Criminal Law

Bar 2011 Notes

Roland Glenn T. Tuazon

FUNDAMENTAL PRINCIPLES AND FELONIES

Ateneo de Manila University

Preliminary

TABLE OF CONTENTS:
1. FUNDAMENTAL PRINCIPLES AND FELONIES
2. CIRCUMSTANCES AFFECTING LIABILITY
3. PERSONS CRIMINALLY LIABLE
4. PENALTIES
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
6. AGAINST NATIONAL SECURITY
7. AGAINST FUNDAMENTAL LAWS OF THE STATE
8. AGAINST PUBLIC ORDER
9. AGAINST PUBLIC INTEREST
10. RELATIVE TO OPIUM AND OTHER DRUGS
11. AGAINST PUBLIC MORALS
12. COMMITTED BY PUBLIC OFFICERS
13. AGAINST PERSONS
14. AGAINST PERSONAL LIBERTY AND SECURITY
15. AGAINST PROPERTY
16. AGAINST CHASTITY
17. AGAINST CIVIL STATUS
18. AGAINST HONOR
19. CRIMINAL NEGLIGENCE

ANNEX I: CIVIL INDEMNITY RATES

What is the nature of felonies?

o All felonies in RPC are public wrongs, as
distinguished from private wrongs, the latter of
which is just a breach of duty or contract of two
private parties.
o Although the State has power to prosecute
persons for private crimes, the law gives the
victim the privilege of not instituting actions for
private crimes: adultery, seduction, abduction,
etc. There must be a complaint initiated by the
offended party.
Ratio: to protect the latter from shame
and humiliation.
Rape is no longer a private crime. (Art.
344 of RPC) it is now a crime against
persons.
Under RA 8353, the marriage of the
offender and the offended party will
extinguish criminal liability of the
accused.
Can there be common law crimes in the
Philippines?
o No. There are no common law crimes in the
Philippines. Nullum crime nulla poena sine
lege.
What are the sources of criminal law?

o RPC, SPL, municipal ordinances.

What about administrative regulations?
May
these partake of nature of criminal law?
o YES.
o Requisites:
1) Violation of admin regulation must be
made a crime by the delegating statute
2) Penalty for violation must be provided
by the statute itself.
Are judicial decisions by the SC penal laws?
o No.
o Article 8 of NCC: judicial decisions interpreting
the Constitution form part of the legal system of
the Philippines. But decisions of the SC
interpreting criminal statutes are not penal laws
per se they are merely interpretative.
What are examples of laws in Philippine criminal
law that follow the positivist theory?
o 1. ISL
The ISL was approved to uplift and
improve human life. Not focused on the
person as a criminal, but the law takes
into account economic usefulness of
offender
and
excessiveness
of
deprivation of liberty.
o 2. Habitual delinquency law
o The State is concerned not just with protective
social order against criminal acts, but also

redeeming the individual for social ends. Not

just retribution, but reformation.
What is the principle of generality?
o Art 14 of the NCC: Penal laws apply to all
those who live or sojourn in the Philippines,
subject to international law or treaty
stipulations.
o How does international law become
domestic law, under the 1987 Constitution?
Transformation requires that the I-law
be transformed into domestic law; ex.
local legislation
Incorporation international law is part
of the law of the land.
Immunities from criminal prosecution by certain
individuals:
o 1. Covered by the VCDR or exempted by
treaties/laws or preferential application
Principle is par in parem non habet
imperium suing them is tantamount to
suing the State they represent
Who are the diplomats covered?
Classified into four:
A) ambassadors, ambassadors
extraordinary
B)
ministers
and
papal
internuncios
C) ministers-residents
D) charges-de-affaires

This principle is inviolable; they are not

subject to local penal laws. They are
immune from arrest and prosecution for
violation for local laws.
But one may be temporarily restrained if
he commits acts that threaten public
order. The State may simply request for
recall of the diplomat he will still not be
prosecuted locally.
X is a citizen of Iran, but is also an
honorary consul. He was caught in
possession of drugs. Is he exempt
from prosecution?
No. A consul is not exempt from
criminal prosecution for violation
of the penal laws of a country
where he is assigned to. He is
not entitled to any immunity or
diplomatic privileges under the
VCDR. The nature of the job of
consuls, vice-consuls, or consulsgeneral is commercial in nature.
Exception: when there is an
agreement
between
the
Philippines and the sending
country. But the exemption is not
based on the nature of his
position.

Except: immunity does not cover suits

in personal and private capacity as an
ordinary citizen
Liang: The RP and ADB entered
into an agreement under which
officers and staff members enjoy
immunity from legal processes
and prosecution, with respect to
acts performed in their official
capacity, except when the bank
waives the immunity.
In this
case, the ADB officer committed
grave oral defamation, which is
ultra vires. He is not immune.
This is not covered by immunity
because he was not performing
his duty.
o 2. RA 7055 Members of the AFP and officers
charged with service-connected offenses
Who are officers and members of the
AFP?
Article 1: members of AFP, those
subject to military law, members
of the Citizens Armed Forces
Geographical Units (CAFGU)
What is the general rule?
Civilian courts have jurisdiction
over crimes committed by
members of the AFP.
3

EXCEPTION: service-connected
offenses (provided in RA 7055)
fall under courts-martial
Civilian court determines before
arraignment whether the crime is
service-connected
Is it
possible for a serviceconnected crime to be tried by
civilian courts?
YES.
The President, before
arraignment, in the interest of
justice, may refer the crime to a
civilian court as long as it is
covered by the RPC or any other
SPL.
What about Members of the PNP?
They are covered by RA 6975.
Civilian courts have jurisdiction
over them because the PNP is
civilian in character.
o 3. Immunity under law/transactional immunity
Transactional immunity is statutory
immunity from criminal prosecution as
granted by law
Omnibus Election Code one who
reports to the COMELEC any incident of
vote buying or vote selling, and he
testifies for prosecution: he is entitled to

immunity, even if he took part in such

crime. Sec 261 of OEC.
P.D. 749 immunity granted to those
furnishing information re: violation of
bribery, indirect bribery, corruption of
public officers

Art. 2: territoriality principle

What is covered by the territory of the

Philippines?
o Phil. archipelago, atmosphere, interior waters,
maritime zone
UNCLOS
o Territorial sea is up until 12 nautical miles
o Contiguous zone: up until 24 nautical miles
States may exercise control even within
this area to prevent and punish
infringement of customs, immigration,
fiscal, sanitary laws within territory or
territorial seas
What are the exceptions to the territoriality rule of
criminal law?
o 1. Commission of an offense in a Philippine
ship or airship
But technically this is not an exception,
because Philippine ships or airships are
part of Philippine territory
Nationality of the ship depends on its
registration

o 2. Forging or counterfeiting Philippine coins or

notes or government securities
o 3. Introduction into the Philippines of the
forged/counterfeited
notes,
coins,
or
government securities
Rationale for #2 and #3: to protect
economic security of the Philippines
o 4. Public officers and employees who commit
an offense in the exercise of their duties
o 5. Commission of any of the crimes against
national security and the law of nations
i.e. treason, espionage, provoking or
disloyalty during war, piracy, mutiny
Purpose of penal laws involving national
security is to protect the domestic order
and crimes against national and
economic security of the Philippines.
The law is designed to protect not only
the national and economic security of
the country, and should reach beyond
the boundaries of the Philippines,
wherever they may be found.
Differentiate the English from the French rule:
o English (territorial) the territorial State has
jurisdiction, except when it merely concerns
internal management of the vessel.
o French (flag) the flag of registration has
offense, as long as it does not disturb the
peace.

There was an English vessel in Phil. territory, not

in transit. Accused was smoking opium on the
ship.
o HELD: Convicted.
The SC followed the
English rule, because he was smoking within
Phil. territory. This had pernicious effect on
Phil. territory (disturbs the peace) so it was
not a matter of mere internal management of
the vessel.
A person in a Philippine ship in Vietnamese
waters got drunk and shot three people. He was
not prosecuted in Vietnam. Can the Philippines
prosecute him?
o Yes, the Philippines may exercise jurisdiction.
Although following the English rule, which we
adhere to, it must be Vietnam that exercises
jurisdiction, since Vietnam did not exercise
jurisdiction, there is nothing preventing the
Philippines from deviating from English rule.
o Rule: the territorial State has priority. If it fails
to do so, the Philippines may act under Art. 2.
In the D.D.A., mere attempt to transport marijuana
is a crime. Can Philippine officials board the
vessel to prosecute those on board?
o General rule: the ship cannot be boarded. But
the UNCLOS said that the criminal law of a
State may not be enforced on board the vessel
to prosecute individuals, except if measures
are necessary to suppress illegal traffic of

narcotic drugs in a commercial vessel that

passes by the territorial sea.
What is the nature of the high seas?
o Free for all.
o Is it possible that a crime was committed
beyond the territorial sea, but yet, when the
vessel enters Phil. territorial sea, can it be
prosecuted?
Yes, if it is a continuing crime.
o Can Philippines legislate on crimes
applying to the high seas?
Yes, for instance, P.D. 532 Piracy.
o Pirates wanted to unload the oil from a
vessel. They boarded the ship within Phil.
Waters, which went to Singapore, and
unloaded the oil to another vessel in the
high seas. Can they be prosecuted here?
Yes, they can be prosecuted for piracy
even if the crime was committed in
Singapore, because the crime began in
the Philippines.
It continued to
Singapore.

Art. 3: felonies

What are the two components of felonies by dolo?

o 1. Act and omission punishable by law
(physical act)
o 2. Mens rea (intent)

For felonies by dolo, one is not

criminally liable if there is no criminal
intent.
What about culpa?
o Not intent, but negligence, imprudence, lack of
foresight, or lack of skill
May someone be held criminally liable for crimes
of omission?
o YES. The following must concur:
1. There is a positive duty provided by
law
2. Accused acted voluntarily to not do a
positive duty
3. Criminal intent in refusing to do it
o Examples: misprision of treason, prevaricacion
(Art. 208 of RPC), fraud on treasury
What is mistake of fact and its implications?
o Recall: People v. Achong.
o If there is mistake of fact, then there is no
criminal intent. One is not culpable for dolo.
o The one invoking it must act with good faith.
o If he acts with negligence, such as when he is
negligent in ascertaining the true state of facts,
he may be liable for felony by culpa.
o Not a valid defense for felony by culpa or by
SPL.
What is abberatio ictus and what are its
implications?

o This is mistake in the victim of the blow. There

is still criminal liability, which is generally
increased (because it either becomes a
complex crime or two separate crimes
against the intended and the real victim).
o Can treachery apply to abberatio ictus?
Yes, because if the accused fired at his
intended target but missed, the victims
are helpless to defend themselves.
What is error in personae and its implications?
o This is mistake in the identity. It may or may
not lower criminal liability depending on the
crime committed and if the intended crime is of
equal or different gravity.
o Ex. X intended to kill Y, but instead killed his
father, Z by mistake. Instead of homicide, it
became parricide. In this case, Art. 49 will
govern: error in personae becomes mitigating
(apply maximum period of homicide as
penalty).
What is praeter intentionem and its implications?
o The accused did not intend to commit so grave
a wrong as that committed. This is a mitigating
circumstance under Art. 13.
o But if the means used to commit the desired
crime would also logically and naturally bring
about the actual felony, praeter intentionem
does not apply.

Circumstance

Common
implication

Mistake of fact

Not culpable

Abberatio ictus

Complex crime

Error in personae

No change; or maximum
period of the lesser offense

Praeter intentionem

Mitigating

or

usual

What is the rule on specific intent felonies?

o In specific intent felonies, the prosecution must
prove beyond reasonable doubt the specific
intent. But sometimes, specific intent may be
presumed.
Ex. intent to kill must be proved. One
can presume this, for instance, from the
mere fact that the victim died from a
deliberate act. But for attempted or
frustrated homicide, intent to kill is not
presumed and must be proved.
Ex. intent to gain in theft. One is found
in possession of recently stolen property
there is a presumption.
o Criminal intent can be presumed from the
commission of a delictual act.
Must motive be proved for dolo?
o Not in general. Motive is not an essential
element of crime. But there are instances

o Does mistake in the identity of the victim

constitute reckless imprudence?
No. Mistake in identity is not culpa.
Ex. Policemen were trying to arrest an
escapee, and they saw a man sleeping.
They thought the man was the escapee.
HELD: The felony was dolo, not culpa,
because the killing was deliberate.
o May there be a crime of frustrated homicide
through reckless imprudence?
No. Frustrated homicide requires intent
to kill.
This is incompatible with
recklessness,
negligence,
or
imprudence.
o Can there be conspiracy resulting from
negligence?
There can be no conspiracy resulting
from negligence, because conspiracy is
the product of deliberate agreement
evincing intent.
o If the information charges an intentional
felony but what is proved is culpable
felony, can the accused be convicted?
Yes, because the greater includes the
lesser offense
o Can more than one person be liable for
killing the same person, one by dolo and
one by culpa?
Yes.

where motive is a prerequisite to conviction of

accused.
Political
crimes
If
the
crime
committed, for instance murder, is in
pursuance of political motive in rebellion
or coup detat, it is absorbed by the
crime.
Death by exceptional circumstances
killed wife and paramour who were
having sexual intercourse.
Not
criminally liable for homicide, if motive is
to avenge dishonor. But if he killed the
wife for some other motive, and not due
to exceptional circumstances, then he is
criminally liable.
o Motive, however, is useful when there is doubt
whether the accused committed the crime or
as regards the identity of the accused
When is criminal intent not needed to commit a
crime?
o 1. Culpa
o 2. Crimes malum prohibitum
Is reckless imprudence under 365 a felony under
Art. 3?
o Yes. It is a quasi-offense.
o Note the difference: Under Art. 3, culpa is
mode of committing a crime, while in Art. 365,
culpa itself is the crime punished, thus it is a
felony.
8

3 people went to carnival.

X was
mentally challenged. Y poured gasoline
on X. Z lit a match and burned X.
HELD: Y who poured gasoline was
liable for reckless imprudence resulting
in homicide. He should have anticipated
that after pouring gasoline, someone
could light a match lack of foresight. Z
is liable for felony by dolo deliberate
act. (P v. Pugay)
Are crimes punishable by SPLs automatically
crimes malum prohibitum?
o Not all. Some can be malum in se.
o A. Plunder is malum in se, for three reasons:
1. Although defined by SPL, it is malum
in se because the crimes constitutive of
plunder are mala in se. Under the law,
mitigating
and
extenuating
circumstances are applicable to plunder.
2. The predicate crimes are punishable
by RP to death.
3. Plunder is inherently immoral and
wrong.
o B. Sec. 27B of the Omnibus election code: a
member of the BEI who tampers with election
results.
The crime is malum in se, although the
crime is defined by SPL. It is inherently

immoral and wrong to tamper with

election results.
Give examples of SPLs that are malum
prohibitum:
o A. Possession of unlicensed firearm.
But mere transient possession in RA
8294 is not a crime: there must be intent
to possess, not mere possession.
Can the use of unlicensed firearm be
an aggravating circumstance?
Yes. RA 8294 provides that it is
an aggravating circumstance.
o B. Violation of Trust Receipts law
o C. Anti-fencing Law
No need to prove intent to gain
Can one be liable for both a felony and a SPL for
one delict?
o Yes.
o Ex. One issued a check for a transaction which
bounced. Liable for BP 22 AND liable for
estafa.
o Ex. One pretended to be a licensed recruiter.
Liable for both illegal recruitment and estafa.
Can one be liable for crime defined by SPL,
commit another felony and then become liable for
a special complex crime?
o Yes. The anti-carnapping law (RA 6539). If
the offender kills the driver or occupant to take

Art. 4: felonies and impossible crimes

Par.1 natural and logical consequence of felonies

The cause, which in its natural and

continuous sequence, unbroken by any
efficient intervening cause, produces the
injury and without which the result would
not occurred
And that cause may cause another thing
to occur, which produces the injury
o Which circumstances do not affect the
existence of proximate cause?
1. Pre-existing condition of the victim
(pathological)
2. Negligence of doctor
3. Refusal to get medical help or delay
in getting it
o When is something not the proximate cause
of the effect?
1. There is an active force that
intervened
between
the
felony
committed and the death of the victim,
2. The resulting injury or damage is the
intentional act of the victim.
Examples where even if the resulting wrongful act
was different from the offenders intention, he is liable
for that resulting act
o Inserted vibrator in anal orifice of victim. It was
rusty so the victim died (Complex crime of
sexual assault with homicide under RA 8353)
o Accused robbed a store and to shut up the
woman inside, he jammed a pan de sal in her

the car, he is guilty of special complex crime of

carnapping with murder.
May a felony by dolo or culpa absorb a crime
which is malum prohibitum?
o No, a felony by dolo or culpa cannot absorb a
malum prohibitum crime.
Two persons went to the public forest and cut
timber, which is a violation of the Forestry Code.
They were convicted, on basis of conspiracy. The
court ruled that they were guilty to conspire to
violate the Forestry Code. Is the SC decision
correct? Can there be conspiracy to commit
malum prohibitum?
o No. The SC is wrong. Under Art. 8, they must
agree to commit a crime (felony). Thus, this
does not apply to malum prohibitum. (Tigoy v.
P)

What is the rule on liability for those who have

committed a felony?
o That person is liable for natural (ordinary
course of things) and logical (reasonable
connection) consequences of his criminal act
o The act must be the proximate cause of the
effect.
o What is proximate cause?

10

mouth. She died by asphyxiation. Convicted

of robbery with homicide.
o The kidnap victim died from a heart attack due
to fear. The accused is liable for kidnapping
with homicide.
o Accused robbed victim of belongings, the
victim ran away and jumped in the river. She
drowned. Accused is liable since he created a
sense of fear in the mind of the victim.
o Even if the doctor is negligent, but the accused
inflicted mortal wounds on the victim, the
negligence of the doctor is NOT an active
intervening force that exculpates the accused.
But there are times the doctors acts are
exculpatory.
Ex. Victim was brought to the hospital,
but the doctor was so intoxicated, he
gave the victim poison instead of
medicine. The doctor was liable.
Is it possible that two persons are liable for the
death of the same person even if there is no
conspiracy?
o Yes. Two persons went to a bar, did not know
each other, and sat on different tables. They
saw an annoying person. One person stabbed
him. The other, not knowing that the first one
stabbed him too, stabbed him again. Both
wounds were mortal.
o Both are liable for homicide.

11

An accused committed reckless imprudence, and

due to this, two people died.
Can he be
prosecuted for reckless imprudence resulting to
double homicide?
May reckless imprudence
result into a complex crime?
o YES, because reckless imprudence is a felony
under Art. 3 and Art. 48 talks about felonies as
component crimes.
What is the relevant presumption under Rule 131,
Sec 5(c) of the Rules of Evidence?
o A person is presumed to contemplate the
ordinary consequences of his acts, and expect
those.
But intent is an internal act.
How do you
determine this?
o Through circumstances of the case.
Does Art. 4, par. 1 regarding liability for natural
and logical consequences apply to culpable
felonies?
o No.
o Par. (1) is specific: it refers only to delitos.
o NOTE: Boado has a different opinion, noting
that delitos means felony in general, which
can include culpable felonies. The classic
example she gives is person X jumping off a
building to commit suicide, but does not die
because he lands on Y, who dies. X is liable
for the death of Y even if committing suicide is
not a crime per se.

What will apply to culpable felonies?

o Article 365 of the RPC applies.
o The offender is liable for whatever damage or
injury caused by him.

Offender accepted goods which

he believed to have been stolen,
but which were not, in fact stolen
Offender offers a bribe to
someone he believes is a public
officer, but is in fact not
Offender believed his gun was
loaded, pointed it as his wife, and
pulled the trigger. But it was
empty.
Intod v. CA fired guns into
empty bedroom, because the
intended victim was out of town
Jacinto v. P Sales agent,
instead of turning over the check
to employer, gave it to a relative.
The check bounced.
HELD:
impossible crime, because at the
time the petitioner stole the
check, there were no funds in the
bank. (Problem with this case:
What about postdated checks?
Does not the check (paper) itself
have some value?)
o Legal impossibility
There is intent and performance of a
crime, but the consequence could not
result into a crime.

Par. 2 impossible crimes

What are the elements of an impossible crime?

o 1. The offender performed an act which would
be an offense against persons or property
o 2. He performed the act with criminal intent
o 3. Accomplishment of the act is inherently
impossible or the means employed were
inadequate or ineffectual
Differentiate factual or physical impossibility
from legal impossibility:
o Factual or physical impossibility
There is intent and performance but no
accomplishment due to extraneous
circumstances
that
makes
accomplishment impossible.
The factual condition must be unknown
to the offender.
What if the person knew the factual
condition?
There is no crime and there is no
impossible crime.
Examples:

12

Even when completed, it would not

amount to a crime.
Ex. Stole a watch that turned out to be
his.
Ex. Offender saw a naked woman lying
on the beach. He inserted his penis into
his vagina. It turned out she was dead.
Impossible crime, because you cannot
rape a dead person.
Is an impossible crime a crime?
o No. But it is still punished because the law
intends
to
punish
criminal
inclinations/tendencies.
What is the penalty for impossible crimes?
o Under Art. 59 of the RPC, the imposable
penalty for impossible crime is arresto mayor
(correctional penalty).
o What is the potentially inequitable situation
arising from this penalty?
Supposing I saw a person on a bed,
and I punched him. He sustained slight
PI. But he turned out to be dead, so it
was an impossible crime.
Under Art. 266(3) of the RPC the
penalty is arresto menor for slight PI.
But for an impossible crime, the penalty
is arresto mayor. So if that person were
alive, the penalty would be less than if
he were dead!

