.

FRATERNAL ORDER OF UTOPIA 2. 3. 4. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right. That the consideration is (a) some loan of money (b) credit or (c) other personal property. That the transaction is to the detriment of such minor.

S. ELEMENTS OF OTHER DECEITS: (318) 1. not mentioned above; 2. interpretation of dreams, forecast, future-telling for profit or gain. VII. CHATTEL MORTGAGE A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319) 1. That personal property is already pledged under the terms of the chattel mortgage law. 2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. 3. That 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. B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319) 1. that personal property is mortgaged under the chattel mortage law. 2. That the offender knows that such property is so mortaged. 3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. 4. that the removal is permanent. 5. That there is no written consent of the mortgagee or his executors, administration or assigns to such removal.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art 320 A. 1. 2. 3. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES That an uninhabited hut, storehouse, barn, shed or any other property is burned That the value of the property burned does not exceed 25 pesos That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading

B. ELEMENTS OF CRIME INVOLVING DESTRUCTION 1. That the offender causes destruction of the property 2. That the destruction was done by means of: a. explosion b. discharge of electric current c. inundation d. sinking or stranding of a vessel e. damaging the engine of the vessel f. taking up rails from the railway track g. destroying telegraph wires and posts or those of any other system h. other similar effective means of destruction C. ELEMENTS OF BURNING ONES PROPERTY AS A MEANS TO COMMIT ARSON

FRATERNAL ORDER OF UTOPIA 1. 2. 3. That the offender set fire to or destroyed his own property That the purpose of the offender in doing so was to commit arson or to cause a great destruction That the property belonging to another was burned or destroyed

D. ELEMENTS OF ARSON 1. That the property burned is the exclusive property of the offender 2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place IX. MALICIOUS MISCHIEF A. ELEMENTS OF MALICIOUS MISCHIEF: (326) 1. That the offender deliberately caused damage to the property of another. 2. That such act does not constitute arson or other crimes involving destruction. 3. That the act damaging anothers property be committed merely for the sake of damaging it. Notes: 1. Malicious mischief willful damagin of anothers property for the sake of causing damage due to hate, revenge or other evil motive 2. No negligence 3. Example. Killing the cow as revenge 4. If no malice only civil liability 5. Damage is also diminution in value 6. But after damaging the thing, he used it = theft 7. Damage is not incident of a crime (breaking windows in robbery) B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328) 1. Obstruct performance of public functions. 2. Using poisonous or conosive substances. 3. Spreading infection or contagious among cattle. 4. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public. Note: Qualified malicious mischief no uprising or sedition (#1) C. ELEMENTS OF OTHER MISCHIEF: (329) 1. Not included in 328 a. scatter human excrement b. killing of cow as an act of revenge D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330) Notes; 1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways 2. remove rails from tracks is destruction (art 324) 3. not applicable when telegraph/phone lines dont pertain to railways (example: for transmission of electric power/light) 4. people killed as a result: a. murder if derailment is means of intent to kill b. none art 48 5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident a higher penalty shall be imposed

FRATERNAL ORDER OF UTOPIA

E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS: (331) F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332) Persons exempt from criminal liability 1. Spouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together The exemptions under this article shall not apply to strangers participating in the commission of the crime. Offenses involved in the exemption 1. Theft 2. Swindling 3. Malicious mischief Notes: 1. Exemption is based on family relations 2. Parties to the crime not related to the offended party still remains criminally liable 3. Persons exempt include: a. stepfather/mother (ascendants by affinity) b. adopted children (descendants) c. concubine/paramour (spouse) d. common law spouse (propert is part of their earnings)

TITLE ELEVEN CRIMES AGAINST CHASTITY A. ELEMENTS OF ADULTERY: (333) 1. That the woman is married (even if marriage subsequently declared void) 2. That she has sexual intercourse with a man not her husband. 3. That as regards the man with whom she has sexual intercourses, he must know her to be married. Notes: 1. mitigated if wife was abandoned w/o justification by the offended spouse (man is not entitled to this mitigating circumstance) 2. attempted: caught disrobing a lover Distinguished from concubinage: 1. Concubinage is committed in 3 ways under Art. 334; adultery in only one way. 2. Concubinage is essentially a continuing crime, so a plurality of acts committed over a period of time only constitutes one offense of concubinage; adultery is not a continuing crime and hence every act of intercourse is an offense. B. ELEMENTS OF CONCUBINAGE: (334) 1. That the man must be married. 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling.

FRATERNAL ORDER OF UTOPIA b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. c. Cohabiting with her in any other place. That as regards the woman she must know him to be married.

3.

Note: Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbors spiritual damage and ruin Sexual intercourse need not actualluy be proven here but illicit relations where they support to be husband and wife and which causes scandal. The sexual intercourse is inferred from the series of acts as husband and wife. C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336) 1. That the offender commits any act of lasciviousness or lewdness. 2. That it is done under any of the following circumstances: a. by using force or intimidation, or b. when the offended party is deprived of reason or otherwise unconscious, or c. when the offended party is under 12 years of age. 3. That the offended party is another person of either sex. D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337) 2 classes of qualified seduction 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) Elements: 1. That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.) 2. That she must be over 12 and under 18 years of age. 3. That the offender has sexual intercourse with her. 4. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant) Persons liable: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted w/ the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant

3.

E. ELEMENTS OF SIMPLE SEDUCTION: (338) 1. That the offender party is over 12 and under 18 years of age. 2. That she must be of good reputation, single or widow. 3. That the offender has sexual intercourse with her. 4. That it is committed by means of deceit.

FRATERNAL ORDER OF UTOPIA In Re: Simple Seduction Deceit is essential in the Crime of Simple Seduction Seduction is the act or crime of persuading a female, by flattery or deception to surrender her chastity. The corrupting, deceiving and drawing aside from the path of virtue which she was pursuing of a virtuous woman, by such acts and wiles, in connection with a promise of marriage. It has been further described as the wrong of inducing a female to unlawful sexual intercourse by enticements and persuasions overcoming her reluctance and scruples. There must be reluctance on the part of the woman, which reluctance has been overcome by means of enticements and or persuasions which must be tantamount to deceit. Seduction may occur whether the woman is conscious or not. Mere illicit intercourse with the promise of marriage is not seduction, there muse be some promise, deception, art or influence of the seducer whereby chastity is surrendered. Force is not an element of seduction although it was used after consent was obtained. Chastity means actual personal virtue and not reputation and requires specific acts of lewdness for impeachment. Previous chastity is presumed. The woman must be chaste at the time of seduction, and a reasonable doubt as to such fact is fatal to a recovery. Chastity must be affirmatively shown where the statute requires that the person seduced be of good repute. And although the woman may have fallen, if she repent and reform, she is the object of seduction. The indictment should allege the essential elements of seduction as defined by statute otherwise it may fall. The statutes generally require that the evidence of the complainant be corroborated. - Under American law, the woman must have never had illicit intercourse with a man and who is chaste and pure. - The authorities are unanimous that prior absolute chastity on the part of the woman is an essential element of the crime of seduction, especially so when made a requisite by the express words of the statute. - The Statute making seduction a crime is not to punish illicit intercourse but to punish the seducer who by means of the promise of a marriage destroys the chastity of an unmarried female of previous chaste character. - An essential element of seduction is that the woman must be chaste not only by reputation, but as a fact up to the time of seduction. - There must be sufficient promise or inducement. Promise of Marriage - If a chaste woman is undone under a promise of marriage, it will be no defense for the man to show that he made the promise in good faith. - A promise of marriage by a married man when the woman knew he was married before she surrenders herself cannot be said to have induced her to do so.

FRATERNAL ORDER OF UTOPIA The offense in not complete with intercourse, the woman must have been corrupted, deceived and drawn aside form the path of virtue. There is no seduction when a man makes a woman a plain business offer to marry her if she permits him to have sexual intercourse with her and she submits to the faith of such promise. A promise of marriage by an unmarried man to an unmarried woman willfully disregarded constitute deceit. The promise must be before the sexual intercourse, it is not essential that it be repeated during intercourse. A promise of marriage in order to constitute that deceit which leads to the consummation of the crime of seduction, requires no solemnity whatsoever, nor any formality except in making it in such a manner where it may reasonably believed.

Simple Seduction: The seduction of a woman who is single or a widow of good reputation over 12 but under 18. Note: common form is unconditional promise to marry F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339) 1. that the offender commits acts of lasciviousness or lewdness. 2. That the acts are committed upon a woman whi is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. G. ELEMENTS OF CORRUPTION OF MINORS: (340) Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another H. ELEMENTS OF WHITE SLAVE TRADE: (341) Acts penalized 1. Engaging in the business of prostitution 2. Profiting by prostitution 3. Enlisting the servicxe of women for the purpose of prostitution I. ELEMENTS OF FORCIBLE ABDUCTION: (342) 1. That the person abducted is any woman, regardless of her age, civil status, or reputation. 2. That the abduction is against her will. 3. That the abduction is with lewd designs. Note: Sexual intercourse is NOT necessary Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction In Re: Multiple Forcible Abduction with Rape The Crime of Forcible Abduction with Rape: The abduction of any woman against her will and with lewd designs. In forcible abduction with rape the age and character of the woman are not material. Virginity and good reputation is not material. Both Crimes may be committed with force or violence. An accused cannot be legally convicted of forcible abduction under an information charging consented abduction.