Art. 5: Duty of courts to report

13

When does the courts duty to report to the

President, through the DOJ, apply?
o 1. Acts which are not punishable by law, but
should be
o 2. Clearly excessive punishment
o N.B. in these cases, the court must still render
the proper decision notwithstanding the report.
Remedy is executive clemency, in case
of excessive penalties.
The court can simply recommend, but
not impose clemency, because its still
the Executives prerogative.
Article 5 does not apply to crimes defined by SPL,
because of the use of the words degree of malice,
etc.
This brings to mind B.P. 22, in relation to A.C. 122000, as clarified by A.C. 13-2001:
o S.C. noticed that people are using the courts
as collection agencies and are clogging up
dockets
o So S.C. issued a circular dissuading people
from filing B.P. 22, and for judges to just
impose fines
A.O. 08-2008, issued 25 Jan. 2008
o Libel imposable penalty is imprisonment or
fine
o According to the S.C., preference is fine over
imprisonment

yet.
At most, its attempted
trespass.
It can be the first of a series of acts that
would produce the intended crime, as
long as the intended crime is
established or known
Differs from preparatory acts, which are
just means or measures necessary to
produce the desired end.
Ex. surveillance
Ex. buying poison
Ex. conspiracy and proposal,
unless the law punishes the
conspiracy/proposal per se
o 2. But offender did not complete all acts of
execution to produce the felony
Still at the subjective phase of the
commission of crime still has full
control of acts, and has not completed
the needed acts yet
o 3. Due to cause or accident other than
spontaneous desistance
Is he is still in the subjective phase
and he desists from committing the
crime, is he liable?
NO. He is not liable.
The reason for desisting need not
be legal or moral. It could be

Art. 6: Stages of consummation

When is a crime consummated?

o When all the acts necessary for its
accomplishment and execution are present.
o The accused has reached the objective stage
of the offense as he no longer has control of
his acts, having performed all that is necessary
to accomplish the purpose.
In general, all the felonies in Book II are
consummated crimes. What is the exception?
o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as
much need to reform a person who has
unsuccessfully attempted to commit a crime
What are the elements of an attempted crime?
o 1. Commenced execution directly, by overt
acts
There must be an overt, external act
and there is crime intended to be
committed
There is direct connection to crime
intended to be committed must have
an
immediate
and
necessary
connection.
Ex. Merely opening a hole in the
wall of a bank is not yet
attempted robbery because there
is no overt act evincing robbery
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remorse or fear as long as he

desists voluntarily.
But if he desists during the
objective stage, there is no
exculpation
But may he be liable for any other
felony already committed apart from
that desisted from?
Yes.
What are the elements of a frustrated crime?
o 1. All the acts of execution needed to produce
the felony are present
So in the same way, the objective stage
has been reached
o 2. But it was not produced by reason of causes
independent of the perpetrators will
When does frustrated homicide/murder exist?
o It is not enough to wound the other person.
The wound inflicted must be mortal. If it is not
mortal, then it is a mere attempt.
o Even if the accused believed that he inflicted a
mortal wound, but he did not, it is merely
attempted, not frustrated. The nature of the
wound controls, not the belief of the person.
What are crimes where no frustrated stages exist?
o 1. Rape
As long as the penis enters the labia
majora, it is already consummated

o
o

o
o

15

It is not the mere entry; the SC said that

the entry must be in relation with the
intent to have carnal knowledge of the
woman
If it is just in the mons pubis just
attempted. (Bombardment of the
drawbridge, even if the troops do not
successfully enter the castle. If no
intent, just acts of lasciviousness.)
2. Sexual assault
By analogy
3. Robbery
One is liable for consummated robbery if
one takes possession of the personal
property of the other, however brief it
may be.
4. Theft
No more frustrated theft, under same
ratio: no need to have disposed of
stolen property
5. Adultery
Essence of the crime is sexual
congress: so same principle as in rape
applies
6. Felonies by omission
No attempted or frustrated stage
7. Falsification of public document

There is no attempted or frustrated

falsification of public document unless
the falsification is so imperfect.
o 8. Arson
The moment burning occurs, even for a
small portion only, the offense is
consummated
All overt acts prior to burning: attempted
stage
o 9. Corruption of public officials
When the offer is accepted by the public
officer,
then
the
offense
is
consummated
When the offer is rejected, then it is just
an attempt
What are formal crimes?
o Those that are always consummated because
the offender cannot perform all the acts
necessary to consummate the offense without
consummating it.
o Examples of formal crimes?
1. Physical injuries
Since their punishment is based
on result and gravity of injury
2. Slander
The moment the words are
uttered and heard by third
persons,
the
crime
is
consummated.

Is there attempted or frustrated culpa?

o No.
What if what was charged was the frustrated
stage and only the attempted crime was proved.
Can an accused be convicted?
o Yes, the frustrated stage necessarily includes
the attempted stage. Same with consummated
crimes and attempted/frustrated stages.

Art. 7: light felonies

16

What are light felonies?

o Those infractions of law where the penalty is
arresto menor or fine not exceeding 200 pesos
When are light felonies punishable?
o Only when they have been consummated
o Except those against persons or property
Who are punishable for light felonies?
o Only principals and accomplices.
o Accessories are not liable because light
felonies are punishable with arresto menor and
accessories are penalized two degrees lower
than the principal, which is non-existent in this
case.
How do you categorize reckless imprudence
resulting into slight PI?
o The crime of reckless imprudence is a light
felony, under the last paragraph of Art. 9 of the
RPC. Punishable only by public censure.

Art. 8: conspiracy and proposal

When is there conspiracy?

o When two or more persons come to an
agreement concerning the commission of a
felony and they decide to commit it.
What is proposal?
o A person who has decided to commit a felony
proposes its execution to some other person or
persons.
Is conspiracy or proposal a felony?
o No. Conspiracy under article 8 is not a felony,
because there is no penalty provided by law.
o Article 8 is thus a mode of incurring criminal
liability.
o Enumerate at least two felonies punished
pursuant to Article 8 as a felony per se:
Conspiracy to commit treason
Conspiracy to commit rebellion
o For the above acts, the mere conspiracy is
punishable. But the moment they actually
commit treason or rebellion, conspiracy loses
its juridical personality and it becomes a mere
mode to commit a crime.
What is required to prove a conspiracy?
o Same degree of proof to establish the crime, in
order to prevent finding someone guilty of a
crime except proof beyond reasonable doubt.

17

o But it can be proved by indirect proof, such as

inferences from acts of the accused before,
during, and after the commission of the crime.
o These acts must indubitably point to or indicate
a joint purpose, concerted action, and singular
interest.
What is required to be done in order to become a
co-conspirator?
o Intentional participation in the transaction with
a view to furthering the common design.
o Except when one is a mastermind, he must
perform some overt art as a direct/indirect
contribution to the crimes execution. The
overt act can be active participation, moral
assistance by being present at the scene of the
crime, or exerting moral ascendancy.
o But merely being present is not sufficient to
prove conspiracy; it must be shown that there
is intent to provide moral support, etc.
What are the two types of conspiracy?
o 1. Express conspiracy
There is prior agreement
A conspirator is liable as long as he
appeared in the scene of the crime.
Except when he is the mastermind,
where it doesnt matter whether he
appears or not, since he is a principal by
inducement

Degree of actual participation is

immaterial: all conspirators adopt the
acts of the others
o 2. Implied conspiracy
Deduced from the acts of the offenders.
The agreement to pursue a common
design and the unity of purpose is
instantaneous.
It is essential that the conspirator
participated in the commission of the
crime. Mere presence is not enough
because mere presence does not prove
intent to join the commission of the
crime, without prior agreement.
Three kinds of special conspiracy:
o 1. Wheel conspiracy there is one person
(hub) and his underlings (stokes)
We have this. The others, not yet
recognized.
o 2. Chain conspiracy using legitimate
enterprise to distribute narcotics
Ex. drugs
o 3. Enterprise conspiracy Racketeer
Influenced and Corrupt Organizations (RICO)
What is the kind of conspiracy and connivance
contemplated in Article 157 (Evasion of service of
sentence)?

18

o This is the situation where a convict or a

person escapes in connivance with another
person.
o The conspiracy or connivance in connection
with the crime committed here is an essential
condition for the commission of said crime, in
connection with Art. 223 of the RPC (Infidelity
in the custody of prisoners). The penalty is
prision correccional in maximum period instead
of medium and maximum period.
What are the characteristics of conspiracy?
o 1. Singularity of intent
o 2. Unity in the execution of the unlawful
objective
Does Art. 8 apply to SPLs?
o Generally, no; it does not apply to crimes
defined in SPL. However, if the SPL provides
that conspiracy to commit a crime under that
law is a crime in itself, then it is.
Ex. DDA, Sec. 26: conspiracy to commit
any of those crimes enumerated in that
section is a crime by itself (sale,
importation, distribution and conspiracy
to do such)
Ex. Access device regulation, Sec. 11:
conspiracy to commit access devise
fraud is a crime

Ex. Anti-terrorism law: conspiracy to

commit terrorism is a crime punishable
with 40 years of imprisonment
o If there is no provision in the SPL, Art. 8 can be
considered a mode to commit that crime.
Two or more persons who conspire to
commit a crime of BP 22 liable under
Art. 8 of the RPC (Andan v. P)
Recall the controversial Tigoy case re:
conspiracy to violate the Forestry Code
Does Article 4, par. 1 apply to Article 8?
o Yes. Each conspirator is responsible for
everything done by his confederates, which
follow incidentally in the execution of the
common design, as one of its probable and
natural consequences even though not
intended as part of the original design.
o Conspirators are held to have intended the
consequences of their act, by engaging in
conspiracy. So, liability extends to collateral
acts incident to and growing out of the
conspiracy.
o X and Y agreed to rob the victim only. But
he resisted and X killed the victim. What
crime did X and Y commit?
HELD: All the conspirators, thus both X
and Y, are guilty of robbery with
homicide.

19

o What if one of the co-conspirators (ex.

robbers) prevented the others from
committing the extra act of homicide or
rape?
HELD: He is only liable for robbery only,
and not homicide and rape. It does not
matter if he succeeds in preventing
them of not.
o X, Y, and Z committed robbery. After they
all escaped, X a car and carnapped it after.
HELD: Only he was liable for
carnapping because its not intended as
part of the plan and is not incidental to
the common design.
Conspirators are necessarily liable for
the acts of another conspirator unless
such
act
differs
radically
and
substantively from that which they
intended to commit.
Until when does conspiracy last?
o Conspiracy continues until the object is
attained. Conspiracy is a continuing event,
unless in the meantime, they abandon the
conspiracy or the conspirators are arrested.
X and Y agreed to commit robbery and decided to
commit it. X stabbed the victim and ran. Y did
not run and he was caught. Defense: he was not
guilty of the crime, because he desisted when he
did not run. Is the defense tenable?

o HELD: The mere failure or refusal to flee after

the commission of the crime does not amount
to a disavowal of the conspiracy. There must
be an overt act to disassociate oneself from the
conspiracy.
Relate
conspiracy
with
aggravating
circumstances of evident premeditation and price:
o Evident premeditation only applies for express
conspiracies. It does not apply to implied
conspiracies, because these are spontaneous.
o Price applies to the co-conspirators acting as
offeror and acceptor.
Does the laxity of a public officer in investigating
or prosecuting indicate that he is a coconspirator?
o Not per se. It must be shown that he had
foreknowledge and participation in the plan in
the first place.
What are the possible liabilities of a head of office
when his subordinates are able to conspire to
commit a crime?
o 1. Conspiracy (if he is aware of the design and
agreed to it)
o 2. Culpa in this case, he is not part of the
conspiracy because there can be no
conspiracy by culpa
o What is the Arias doctrine?
The head of office can rely to a
reasonable extent on his subordinates

and their good faith. There has to be a

special reason why he should examine
acts or papers in detail. There is no
negligence/culpa if he fails to examine
an error because of the sheer amount of
paperwork that passes through his
hands.
Art. 9: severity of felonies

20

Classify felonies as to severity:

o 1. Grave felonies
Capital punishment
Afflictive penalties in any of its periods
(prision mayor to reclusion perpetua)
o 2. Less grave felonies
Correctional penalties in their maximum
period (destierro, suspension, arresto
mayor, prision correccional)
o 3. Light felonies
Arresto menor
Fine not exceeding P200
N.B. but in Article 26, a fine of P200 is
already a correctional penalty
What is the relevance of knowing this
classification?
o 1. Complex crimes require grave or less grave
felonies
o 2. To determine the duration of the subsidiary
penalty

o 3. To determine the duration of detention in

case of failure to post the bond to keep the
peace
N.B. but there is no crime that requires
a bond to keep the peace
o 4. Different prescriptive periods
o 5. To determine whether there is delay in the
delivery of the detained persons to the judicial
authority
o 6. Penalty for quasi-offenses (Art. 365)

Art. 10

What is the relationship between RPC provisions

and SPLs?
o In general, RPC provisions do not apply.
o But the RPC is supplementary to the SPL,
unless provided otherwise.
What if the penalty provided by an SPL follows
RPC nomenclature?
o The RPC applies suppletorily, ex. mitigating
circumstances.
R.A. 9165, amended by 9344; Dangerous Drugs
Act provisions of RPC shall not apply to violations
of DDA, except in the case of minor offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees
under Art. 63
What does the Anti-hazing law provide as re:
praeter intentionem?

o Sec. 4 provides that praeter intentionem does

not apply as a mitigating circumstance for
violation of Anti-Hazing law
o The law also enumerates who will be deemed
principals, etc.
What does the anti-terrorism law provide as re:
the relationship of its penal provisions and RPC
provisions?
o Conviction of a person under said law
constitutes a bar to the prosecution of that
person under the RPC or another SPL for the
predicate crime
What does R.A. 7610 Child abuse law, Sec. 10
provide?
o Where the victim of murder, homicide,
intentional mutiliation, or SPI is under 12 years
old, the penalty shall be reclusion perpetua
VAWC: If the offender commits act of physical
violence and there is intent to kill, what is the
punishment?
o Crime is NOT violation of physical violence
provision under VAWC but attempted,
frustrated,
or
consummated
parricide,
homicide, or intentional mutilation

CIRCUMSTANCES AFFECTING LIABILITY

Art. 11: justifying circumstances

21

Are complete self-defense and other provisions

under
Art.
11
(justifying
circumstances)
absolutory causes?
o Yes, because the accused is not deemed to
have committed a crime. An absolutory cause
means that the accused does not incur criminal
liability.
Is Article 12 an absolutory cause as well?
o No. There is technically a crime, although the
person is exempt from liability. The basis here
is that the person is not acting with complete
intelligence. There is no mens rea.
What are other absolutory causes?
o 1. The offender was instigated
Differentiate
instigation
from
entrapment:
In entrapment, the idea of the
crime
comes
from
the
lawbreaker. Thus, this is not
absolutory. The peace officer is
without criminal liability.
o Ex.
buy-bust
operations
In instigation, the idea of the
crime is induced in the mind of
the lawbreaker. It is absolutory
due to public policy. The peace
officer
is
a
principal
by
inducement.

22

o 2. Spontaneous desistance in the attempted

stage
o 3. Attempted or frustrated light felonies, except
against persons and property
o 4. Accessories in light felonies
o 5. Accessory relatives who help relatives
escape (Art. 20)
o 6. Art. 247 death under exceptional
circumstances
o 7. Certain relatives in estafa, theft, malicious
mischief
o 8. Somnambulism
o 9. Mistake of fact (Achong)
o 10. Repeal of penal law, whether absolute or
modification
What is the nature of self-defense?
o Self-defense is an act to save life; thus, it is an
act, not a crime.
o There is no such thing as accidental selfdefense because it contemplates intent by the
defending party.
What does self-defense include?
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
If the accused in arraignment pleads self-defense,
is he making a judicial confession?
o It is NOT a judicial confession, but just a
judicial admission. He does not admit penal

liability. He is merely admitted that he killed

the victim.
If the accused admitted killing the victim and
pleads self-defense, is the burden of proof shifted
to accused?
o No. The burden of proof never shifts; only the
burden of evidence shifts. (Although Boado
seems to have mixed up these terms because
she says that the burden of proof shifts.)
What are the requisites of self-defense?
o 1. Unlawful aggression
o 2. Reasonable means necessary to repel it
o 3. Lack of sufficient provocation by the
defender
What is ABSOLUTELY necessary out of these?
o Unlawful aggression. Without it, even if the
two others are present, there can be no
complete or incomplete self-defense.
If it is unlawful aggression alone, then it
is an ordinary mitigating circumstance.
If it is unlawful aggression plus one
other, then it is a privileged mitigating
circumstance.
o What is the nature of needed unlawful
aggression?
It must continue up until the act of selfdefense, because once it ceases, the
offender can no longer invoke selfdefense.

23

If there is no more unlawful aggression,

the self-defense is just mere retaliation
and thus invalid.
What if the other two are missing?
o There is incomplete self-defense and thus it is
just a mitigating circumstance, not justifying.
How is unlawful aggression defined?
o Actual peril to ones life, or merely a threat, but
real and imminent.
Is slapping unlawful aggression?
o Yes. It is unlawful aggression against his
honor. The face of a person is akin to his
dignity, honor, etc.
What is the effect of presence of multiple wounds
on the victim in a claim of self-defense?
o The nature of wounds belies a claim of selfdefense because it shows a determined effort
to kill the victim, and not mere self-defense.
Compare P v. Jaurige and P v. De la Cruz as re:
reasonable means:
o BOTH cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in
daylight. She killed him with fan knife. No selfdefense appreciated. The means used were
not reasonable.
o De la Cruz: groped in dark alley. Killed with
knife. Allowed to exercise self-defense.
o THUS, whether means are necessary is caseto-case.

o What do you consider?

1. Whether the aggressor was armed
2. The nature and quality of weapon
used
3. Physical conditions and sizes of the
parties involved
What is the rational equivalence rule in
reasonable necessity?
o The law does not demand material
commensurability between the means of attack
and defense. So this doctrine considers the
nature of imminent danger, and instinctual
actions. Note that a person in peril will not act
as rationally as normally expected.
What is the rule when a person is attacked?
o Not anymore retreat to the wall; now, it is:
Stand your ground when in the right.
If two people agree to fight, is there valid claim of
self-defense?
o No, because there is an agreement. There is
no unlawful aggression.
o What is the exception?
When they agreed to fight, but one
attacked ahead of the agreed time.
What is the extent of defense of property rights?
o May use such force as reasonably necessary
to prevent or repel the unlawful physical
invasion of his property. This does not seem to
involve the taking of human life.

24

o Dissent of P v. Narvaez: in order to defend

against the person, there must be aggression
not just against property rights but also against
the person of the owner.
o Correlate this with Art. 429 of the Civil code, or
the doctrine of self-help.
When is there sufficient provocation?
o Provocation is sufficient if it is sufficient to
incite the person to attack.
Is Art. 247 an absolutory cause?
o Yes. Because the only imposed penalty is
destierro. And that this is more of protection
for the one who killed.
o NOTE: differentiate Art. 247 from cases where
Self-defense under Art. 11 applies, even if the
situation is the same (catching spouse in
sexual congress)
Ex. Husband caught wife in sexual
congress. The wife, caught, wanted to
kill him, so he took the knife and killed
his wife.
The accused arrived and saw his wife in the act of
sexual intercourse. The paramour ran and the
wife dressed up. Gonzales went out. When he
got back, he heard rustling leaves. He saw the
paramour and the wife, who was putting on her
panties. He stabbed his wife. Can the husband
invoke 247? (P v. Gonzales)

o HELD: You cannot invoke 247 because at that

time, she was already putting on her panties,
not in actual sexual intercourse. (P v.
Gonzales)
o DISSENT: follow this You are unfairly
punishing him if we strictly apply the law. But
what can you deduce from the fact that she
was wearing her panties from a naked state. It
is asking too much to actually catch them in the
act of actual sexual congress.
Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke
his honor and defend it, so Art. 11 can be
invoked by the one discovering the sexual
congress. He can also invoke 247, obviously.
o Prefer 11 over 247, because the latter results
in destierro. It is not a penalty, but a limitation
of his liberty.
Can you invoke Art. 247 if there is mistake of fact?
o Yes. Apply the Achong doctrine by analogy.
o Example: The husband saw movement of
buttocks, but the paramours penis hasnt
entered his spouses vagina yet.
Are the RPC provisions applicable to VAWC?
o Yes. Recall Art. 10: how RPC provisions apply
suppletorily, unless provided otherwise.
o Under RA 9262 (VAWC), Art 47: RPC
provisions supplement the VAWC law.

25

o The VAWC law even uses RPC terms for

penalties:
SPI: P.M.; LSPI: P.C., Slight PI: A.M.
What are the circumstances in P v. Genosa?
o The SC recognized the Battered Woman
Syndrome. But there was no RA 9262 then yet
so its still not an absolutory cause.
o The SC did not appreciate ordinary selfdefense because the threat to the womans life
has already ceased. There was no more
unlawful aggression.
o But the SC appreciated the following mitigating
circumstances:
1. Passion and obfuscation
2. Diminished will power
What is the Battered Woman Defense under RA
9262?
o The Battered Woman Syndrome (BWS) is a
justifying
circumstance,
notwithstanding
absence of any requisites of self-defense.
o The woman incurs neither criminal nor civil
liability.
o The defense is separate from and independent
from self-defense.
Who is a battered woman?
o One repeatedly subjected to forceful physical
or psychological behavior by a man with whom
she has an intimate relationship with in order to
coerce her to do something he wants.

o The cycle has to happen at least twice: 1.