FRATERNAL ORDER OF UTOPIA Actual illicit relations with the woman need not be established. The mere intent to seduce is sufficient, The led designs may be inferred from the acts. When committed by two or more persons, the penalty shall be reclusion perpetua to death. Forcible abduction with rape committed by two or more persons on the same occasion, with rape as the more serious crime, the penalty shall be imposed in the maximum period in accordance with Article 48 of the RPC. Effects of the Commission of the crime attended by Aggravating Circumstances: - the general rule is that once conspiracy has been established, all persons who participated in the crime are liable as co-principals. All those who coordinated in a rape, in an organized band are guilty for each and all violations. - Each is guilty of the rape that he committed and those committed by his co-defendants. Application of penalties also to other participants of the crime even of they have not committed rape. - if in the commission of the robbery, one commits rape while the other stands guard, he is still liable for the rape that was committed. - The rule does not apply where it is shown that he never encouraged or took part directly or indirectly in the acts complained of, although he was present with the others. As many death penalties as there are offenses committed. If there is no allegation under which each accused shall be guilty as principal of one rape, by direct participation, and another by cooperation, multiple application of penalties for each accused does not apply. Rape is consummated when: rupture of hymen not necessary, complete penetration not necessary, entry of the labia is sufficient. Semen found in the organ of the victim is not conclusive evidence of penetration. No Rape when sexual intercourse was induced by the chemistry and electricity of mutual attraction and desire. Rape is committed by having carnal knowledge of a woman under any of the following circumstances: a, by force or intimidation b. when the woman is deprived of reason or otherwise unconscious. c. when the woman is under 12 years of age, even though neither circumstances mentione din the two next preceeding paragraphs are present. Qualifying circumstances: a. b. that a deadly weapon is used that 2 or more persons commit it.

Aggravating circumstances: a. relationship b. superior strength c. Abuse of Confidence d. Use of Public Position e. Nocturnity f. Dwelling Complainant testimony must be credible; rarely any witness. Rape is not presumed.

FRATERNAL ORDER OF UTOPIA Proof against the accused must survive the test of reason. Art. 344 of the RPC Prosecution of the crimes of adultery, Concubinage, seduction, abduction, rape and acts of lasciviousness shall not be prosecuted except upon complaint filed by the offended spouse. - the offended party cannot institute criminal proceeding without naming both parties if they are both alive, or if he has pardoned them. - Seduction, abduction, rape, acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party, or her parents, grandparents and guardians. - Seduction, abduction, rape, acts of lasciviousness: marriage shall extinguish criminal action. Debatable Aspects of the Crime of Rape Unexplored areas: 1. As to the cause of the deprivation of the woman- victims reason or conciousness. In the cases under annotation, there was proof of mental retardation of the victim, but the decisions are silent on whether the accused were fully aware of such condition of the victim. There was a void in the evidence to hold them liable under par. 2 of the provision on rape. As to the statutory offense the sexual congress of a 27 year old retard with the comprehension of a 7 year old child is rape because the crime is deemed to be akin to statutory rape. However, when the age was fixed at 12 years old, the consideration used by the legislature was the biological capacity of the woman to bear a child. Mental retardation does not preclude valid sexual judgment.

2. -

J. ELEMENTS OF CONSENTED ABDUCTION: (343) 1. That the offended party must be a virgin. 2. That she must be over 12 and under 18 years of age. 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4. That the taking away of the offended party must be with lewd designs. Illicit iuntercourse is not necessary to prove lewd designs and intent to release a sufficient in consented abduction; in simple seduction, there is intercourse as a result. When a woman left her house willingly, she submits to the accused because of a promise of marriage, consented abduction is committed and the lesser consented abduction with rape is committed. In Re: Virginity and Lewd Designs in Consented Abduction Abduction Forcibly taking a mans wife, child, or ward. The unlawful taking or detention of any female for purposes of marriage, Concubinage or prostitution. The offense is complete when there is criminal intent at the time of taking away, though there may be subsequent purpose to marry. Ignorance of girls age is no defense. Purpose of the law in punishing offenders: the purpose of the law is not to punish the wrong done to the girl, provided that she consents thereto, but to prescribe punishment for the disgrace to her family and the alarm caused therein by the disappearance of one who is by her age and sex, susceptible to cajolery and deceit.

FRATERNAL ORDER OF UTOPIA The virginity to which Art. 343 of the RPC refers is not to be understood in so material a sense as to exclude the idea of abduction of a virtuous woman of good reputation. In order to demonstrate the presence of lewd designs illicit criminal relations with the person abducted need not be shown. The intent to seduce is sufficient. The evil purpose need not be established by positive evidence but may be inferred from acts or conduct proved. The presence of lewd designs is here revealed by the actions of the accused. J. 1. 2. PROSECUTION OF OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344) Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse Seduction, and, rape or acts of lasciviousness must be prosecuted upon complaint signed by: a. offended party b. by her parents c. grandparents d. guardians in the order in which they are named above

Note: Marriage of the offender w/ the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape L. CIVIL LIABILITY OF PERSONS GUILTY OF RAPE, SEDUCTION OR ABDUCTION (345) 1. To idemnify the offended women 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OP WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346) 1. The ascendants, guardians, creators, teachers and any person who, by abuse of authority or confidential relationship, shall cooperate as accomplices in the perpetration of crimes of (rape, acts of lasciviousness, seduction, corruption of minors, white slave trade and abduction) shall be punished as principals. TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347) Acts punished 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth 1. Child is baptized or registered in the Registry of birth as hers 2. Child loses its real status and acquiires a new one 3. Actors purpose was to cause the loss of any trace as to the childs true filiation

FRATERNAL ORDER OF UTOPIA B. USURPATION OF CIVIL STATUS: (348) Notes: 1. Committed by a person who represent himself as another and assumes the filiation or rights pertaining to such person 2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto 3. Committed by asuming the filiation, or the parental or conjugal rights of another 4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs C. ELEMENTS OF BIGAMY: (349) 1. That the offender has been legally married. 2. 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 civil code. 3. That he contracts a second or subsequent marriage. 4. That the second or subsequent marriage has all the essential requisites for validity. Notes 1. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party 2. A simulated marriage is not marriage at all and can be used as a defense for bigamy 3. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage 4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence 5. A judicial declaration of the nullity of a marriage void ab initio is now required 6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses 7. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350) 1. That the offender contracted marriage. 2. That he knew at the time that a. the requirement of the law were not complied with, or b. The marriage was in disregard of a legal impediment. Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud E. ELEMENTS OF PREMATURE MARRIAGE: (351) Acts punished 1. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death 2. A woman whose marriage having been dissolved or annulled, married before her delivery or w/in 301 days after the legal separation F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352) Acts punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities TITLE THIRTEEN CRIMES AGAINST HONOR

FRATERNAL ORDER OF UTOPIA A. ELEMENTS OF LIBEL DEFAMATION: (353) 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. 2. That the imputation must be made publicly. 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Notes: 1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead 2. Kinds of malice: (a) malice in law; (b) malice in fact 3. Malice is presumed to exist in injurious publications - the presumption may be overcome through: a. to prove not that the publication is true, but that it was published with good motives and for justifiable ends. b. Privilege destroys presumption, The onus of proving malice is then on the plaintiff. 4. 5. 6. Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified There are as many crimes as there are persons defamed

B. REQUIREMENT OF PUBLICITY: (354) Kinds of privileged communication a. Absolutely privileged not actionable even if the actor has acted in bad faith b. Qualifiedly privileged those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown Exception: a. private communication in performance of legal, moral or social duty Requisites 1. that 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 2. that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter 3. that the statements in the communication are made in good faith without malice in fact b. fair and true report, made in good faith, without any comments and remarks Requisites 1. that the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer 2. that it is made in good faith 3. that it is made without any comments or remarks

In Re: Privileged Communication of the Press as a Defense in the Charge of Libel Criticisms of Public Officials Against Defamation Suits: New York Times v. Sullivan, There must be actual malice: knowledge that it was false or with reckless disregard of whether it was false or not.

FRATERNAL ORDER OF UTOPIA The Public Figure Doctrine: The doctrine reduced the right to privacy. The defamation of a public figure must be given a higher standard than that of a private figure. The Doctrine of Public or General Concern: The rights of the press require special protection and tolerance. if the publication about them (public figure/ public official) was in an area of legitimate public interest, they may prove deliberate and reckless error. The Rule on Fact and Opinion: Abandoned the General Concern Doctrine. The court recognized that public figures and public officials have more opportunities to use the media to rebut defamation. Private individuals are more vulnerable to injury. - Gertz case: the statements of opinion might be exempt from defamation suits. But libel suits may be permitted if opinions contain or imply false and defamatory facts. - Writers can be the basis of a libel suit if the writer makes a material change in the meaning of someones statement. - 1985 Public Concern Doctrine was revived. Philippine Libel Laws: A. Libel laws and Cases in the Philippines Art. 353 of the RPC. 4 elements: a. Defamatory imputation which causes dishonor or discredit. b. Malice; whether in law or in fact. c. Publication d. The victim must be indentifiable. the publication need not refer to the name of the offended party, it can be shown by the testimony of friends of the offended party or persons who knew the parties of the circumstances against whom the libelous publication is aimed at. It is not enough that the offended party saw himself as the person attacked, a third person must be able to identify him. As pointed out by descriptions or references or extraneous circumstances. The defamatory remarks issued at a group in a general language is not actionable by individual members of the group.