Tension-building phase, 2. Acute battering
incident, 3. Tranquil, loving phase.
What are the characteristics of the BWS?
o 1. The woman believes the violence was her
fault
o 2. inability to place responsibility for the
violence elsewhere
o 3. She fears for her and her childrens lives
o 4. Irrational belief that offender is omnipresent
and omniscient
What are the requisites of defense of relative?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means
employed to prevent or repel it
o 3. In case of provocation given by the person
attacked, the defender must have had no part
therein
o Who are the relatives under this provision?
Spouse, ascendants, descendants,
legitimate, natural, and adopted siblings,
or relatives by affinity within the same
degrees
Relatives by consanguinity until the
fourth degree
Anyone beyond this enumeration:
defense of stranger
What are the requisites of defense of strangers?
o 1. Unlawful aggression

26

o 2. Reasonable necessity of the means

employed to prevent or repel it
o 3. Person defending is not motivated by
revenge, resentment, or other evil motives
What are the requisites of state of necessity as a
justifying circumstance (Art. 11, par. 4)?
o 1. The evil sought to be avoided actually exists
o 2. The injury feared is greater than that done to
avoid it
o 3. There is no other practical and less harmful
means to prevent it
o What if the party invoking state of necessity
is responsible for the peril?
Cannot invoke this defense.
o What is the injury contemplated under
requisite number 2?
This is a broad concept. It can be
against property, liberty, etc.
What is the rule on civil liability for acts in the
state of necessity?
o Those who were benefited by the act
performed are liable to those to whom injury is
caused. Note that this is a purely civil liability
and does not arise from criminal liability.
What are the requisites of lawful exercise of right
or duty (Article 11, par. 5)?
o 1. Act out of duty or office
o 2. Injury caused is the consequence of the
performance of that duty or right

o What if the order is illegal?

Cannot follow the order unless it is
apparently legal and the subordinate did
not know it was actually illegal.

What is the limitation on the performance of

duties?
o It must be exercised neither capriciously nor
oppressively, and within reasonable limits.
There must act with sound discretion.
o X was a deranged man who was already
incapacitated by the police from doing
further harm. Y, one of the policemen,
seeing X lying on the ground, shot him
further on the forehead. Can Y invoke
performance of duty?
No.
The act performed was
unreasonable and excessive.
Can a policeman invoke SD and performance of
duty at the same time?
o Yes.
o An example is when a policeman saw one
person about to shoot another. The policeman
gave a warning and the offender pointed the
gun at the policeman. The policeman shot the
offender. He was both defending himself and
performing his duty in preventing the other
person from being shot.
What are the requisites of obedience to superior
order?
o 1. An order has been issued by a superior.
o 2. The order is for a legal purpose
o 3. The means used to carry out the order were
lawful

Art. 12: exempting circumstances

27

What are the exempting circumstances?

o 1. Imbecility or insanity
o 2. Minority
o 3. Accident
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear
o 6. Insuperable or lawful cause
What are the characteristics of exempting
circumstances?
o The act is criminal, but the criminal is exempt
from criminal Liability
o But there is civil liability
o The emphasis is the actor, not the act
What is insanity?
o There is a complete deprivation of intelligence
in committing the act, and so there is complete
absence of ability to discern.
o Not mere abnormality of mental faculties or
mere frenzy due to anger.
When should insanity exist?
o In the period immediately before or at the
precise moment of doing the act.

o His mental condition after doing the act is

inconsequential.
o Note that there is a presumption of sanity and it
must be disproved beyond reasonable doubt.
What does it indicate when the actor surrendered
to the police after committing the crime?
o There is discernment because remorse is
inconsistent with insanity
What if the insanity occurs after the commission
of the crime?
o Refer to Art. 79, which provides that one who
becomes insane or imbecile after final
sentence will have the sentence suspended as
to the personal penalty. He will only be
sentenced when reason is regained.
What if there is no complete impairment or loss of
intelligence, and just a partial one?
o It is just a mitigating circumstance: illness that
would diminish exercise of will-power without
depriving consciousness of his acts
o A common example is schizophrenia: there is
no complete deprivation of intelligence, but
there is difficulty distinguishing fantasy from
reality
How is mental condition of an accused
determined in trial?
o The judge must order the examination of the
accused by a medical expert. The judge

28

cannot do it alone, because he is not an expert

on this matter.
Under RA 9344, how are minors classified?
o Children at risk are those vulnerable to and at
the risk of committing criminal offenses due to
personal, familial, and social circumstances.
o Children in conflict with the law are those
accused of or adjudged as having committed
criminal offenses.
What are the benevolent features of RA 9344?
o Age 15 and below = age of absolute
irresponsibility
Exempt from criminal liability
Subject to intervention program
o Age over 15 and under 18 = criminally liable
only where there is discernment
No liability if there is lack of
discernment.
Also
subject
to
intervention program.
Liable if there is discernment. However,
he will under a diversion program.
o Is the minor over 15 but below 18 acting
with discernment still entitled to the
privileged mitigating circumstance under
Article 68(2)?
Yes. RA 9344 did not change this.
What are the diversion programs for those over 15
but below 18 acting with discernment?

o Note: these are without going through court

proceedings
o 1. When the penalty of the crime is not over 6
years:
Crimes with victims:
Diversion program before law
enforcement officer or punong
barangay
Involves
mediation,
family
conferencing, conciliation with
child and parents/guardians
Crimes without victims:
Diversion program before the
local DSWD officer, with child
and parents/guardians
o 2. When the penalty of the crime exceeds 6
years:
Diversion is before courts
In case the penalty is not more than 12
years or just a fine, the court can
determine
whether
diversion
is
appropriate or not
o 3. If the offense does not fall under any of the
above or the child or parents/guardian does not
consent to diversion, the one handling the case
forwards the records to the prosecutor or court
within 3 days and then the case is filed
according to regular process
Can a child be detained pending trial?

29

o Yes, but only as a last resort and only for the

shortest possible period of time.
The
authorities can resort to alternative measures
such as close supervision, intensive care, or
placement with a family/educational setting.
What is the rule on automatic suspension of
sentence?
o Children below 18 at the time of commission of
the crime found guilty of the offense are placed
under suspended sentence without need of
application. The court then determines and
imposes the appropriate disposition measures
afterwards.
o What if the then-child is over 18 years old
upon the pronouncement of guilt?
It doesnt matter; there is still suspended
sentence.
o What if the child reaches 18 while under
suspended sentence?
The court determines whether to:
1. Discharge the child
2. Order execution of sentence
3. Extend suspended sentence for a
certain period, or until he reaches the
maximum age of 21
o What if the child undergoes period of actual
detention or commitment?
It will be credited in full.
What is the provision on probation?

o Upon application at any time, the court can

place the child on probation in lieu of service of
sentence. (This amended the Probation Law)
What is a status offense and how is it treated
under the law?
o Any conduct which is not an offense when
committed by an adult will not be considered
an offense and is thus not punished if
committed by a child.
o Ex. curfew laws
Did Ra 9344 retroact?
o Yes, it retroacted to pending cases and those
minors already convicted.
Under 9344, the minor is still exempt from specific
offenses even if he or she acted with discernment.
What are these?
o 1. Vagrancy
o 2. Prostitution
o 3. Mendicancy
o 4. Sniffing rugby
o What happens?
These
persons
would
undergo
appropriate counseling and treatment
program.
When is a child in conflict with the law subject to
preliminary
investigation
and
filing
of
information?
o 1. Child does not qualify for diversion

30

o 2. Child or parents/guardians do not agree to

diversion
o 3. Prosecutor determines that diversion is not
appropriate for the child, considering
assessment/recommendation of the social
worker
Who are the minors disqualified from suspension
of sentence?
o 1. One who once enjoyed suspension of
sentence already
o 2. Convicted for offense punishable by death or
life imprisonment
Note: punishable need not be actually
punished especially since the death
penalty has been abolished
o What was the ground under PD 603 that
was repealed by RA 9344?
When the child is already 18 upon
promulgation of sentence.
This is
impliedly repealed by the provision
stating that under RA9344, the age of
commission of the crime is the
determination
of
suspension
of
sentence, and not the age during
promulgation of the judgment.
After suspension of sentence, what is the
disposition order?
o After sentence, the court sets disposition
conference within 15 days from promulgation

Minor, parents/guardian, and social

worker are present
o Can issue:
1. Care, guidance, and supervision
orders
2. Drug and alcohol rehab
3. Participation in group counseling and
the like
4. Commitment to youth rehab center of
DSWD/other centers
When there is doubt if the person is a minor or
not, what is the appropriate proceeding?
o There is presumption of minority.
o File for summary proceeding in Family Court.
What if the minor was alleged as a coconspirator?
o The presumption of acting without discernment
still applies.
o Evidence of conspiracy does not automatically
mean the minor acted with discernment in the
commission of the crime.
May the presumption still apply even if the
allegation was reckless imprudence under Art.
365?
o Yes. (Jarco Marketing case)
What is the definition of discernment?
o When the minor is able to distinguish whether
his act is moral or licit or not..

31

o The utterances of a minor and overt acts

preceding crime, and nature of weapon is
evidence of discernment.
S.C. AM 02-1-18:
o If the minor committed a crime and the time the
law took effect, he was already 21, can he
enjoy the benefit of suspension of sentence
If a minor is charged with a heinous crime
punishable by death or RP-death, is he entitled to
suspension of conviction?
o Yes. Ubi lex non distinguit, nec non distinguire
debemos.
What are the requisites of accident?
o 1. performing lawful act with due care
o 2. causes injury to another
o 3. without intent or negligence
What if there is negligence?
o Article 365 applies: quasi-crime of reckless
imprudence
o Accident and negligence are mutually
exclusive.
o What is the difference between accident
and negligence?
Accident without fault of the human
being. Cannot be anticipated.
Negligence when there is some
degree of fault in the person

o NOTE: Under Art. 365, the court will not

consider Art. 13 and 14 in imposing the penalty
because this crime is NOT intentional.
What are the elements of irresistible force?
o 1. Force is physical and must come from an
outside source
o 2. The accused acts not only without a will but
even against his will, reduced to a mere
instrument
o 3. The duress, force, fear, or intimidation
present is imminent and impending, as to
induce well-grounded fear of death or serious
bodily injury
Thus, the fear must not be speculative,
fanciful, or imagined
What are the elements of uncontrollable fear?
o 1. Threat which caused the fear of an evil
greater than or equal to the act accused was
required to commit
o 2. The evil promised was of such gravity and
imminence that an ordinary man would
succumb to it
o Ex. X is a hostage who decapitated his fellow
hostage Y because their captors threatened to
kill X.
What is an insuperable cause?
o It applies to felonies by omission where the
failure to do so is due to a lawful or insuperable
cause.

o A common example is failure to comply with

art. 125 of the number of hours when a person
arrested must be delivered to judicial
authorities, when there is a long holiday or the
judicial offices are not open, or there is a
calamity/accident that met them.
Art. 13: mitigating circumstances

32

What are the mitigating circumstances?

o 1. Incomplete justifying and exempting
circumstances
o 2. Under 18 or over 70
Correlate with RA 9344
o 3. Praeter intentionem
o 4. Sufficient provocation or threat by the
offended party preceded the act
o 5. Proximate vindication of grave offense
o 6. Passion or obfuscation
o 7. Voluntary surrender or voluntary confession
prior to prosecutions presentation of evidence
o 8. Physical defect restricts means of action,
defense, communication
o 9. Illness diminishes will-power without
complete deprivation of consciousness
o 10. Analogous circumstances
No similar provision for aggravating
circumstances
If the criminal is 80 years, is there a mitigating
circumstance?

o P v. Austria 27 June 2000 the accused was

charged with rape. He was already 83 years
old. His defense was erectile dysfunction. He
was convicted, but the SC applied the old age
as a mitigating circumstance. So far, this is the
only case where this case was applied.
Must mitigating circumstances be alleged in the
information?
o No.
How are mitigating circumstances classified?
o 1. Ordinary enumerated in Art. 13 and some
SPLs
If there is one, penalty lowered to
minimum period
If there are two or more ordinary
mitigating circumstances, the penalty is
lowered by one degree
Can be offset by generic aggravating
circumstances
Not considered when the penalty is a
single indivisible penalty (i.e. only RP
now)
o 2. Privileged
Lowers imposable penalty by one or
more degrees
Cannot be offset by any aggravating
circumstance
Even if the penalty is single and
indivisible, it is imposed

o 3. Specific applies to specific felonies

Ex. concealment of dishonor in case of
abortion by pregnant woman
Ordinary

Privileged

Specific

Lower
to Lower by one or To
specific
minimum period
more degree
felonies only
If 2 or more,
lower by one or
more degree
Can be offset by Cannot be offset
ACs
by ACs
Cannot
imposed
indivisible
penalties

33

be Can be imposed
on on
indivisible
penalties

In
incomplete
justifying
and
exempting
circumstances, what are the requisites that must
always be present?
o 1. For self-defense, unlawful aggression
o 2. For accident, due care and lack of fault
When is incomplete justifying or exempting
circumstance
an
ordinary
mitigating
circumstance? When is it a privileged mitigating
circumstance?
o Ordinary if there is only one element or there is
no majority of required elements
o Privileged if there is majority, but not all, of
required elements

What is the nature of minority as a mitigating

circumstance?
o It
is
always
a
privileged
mitigating
circumstance
o It applies to those over 15 but below 18 who
acted with discernment reduce the penalty
to the next lower penalty, in the proper period
When can praeter intentionem not be invoked?
o RA 8049 lack of intent to commit so grave a
wrong as committed CANNOT be invoked by
accused in hazing incidents.
Can lack of intent to commit so grave a wrong as
that committed be invoked in malversation?
o YES. Ex. The petitioner was a municipal
treasurer, and the audit team discovered he
was short P72000 of funds. After a few
months, he returned the money he borrowed.
o Note: the SC also applied a mitigating
circumstance analogous to voluntary surrender
in this case.
What other rule must be taken into account vis-vis praeter intentionem?
o Art. 4(1) presumption that person intends all
the natural and logical consequences of his
felony.
o How to resolve: the means employed and the
result must be so disparate that the result is
not the logical and natural consequence of the
means

34

o Ex. X used a lead pipe to hit victim on the

eyebrow, and the victim died. SC refused to
apply the mitigating circumstance of lack of
intent to commit so grave a wrong as that
committed.
o P v. Pugay: (gasoline burning case) SC also
applied Art. 13(3), because the intent was less
than the material act committed.
What if two persons conspire to commit a felony,
and one intended to commit the grave wrong as
that committed, while the other did not?
o The conspirator who did not intend to commit
so grave a wrong as that committed cannot
invoke the mitigating circumstance.
o BUT if both of them did not intend to commit so
grave a wrong as that committed, then both
can invoke the mitigating circumstance.
Can both treachery and Art 13(3) be invoked
together?
o Yes.
Treachery refers to the manner or
method used to kill the victim, while praeter
intentionem refers to the state of mind of the
person. They may co-exist.
Can praeter intentionem be invoked for culpable
felonies?
o No. Obviously intentionem requires intent in
the first place, just that the intent did not match
the result.
What are the elements of sufficient provocation?

o 1. Sufficient
Merely shouting at the accused and
asking the latter to leave is NOT
proportionate to the latter killing the
former.
Need not constitute unlawful aggression
under Art. 11; the threshold here is
lower.
Need not be put in words; can be in
action.
Ex. entering anothers property
and then starting to gather the
latters crops.
o 2. Immediately preceding the commission of
the crime
This actually means immediate, not
like grave vindication which just requires
proximity
o 3. Originate from the offended party
If provocation and passion/obfuscation are based
on the same facts, is the accused entitled to two
separate mitigating circumstances or only one?
o Only one. The accused is only entitled to only
one mitigating circumstance, because both are
based on the same facts.
o Same rule between vindication of grave
offense and sufficient provocation.
What is immediate in immediate vindication of
grave offense?

35

o Proximity. It need not immediately precede the

act, but there must be no lapse of sufficient
time.
o How sufficient is sufficient time?
If there was only a gap of 30 minutes,
still okay.
P v. Palabrica: 1 day lapse is not okay.
P v. Ignas: only said hours still okay.
What is grave offense?
o Grave offense in this provision is different
from grave offense under Art. 9. Grave offense
under this provision might not even be a felony
at all. It usually is an assault to honor.
o When is an offense grave?
1. Determine social standing of parties
2. Determine place and time and
occasion when offense committed
o Grave offense even includes an insult
You are living at the expense of your
wife! appreciated as grave offense
o In a case, hitting someone with a bamboo stick
is not a grave offense.
Xs son eloped with Ys daughter. At that time, it
was really deemed a dishonor. Y looked for his
daughter for three days.
Y sought revenge
against Xs son and killed him. Is this vindication
of grave offense? (P v. Diokno)

o The SC said that it was. Even if three days

lapsed, the act of elopement was deemed
continuous, and the effect was still there.
o NOTE: This case may be a product of its time.
Now, this situation is pretty ordinary already.
So this case may be archaic already.
What is necessary for passion or obfuscation to
be considered?
o It must arise from lawful sentiments of the
accused. The offended party must have done
an act unlawful and sufficient to excite passion
or obfuscation
o It must not come from lawlessness or revenge,
or an illegitimate relationship
Bello: EXCEPTION.
He lived with
common law wife for 10 years. Bello
supported her for 10 years. After, the
common law wife wanted out, and
wanted to live with another man. Bello
killed her. Eh wala ka namang ibubuga
talaga eh. SC HELD: Passion and
obfuscation. Although the relationship
was illegitimate, nevertheless, the victim
was ungrateful.
How much lapse of time is allowed for passion
and obfuscation to be appreciated?
o P v. Ventura: Although passion and
obfuscation may arise from jealousy, since

36

there was a lapse of 1 week, accused was

expected to recover his equanimity.
Can vindication of grave offense co-exist with
passion or obfuscation?
o No. If they arise from the same facts, only one
will be appreciated.
Can treachery co-exist with passion or
obfuscation?
o No. Treachery CANNOT co-exist with passion
and obfuscation. When a person acts with
passion or obfuscation, he loses his reason
and self-control, which is inconsistent with
treachery, because one who acts with
treachery presupposes that he adopted a
mode of attack of killing the victim.
o Contra: treachery can co-exist with praeter
intentionem
What are the elements of voluntary surrender?
o 1. Offender surrendered to a person in
authority or his agent
o 2. Offender surrendered before arrest is
effected
o 3. Surrender is voluntary, i.e., spontaneous
and coming from intent to acknowledge guilt
and save time/resources of authorities
o 4. No pending warrant of arrest or information
filed
What is the most important element of voluntary
surrender?

o The spontaneity of such and intent to give up

and unconditionally surrender to authorities.
How has this provision been applied by analogy
by the SC?
o Navalos v. P: Before being charged of
malersation, the accused returned the amount,
he was deemed to have voluntarily
surrendered analogous. The return of the
money must be spontaneous.
What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the
prosecution
Does this include extra-judicial confessions?
o No.
May voluntary plea of guilt and voluntary
surrender both be considered in one case?
o Yes. They are two separate and distinct
circumstances not arising from the same facts.
The offended party is entitled to two mitigating
circumstances.
What is the character of the plea of guilty?
o It must be unconditional and the accused must
admit to the offense charged.
What is relevant for the mitigating circumstance
of physical defects and illness?
o The defect or illness must relate to the offense
charged, because the defect must have

restricted his means of action, defense, or

communication with his fellow human beings.
o Ex. rape committed by a deaf and dumb man
on the girl of his dreams to whom he cannot
convey his feelings to
o But not when it was committed by a man with
a severed left hand, because it does not limit
his
means
of
action,
defense,
or
communication
What is necessary for illness that diminishes
willpower of the accused?
o It must only diminish and not deprive the
offender of the consciousness of his acts;
otherwise, it is an exempting circumstance
What are NOT examples of analogous mitigating
circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
What are some examples of analogous mitigating
circumstances?
o 1. Mitigated mental capacity of a battered
woman (decided pre-RA 9262)
o 2. Voluntary return of stolen goods

Art. 14: aggravating circumstances

37

What are the aggravating circumstances?

o 1. Advantage of public position

o 2. In contempt of or with insult to public

authorities
o 3. With insult or disregard of rank, age, or sex,
or in the dwelling of the offended party, if the
latter did not provoke
o 4. Abuse of confidence or obvious
ungratefulness
o 5. Committed in the palace of the Chief
Executive, or in his presence, or where public
authorities are discharging their duties, or in a
place of religious worship
o 6. Nighttime, or in an uninhabited place, or by a
band
o 7.
Committed during a
conflagration,
shipwreck, earthquake, epidemic, or calamity
o 8. With aid of armed men or persons who
insure/afford impunity
o 9. Recidivism
o 10. Reiteracion
o 11. Price, reward, or promise
o 12. By means of inundation, fire, poison,
explosion, stranding of a vessel, derailment of
locomotive, use of any artifice involving waste
and ruin
o 13. Evident premeditation
o 14. Craft, fraud, or disguise
o 15. Superior strength or means employed to
weaken the defense
o 16. Treachery

38

o 17. Ignominy
o 18. Committed after unlawful entry
o 19. Committed after breaking through a wall,
roof, floor, door, or window
o 20. With aid of persons under 15 years old, or
motor vehicles
o 21. Cruelty
Compare with mitigating circumstances:
o This list is exclusive, whereas in mitigating
circumstances,
there
are
analogous
circumstances allowed
o Aggravating circumstances must be alleged in
the information, mitigating circumstances need
not (since theyre matters of defense)
What are the types of aggravating circumstances?
o 1. Generic aggravating
Apply generally to all crimes
Can be offset by ordinary mitigating
circumstances
Increases penalty to maximum period
Are additional rapes or killing in the
case of robbery with rape or robbery
with
homicide,
for
instances,
aggravating?
No, its not enumerated under law
as such.
Its an anomalous
situation, but doubt is resolved in
favor of the accused.