B. The defense of Privileged Communication Under Art. 353, every defamatory imputation is presumed to be malicious, that is malice in law, this presumption will be overcome of the communication is privileged as provided under Art 354.

C. Two Classes of Privileged Communication Two Classes of Privileged Communication: a. Absolute- one which , by reason of the occasion on which it is made, no remedy is provided for the damages in a civil action for slander and libel. - the existence of malice does not destroy does not destroy the privilege. -ex. parliamentary immunity, official communications made by public officers in the performance of their duties.

FRATERNAL ORDER OF UTOPIA b. Qualified- relates more to private interests and comprehends communication made in good faith, without actual malice, with reasonable and probable grounds for believing them to be true. In which the author of the communication has an interest, or in respect to which he has a duty, public, personal, private either, political, legal, moral or social. - there are only two kinds: Those mentioned in article 354.

Instances of Privileged Communications in Judicial Proceedings - Utterances made in the course of judicial proceedings including all kinds of pleadings, petitions and motions belong to the class of communications that are absolutely privileged. - Generally accepted rule that counsel and parties are exempted in liability for libel or slander of words made published in judicial proceedings provided that the matter is related to the inquiry in the proceeding.. - The General Principle is that every defamatory imputation is presumed to be malicious even if it is true, in the absence of good intention and justifiable motive. Privileged Private Communication - A private communication made by any person to another, in good faith, in the performance of any duty, whether legal, moral or social solely on the fair and reasonable purpose of protecting the interests of the persons making the communication or the interest of the person to whom the communication is made, is also a privileged communication and the person making the same is no guilty of libel. - A privileged communication is presumed to be sent without malice. Fair and rue Report of Official Proceedings - A fair and true report, made in good faith, without any comments or remarks of any judicial or legislative proceedings which are not confidential in nature, or of any statement report or speech delivered in such proceeding or any acts performed by public officers in the exercise of their functions is deemed privileged and not punishable. - This is not absolute. The publisher may still be liable if he is prompted by express malice. D. Rationale of the Doctrine of Qualified Privileged - The reason for privileged communication is on the ground of public policy, the welfare of society and orderly administration of of the government which demanded protection from public opinion. E. Criticisms of Acts of Public Officers. U.S. v. Contreras: the court ruled that men have the right to attack, rightly or wrongly, the policy of a public official with every argument that ability could find or ingenuity invent to show that such policy could be injurous to the individual and society. But this should not be done through false accusations against the public officer.

F. Publication Involving Security of State. - interest of state is broad and extensive. It is not limited to the security of the state. C. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355) Note: Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means D. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356) Note: Clearly, just a case of blackmail E. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357)

FRATERNAL ORDER OF UTOPIA 1. 2. 3. That the offender is a reporter, editor or manager of a newspaper, daily or magazine. That he publishes facts connected with the private life of another. That such facts are offensive to the honor, virtue and reputation of said person.

Note: Even though made in connection w/ or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned F. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358) 2 Kinds 1. grave insult or defamation defamation of a serious and insulting nature (Grave slander) 2. light insult or defamation nort serious in nature (simple slander) ELEMENTS OF SLANDER BY DEED: (359) 1. That the offender performs any act not included in any other crime against honor. 2. That such act is performed in the presence of other person or persons. 3. That such act casts dishonor, discredit or contempt upon the offended party. ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) 1. That the offender performs an act. 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. 3. That such act does not constitute perjury. ELEMENTS OF INTRIGUIRING HONOR: (364) It 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. Distinguished from incriminating innocent person: In incriminating an innocent person, the offender performs an act by which he ELEMENTS OF RECKLESS IMPRUDENCE: (365) 1. That the offender does or fails to do an act. 2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material damage results. 5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration a. his employment or occupation b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place. ELEMENTS OF SIMPLE IMPRUDENCE: (365) 1. That there is lack of precaution on the part of the offender. 2. That the damage impending to be caused in not immediate or the danger is not clearly manifest.