P v. Hipol: The malversed amount was

so huge, that the Sol. Gen said that the
crime was already economic sabotage
and must be considered an aggravating
circumstance. SC: There is no such
aggravating circumstance as economic
sabotage. No matter how huge the
amount is, it is not aggravating
o 2. Qualifying circumstances
Cannot be offset by any mitigating
circumstance
Changes nature of crime
Must be alleged in the Information as
such new offense
No need to increase the penalty
because the change in the crime itself
has changed the penalty as well to a
higher one
Can qualifying circumstances not
alleged in the information but proved
in trial be appreciated as generic
aggravating circumstances?
No, due to the amendment in
Criminal Procedure
X was charged with homicide with
the
generic
aggravating
circumstance of treachery. Can the
trial court find him liable for murder?

39

No, treachery was alleged as a

general aggravating and not a
qualifying circumstance.
How many circumstances are needed
to qualify an offense?
Just one.
The rest become
generic
aggravating
circumstances.
o 3.
Special
or
specific
aggravating
circumstances
Apply to specific felonies; found outside
Art. 14
o 4. Inherent circumstances
Those already integral to the crime and
thus cannot aggravate the penalty
Ex. In the crime of falsification of
document by public authority, then
abuse of public position is deemed
inherent. Same with malversation and
other crimes by public officers.
What is the special aggravating circumstance
introduced by RA 7659?
o Committed by an organized/syndicated group
impose maximum penalty if the offense was
committed by any person belonging to an
organized or syndicated crime group (2 or
more persons collaborating or mutually helping
one another for purposes of gain in the
commission of the crime)

What are the special aggravating circumstances

introduced by RA 8353, Article 266-B?
o See crimes against persons: ex. victim is under
18 and rapist is relative, gave victim AIDS,
committed by AFP/PNP, etc.

Art. 14(1) advantage of public position

When is this present?

o When the public official uses the influence,
prestige, and ascendancy of his office to
realize the purpose.
o Tests under case law:
1. Offense is in relation to his office
2. He cannot commit the offense without
holding such public office
o Ex. jail guard who was able to use his position
to kill an inmate
When does advantage of public position not
apply?
o Does not apply if the public position is a
constituent element of the crime;
o Examples:
Crimes committed by public officers
Inherent in the crime of falsification by a
public officer of a public document
If the public officer could have committed the crime
anyway without the use of public position, it is not
aggravating.

40

o P v. Tabeon: If the accused given a gun by the

government by virtue of his position uses that
gun to commit homicide, the use of that gun is
an aggravating circumstance. He could not
have used that gun unless he was a public
officer.
o But see P v. Villamor: Where Villamor used a
gun officially issued to him by virtue of office
use of that gun was not an abuse of public
position. This is contrary to Tabeon.
o N.B. The later decision is Villamor, but Justice
Callejo agrees with Tabeon. Follow Villamor,
though,
Two policemen were in the police car. They
stopped and ordered a girl to enter the car. One
policeman stole the watch and wallet of the girl.
The policeman driving did not say anything. Both
were held liable for robbery. Did the aggravating
circumstance of taking advantage of public
position apply even to the driver of the car?
o Yes. He could have prevented the other
policeman from robbing the siblings. But he
did not. This was abuse of public position.
Is this a generic or special aggravating
circumstance?
o The use of ones public position in the
commission of a crime is a special aggravating
circumstance. (RA 7659, Sec. 23)

o Thus, it cannot be offset by generic mitigating

circumstances.
Art 14(2) with contempt of or in insult of public authority

What are the requisites of contempt/insult of

public authority?
o 1. crime committed
o 2. person in authority engaged in exercise of
public position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
A barangay captain was playing cards with some
people.
The accused shot him.
Does this
provision apply?
o No. First, the person in authority must NOT be
the victim per se, and second, he was not
performing his duty at that time. He was
playing cards.
o What if the crime was committed against
the person in authority?
Then it is direct assault.
This
aggravating circumstance does not
apply.
What if the crime was only committed in the
presence of an agent of a person in authority?
o This provision does not apply.
o Ex. If in the presence of a policeman, not
aggravating because the policeman is only an
agent of a person in authority.

Supposing a crime is committed in the presence

of a professor while the latter was performing his
duty?
o This is not aggravated. A teacher or professor
is only a person in authority under Art. 148 and
152 of the RPC (direct assault).
Is there an exception?
o RA 9165 a teacher or professor is a person
in authority for the purpose of enforcement of
the DDA.
o If you smoke marijuana in the presence of a
professor, the professor is a person in
authority.
In the national penitentiary, sometimes the
inmates feel bored and they kill each other. Is this
aggravating?
o Yes. Where the inmates killed another in the
National Penitentiary, this was in contempt of
public authority.

Art. 14(3a) insult to age, rank, sex

41

What
is
required
for
this
aggravating
circumstance to apply?
o There must be deliberate intent to insult or
show manifest disregard for the age, rank, sex.
Not merely because the victim is a female or
has a rank, this A.C. applies.
Can this coincide with passion and obfuscation?

o No, because the offender must have

deliberately intended to offend or insult the
offended.
The accused was conversing with the barangay
captain and the former killed the latter. May the
A.C. of rank apply?
o No. The mere fact that victim was a person
with a rank, such as barangay captain does not
necessarily mean its aggravating, absent
evidence that the killing was deliberately
intended to disregard or insult or threaten to
insult the rank of the victim.
What are further considerations for circumstance
of rank?
o The charge must not include rank as an
element. If the accused was charged with
complex crime of direct assault of PIA with
murder then the AC cannot be appreciated
because it is inherent.
o If the charge was just murder, then the AC
applies.
When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or
obfuscation,
o 2. when there is an amorous relationship
between the accused and the victim,
o 3. When there is a relationship of employeremployee,

42

o 4. When the sex of the victim is inherent in the

crime,
A 20-year-old man raped an 80-year-old woman.
The victim was the teacher of the accused in
grade 1. Key fact: victim was already retired!
Does insult to rank apply?
o Yes. The Fact that the offended party was
already retired did not diminish the respect due
her rank as his former teacher.
Do these this apply to crimes against property?
o No.
Not aggravating in crimes against
property.
o Examples of where insult to rank, age, sex
does not apply:
Robbery
Robbery with homicide since here, the
homicide was merely an incident to
robbery
[NOTE: the Escote doctrine applies to
treachery, not here.]
Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and
sex cannot be absorbed by treachery.
Treachery pertains to manner of commission.
Insult to age, rank, sex refers to relationship.
o Ex. The accused murdered a child 3 days old.
The SC appreciated the A.C. of age in
convicting the accused of murder.
Also

treacherous since the child cannot defend

himself.
o But see P v. Malolot: Accused hacked to death
an 11 month old child. SC HELD: A.C. of age
of victim DOES NOT apply, because it was
absorbed by treachery. (Justice Callejo does
not agree with this case. But Malolot might be
prevailing, being the newer case).
Art 14(3b) dwelling

Does dwelling apply when both parties live in the

same house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it
was not her house. The killer was the
houseboy, who also lived that house. The
laundrywoman had her personal room, and
the houseboy had his as well. Is dwelling
aggravating?
Yes. Although the offender and offended
lived in the same house, the crime is
aggravated by dwelling, because the
room was deemed a dwelling,
notwithstanding being in the same
house.
Each room although located in the same
house is considered a dwelling separate
and independent of the adjacent rooms.
What is considered as dwelling?

43

o Includes every dependency of the house and

every integral part of the house. Includes
staircase, enclosure under the house, and the
terrace.
If the person is stepping on the first rung
of stairs, then it is dwelling. But if he
has yet to step, not yet.
o To be considered as dwelling, it must be used
exclusively for rest and comfort.
Ex. the victim owns a building consisting
of two floors: ground floor is video shop
and 2nd floor is residence. The victim
was killed in the video shop. Here,
dwelling does not apply. The video
shop is not exclusively for rest and
comfort, even if in the same building.
What if the person is a squatter?
o Dwelling still applies. The law does not make
any distinction as to the validity of title over the
property.
What if the land is enclosed with a fence and the
person is outside the house but inside the fence?
o Dwelling does not apply.
When does dwelling not apply?
o If the victim gave sufficient provocation.
o What are the elements of sufficient
provocation?
1. Offended party gives provocation
2. The provocation is sufficient

is homicide and arson as separate crimes.

There is no special complex crime of homicide
with arson.

3. The provocation is immediately

before the crime
Does the offender have to actually enter the
house?
o No. The law does not require that the offender
must also be in the house. The offender can
shoot from outside the house and kill a person
inside it is still considered as dwelling,
Does dwelling apply in robbery?
o Distinguish:
o Dwelling is aggravating in robbery with
homicide or robbery with intimidation of
persons.
o However, in robbery with force upon things,
dwelling is inherent in the crime.
Is dwelling aggravating in arson?
o No. (PD 1613)
A person dies inside a building burned on
purpose. When is it homicide, and when is it
arson?
o Intent determines:
o 1. If the intent is to burn the house, then the
burning is arson even if a person dies.
Homicide is absorbed.
o 2. If the intent is to kill the person and the
burning was the means employed to commit
the crime, it is homicide.
o 3. If the intent is to kill the person, and the
house is burned to cover up the crime, then it

Art 14(4)
ungratefulness

abuse

of

confidence

or

obvious

What are the elements of abuse of confidence?

o 1. Offended party reposed trust and confidence
to offender
o 2. Offender abused this trust and confidence
What must be the character of the confidence
reposed?
o The confidence must be IMMEDIATE AND
PERSONAL such that it gives the accused
some advantage and makes it easier to commit
the crime.
o Ex. The mother of the victim had a common
law husband, whom the victim called papa.
Papa raped the daughter. This was abuse of
confidence, even if the relationship between
the mom and papa was illicit.

Art. 14(5) committed in a place of worship

44

What are contemplated here?

o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief
Executive
o 3. Committed in place where public officers are
discharging duties
o 4. Committed in place of worship

o Distinguish 1, 2, and 4 from 3:

For palace, presence of CE, and place
of worship it is enough that the offense
was committed in that place
For public officers in discharge of their
duties, it is necessary that the
performance of function is being done
How will this aggravating circumstance of place
of worship (and the like) apply?
o There must be intent from the outset to commit
the crime inside the place of worship. Here,
the accused did not intend to commit the crime
inside the church (she did not expect the man
to touch her thigh).

Art. 14(6) night time, uninhabited place, or by a band

If all three are present, are these separate

aggravating circumstances or only one?
o General rule: only one applies.
o Exception: These may be considered
separate and distinct if their elements are
distinctly
perceived
and
can
subsist
independently of each other, revealing greater
perversity.
What are the tests of night time?
o Subjective test when night time was sought
purposely to commit the crime.
o Objective test when nighttime facilitated the
commission of the crime

45

o N.B. The subjective and objective tests are

alternative. They need not concur. Either
tests application is sufficient.
o It is not enough that the crime was committed
in night time. There must be evidence that
night time was sought for, or the nocturnity
facilitated the commission of the offense
What if the moon is shining brightly or there is a
streetlamp illuminating the event?
o Then nighttime is not appreciable.
When is nighttime absorbed by treachery?
o If it is part of the treacherous means to insure
execution of the crime.
Otherwise, it is
separately appreciated.
What determines if the crime was committed in an
uninhabited place (despoblado)?
o It is not the distance, but the possibility or
impossibility of immediate aid to be obtained.
The more important consideration is if the
commission of the crime makes it possible for
the victim to receive aid.
o Ex. The distance is not so great, but one has to
climb up a hill to reach the house to render aid.
There is despoblado.
What is the burden of the prosecution?
o Prosecution must prove that the accused
chose the remoteness of the place to aid the
commission of the crime, or to conceal the
commission of the crime.

When is there a band?

o More than three armed malefactors (at least
four).
o Must all of them be armed?
Yes.
What is the test for armament?
o Any weapon which, by reason of its intrinsic
nature or purpose, is capable of inflicting
serious or fatal injuries.
What is the character of participation of the four
malefactors?
o The four armed persons contemplated in the
law must be principals by direct participation
for band to be considered. They must act
together in the execution of the crime.
There were four accused, and it was alleged that
they composed a band, in the information. Two
were acquitted. Is there crime by a band?
o Band is still subsistent even if two were
acquitted.
o DISSENT: No band.
What is the characteristic of crime by a band?
o Merely generic.
(Ex. robbery with rape,
robbery with homicide, physical injuries, etc.)
This means that this can be offset by a generic
MC.
o Contrast: Art. 266-B if rape is committed by 2
or more persons, the offender is sentenced

from RP to death (special aggravating

circumstance).
When is crime by a band a qualifying
circumstance, and not just a generic aggravating
circumstance?
o Only Article 294, pars. 3 to 5. This is robbery
with violation against persons.
o Recall:
Par 1: with homicide band is
aggravating
Par 2: with rape, intentional mutilation,
and lesiones graves resulting into
blindness, impotency, imbecility, or
insanity aggravating
Par 3 to 5: other kinds of robbery with
violence against persons band is
qualifying

Art. 14(7) calamity or misfortune

46

To what situations does this apply to?

o Conflagration,
shipwreck,
earthquake,
epidemic
o And other calamities and misfortunes
These must be similar to the
abovementioned, so it cannot refer to
acts of men
Distinguish from Art. 14(12):

o That refers to means of committing the crime.

This provision refers to crime committed on the
occasion of calamity or misfortune.

Art. 14(8) with aid of armed men

Requisites for aid of armed men?

o 1. Armed men or persons took part in the
commission of the crime directly or indirectly
o 2. Accused availed himself of aid of such men
or relied upon them when the crime was
committed
The armed men are accomplices who take part in a
minor capacity, directly or indirectly.
What if there is a conspiracy with the armed men?
o There should not be any conspiracy or the
armed men must not be principals.

Band

Armed men

All are principals

Accomplices

Organized
crime syndicate

At least 4 armed Number

men
immaterial
Crimes
specified

not Crimes
specified

At
least
persons

two

not Crimes are for

gain

Art 14(9, 10) recidivism, reiteracion

What are the different forms of habituality?

o 1. Recidivism
o 2. Reiteracion
47

o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements:
1. During trial for one crime
2. Has been previously convicted
3. By final judgment
4. Of another crime under the same title
in the RPC
o Important things to note:
At least two convictions one preceding
the other, and the preceding one must
have final judgment already
Both offenses must fall under the same
title in the RPC
No specific period between convictions
required
o What if the first offense is pardoned?
Still a recidivist because only the effects
of the crime were extinguished by
pardon, not the existence of the crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
o Elements:
1. The offender has previously been
punished (has served sentence)
2. First offense must have had a greater
or equal penalty;

3. Or two or more prior offenses with

lighter penalty
o Do they have to fall under the same title of
the code?
No.
Recidivism

Reiteracion

Previous conviction by final Previous

judgment
sentence

service

of

Under same title of the No need to be under same

RPC
title
No requirement as to One crime or greater
penalty in prior conviction
penalty or at least two
crimes of lesser penalty

What is habitual delinquency?

o Elements:
1. Within a period of 10 years from date
of release or last conviction
2. For falsification, robbery, estafa, theft,
serious or less serious physical injuries
(FRETSeL)
3. Found guilty of said crimes a third
time or oftener
o What is the nature of habitual delinquency?
It is special aggravating circumstance,
which imposes an additional penalty
(not just increase) which escalates with
the number of convictions. Thus there

48

will be two penalties: for the crime and

for the habitual delinquency.
As such, this cannot be offset by
mitigating circumstances
o Important things:
At least 2 convictions
The third conviction must be within 10
years from the second conviction. The
10 year period is counted from the date
of release if he had been released when
against convicted.
o Can one be a recidivist and a habitual
offender at the same time?
Yes, if he is convicted a third time for
crimes of estafa, robbery, or theft which
are within Title X of the RPC, or for
serious and less serious physical
injuries which are both within Title VIII of
the RPC.
What is quasi-recividism?
o Elements:
1. Offender previously convicted by final
judgment
2. Before beginning to serve such
sentence, or while serving it, he
commits a felony
o What is the nature of quasi-recividism?
It is a special aggravating circumstance
which must be alleged in the information

Cannot be offset by ordinary mitigating

circumstances
o Effect:
Penalize convict with maximum period
for the new felony committed
o What if during service of first conviction, he
reaches 70 years old or he completes
service of the first conviction after 70?
He is pardoned, unless he is a habitual
criminal or his conduct/circumstances
show he is unworthy of pardon

Art 14(11) price, reward, or promise

What must be given as price, reward, or promise?

o Need not be money.
When does this aggravating circumstance apply?
o But the inducement MUST be the primary
consideration by the principal by direct
participation.
If the offer is accepted, does the AC apply to both
offeror and offeree?
o YES. Both of them.

Art 14(13) evident premeditation

Art 14(12) explosives, poison, fire, etc.

o If used to commit ANY of the crimes in the

RPC and it results to injury or death of any
person, it is an aggravating circumstance
o Except in furtherance of political crimes, which
absorbs the use of explosives
o N.B. contrast this with illegally possessed
firearms, which only aggravates murder or
homicide
When do these circumstances cease becoming
generic aggravating circumstances?
o 1. When it is a crime in itself
o 2. When it is a means included in defining a
crime

Take note of COMADRE and MALNGAN (very

important cases)
Under RA 8294, when does the use of unlawfully
manufactured, acquired, or possessed explosives
aggravate?

49

What are the elements of evident premeditation?

o 1. Proof of time when the accused came up
with the determination to commit the crime
o 2. Overt act by accused showing he
determined to commit the crime and that he
clung to that determination.
o 3. Lapse of time between the determination
and decision to carry it out.
What is the essence of this aggravating
circumstance?
o Precedence of cool thought and reflection
How much time must elapse?

o The law does not give a formula. Each case

must be resolved on the extent of each factual
circumstance.
o P v. Beltran: There was only a lapse of two
hours from the decision to commit the crime
and the actual commission of the crime.
o Was there evident premeditation when one
wanted to kill X but he killed Y instead?
No. Because he did not intend to kill the
other guy.
But if one decided to kill any Ilocano or
anybody he encounters and he does,
this AC applies.
So the test is what the initial plan was
(whether it involved a specific person or
group) and whether the execution
matched the plan.
When is evident premeditation inherent?
o Evident premeditation is inherent in every
specific intent felony.
o Examples:
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters
When is there evident premeditation in robbery
with homicide, and when is there none?

o If in addition to the crime of robbery, the

accused intended to kill a person, evident
premeditation is aggravating.
o If he had no plan to kill a person, but he ends
up killing a person in the house who put up
resistance, there is no evident premeditation.
Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a
crime, and they decide to commit it, there may
be evident premeditation if the conspiracy
allowed the conspirators to ponder upon and
reflect on their decision to commit a felony.
o Differentiate:
1. instant conspiracy: has no evident
premeditation
2. non-instant conspiracy: time to reflect

Art. 14(14) craft, fraud, or disguise

50

Distinguish:
o 1. Craft cunning or intellectual trickery to
carry out the evil design
o 2. Fraud deceit, insidious words and
machinations
o 3. Disguise concealment of identity
What is the relationship of these with treachery?
o Treachery absorbs these.
Craft and fraud may be aggravating in robbery with
homicide, where the accused induced the victim to

o Can superior strength in this case offset a

mitigating circumstance?
No because it already lost its juridical
existence.

take them where the cows they supposedly wanted to

buy are found. But they ended up killing the victim.
o HELD: Aggravated by craft. Used intellectual
trickery.
Art 14(15) superior strength

Art 14(16) treachery

When is there superior strength?

o Offenders intentionally employ disproportionate
force to the means of defense available to the
offended party
Four accused were armed with a knife. One killed
the victim, but there was conspiracy. Only one
was armed. Does superior strength apply?
o Yes, still superior strength, because the victim
was unarmed.
Does superior strength apply in parricide?
o No, do not consider abuse of superior strength
in parricide. It is generally accepted that the
husband is physically stronger than the wife.
What happens when an aggravating circumstance
is absorbed by another?
o It loses its juridical existence.
o What is the relationship between treachery
and abuse of superior strength?
Generally, abuse of superior strength is
absorbed by treachery.
Abuse of
superior strength then loses its juridical
existence

51

For treachery to exist either as a generic

aggravating or qualifying circumstance, what two
conditions must apply?
o 1. Employment or means, manner, or method
of execution that would ensure the safety of the
offender from any defense or retaliation of the
offended party
o 2. Deliberate act of the offender or conscious
choice of the means, manner, or method of
execution
Shown through a) prior conduct of the
offender; b) relationship of the parties; c)
nature of the killing
May treachery be considered in carnapping with
killing of a person?
o No. Treachery is not aggravating in qualified
carnapping. Carnapping is a crime against
property, so treachery is NOT aggravating. (As
held in a case)
o Is this still true today?
NOT ANYMORE. Take note of P. v.
ESCOTE (see discussion below), which

appreciated treachery in robbery with

homicide.

P v. Escote
o Take note that before this case, the SC has
always been divided whether treachery can
apply to robbery with homicide. Those who
say no say that it cant apply because robbery
with homicide, which is a crime against
property.
o But here, J. Callejo decided to cite Spanish
SC decisions, stating that treachery may
aggravate the homicide part of that special
complex crime. So treachery applies.
o Why not qualifying?
The crime of robbery with homicide is a
unique crime in the sense that there can
be no robbery with murder. Homicide is
always used as a generic term, even if
the second component is actually
murder.
And even if the homicide was actually
just out of negligence, it can still be
robbery with homicide.
Is treachery qualifying in special complex crime of
kidnapping with murder?
o Yes. If the victim of kidnapping is killed with
treachery, it is a special complex crime of
kidnapping with murder.
o So treachery can apply, under the Escote rule.

Does suddenness of attack per se prove

treachery?
o No, Mere suddenness of the attack does not by
itself suggest treachery, unless the offender
used the suddenness of the attack as means
or method to ensure success of strike.
o Chance attacks or crimes done in the spur of
the moment, or those preceded by heated
altercation, are NOT treacherous
May treachery be considered if the wrongful act
done be different from that intended by the
offender?
o Treachery is present even if the victim killed is
different the one intended to be killed (because
what only matters is the means of killing).
o Treachery may be present in aberratio ictus or
error in personae, again because it is not the
intent but the means/method that matters.
What is the nature of killing by poisoning?
o Treachery is inherent in killing by poisoning. If
the offender poisoned the victim, treachery is
inherent.

Art 14(17) ignominy

52

What is ignominy?
o Circumstance pertaining to a moral order which
adds disgrace or obloquy to the material injury
caused to the offended party and tends to
make the crime more humiliating

Examples of ignominy:
o 1. The accused lighted a cigarette on the pubic
area of the victim which caused blisters.
o 2. When the accused focused his flashlight on
the genitals of the offended party, and he
examined it before he raped her in front of her
father.
o 3. Raped victim before her betrothed
o 4. Asking her to present her full nakedness
before raping her
In the Bacule and Sailan cases, where
respectively, the rapist tied a banana fiber around
his penis before the rape, or when the rapist
raped the victim dog-style, there was ignominy.
Does this still apply?
o No, these must be modified. Art. 266-A of
RPC: Decisions in Bacule and Sailan are now
amended. These are now acts of sexual
assault.
The accused after killing the victim cut off the left
leg and took the flesh from the legs and shoulders
of the victim. Is this ignominy?
o No, because the victim was already dead.

Art 14(20) with aid of minors under 15 years of

age/motor vehicles

Is the minor himself liable?

o No. Remember RA 9344 a minor under 15 is
absolutely exempt from liability
o So if he assists, then the minor is completely
exempt from liability
But the same is still an aggravating circumstance for
the offender of legal age.
When is use of motorized means of conveyance
aggravating?
o When the motor vehicle was purposely used to
facilitate the commission of the offense
o Not when used to escape

Art 14(21) Cruelty

Art 14(18-19) unlawful entry or breaking in

When is it inherent?
o 1. Trespass
o 2. Robbery with force upon things

When is there unlawful entry?

o When an entrance is through a way not
intended for such purpose
o Must be for purposes of entry and not escape
53

What is cruelty?
o Unnecessary physical pain in the commission
of the crime
What is the test?
o Whether the accused deliberately and
despicably augmented the wrong committed by
him by causing another wrong not necessary
for its commission, or inhumanly increasing the
suffering of the victim, slowly and gradually

contrary, the positive finding for drugs shall be

considered an aggravating circumstance.

Does the number of wounds per se determine

cruelty?
o No. It is the deliberate act of committing the
crime to cause unnecessary pain, not number
of wounds.
o Ex. 20 wounds inflicted rapidly is usually not
cruelty
o Ex. 20 wounds excruciatingly inflicted, where
the person savored the act, can be cruelty
There can be no crime of robbery with multiple
homicide, regardless of the number of victims.
But supposing for this reason of robbery, two are
killed, can we not consider the 2nd killing as an
aggravating circumstance analogous to cruelty?
o No. Notwithstanding how many people he
killed, there is no aggravating circumstance.
o The reason is simple: it is not among those
listed in Art. 14.

R.A. 8294

Special laws relating to aggravating circumstances

R.A. 9165

Supposing the accused was under the influence

of drugs and then he killed a person, may the
killing by that person under the influence of drugs
be considered an aggravating circumstance in the
commission of the crime?
o Yes.
Under R.A. 9165, sec. 25
notwithstanding provisions of law to the

54

P v. Comadre Justice Tinga said that 8294

amended Art 14(12), because usage of illegally
possessed firearms becomes an aggravating
circumstance. Tinga: if the person is in lawful
possession of the explosives, then he uses it, it is
QUALIFYING to murder.
Dissent of Callejo:
o Its absurd!
If illegally possessed only
aggravating. If legally possessed qualified to
murder! This is unjust.
o Use
of
an
unlicensed
explosive
is
AGGRAVATING. Because it says any crime in
the RPC. So that should include murder. It
shouldnt be qualifying.
If unlicensed firearm is used to commit murder or
homicide, it is merely an aggravating circumstance.
But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there
can be no offset.
Does illegal possession aggravate attempted or
frustrated homicide or murder?
o No. The law says homicide or murder. It must
be consummated. If the crime is merely
attempted or frustrated, the AC does not apply.

Under 8294, if one uses an unlicensed firearm to

commit a crime other than homicide or murder, then
the use of the unlicensed arm is neither a separate
crime nor an AC.
BUT that person must be
convicted for that other crime, before the usage of an
unlicensed firearm can be considered as either a
separate crime or an AC.
Does illegal possession of unlicensed firearm
aggravate robbery with homicide?
o No. The law is clear: only murder or homicide.
(Although there are SC decisions to the
contrary.)
Do the words homicide and murder include
parricide and infanticide? Or should it be read
strictly?
o P v. Mendoza murder is used in its generic
term.
It therefore include parricide or
infanticide, as the case may be.
o But one can argue that since the law only
mentions these two crimes, under pro reo, then
it must be construed in favor of the victim.
There is security guard of an agency. The agency
has license to possess firearm, but the guard
does not. The security guard used the gun to
commit murder. Is it AC?
o Yes, it is. Even if the employer was licensed
but the guard had no license to possess that
firearm, then RA 8294 applies.

An accused committed double murder (complex

crime). He used an unlicensed firearm. Is it
special AC?
o It should be. The law does not distinguish
whether it is simple or complex. But there is no
case yet.

RA 8353

When the accused raped the victim in the

presence of her parents and husband, there was
aggravating circumstance of adding ignominy. Is
this still applicable??
o Not anymore. In RA 8353, it is a SPECIAL
QUALIFYING circumstance.
(under the
enumeration)
R.A. 8353 is found in Art. 266-B of the RPC. The
crime of simple rape becomes qualified becomes
penalty of RP to death.
Did R.A. 8353 amend Art 14 of the RPC?
o Not really.
o In Art 266-B, the use of a deadly weapon to
commit rape is a special qualifying
circumstance which increases the penalty from
RP to RP/death. It is not an AC under Art. 14,
but under Art. 266-B and 266-C of the RPC.

Art. 15: alternative circumstances

55

What are alternative circumstances?

o Either aggravating or mitigating according to

the nature and effects of the crime and other
conditions attending its commission
o Only considered when they influence the
commission of the crime
What are the three alternative circumstances?
o 1. Relationship
o 2. Intoxication
o 3. Degree of instruction/education of offender
What is the scope of relationship under Article
15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
o What if the relationship is just between
step-parent and stepchild?
The relationship between step father
and step son is akin to that to an
ascendant and descendant and is
subject to AC of relationship.
BUT
relationship
between
step
grandniece and step grandfather is not
one of the relationships contemplated in
Art. 15 of the RPC, as with similar
examples.
o What about first cousins?

56

When the accused and victim are first

cousins,
relationship
is
NOT
aggravating.
o What about uncle and nephew?
No. Uncle and nephew/niece not
covered.
Is relationship an AC in rape?
o Yes.
o Relationship is aggravating in crimes against
chastity, including rape.
o While rape is now a crime against persons, it
does not lose its nature as a crime against
chastity, because for rape to be committed
there must be lewd design. Thus, relationship
is still an AC in rape.
o What is the effect of father-daughter
relationship in rape?
Its now a
special aggravating
circumstance under RA 8353. No need
to resort to relationship as an alternative
circumstance.
What if the imposable penalty becomes death?
o In crimes where the imposable penalty is
death, relationship shall not be deemed an AC,
regardless of the crime.
When is relationship aggravating and when is it
mitigating?

o Relationship is aggravating in crimes against

chastity, whether offender is of higher or lower
degree relative
o Relationship is mitigating in crimes against
property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a
felony, and affected mental faculties
o It is aggravating if there is habitualness or
intentional intoxication
What is the rule on education?
o Low education may be mitigating but never
aggravating
o High education may be aggravating but never
mitigating
o When is the high education of a person
aggravating?
When his education puts him in better
position than the ordinary offenders. Ex.
estafa by a lawyer
When is education ignored?
o 1. If the crime is basically wrong like parricide,
murder, rape, or robbery, it is immaterial
whether the offender is schooled or not.
o 2. Education has already been considered by
the provision such as abortion conducted by a
physician.

PERSONS CRIMINALLY LIABLE

May a private corporation, partnership, or

association or other juridical entity be criminally
liable?
o The general rule is that corporations are not
criminally liable because there is no criminal
intent.
o Except: when the law provides that officers or
employees are liable.
o Can both the employer and employee be
liable as principals by direct participation?
Yes, when the employee performed
consciously participated in the acts (ex.
illegal recruitment). He must know of
the illegality and still further the act.
o Trust Receipts Law P.D. 115 when violated
by corporation, partnership, or association:
penalty is imposed on responsible officers
o Labor Code ex. illegal recruitment (39-D)
same penalty
Who are liable?
o 1. Grave and less grave offenses: principals,
accomplices, accessories
o 2. Light offenses: principals and accomplies

Art. 17: principals

57

When do these provisions apply?

o These provisions only apply when two or more

people are acting criminally. Otherwise, its
just the principal.
When may a person be criminally liable as
principal by direct participation?
o Participation in criminal execution
o Carrying out the plan and directly participating
in the execution
N.B. There must be conspiracy, under
this usual definition
o But can there be principals by direct
participation without conspiracy?
Yes: the usual example of two people
attacking a cocky guy in a bar with prior
planning. The victim died due to two
bullets, one from each gun. There is no
conspiracy here, but both are liable as
principals by direct participation.
How about the mastermind? For him to be a
principal, does he have to commit an overt act in
the execution of the planned conspiracy?
o Enough to be held as co-principal through
conspiracy, as long as there is involvement in
the planning and commission.
What should the overt act consist of for principals
by direct participation?
o 1. Active participation
o 2. Or giving moral assistance to the other
conspirators

58

Mere presence
Exercising moral ascendancy
What is the general rule as to non-appearance?
o Deemed a desistance which is favored. Mere
participation in a conspiracy is not a crime,
because there is no act yet to carry it out.
When there is no criminal participation, there is
no liability.
o But see the exceptions for masterminds and
PDIs.
Can someone not be in the scene of the crime and
still be a principal?
o Yes. For example, there is conspiracy and one
is on look-out duty for policemen.
o For as long as the conspirators perform
specific acts that were coordinated pursuant to
the conspiracy.
X, Y, and Z conspired to kill V. All three stabbed
V. Is it a complex crime?
o No. There is only one crime of homicide, as
there is only one victim. The number of crimes
committed does not depend on the number of
co-conspirators.
If rape was committed by 2 or more persons, what
happens?
o Commission of rape by two or more persons is
a qualifying circumstance that requires
imposition of RP/death.

o Ex. The husband raped the victim, while the

wife of the accused held back the arms of the
victim.
HELD: The husband was guilty of rape
by direct participation, and the wife was
principal by indispensable cooperation.
Is it possible that two persons are conspirators
but are liable for different crimes?
o Yes.
o Ex. The private individual is liable for delivery
of prisoners, while the escaped convict is liable
for evasion of sentence.
o Ex. X and Y killed Xs wife. Y is liable for
homicide. X is liable for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if
only one co-conspirator killed the victim.
o Is it possible that one is liable only for
robbery but not robbery with homicide?
Yes, if one desisted before the homicide
was committed.
For instance, one
prevented the other from stabbing the
victim
o What about robbery with rape?
All the accused will be liable for the rape
committed by one of them, unless one
proves that he endeavored to prevent
the person from doing so.

59

o For these cases, one must perform an OVERT

act to prevent the commission of the other
crime. Mere silence or running away is not
enough disavowal.
How does one become a principal by direct
inducement?
o 1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear
o 2. Direct inducing another to commit a crime
Giving price, reward, or promise
Using words of command
What are the requisites to become a PDI?
o 1. Inducement made directly with intent of
procuring the commission of the crime
o 2. Inducement is the determining cause of the
commission of the crime by material execution
What is required for use of words, to become a
PDI?
o Must have actually moved the hands of the
principal by direct participation, the latter of
which has no other recourse but to obey the
command. This especially applies when the
PDI has moral ascendancy over the PDP.
Does the PDI need to be in the scene of the
crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the
above description?

o He is generally liable as an accomplice.

What if the person merely made carless remarks
not meant to be obeyed?
o He is neither a PDI nor an accomplice. He is
not criminally liable.
When does one become a principal by
indispensable cooperation?
o Direct participation in the criminal design by
another act without which the crime could not
have been committed.
What is the main distinction between the PDP and
principal by indispensable cooperation?
o For the PIC, he must perform an act different
from the overt act of the PDP; otherwise, he
also becomes a PDP.
Must the PIC be present during the planning stage
of the conspiracy?
o No. He may become a principal at the moment
of execution of the crime with the other
principals.
It can arise from implied
conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an
accomplice.
Is it possible that the PIC commits a crime
different from the PDP?
o Yes. An example is malversation through
falsification of public documents committed by
a public officer in conspiracy with a private

individual. The private individual may be liable

for malversation.
Can the PDPs acts be by dolo and the PIC, by
culpa?
o Yes. Ex. There was a bank employee with two
friends.
The friends made the employee
believe that a bank document was genuine,
which was approved by the employee without
needed diligence. The crime of the PIC is
estafa through falsification of commercial
document, by culpa.

Art. 18: accomplices

60

What are the acts of accomplices?

o Prior or simultaneous acts not indispensable
for the commission of the crime, and not overt
acts for commission thereof.
What are the requisites to be liable as an
accomplice?
o 1. Offender took part in the execution of the
crime by previous or simultaneous acts
o 2. He intended to take part in the commission
of the crime
At what point must the accomplice acquire
knowledge of the commission of the crime by the
PDP?
o After the PDP has reached a decision to
commit a crime. The accomplice does not
decide the commission of a crime. He just
agrees after the criminal resolution is
accomplished.

o If he was part of the decision to commit the

crime in conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he
also becomes a PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of
the crime and agree with the criminal
resolution. The conspirators decide, and the
accomplices merely concur and cooperate.
o The crime is performed by the PDP, while the
accomplice is merely an instrument of the
conspirators not members of the conspiracy.
May one be charged and convicted as accomplice
or accessory even before principal charged or
convicted? Or should the PDP first be convicted
before accomplice and accessory be charged or
convicted? What are their corresponding
liabilities?
o As long as commission of the crime can be
proven
beyond
reasonable
doubt,
determination of criminal responsibility of
accessory may be determined independently of
and separately from liability of the PDP.
o If the case against PDP is dismissed, the case
against accomplice or accessory must also be
dismissed because the liability of the latter is
subordinate to that of the PDP.
o But the dismissal of the case against the latter
does not necessarily result in dismissal of the
case against the PDP.

Art. 19: accessories

Who is an accessory?
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o One must have knowledge of the commission

of the felony, and he participates after the
commission by any of the acts enumerated in
Art. 19. His participation must not be that of a
principal or accomplice.
What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see
below).
What are the three acts of accessories in Article
19?
o 1. By profiting themselves or assisting the
offender to profit by the effects of the crime
o 2. By concealing or destroying the body of the
crime (corpus delicti), or the effects or
instruments thereof, in order to prevent its
discovery
o 3. By harboring, concealing, or assisting in the
escape of the principal, and
A. the accessory acts with abuse of
public functions OR
B. the accessory is a private individual,
and the author of the crime is guilty of:
i. treason,
ii. murder,
iii. parricide,
iv. or attempt to take life of the
Chief Executive,
v. or is known to be habitually
guilty of some other crime
When does the accessory participate?

o His participation comes after the commission of

the crime.
Does mere silence make one liable for the crime
as an accessory?
o No. It is not a crime to remain silent.
What is the corpus delicti or body of crime that
must be concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual
commission by someone of the particular crime
charged. It is either:
1. Proof of occurrence of a certain event
2. Some persons criminal responsiiblity
X, a policeman, witnessed the killing of V by K. X
failed to arrest K and even told K not to tell the
other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the
policeman to arrest the culprit and not to
conceal the commission of the crime by silence
or misleading statements. By his acts, he
abused his public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally
liable as an accessory under Art. 19 or as a
principal for fencing under PD 1612.
Prosecution has the option.
When does one become a principal for fencing
requisites?
o 1. The crime of robbery or theft must be
committed, and accused did not participate in
the commission thereof.
o 2. The accused then acquires the proceeds of
the robbery or theft, and he has actual

knowledge thereof or he should have known

the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway
robbery and brigandage)?
o Any person who directly or indirectly abets the
commission
of
piracy
or
highway
robbery/brigandage is not just an accessory
he is an accomplice to the principal of the
crime.
o The person who profits from the loot is charged
with Abetting Brigandage and is charged as an
accomplice (not just an accessory)

Art. 20: accessories exempt from liability

62

Who are the accessories exempt from liability?

o Those who are accessories vis--vis spouses,
ascendants,
descendants,
legitimate/natural/adopted brothers and sisters,
or relatives by affinity of the same degree
o When does it not apply?
To paragraph 1 (profiting from the
crime)
o [N.B. this listing is limited (not up to 4th degree
of consanguinity) and is the same scope as the
alternative circumstance of relationship]
X killed Y. X told his sister S to hide the body of
Y. X and S buried Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the
exemption is ties of blood between the PDP
and accessory.

o No.

What if a policeman furnishes the means for his

brother to escape with abuse of public position?
Is he exempt?
o He is. Blood-ties are more powerful than call
of duty. Moreover, the law does not distinguish
between private citizens and public officers.
What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may
be prosecuted under PD 1829 as a principal for
obstruction of justice. When convicted, the
penalty imposed is the higher penalty between
PD 1829 and any other law, including the RPC.
What are the acts amounting to Obstruction of
Justice?
o [preventing]
o 1. Preventing witnesses from testifying
o 2. Harboring or concealing the offender
o 3.
Obstruction
of
service
of
court
processes/orders or disturbing proceedings in
fiscal or Court
o 4. Solicitation or acceptance of benefit to desist
in prosecution
o 5. Using threats to prevent a person from
appearing in proceedings
o [misleading]
o 1. Altering or suppressing evidence
o 2.using fictitious name to conceal crime or
evade prosecution
o 3. Making or presenting false evidence
o 4. Giving false or misleading information to law
enforcement agents
Does PD 1829 provide the same exceptions as
Art. 20?

PENALTIES

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Offended party and accused agreed to fight; one

lost. He filed for a complaint for physical injuries.
Does the pari delicto doctrine apply?
o No. It does not apply to criminal cases. In
fact, two people can agree to duel, and if one
dies, the offender may be charged under the
RPC.
Does estoppel apply to criminal cases?
o No. The offended party is the State. Private
individual who sustained the damage is merely
the witness to the crime.
Can there be imprisonment at the discretion of the
court?
o No. It must be according to limits imposed by
law.
Did the SC circular giving preference to fines over
imprisonment for BP 22 and libel violations
amend the law?
o No. There was no abolishment of the penalty
of imprisonment.
May the favorable provisions of RA 7659
(Abolishing the DP) retroact to entitle the offender
to RP?
o Yes. Penal laws retroact in so far as they favor
a person guilty of a felony, as long as he is not
a habitual delinquent
o Even when there is already a final judgment
o Does this apply even to SPLs?

Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15
are automatically dismissed and referred to
appropriate diversion programs
o Those
already
serving
sentence
are
reassessed/reclassified
under
the
new
benevolent features of the law
o If the minor is no longer entitled to suspension
of sentence (Ex. reached 18 years old) and the
court resolves to impose the sentence, he can
still apply for probation
What if a penal law is repealed?
o Then the court has no more jurisdiction to hear
the case
o The offense never existed and the person who
committed it never did so.
o Exceptions?
1. Saving clause
2. The repealing act reenacts the former
statute
What is the effect of RA 8353 on Articles 23 and
344 which provide for pardon by the offended
party?
o Rape and sexual assault are now crimes
against persons.
o Thus, criminal action can only be commenced
by information filed by public prosecutor, and
not the private offended party.

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o If a crime is public, private individual cannot

pardon the crime or compromise it, unless
provided by law. In a criminal action, it is the
State that is the offended party; the private
individual is just a witness.
o Exception: RA 8353 marriage of offender
and rape victim
Shall extinguish criminal action
If already convicted, penalty imposed
will be extinguished
Note, however, that a husband can be
convicted for rape or sexual assault
against his wife.
Criminal liability may only be extinguished by law or
the grounds in Art. 89.
o A public officer is charged with RA 3019.
He returns the money. Will his liability be
extinguished?
No. It will not exonerate him from
criminal liability, but will extinguish his
civil liability. P v. Sandiganbayan
What are not considered as penalties?
o 1. Arrest and temporary detention of accused,
or detention due to insanity or imbecility
o 2. Commitment of a minor in institutions
Art. 80 was already repealed by PD
1603 and amended by RA 9344.
o 3. Preventive suspension from employment or
public office

o 4. Fines and other corrective measures

imposed by superior officials on subordinates
Refers to administrative sanctions in
administrative cases against public
officers and employees (imposed by
superiors)
Correlate the above enumeration with RA 6975, par.
4:
o If police officer or employee is charged for a
crime in a valid information, he may be
suspended during pendency of the case. This
is not a penalty, but just a means to facilitate
justice.
Correlate with RA 3019:
o When a public officer or employee is charged,
he may be suspended 90 days. This is not
deemed a penalty.
What is the effect of RA 9346 abolishing the death
penalty (and as clarified by P v. Bon)?
o 1. It retroactively benefited all those convicted
and being tried for the death penalty, which
has been abolished. It benefits even habitual
delinquents.
o 2. It does not affect RA 7659s provisions on
how the crime is committed; it just reduces the
penalty imposed by RA 7659 from death to RP.
o 3. It equalized the penalties of certain offenses
which used to be graduated. Examples:

65

Piracy (RP) and qualified piracy (RP to

death) are now both RP.
Kidnapping (RP to death) and
Kidnapping with Homicide or Rape
(mandatory death) are now both RP.
Destructive arson (RP to death) and
Arson with homicide (mandatory death)
are now both RP.
o 4. In graduation of offenses one or two degrees
lower, take out death from the scale as well.
o 5. It did not declassify the crimes as heinous.
Only the penalty imposed is affected.
When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of
judgment of conviction
o 2. If not in prison, from placement at disposal
of judicial authorities to enforce penalty
o 3. Other penalties not involving imprisonment
from day when he commences to serve the
sentence
When are detainees credited with the whole
duration of preventive imprisonment?
o 1. Full time, if the detention prisoner agrees to
abide by the same disciplinary rules as
convicted prisoners
o 2. 4/5 time, if he does not agree to abide by the
same rules
o When is there no credit?
1. Recidivists

2. Those convicted at least 2 times of

any crime
3. Upon summoned for execution of
sentence, they failed to surrender
voluntarily
o What if the period of preventive
imprisonment has exceeded the maximum
penalty allowed?
Immediately release, but continue with
trial or appeal
If its destierro, the maximum period is
30 days preventive imprisonment
o What is the remedy when the person has
reached the maximum penalty imposable?
Habeas corpus
o What if the convict is sentenced to RP or
life imprisonment?
He is still entitled to the benefits of this
provision.
What is the effect of penalty of perpetual or
temporary absolute DQ?
o 1. Deprivation of public office even if elected
o 2. Deprivation of right to vote or right to be
elected
o 3. DQ for offices or public employments and for
exercise of any rights mentioned
o 4. Loss of all rights of retirement pay or
pension for former office

66

o What is the difference between perpetual

and temporary?
In temporary, #2 and #3 only lasts until
term of sentence
What is the effect of perpetual or temporary
special DQ?
o 1. Deprivation of office, employment,
profession, or calling affected
o 2. DQ for holding similar offices or
employments
How long does #2 it last?
If perpetual, forever
If temporary, during term of
sentence
o What about perpetual or temporary special
DQ for the exercise of the right to suffrage?
Deprivation of right to vote or be elected
for public office (perpetual or temporary)
What is the effect of penalty of suspension from
public office, profession, calling, or right to
suffrage?
o These apply during term of sentence
o And if suspended from public office, cannot
hold an office with similar functions during
suspension
Is RP the same as life imprisonment?
o No. RP has a fixed duration and accessory
penalties, and is imposed by the RPC.

o Life imprisonment has no fixed duration, no

accessory penalties, and is imposed by SPLs.
What is the dual nature of temporary
disqualification and suspension?
o As principal penalty
Temporary DQ: 6 years and 1 day to 12
years
Suspension: 6 months and 1 day to 6
years
o As accessory penalty:
Follow principal penalty
Can a lesser offense absorb a graver offense?
o Yes. Examples are rebellion (RT) absorbing
murder (RP) when committed in furtherance of
the former. Forcible abduction (RT) absorbs
illegal detention of a woman (RP).
What is the nature of Reclusion Perpetua?
o RP is an indivisible penalty.
o There is no minimum, medium, or maximum
period.
o It is not affected by mitigating or aggravating
circumstances.
o So why does RA 7659 fix the duration at 20
years and 1 day to 40 years?
In order to avoid a lacuna because RT
caps out at 20 years. The provisions
discussing RP provide that at 30 years,
the offender is entitled to parole, while
service of penalty is at maximum 40

67

years. Thus, the period for RP has

become 20 years and 1 day to 40 years.
(It would be absurd to set it at 30 years
to 40 years, since there will be a gap.)
o What
is
the
minimum
period
of
imprisonment for RP?
30 years, after which the offender will be
eligible for pardon by the Chief
Executive. (Although there is nothing
preventing the Chief Executive from
pardoning the offender beforehand.)
o What is the number used in pegging the
three fold rule for RP?
30 years as well. Since that article
provides that when the culprit has to
serve at least 2 penalties, the maximum
duration of the sentence should not be
more than 3-fold the length of time
corresponding to the most severe
penalty.
What are the indivisible penalties?
o 1. RP
o 2. Perpetual absolute or special DQ
o 3. Public censure
What are the effects of indivisible penalties?
o Impose the penalty in its entirety
Even if there is a special aggravating or
two mitigating, it will not be affected.

o BUT if there is privileged mitigating

circumstance, it may be reduced by 1 or 2
degrees.
Exceptional situations:
o P.D. 818 Syndicated Estafa:
Maximum of crime is 30 years, which in
connection with the accessory penalties
shall be 30 years of RP
o People v. Canales imposed 40 years of RP,
with accessory penalties pertaining to death,
and cannot be pardoned until after 40 years
have passed.
How did the court reach this
decision?
Because under Art. 309 of the
RPC, theft is punishable by
maximum of RT. But for Art. 310,
qualified theft, penalty is two
degrees higher. This is death.
But the rule under Art. 74 is that if
the next higher penalty is death, it
becomes RP, with accessory
penalties of death. This is also
the reason why he cannot be
pardoned before 40 years have
lapsed, instead of 30.
N.B. Note, however, that Boado
believes that there is no more such

68

distinction now that the DP has been

abolished.
When a penalty of fine is imposed, what is the
order of payment of pecuniary liabilities?
o Read in conjunction with Art. 38 (order of
payment of pecuniary liabilities):
1. Reparation,
2. Indemnification,
3. Fine,
4. Cost of proceedings
o To whom is the fine given?
Not given to the complainant; it is given
to the State.
o Can accused use its cash bail bond to pay
his fine, if convicted?
Yes. The law does not prohibit him from
using his cash bail bond to pay his fine.
It is only meant to ensure his attendance
during the process.
Conflict of provisions leading to confusing rulings, if
the fine is exactly 200 pesos:
o In Article 9, P200 is a light penalty. In Article
26, P200 it is a correctional penalty.
o To harmonize:
When the issue is prescription of crime,
apply Art. 9.
When the issue is prescription of
penalty, apply Art. 26.

o Deprivation of the following rights

1. Parental authority
2. Guardian as to person/property of
ward
3. Martial authority
4. Management of property
5. Disposition of property by acts inter
vivos
So he can still make a last will
and testament
o Cannot appoint an agent to fulfill these tasks

What is preventive imprisonment for children in

conflict with the law under RA 9344, sec. 53?
o Any form of physical restraint imposed on a
child in conflict with the law including his
community service or commitment to a
rehabilitation center shall be considered as
preventive imprisonment.
o If the minor juvenile is imprisoned pending trial
he shall be credited with the service of the
sentence with the full time in which the child
was preventively imprisoned
Provided the child agrees with the rules
and regulations of the penal institution
If not, still entitled to 4/5ths of the time
Under Art. 104 of the RPC, the offender is civilly liable
to the offended party for restitution, damage,
reparation, and indemnification for consequential
damages. The liability of the accused (under Art.
104) covers civil liabilities or pecuniary liabilities. How
about the penalty of fine under Art. 38 of the RPC
in relation to Art. 39?
o It is also a pecuniary liability of the accused,
but it is a pecuniary penalty (and not a
pecuniary liability), because it is a penalty
under Art. 25 of the RPC.
o So it is still covered by the order of payment.
What is civil interdiction and what rights does it
cover?
o Accessory penalty that attaches to RP and RT.

Art. 39: subsidiary imprisonment

69

When is subsidiary imprisonment imposed?

o Subsidiary imprisonment can only be imposed
if the accused is penalized with a fine (either
alone or in conjunction with imprisonment), and
because of insolvency, he cannot pay the fine.
How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine confined until
the fine is satisfied under the conversion
Whichever is the least among:
1. 1/3 of his sentence term
2. 1 year
3. Quotient of fine divided by 8
pesos
o If penalty is just a fine

Subsidiary imprisonment must not

exceed 6 months for grave or less grave
felonies
Must not exceed 15 days for light
felonies
o If penalty is higher than PC, no subsidiary
imprisonment
Can the convict be ordered to serve subsidiary
imprisonment for failure to pay pecuniary
liabilities?
o No. The convict cannot be ordered to serve
subsidiary imprisonment for failure to pay
pecuniary LIABILITY; but he can serve for
pecuniary PENALTY.
If he is not insolvent, but he does not want to pay
the fine, can he choose to go to jail instead?
o No. The accused has no choice but to pay the
fine.
Will subsidiary imprisonment apply for SPLs?
o Yes. If the accused was convicted of a crime
defined by SPL, Art. 39 will still apply, taking
into account Art. 10 of the RPC.
Ex: Violation of BP 22
Supposing he was convicted for possession of
unlicensed firearm and sentenced to prison term
but he was insolvent. Subsidiary imprisonment?
o Yes. Again, Article 39 is consistent with Art.
10.

70

Must there be an express statement in the

dispositive
portion
imposing
subsidiary
imprisonment?
o Yes. Subsidiary imprisonment is a penalty.
There must be a statement in the dispositive
portion that if he is insolvent, he must serve
subsidiary imprisonment. Absent this specific
order in the dispositive portion, he cannot be
compelled to serve this. (Ramos v. Judge)
What is the financial standing of the culprit
improves?
o He has to pay. Subsidiary personal liability
does not relieve him from the obligation to pay
the fine in case his financial standing improves.
When can there be no subsidiary imprisonment?
o If the penalty is higher than prision
correccional, there can be no subsidiary
imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of
Prisons, supposing the accused is charged with 2 or
more offenses and there was 1 decision that
convicted him of all the charges. How do we
determine the 6-year limit?
o Where this situation exists, the 6 year period
limit shall be based on the total duration of the
penalties imposed by the court based, after the
joint trial, on the 3-fold rule under Art. 70 of the
RPC. If the totality of the penalties exceed 6
years, no subsidiary imprisonment shall not be

imposed, even if the penalty for each of the

crimes is less than 6 years.
What are the accessory penalties?
o RP and RT:
Civil interdiction for life or during period
of sentence as the case may be
Perpetual absolute DQ
o PM:
Temporary absolute DQ
Perpetual absolute DQ from right to
suffrage
o PC:
Suspension from public office
Suspension from right to follow
profession or calling
Perpetual special DQ from right to
suffrage
If imprisonment exceeds 18
months
o AM, Am:
Suspension from office
Suspension of right to suffrage during
term of sentence

Art. 45: forfeiture of the proceeds of the crime

Who has the power to order forfeiture of the

proceeds of the crime and the instruments or
tools used in the crime?

71

o Only the trial court which rendered conviction

of the accused may order this.
o But before the court may do so, the tools or
instruments must be presented to the court as
evidence.
Otherwise, the court has no
jurisdiction to order the forfeiture or destruction
of such.
o In case of bribery, the money used may be
forfeited in favor of the state.
What if the tool or instrument belongs to some
other person?
o The tool or instrument MUST belong to the
accused himself. If it belongs to some other
person and he has no involvement in the
crime, there can be no such declaration.
Does this provision apply to SPLs?
o Yes.
When may the court order destruction of the
items?
o If the items are contraband.
What is the rule under the Dangerous Drugs Act?
o Those subject of the crime, including proceeds
derived from drug trafficking, and even money
and assets acquired in violation of RA 9165
deemed and ordered forfeited in favor of the
government, unless belonging to third persons
without involvement of the crime.
o Exception to third person rule: if the items are
beyond lawful commerce still forfeited

o Under Sec. 20 of the same law, the proceeds

of the sale or disposition of the property
forfeited must be used to pay the expenses
incurred in the proceedings including cost of
the proceedings

Art. 48: complex crimes

When is there a complex crime?

o Material Plurality when a single act
constitutes two or more grave or less grave
offenses (delito compuesto composite
crime), or when an offense is a necessary
means to commit the other (delito complejo
complex crime proper)
What is the effect on the penalty?
o There is only one penalty, although there are
multiple crimes
o The more serious crimes penalty is imposed in
maximum period

Delito compuesto (first mode)

When is there delito compuesto?

o Either dolo or culpa
Ex.: person was convicted for reckless
imprudence resulting into homicide and
destruction of property
o The felonies resulting from the single act must
be felonies in the RPC
o If punishable under the RPC and an SPL, Art.
48 will not apply.
The offender may be

72

charged and convicted for both crimes,

separately without double jeopardy.
Ex. Estafa and illegal recruitment
Ex. Estafa and BP 22
Can Art. 48 apply if the constituent acts are less
grave felony and light felony?
o No, light offenses are not included (see
excerpt).
If under Art. 48, the maximum of the graver
penalty is imposed, is it a special aggravating
circumstance?
o No.
What if the accused is entitled to a generic
mitigating circumstance, will it offset?
o No, unless it is a privileged mitigating
circumstance.
Supposing one wants to kill another with
treachery, but there was abberatio ictus?
o Then the crime committed by the accused is a
COMPLEX CRIME.
o Attempted murder + murder
The accused stabbed the victim with a bolo, and
the bolo hit both the person and the person
behind him. The target died. What is the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just
SPI because there was no intent to kill him.)

The accused forcibly insert his penis into the

vagina of the woman and she sustained Less SPI
in her vagina. What is the crime?
o Complex crime of rape with LSPI
The accused stabbed his wife to death, and she
was 6 months pregnant at the time. What is the
crime?
o Complex crime of parricide with unintentional
abortion.
What is required for delito compuesto?
o The law is clear: a single act. But the SC
sometimes applied the single impulse test or
the single criminal intent test.
o Gamboa v. P, cited in P. v. Judge Pineda:
there must be singularity of the criminal act, not
singularity of the criminal impulse. Because
singularity of criminal purpose is NOT written in
Art. 48.
The SC applied single impulse test for the first time:
o X stole on the same occasion 13 cows. SC
held: one crime of theft even if there were 13
cows, applying single impulse test.
o Y took two roosters on one occasion. SC held:
one crime of theft because it was in response
to one criminal impulse.
In crimes against chastity, the SC adopted another
test: single criminal intent:
o X raped his niece at 10 am, and then again at
11 am at same grassy area. One crime of rape,

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even though committed in intervals of one

hour, because he was motivated by a single
criminal intent.
Y inserted private organ and raped the victim,
but he was not content; he also inserted his
finger at the same place and at the same
occasion. The accused is guilty of one count
of rape and 2 counts of sexual assault: same
place, same occasion.
Z inserted his penis into the vagina of the
victim and made several push and pull
movements but without removing his organ,
until he reached orgasm. Only one crime of
rape, because he reached orgasm only once
then he removed it.
W raped his niece once a day and inserted his
finger once a day, for 16 successive days in
different locations. Guilty of as many crimes of
rape and sexual assault equal to how many
times he inserted his organ and finger.
Reasoning: there could not be a single
criminal intent because each time he
committed the crime, was on different
days the accused was animated by
separate criminal intents on each
occasion.
V raped the victim for first time is the pig pen,
about 8 meters from the house. Then brought
her to the room and raped her again. Then

brought victim room of cousin, and raped

again. Brought her to kitchen, where he raped
her again.
There were separate criminal
intents because he raped the victim in different
places although the rapes were done
successively.
o What is the test then?
The place test
NOTE, however: P v. Escoton:
Convicted person for 5 counts of rape
even if it was in the same place, and at
the same night. Be forewarned that this
might be the new rule now (2010
decision).
What test will be applied for kidnapping? Single
impulse or single intent?
o Even if the persons were kidnapped on the
same occasion and place, there were as many
crimes of kidnapping as there were persons.
o Kidnapping with homicide, K with murder, K
with rape are all special complex crimes, and
not complex crimes under Art. 48 of the RPC.
Even if the homicide or rape is a mere
afterthought, this would be the crime.
o If the victim of kidnapping got raped, how
many crimes of special complex crime of
kidnapping and rape?

74

There are as many times of crimes of

kidnapping and rape as the number of
persons kidnapped and raped.
o What is the test then?
Number of persons
Will you apply the single criminal intent or
resolution test in mala prohibita?
o No. Lim v. P: X issued 3 bouncing checks on
the same occasion.
There are as many
violations of BP 22 as there were many
checks. The criminal intent or resolution test
does not apply because it is mala prohibita.
What about falsification of documents? Must one
apply the single criminal intent or resolution test?
o X convicted of only one complex crime of
estafa through falsification of three postal
money orders which she cashed in on the
same day. Since it was the same occasion, the
acts were considered as only one act of estafa
through falsification of commercial document.
o Y falsified three money orders separately.
Here, each act constitutes a separate crime,
because Y was animated by separate
impulses, in falsifying each voucher.
o Z, an employee of the SC, falsified the roll of
attorneys. Included 3 names. HELD: As
many crimes of falsification as there are many
persons.

o X antedates a public document, forges the

signatures therein, and changes its content.
Is he guilty for three counts of falsification
of the document?
No.
There was only one crime of
falsification
of
public
document,
although there were multiple modes of
falsification committed.
o Gamboa v. CA: There was no single impulse,
intent, or resolution test mentioned in Art. 48.
It mentions a single act.
o Compare to Ilagan v. CA: X is a real estate
agent who fraudulently collected from lot
buyers, but instead of turning over the
proceeds to the corporation, he kept them.
How many crimes of estafa did he commit?
As far as the lot buyers were concerned,
there were as many crimes of estafa as
the number of times the petitioner
fraudulently collected from the victims.
As far as the corporation is concerned, it
depends on obligation to account. If he
is obliged to account everyday and he
fails to do so, there are as many crimes
of estafa as the number of days he
failed to account. If he is obliged to
account every month, he is guilty for
every month he fails to account.
What is the rule for libel?

75

o Even if two or more persons were subject to

libel, if there was only one publication, there is
only one crime of libel.
What is the rule for adultery? Is is a delito
continuado (continuing crime)?
o Adultery is not a delito continuado. Each
sexual act is an offense.
Adultery is
consummated and exhausted at the time of
carnal union.
Crimes against persons:
o X and Y, constabulary officers, killed
around 50 people with guns. What is the
crime?
Convicted of complex crime of multiple
murder under Art. 48(1), applying single
impulse test.
N.B. the court just resorted to this
because they couldnt tell who killed
who.
o There were several killings inside Bilibid
prison. What was the crime?
Decision by J. Aquino: Multiple counts
of murder and multiple counts of
attempted and frustrated murder.
Again, the SC applied single criminal
impulse test.
Dissent by J. Makasiar: Read Art. 48
single act. It doesnt say single criminal
impulse.

On an MR: J. Aquino reneged,

considering J. Makasiar.
If it is
prisoners, apply Art. 48.
If NOT
prisoners, then separate crimes. This is
really strange.
o But what MUST be the rule, according to P
v. Pineda?
DO NOT APPLY SINGLE IMPULSE
TEST. Just read Art. 48: it requires a
single act.
o Several accused had automatic, high
powered guns and killed several people.
When they pulled the trigger, several
bullets shot out. What was the crime?
Complex crime of multiple murder and
multiple attempted murder. Although
several independent acts were done, it
was not possible to determine who
among them killed how many victims.
The accused showed a single criminal
impulse based on the statement my
gosh, di natin napatay lahat. The SC
also used conspiracy as basis.
o But see P v. Dalmacio: Armalite guns fired
successively, and explosives, killed several
and seriously wounded others. The accused
were guilty for as many crimes as how many
people were injured.
Malversation:

o There may be a complex crime of malversation

through falsification of official documents a
crime being done to commit another crime.
Can you apply Art. 48 to plunder?
o No. Plunder is unique. One cannot apply Art.
48. Although there maybe some predicate
crimes, only ONE CRIME is committed.
Article 48 does not apply to special complex crimes:
o Ex. robbery with homicide, robbery with rape,
robbery with intentional mutilation
o Ex. kidnapping with murder, kidnapping with
rape, kidnapping with homicide

Delito complejo (second mode)

76

When is there delito complejo?

o One felony is the necessary means to facilitate
or ensure the commission of another felony. If
one felony is indispensable to the commission
of another, then Art. 48 DOES NOT apply;
there is only one crime.
o Bottom line: Must be necessary but NOT
indispensable.
Is it possible that one is delictual and the other is
culpable felony?
o Yes.
o Ex. Cashed check on behalf of an impostor.
The employee of the bank did not bother to
check, since they are friends.

o Due to the employees failure to ascertain

identity of payee, there was Estafa through
falsification by culpa. The latter was the
means to commit the former.
o Why can a public document be falsified
through culpa?
Because for official or mercantile
documents, there is no need to prove
that there is intent to cause damage.
The intent to cause damage is only
required
for
private
document.
Therefore, there is no falsification
through culpa for private documents.
What about forcible abduction with rape: related
with Art. 342 and rape/sexual assault (Art. 366-A)?
o Take into account absorption of felonies. If the
intention was to rape, and the victim was
brought to a place in light of rape, then there is
rape only abduction is absorbed by rape.
o But there may be a complex crime of forcible
abduction with rape. What are these cases
where it not absorbed and when it is
absorbed?
Ex. Victim abducted and brought to
grassy area near her house, where she
was raped. Abduction was absorbed
since it was near her house.

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Ex. Brought to place 600m from her

house,
where
she
was
raped.
Abduction was STILL absorbed by rape.
Ex.: Abducted to place 100m from her
house forcible abduction with rape.
What is determinative?
SPECIFIC
INTENTION OF OFFENDER AND NOT
THE DISTANCE
o What if there was abduction, and then there
were three rapes done after?
The moment the first rape was
committed, then forcible abduction with
rape was consummated. So the second
and third rapes were SEPARATE
crimes. There is one complex crime,
two separate simple crimes. (This is en
banc decision.)
But there are some commentators that
say that the subsequent rapes must be
absorbed since abduction is a
continuing crime.
If the accused abducted two women at the same
time, and then raped both?
o Guilty of TWO counts of forcible abduction with
rape.
Can robbery with force upon things be taken
together with robbery with violence against
persons as a complex crime?

o Yes. The former can be a means to commit

the latter.
When does delito complejo not apply?
o 1. Indispensable to the second crime
o 2. Essential element or mode of committing
another felony
o 3. Merged with another crime
o 4. Felony is committed to conceal another
crime
A company officer falsified two private documents
to make it appear that there were two extra
employees, even if she really just kept the wages
for herself. Can one apply Art. 48(2) for estafa
through falsification of private document?
o No. There can be no complex crime of estafa
through falsification of a private document,
because the latter must have 1. Intent to cause
damage, and 2. Damage caused. For estafa,
the same elements must apply. The moment
the falsification was established by intent to
cause damage, the same element CAN NO
LONGER BE USED to establish estafa.
o The crime instead is falsification of private
document. If the estafa can be committed
without the falsification, the proper charge is
estafa. Art. 48 does not apply.
o If it is falsification of public or mercantile
document, can there be complex crime of

78

estafa through falsification of public

document?
Yes.
Is coup detat a political crime?
o Yes.
o Political crimes are those directly aimed
against the political order. Any common crime
committed in furtherance of a political crime is
absorbed.
o The common crimes are absorbed because
they are necessary to achieve the political
purpose.
o What about illegal possession of firearms?
Yes, it is absorbed. See RA 8294.
Art. 48 is for the benefit of the offender, under the
pro reo principle. How so?
o Because even if there are two crimes
committed, the law only punishes the offender
for one, although it is in the maximum period.
In the eyes of the law, the two crimes stem
from a single criminal intent this is less
perverse in the eyes of the law compared to
punishing him for two crimes.
o Does this apply to the second part of Article
48?
Yes, because the first act was only a
means done to commit the second
crime.
There is still one criminal
resolution.

o How did the SC reason this out in P v.

Hernandez?
Absorption in political crimes.
Read the dissent of J. Montemayor. He
said that pro reo should not apply to the
second
paragraph
because
he
committed two crimes, unlike in the first
paragraph.
The majority rejected this by pointing out
that both means were included in the
same provision. If the treatment for the
second paragraph must be different,
then it should have been placed in a
different provision.
How do you define grave and less grave offense?
o Grave: afflictive or capital
o Less grave: corrective
Does 48 apply if one crime is under RPC and one
is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa
and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the
ordinance violated.
Can there be a complex crime of arson and
homicide?
o No. Its either only simple arson or simple
homicide. NEVER complex. Look at intent.

What is the penalty for a complex crime?

o Penalty for the more serious crime, applied in
its maximum period.

Art. 49: penalty for error in personae

To which situation does Article 49 apply to?

o Only error in personae.
o N.B. aberratio ictus and praeter intentionem
both attract the application of Article 48
instead.
What is the penalty for praeter intentionem?
o 1. If the penalty for the felony actually
committed is higher than that which he
originally intended, the penalty of the latter in
its maximum period.
o 2. If the penalty for the felony actually
committed is lower than that which he originally
intended, the penalty of the former in its
maximum period.
o 3. If the act actually committed is an attempt or
frustration of another crime which has a higher
penalty if consummated, the penalty of the
attempt or frustration in its maximum period.

Application of penalties

What are the rules in reduction of the penalties

provided under law?
o Consult the following table:
Consummated Frustrated

79

Attempted

Principal

As provided

-1

-2

Accomplice

-1

-2

-3

Accessory

-2

-3

-4

What are the rules on reduction of penalties?

o 1. Single and indivisible penalty next lower
penalty
Ex. RP RT
o 2. Penalty is two indivisible penalties or one or
more divisible penalties imposed to their full
extent penalty next lower in degree as to the
lower divisible penalty
Ex. PM to RT PC
o 3. Penalty is one/two indivisible penalty and
maximum period of another divisible penalty
medium and minimum periods of the proper
divisible penalty and the maximum period of
the next lower
Ex. RT in maximum to Death PM in
maximum to RT in medium
o 4. Several periods corresponding to different
divisible penalties period following the
minimum prescribed and the two next following
Ex. PM in medium to RT in minimum
PC in medium to PM in minimum
What are the rules on MCs and ACs?
o 1. If the AC is taking advantage of public
position:

80

Impose penalty in its maximum

regardless of MCs
o 2. If the crime was committed by a person
belonging to an organized or syndicated crime
group (group of 2 or more persons
collaborating, confederating, or mutually
helping each other for purposes of gain in
commission of crime there must be an
organized group, and not just a conspiracy):
Impose penalty in its maximum as well
regardless of MCs
o 3. ACs and MCs which arise from moral
attributes of offender, private relations with
offended party, or other personal causes:
Will only aggravate or mitigate liability of
those to whom the circumstances apply
to
o 4. ACs and MCs which consist in the material
execution/means to accomplish the act
Will only aggravate or mitigate liability of
those had knowledge of them at the
time of execution or cooperation
Why are abuse of public position and crime by
syndicate/organized crime group special ACs?
o It cannot be offset by generic mitigating
circumstances
What is the rule for habitual delinquents?
o 3rd conviction:

o 3. AC only:
Maximum period
o 4. Some of both:
Offset, then apply the above 3 rules
o 5. Two or more MC with no AC:
Lower the penalty one degree, but
always in the proper period
What if there are 2 or more MCs, but
there is at least one AC?
No lowering by degree.
What if there are 2 or more ACs?
No increasing by degree. There
can only be reduction by degree,
not increase by degree.
Ex. if there are four mitigating
circumstances, once you use two to
lower the penalty by one degree, the
other two are not taken into account.
What if the accused is sentenced to
reclusion perpetua, has two generic
MC, and no AC. Can it be lowered by
one degree?
No. No matter how many MCs
there are, RP cannot be reduced
by degrees (except privileged
MCs)
o To which crime do these rules not apply to,
and what applies instead?

Penalty for last crime + PC in medium

and maximum periods
th
o 4 conviction:
Penalty for last crime + PM in minimum
and medium
th
o 5 conviction or oftener:
Penalty for last crime + PM in maximum
to RT in minimum
o What is the maximum period imposable for
habitual delinquents?
Cannot exceed 30 years, in any case
What is the penalty for impossible crimes?
o Arresto mayor or fine of 200-500
o There is some commentary that the penalty for
impossible crime does not apply for light
penalties (or else, the penalty for the
impossible crime would be greater than the
crime itself)
What is the rule for single indivisible penalties
(now, only RP)?
o Apply it in full, regardless of MCs or ACs.
o What is the exception?
Privileged MCs.
What are the rules applicable for MCs and ACs
when the penalty is divisible?
o 1. No AC, no MC:
Medium period
o 2. MC only:
Minimum period
81

To quasi-offenses under Art. 365.

Instead, the court will apply its sound
discretion for modifying circumstances
instead of these rules.
What to make of Art. 67 which applies to
incomplete exempting circumstance of accident?
o Article 67 is inoperative.
Apply Art. 365
instead, because incomplete accident is a
quasi-offense.
When do the regular provisions on calculation of
penalty not apply?
o For the privileged mitigating circumstance in
Art. 68 of minority (if 15-18 and acted with
discernment).
o But what if the minor commits a SPL, which
does not follow nomenclature of RPC?
The minor is not entitled to privileged
MC.
Ex. Life imprisonment in Illegal
Recruitment
What is the rule for incomplete justifying or
exempting circumstances?
o See discussion above when to reduce it by one
or two degrees. Take note that this is a
privileged MC and cannot be offset by ACs.

Penalty of fine

What two factors are considered by the court in

imposing fines within a range?
82

o 1. Presence of MCs or ACs.

o 2. Wealth or means of the culprit.
What are the scenarios?
o Either the law imposes a penalty of fine
o OR penalty of fine AND imprisonment
o OR penalty of fine or imprisonment
For example, what If the law provides for a penalty
of fine of not less than 50K to 100K, what can the
court impose?
o The court has discretion to impose a fine within
these bounds
Will you apply the ISL by analogy?
o No. It does not apply here.
If the law specifies penalty of fine OR penalty of
imprisonment (Ex. BP 22), can the court impose a
similar alternative penalty?
o No. The court must make a definite choice.
What are the rules in the increase or decrease in
the degree of the fine?
o Increase or reduce (as the case may be), the
maximum by 1/4th of the maximum amount.
But never change the minimum.
o Ex. 50K to 100K, and there is an AC, then it
can be 50K to 125K (1/4 of 100K), or 50K to
75K.
Can the judge impose a fine as a substitute
penalty to imprisonment?

o No. Fine cannot be used as substitute penalty

to imprisonment.
Penalty of fine is
independent from penalty of imprisonment.
Accused drew and issued a check to pay for an
obligation, but it bounced. He was charged for BP
22. During trial, accused paid the value of the
check. So there was no more damage to the
complainant, but the case was already pending.
May the accused be convicted for a fine still?
o Yes. Penalty of fine does not go to the
offended party but the State.
What if the penalty is death?
o Reduced to RP with no parole.
What is the rule on successive service of
sentences?
o 1. If they can be served simultaneously, then
do so.
o 2. Otherwise:
Follow respective order of severity,
serve them successively
What is the order of severity?
D, RP, RT, PM, PC, AM, Am,
destierro, perpetual absolute DQ,
temporary
absolute
DQ,
suspension, public censure
o What is the 3-fold rule?
Maximum duration of the sentence
cannot be more than 3-times the length
of time of the most severe penalty.

83

For RP, treat its duration as 30 years, in

calculating the three-fold rule.
o What is the maximum period for
sentences?
Always 40 years.
Do not include subsidiary imprisonment
penalty in the computation of 40 years.
What are the penalties that can be served
simultaneously with penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as
imprisonment?
o No.
Imprisonment must be served by the convict
successively, following the order of their severity, as
provided for by Art. 71
o 2nd sentence does not commence until after the
first expires.
What is the rule on execution of penalties?
o No penalty executed except by virtue of final
judgment

When can public censure not be imposed?

o If the person is acquitted, cannot anymore be
subjected to public censure.
Judge sentenced accused to 25 years RP; can he
be compelled to serve sentence?
o No. There is no such sentence as 25 years of
RP; just RP (indivisible).
o Remedy: writ of habeas corpus.
What if the convict becomes insane or an
imbecile?
o Suspend service of sentence and sent to
hospital for necessary treatment
o But the civil liability should still be enforced in
spite of insanity or imbecility of the person.
What is the nature of destierro?
o Not permitted to enter the places mentioned in
the sentence and within radius specified
which shall be from 25-250 KM from the place
specified.

Civil liabilities

A minor is exempt from criminal liability. Can the

minor be held civilly liable?
o No. The minor is also exempt from civil
liability.
The parents/guardians are civilly
liable.
o Relate with Art. 221 in Family Code:
Parents/guardians
with
parental
authority are civilly liable for the injuries
84

and
damages
caused
by
the
acts/omissions of minors living in their
company and under their parental
authority
Subject to proper defenses under law
Does a complex crime under Art. 48 automatically
mean there is only one civil liability?
o No. There are still as many civil liabilities as
crimes, because Art.48 is strictly a pro reo
provision in criminal law and does not extend
to civil liabilities.
Is the adopter civilly liable for the damage caused
by the adopted minor?
o Yes.
What are the requirements for the employer to be
civilly liable for damage caused by their
employees?
o The employee has to be insolvent.
Is a teacher liable for students acts?
o Only when engaged in industry.
Mere consulting doctors in a hospital negligently
left gauze in the stomach of a person they
operated on. Is the hospital liable?
o Respondeat superior because there was
control exerted by the hospital
o Are these consultants deemed employees?
Yes.
Because employer-employee
relationship is not determined by the
nomenclature of the relationship.

o For medical negligence cases, an employeremployee relationship exists between hospitals

and their attending physicians, including
medical consultants.
Ratio: The performance of these doctors
is evaluated by a peer review board
based on feedback from patients and
mortality statistics. The private hospitals
can hire/fire/exercise control over the
consultants.
The hospital is owned by a private corporation. Is
the private corporation civilly liable for the
negligence of the consultant-doctors?
o If a hospital is owned by a private corporation,
such corporation may be held liable on the
basis of corporate negligence or corporate
responsibility. As the owner of the hospital, the
private corporation is duty-bound to see to it
that the hospital meets the needs of the
patients, including close supervision over
medical staff, including consultants.
When can the employer be exempted from
subsidiary liability, or have it lessened?
o If there is collusion between employee and
private complainant, ex. the claim is inflated, in
order for the employer to have more liability.
In order for employer to be liable, what proof is
needed?

85

o There must be proof that the employee is

insolvent. This is proven through returns of the
sheriff.
o Can the employer challenge the sheriffs
returns?
Yes.
o At what stage of the proceedings can the
employer do this?
Upon the submission of the sheriffs
return.
If the employee is convicted based on reasonable
doubt, is there civil liability for the employer?
o Yes. The only time there is no civil liability is
when the court holds that the accused did not
commit the acts on which the charge was
based on.
What is the rule on registered vehicles?
o Regardless of who the actual owner of the
motor vehicle might be, the registered owner is
the operator of the same with respect to the
public or third persons. The owner on record is
the employer of the driver; the actual operator
and owner are mere agents of the registered
owner of the vehicle.
o The registered owner is subsidarily liable (not
the lessee), but the registered owner can
recover from the lessee.
When are civil liabilities applicable?

o Whether the offense is punishable by law or

not. (Because it can be based on contracts or
quasi-delicts). There may be victimless crimes
or crimes with victims.
What is the rule for civil liabilities arising from
criminal offenses?
o The moment the criminal action is instituted,
the civil action is instituted along with it.
Can there be civil penalties for crimes defined by
SPL?
o Yes; however, there must be evidence that a
party, including the government, sustained
substantial injury so that the accused may be
civilly liable.
If a crime is absorbed by another crime, can there
be civil liability in the absorbed crime, juridically
speaking?
o Yes.
Ex. for political crimes like rebellion,
sedition, etc. there can be murder or
rape. These are absorbed by the
political crime; nevertheless, there is
civil liability for these acts.
Ex. there is criminal liability for
homicide, even if absorbed by arson.
X issued a post-dated check in payment of a
current obligation.
It bounced.
How many
crimes?
o Two: BP 22 and estafa.

86

o Will X have to pay twice for the value of the

check, considering there is only one
check?
No. Even if there were two crimes,
there was only one check, thus there
should only be one payment of the
check.
What is restitution, and what are its rules?
o Must return the thing itself if possible, with
allowance for deterioration or diminution of
value
o What if a third person acquired a property
that was subject of crime?
Offended party can still recover the item
from that person
But the buyer in GF is entitled to
reimbursement from thief or criminal.
If the stolen property cannot be returned
anymore, what is the remedy?
o Value of the thing taken.
o When do you determine value? At time of
commission of crime or upon order of
return?
Rationale is to bring back the situation
to before the crime was committed.
Value of the property in the commission
of the crime must be the basis.
What is reparation?

o The court must determine the amount of

damage, taking into consideration the price of
the thing, if possible, and special sentimental
value to the injured party.
What other liabilities aside from restitution and
reparation?
o Under NCC, for one to be able to recover
actual damages, he must be able to prove by
documentary evidence the actual damages
sustained by him
o If he cannot prove actual value of actual
damages, what must one prove to be
entitled to temperate damages?
Claimant need not prove actual amount,
as long as there is proof that there is
loss.
Court may grant temperate damages, as
long as reasonable.
P v. Billaber: In a charge for illegal recruitment, the
money paid by the applicant (placement fee, etc.),
o 12% interest on the return of the amount paid
from time of filing of the case until the amount
has been paid.
Palana v. P: The petition was convicted for BP 22.
Ordered to pay to offended party the amount of check
with interest (6%) from filing of information until the
finality of the decision + 12% per annum from finality
of decision until the amount was paid.
What are the rules for actual damages?

87

o 1. For crimes and quasi-delicts liable for all

natural and probable consequences of the act
or omission
o 2. Liability may be increased or decreased
depending on aggravating or mitigating
circumstances
o What damages may be recovered?
Actual
or
compensatory,
moral,
exemplary, temperate, nominal, etc.
Reparation, restitution, indemnification
for consequential damages
Not only actually value lost, but also lost
profits.
Under what circumstances can moral damages be
recovered?
o 1. Crimes leading to physical injuries
Includes death
o 2. Quasi-delicts
o 3. Seduction, abduction, rape, or other
lascivious acts
o 4. Adultery or concubinage
o 5. Illegal or arbitrary detention, arrest, or
search
o 6. Libel, slander, or defamation
When are exemplary damages imposed?
o When a crime has one or more ACs,
exemplary damages may be imposed
In criminal law, an AC not alleged in the
information cannot be considered. Does the

same rule apply for ACs, which can be the basis

of exemplary damages under the NCC?
o No. The word aggravating in NCC should be
applied in its generic sense since it does not
distinguish.
Includes specific aggravating,
qualifying circumstances, etc.
These are
distinct and separate from penalty of fine in the
RPC.
o Even if not alleged in the complaint or
information, if proven = can lead to exemplary
damages. The rule is under the NCC and not
the RPC, after all.
o Ex. Even if treachery is a qualifying
circumstance under AR 248, it can be treated
as a generic aggravating circumstance for the
purpose of imposing exemplary damages
o May exemplary damages be awarded in
arson?
Yes. It is an anti-social act.
o Can relationship be the basis to grant
exemplary damages?
Yes. Relationship may be a basis for
granting exemplary damages even if it is
an inherent element of the crime (ex.
parricide).
When are temperate damages recoverable?
o The heirs of a deceased in homicide, murder,
parricide are entitled to actual damages, as
proved by requisite documentary evidence. If

the actual damages are not proved, the court

may prove temperate damages.
Check Annex 1 for detailed numbers on civil liabilities
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
Extinction of criminal liability

88

How is criminal liability extinguished?

o 1. Death of the convict as to personal penalties
For pecuniary penalties, if death of the
offender occurs before final judgment
o 2. Service of the sentence
o 3. Amnesty
o 4. Absolute pardon
o 5. Prescription of the crime
o 6. Prescription of the penalty
o 7. Marriage of offended party as provided in
Article 344 of the RPC
When does death extinguish the civil liability of
the accused and when does it not?
o When the civil liability arises from the criminal
act.
Civil liability of accused extinguished by
death includes duty to restitute the
proceeds of the crime.
o But civil liability predicated on a source other
than the delict survives. In this case, it can be
executed against the estate.
Contrast absolute pardon from amnesty:

o Pardon: does not look back; looks to the future

and is not retrospective
If he is pardoned and commits a crime
of the same title, he is still a recidivist
o Amnesty: everything is extinguished
o Pardon is a private act of the President and
must be proved by the accused, unlike
amnesty, where the court can take judicial
notice because it is a public act with the
concurrence of Congress.
o Effects on right to suffrage and right to hold
public office:
Absolute pardon granted by President
restores civil rights, but for these two
specific rights (suffrage and holding
public office), it must be specifically
granted by the pardon
What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both
offenders, in the crime of concubinage and
adultery.
o Offended party may pardon before institution of
criminal complaint.
o If there is conviction by final judgment, the
President may grant PARDON EVEN IF it is a
private crime.
When does marriage become a condonation?
o Under 8353, the marriage between offender
and offended party in rape or sexual assault

89

will extinguish criminal liability and the penalty

already imposed.
o So even if the marriage happened during
service of sentence, the penalty already
imposed is extinguished.
o Supposing there are 3 accused: principal
by direct participation, principal by
indispensable
cooperation,
and
an
accomplice if there is marriage between
principal by direct participation, does this
extinguish liability for the other accused?
Yes, they are benefited. This was the
intent of the Senate when they removed
the original proviso stating that the coprincipal, accomplice, and accessory do
not benefit (through Sen. Enriles
statement).
Suppose an accused made perjurious statements
in a petition for naturalization. He was found out.
He decided to withdraw the petition for
naturalization. Does this extinguish liability?
o No. This extinguishes merely the application
but not the liability for a crime already
committed
What is the amnesty period rule under BP 22?
o For BP 22, when a check was issued, there
were no funds. But when presented, there
already were funds No liability in this case.

o If there were still no funds when presented,

there is amnesty period for 5 days to pay. If
paid No liability.
Prescription of crimes

When do crimes prescribe?

o Death, RP, RT 20 years
o PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light offenses 2 months
o Libel and similar offenses 1 year
o Oral defamation, slander by deed 6 months
o N.B. Remember 20y-10y-2m as the usual rule;
then remember that the two mayors are 5y
less than their brethren. Remember, finally,
that libel and slander are 1 year and 6 months,
respectively.
If the penalty imposed on the convict is a
compound one, what is the basis for
prescription?
o The highest penalty.
What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years
What should be considered to determine whether
the crime has prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted

90

Act 3326: the law defining how to compute

prescription for crimes under SPL
o But there are SPLs that themselves provide for
manner of computing prescription
o Ex. OEC 5 years
What is the rule under Act 3326?
o Prescriptive period: from when it is known to
the offended party or to the State or agents
o If not known when committed, when
discovered by the offended party or the State
or its agents
What do you mean by offended party?
o Private party or government or its agents
When does the period start running?
o When crime is discovered by the offended
party, authorities, their agents
When is the period interrupted?
o 1. Counted when complaint filed for preliminary
investigation with public prosecutor or the
OMB.
What if its a crime punishable under
Summary Procedure?
When it is filed directly with the
court
Or when it is filed with the
prosecutor
o 2. Offender is outside the Philippines this
does not contemplate very brief trips abroad
When does the period resume?

o 1. When proceedings terminate without the

accused being convicted or acquitted
o 2. When proceedings are unjustifiably stopped
for reasons not imputable to the accused
How about continuing crime? When does period
being to run?
o Prescriptive period runs after the occurrence of
the LAST act.
Supposing a document is executed (ex. REM) and
it is falsified. When does the period run?
o For documents required to be filed with the
Reg. of Deeds, period begins to run upon filing
with the ROD.
But what is the rule for marriage?
o Prescriptive period should begin to run from
when State or agents or offended party
acquired actual knowledge of the second
marriage.
Unlike property registration,
registration of marriage is not constructive
knowledge of marriage.

Indeterminate Sentence Law

Prescription of penalties

o N.B. This differs from prescription of crimes in

the ff ways:
1. RT drops from 20 years to 15 years
2. Light penalties increase from 2
months to 1 year
3. Libel and slander have no special
periods
When does prescription of penalties start to run?
o The prescriptive period for penalties begins to
toll when the accused commits the crime of
evasion of service of sentence.
When is it interrupted?
o 1. Defendant surrenders
o 2. Defendant captured
o 3. Goes to foreign country where the
Philippines has no extradition treaty
o 4. Commits another crime before expiration of
period

What are the prescriptive periods for penalties?

o Death and RP 20 years
o RT, PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light penalties 1 year

91

What is the nature and purpose of the ISL?

o For benefit of convict, and to increase
economic contribution.
o Purpose: to individualize the administration of
Phil. penal law.
o Looks at convict as private individual, and
secondly as member of society as a whole.
o The State is concerned not only in protecting
social organization against criminal acts of

destructive individuals, but also in redeeming

the individual for economic usefulness and
other social ends.
What is the courts role under the ISL?
o Court must determine the maximum of the
indeterminate penalty, and then the minimum.
How is the maximum determined?
o Consider modifying circumstances. Note that
the privileged mitigating circumstances must
first be considered.
How is the minimum determined?
o Minimum is one degree lower than that
provided by the RPC.
o The minimum is within the whole range of the
next lower penalty, not necessarily in the same
period as the maximum penalty. Thus, the
period of the minimum and maximum need not
be the same.
o Minimum: court has unlimited discretion within
the range of the minimum of the penalty one
degree lower than the penalty imposed by law
Who cannot avail of ISL?
o [grave crimes]
o 1. Convicted and punished with death, life
imprisonment, RP
For
the
purpose
of
ISL,
life
imprisonment and RP are synonymous.
o 2. Committed:

92

Treason, misprision of treason, proposal

to commit treason;
Rebellion, sedition, espionage;
Piracy
o [personal circumstances]
o 3. Habitual delinquent
o 4. Escaped confinement or evaded sentence
o 5. Violated conditional pardon
o [too short]
o 6. Maximum term of not more than one year
o 7. Those already sentenced by FJ upon
passage of Act
Obviously not applicable now, since
those incarcerated then are now dead or
out of prison
Does ISL apply to fines?
o No, the ISL does not apply because it applies
only to penalty of imprisonment with divisible
penalty.
There are laws which expressly provide that the
convict is not entitled to the benefits of the ISL and
parole. Ex. terrorism law.
When can a straight penalty be imposed?
o When BOTH minimum and maximum durations
of imprisonment are less than 1 year (outside
coverage of the ISL). For instance, in this
case, the maximum was four months and one
day. The court imposed a straight penalty of
60 days.

What is parole?
o When the person serves the minimum of the
ISL, he may apply for parole. He will be
allowed to leave the penal institution under
certain conditions. (Ex. do not commit crime,
etc.)
o Offenders who commit crimes while on parole
are disqualified from ISL.
o This lasts for a certain period of time.
o If he complies with the conditions of the parole,
the Board of Pardons and Parole will give out
final release and discharge.
What if the offense is punished under an SPL with
a definite range provided for the penalty?
o The court still imposes an indeterminate
sentence, using the minimum and maximum
periods provided by the law as limits.

Probation Law

What are the conditions that should accompany a

grant of probation?
o Mandatory conditions:
1. Report to designated probation officer
within 72 hours after receipt of order
2. Report periodically to the officer at
least once a month or sooner, as
determined by the officer
o Discretionary: the court will specify these
What is a penalty subject to probation?

93

o Must not exceed 6 years (PC).

o Fine must not be 200 pesos or more.
Who are disqualified from probation?
o [Type of conviction]
o 1. Sentenced to maximum term of more than 6
years
o 2. Convicted of subversion or any crime
against national security or public order
o 3. Those who have perfected appeal
o [Had prior record]
o 4. Previously convicted by FJ of offense
punished by imprisonment not less than 1
month and 1 day and/or fine not less than 200
o 5. Once been on probation
o [Not likely to be applicable]
o 5. Already serving sentence upon effectivity of
probation law
Again, this is unlikely to apply now
Differentiate disqualification from denial:
o Denial is when a person is qualified for
probation but it is not granted because of, for
instance, dubiety in character.
o Note that probation is a privilege, not a right.
Even if you are not disqualified, it doesnt mean
you are automatically qualified.
What is the number one rule?
o if you file appeal, you lose benefit of probation.
If you file for probation, you cannot appeal.
When must application for probation be filed?

o Within period for perfection of an appeal.

What is the effect of probation?
o 1. The sentence is suspended
o 2. If the probation is violated, the entire
sentence is served
What is the rule on Probation of minors?
o If the minor is incorrigible, then he will serve
the penalty of imprisonment. But he is still
entitled to probation.
How did R.A. 9344 amend the Probation Law?
o Because normally if you appeal, you lose
probation. But under 9344, it is allowed.
X was sentenced for three crimes, tried jointly.
Each had less than a 6 year penalty. If you add
them all up, however, they exceed 6 years. Does
probation apply?
o Yes. By a vote of 8-7, the SC said he is entitled
to probation. The penalty for EACH crime is
considered, not all the crimes.
X was convicted of frustrated homicide (PM). He
appealed to CA, which affirmed, but with
modifications. He filed petition for probation but
was denied for appealing. He claimed he did not
appeal from CA decision. Is X entitled to
probation?
o No probation, because appeal that matters is
appeal from the trial court, not the CA.
What is the additional rule in RA 9372?

o Those who commit terrorism are not entitled to

probation.
What is the remedy if the court denied petition for
probation?
o If there was GADALEJ, the remedy is Rule 65
(Certiorari)
Soriano v. CA: In the probation that was granted, a
condition was that he has to submit a program of
payment for the civil liability. He did not pay. The
probation was revoked for failure to comply. Went to
the CA: unconstitutional because he is being
imprisoned for nonpayment of debt HELD: Wrong
contention!
Imprisoned for not complying for
condition of probation, not for nonpayment.

I: CRIMES AGAINST NATIONAL SECURITY

TREASON (114)

94

What is the nature of treason?

o Treason differs from other crimes, because all
persons are regarded as principals. Those
aiding or abetting, or even those not present in
the scene but playing just a small part are
considered principals.
o N.B. This is the only provision in the RPC that
is based on the constitution of the US (Art 3,
Sec 3), and not borrowed from Spain. This
includes the need to either have:
Testimony of two witnesses to the same
overt act

Or confession in open court

How can a person commit treason?
o 1. Levying war against the Philippines
o 2. Adhering to the enemy, by giving aid or
comfort
Why must there be an overt act of giving aid or
comfort?
o Requirement of overt act of giving aid or
comfort is to make sure that the crime of
treason has moved from the realm of thought
to the realm of action.
o In a case, does the mere act of X of letting
his German-aligned son stay in his house
constitute the overt act of giving aid and
comfort?
Yes.
What is the purpose of the two-witness rule?
o To prevent the possible fabrication of evidence
to prosecute a person. Quantity of witnesses
is not enough; the witnesses must be credible.
Each witness must testify to the same overt
act.
o What if the acts are separable?
If the acts are separable, there must be
at least two witnesses for each
separable act.
No need to have to prove the entire
composite act; enough to have
witnesses prove each component.

95

When is there no need for the two witnesses?

o If there is confession in open court, then no
need for two witnesses.
Is offering comfort women to enemy soldiers
giving aid and comfort?
o P v. Perez: Getting women to satisfy sexual
urges of enemy soldiers is not giving aid and
comfort to the enemy.
o P v. Lozano: Sexual and social relations with
Japanese soldiers do not materially improve
their war effort.
o N.B. J. Callejo disagrees. He thinks this is
giving aid and comfort to the enemy.
Can aid and comfort be made by speech?
o Yes. Aid and comfort may be made by speech.
Does the ISL apply?
o No. The ISL does not apply to treason. There
is a specific provision.
Is treason delito continuado?
o Yes. Delito continuado contemplates a series
of acts committed over time, but only instigated
by a single criminal resolution.
o Either a single act, or a series of acts impelled
by a single criminal intent.
Is dual citizenship a defense?
o No. Dual citizenship is not a defense. There
must have been a prior renunciation of the
Filipino citizenship, and if this is not done, one
commits treason.

Can treason be committed when a State is

occupied?
o Yes, as long as it remains the de jure
government, as when the Japanese occupied
the PI.
There are those who hid the principals in treason
or helped them by giving arms. Can there be
accomplices or accessories in treason? Or are
they all principals?
o As long as you performed an overt act, there is
an act of treason already. There can be no
accomplice or accessory in the crime of
treason.
Do exempting circumstances apply?
o Yes.
Article
12
defenses
APPLY.
(Uncontrollable fear, etc.)
o A minor who committed treason is still entitled
to privileged mitigating circumstance of
minority.
Are Articles 13 and 14 applicable to treason?
o No. The penalty does not depend on 13 or 14,
but on the nature of the crime committed. The
SC will not apply 13 and 14, and will just
assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the
country to the enemy.
o If you dont intend to deliver the country to an
enemy, then it is mere rebellion

96

Aliens may also be guilty of treason. Under what

circumstances?
o If they are residents of the Philippines,
because as resident aliens, they owe
temporary allegiance to the Philippines. While
they are here, they are under the protection of
the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It
may be incubated during time of peace, but
once war commences, treason may blossom
into a crime (only then).
What is the relationship between treason and
common crimes?
o Treason absorbs common crimes.
Is there a complex crime of treason with rape,
murder, etc.?
o No. It is a political crime, and thus absorbs
these other component acts.
These are
essential elements of the crime of treason;
without these, treason could not be committed.
What do you mean by levying war? Is the mere
assemblage of armed men with capacity to
overthrow the government enough or is there a
need to strike?
o Levying of war means an armed body of men,
committing acts of violence for purpose of
overthrowing the government.

o There must be an actual assemblage of men

for the purpose of executing treasonous design
by force. They must be in such a position that
they may overthrow the government. It is not
even necessary that they be armed by high
powered arms, but it is enough that they
constitute enough men to overthrow the
government.
o Mere conspiracy to overthrow is not enough
(see conspiracy to commit treason).
What is the second mode of committing treason?
o 1. Adhering to enemy
o 2. Through giving aid and comfort
o N.B. BOTH elements must concur. Without
one, there is no treason by the second mode.
He must translate this to overt acts.
There is difference in quantum of evidence to
prove adherence and to prove the overt act.
Explain.
o Adherence may be proved by direct or
circumstantial evidence.
o The overt act, however, must comply with the
two-witness rule, because treason is such a
heavy crime, in order to prove it, there is a
higher bar.
The offenders committed five overt acts. Must the
prosecution prove all five with two witnesses?
o No. They can prove even just one.
o But note that the witnesses must be credible.

Is the use of unlicensed firearms aggravating?

o No.

CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

Conspiracy or proposal to commit treason is a crime

in itself.
What if they actually commit treason?
o If they actually commit treason, these crimes
lose their juridical personality and become
mere modes.
Is this a war-time crime only?
o No. Conspiracy and proposal to commit
treason MAY be committed during time of
peace.

MISPRISION OF TREASON (116)

97

What is the nature of this crime?

o Felony by omission.
o Gravamen of crime: WILLFUL or MALICIOUS
concealment.
o It is a crime by dolo although a felony by
omission.
Elements:
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
How much time?
o Depends on circumstances.
Who can commit this crime?

o ONLY committed by Filipinos, not foreigners.

Thus, dual citizens, who are foreigners too,
may NOT be liable for misprision of treason.
o N.B. compare to treason itself: even dual
citizens can commit treason
Does the two-witness rule apply?
o No.
Differentiate this from accessories-after-the-fact:
o Misprision of treason is different from being an
accessory-after-the-fact. The latter hides the
principal. Misprision hides the conspiracy.
o Note though: This is moot because there are
no accessories in treason. This statement is
based on a UK case.
What is the punishment?
o Punished two degrees lower than treason,
since the person who committed misprision is
punished as an accessory to treason. But he
is still a principal of misprision of treason.

PROVOKING WAR AND DISLOYALTY DURING WAR (118-121)

ESPIONAGE (117)

o Consummated as long as there is intent; no

need to actually obtain. The mere entering
consummates the crime.
Is this a war-time crime only?
o No. It can be committed even in time of peace

Offenses:
o 1. Without authority, entering warship, fort, etc.
to obtain information, etc. of confidential nature
Relating to national defense
o 2. Possessing by reason of public office the
confidential information, etc. and disclosing
them to foreign representative
What is the nature of the first mode?

1. Inciting war or giving motives for reprisals

o By unlawful or unauthorized acts, provokes or
gives occasion for a war involving or liable to
involve the Philippines
o Or exposes Filipinos to reprisals
2. Violation of neutrality
o During time of war where the Philippines is not
involved, violates regulations of neutrality
issued by government
3. Correspondence with hostile country in
ascending degree of gravity:
o A. if correspondence was prohibited by
government
o B. if done through ciphers
o C. if the information is useful to the enemy
4. Attempt to flee to an enemy country

PIRACY (122-3)

98

What are the two modes of committing piracy?

o 1. Attacking or seizing a vessel on high seas or
Philippine waters

o 2. Seizing cargo, equipment, or personal

belongings or complement or passengers on
high seas or Philippine Waters
Who may commit piracy?
o The offenders must not be members of the
complement or passengers
What if they are members of the crew or they are
passengers?
o A. There is mutiny, not piracy, through:
Unlawful resistance to superior officer
or raising commotions and disturbances
on board
o B. If there is taking of the implements or cargo
of the vessel or the passengers, for them to be
liable under Art 122 or 123 they must not be
part of the crew or complement.
If they are passengers or crew
members, the act is ROBBERY under
the RPC Arts 293, 294
What are the Qualifying circumstances?
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to
save themselves
o 3. Attended by murder, homicide, PI, or rape
Physical injuries include frustrated or
attempted homicide. It must be used in
its generic term.
What is the effect of RA 7659?

99

o RA 7659 merely expanded Arts 122 and 123,

but under PD 532, there can be a separate
crime of Piracy in Phil. waters or high seas
from piracy in Phil. waters or high seas in Arts
122 and 123.
When does PD 532 apply then?
o PD 532 one must prove that the perpetrators
were purposely organized not just for one act
of robbery, but several indiscriminate
commissions thereof. There must be evidence
of similar attempts or takings before.
o If there is only one, either Article 122, 123 or
293, 294 (robbery).
What is the nature of piracy on the high seas?
o Its a crime against the law of nations.
o Piracy on high seas has two aspects:
1. Violation of common right of nations
2. Criminal liability of the pirates may be
imposed by municipal law of the
country, where found
Arts 122, 123:
o 122-3 makes mention of the complement of
vessel. Who are these?
Under Art 648 of the Code on
Commerce, these are all persons on
board, from the captain to the cabin boy
What is the relationship of piracy with the
common crimes committed to accomplish it?

o For these common crimes to be an element of

piracy, they must accompany the crime of
piracy. There is no complex crime of piracy
with rape, or murder, or PI. There is only one
crime of piracy. It is a single, indivisible
offense. Do not apply Art 48.
EVEN IF a lot of people died or were
raped, there is still one crime of piracy.
o But if these crimes were committed after the
piracy has been committed, they become
separate crimes.
Does the use of an unlicensed firearm (RA 8294)
qualify piracy?
o No. Even if they used unlicensed arms or
explosives, there is no violation of this statute.
Philippine waters is defined differently in PD 532, from
that in the Constitution:
o High seas: all parts of the sea not included in
the EEZ
o EEZ: not extend beyond 200 nautical miles
from shoreline
RA 9372 (HSA)
o Piracy in Philippine waters and the high seas
are predicate crimes of terrorism. If these are
committed for purpose of sowing terror in the
population, then terrorism is committed, with
these as predicate crimes.
o RA 6235 aircraft hijacking is a predicate
crime for terrorism under RA 9372 too

What are the punishable acts under RA 6235?

o 1. Compel a change of course of a Philippine
aircraft or seize control thereof while in flight
When is it in flight?
When all the external doors are
closed after embarkation.
o 2. Compel foreign aircraft to land in Philippine
territory or seize control thereof while in the
Philippines
o 3. Ship, load, or carry in public passenger
aircraft explosive, corrosive, flammable, or
poisonous materials
o 4. Ship, load, or carry in cargo aircraft any of
the same materials against regulations by the
Civil Aeronautics Association
What are the special aggravating circumstances
for the first two offenses above?
o 1. Firing upon the pilot, crew, or passenger of
the aircraft
o 2. Exploded or attempted to explode a bomb to
destroy the aircraft
o 3. Accompanied by murder, homicide, PI, or
rape (same as last ground of piracy)
P v. Catantan: There is crime under PD 532 even if
offender did not seize the vessel, but merely boarded
it and inflicted PI on the occupant or owner.

R.A. 9372 HUMAN SECURITY ACT

100

What is terrorism?

o Sowing widespread and extraordinary fear and

panic among the populace to coerce the
government to give into an unlawful demand,
and committing the following any of the acts
enumerated.
What are the enumerated acts?
o Under the RPC
1. Piracy or mutiny
2. Rebellion/insurrection
3. Coup detat
4. Murder
5. Kidnapping and Serious Illegal
Detention
6. Crimes involving destruction
o Under special law
1. PD 1613 law on arson
2. RA 6969 toxic substances and
nuclear waste act
3. RA 5207 atomic energy regulatory
and liability act
4. RA 6235 anti-hijacking law
5. PD 532 anti-piracy and antihighway robbery law
6. PD 1866/RA 8294 illegal
possession of firearms and unlawful
manufacture/use of explosives
Who are liable?
o 1. Principals
o 2. Accomplices

o 3. Accessories
o 4. Conspirators (even if not yet executed)
II: CRIMES AGAINST FUNDAMENTAL LAW
ARBITRARY DETENTION (124)

101

Elements:
o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
What is gravamen of the crime?
o Detention without legal grounds by public
officer or employee, of another person.
How do you distinguish this from kidnapping?
o Arbitrary detention: public officer or employee
vested with authority to arrest or detain another
person detains another without any lawful
cause.
o Kidnapping: offender is a private person and
the purpose is to deprive the victim of his or
her liberty.
Who are liable for arbitrary detention?
o Public officers or employees authorized to
detain another person.
o Ex. PNP, NBI, even judges acting in official
capacity
Who are persons in authority, or agents of
persons in authority authorized to detain?

o LGC, Sec. 338:

Punong barangay
Members of sangguniang barangay
Members of lupong tagapamayapa
N.B. They are persons of authority but
limited to their jurisdiction, in their
respective barangays. If they arrest
beyond their barangay, they are NOT
persons in authority under this provision.
o Art. 152
Barangay captain
Barangay councilman
Barrio policeman
o Forestry Code
District foresters are authorized to
enforce Forestry Code and may arrest
violators.
Forest officers or employees of bureau
of forest management they do not
even need a warrant of arrest to arrest.
o Sec. 44 of RA 9165 Dangerous Drugs Law
School
heads,
supervisors,
and
teachers are persons of authority, for
the purpose of enforcing the Dangerous
Drugs Law within school premises or
outside school premises in an official
school activity
o Are the members of the CAFGU persons in
authority?

102

Yes. They are authorized to carry

firearms, to complement the operations
of the regular force of PNP; they are
composed of civilian volunteers. Under
EO 264, they MAY arrest. So they can
be liable for arbitrary detention.
May a private person be liable for arbitrary
detention?
o Yes, but only if the private individual connives
with the person in authority.
What do you mean by detention?
o Psychological restraint and not just physical
restraint is enough for this provision, in
whatever form, for whatever length of time.
Ex. keeping a child in a room,
threatening her with a big gun
o Fear has been known to make people
immobile. This includes threats to kill, and
similar threats. This is equivalent to using
actual physical force to detain.
Take note of circumstances where people can be
arrested without a warrant (in flagrante delicto, etc.).
Failure to comply with these exceptions and yet
arresting without warrant is Arbitrary Detention. Usual
cause of Arbitrary Detention charge is arresting a
person without warrant.
o Ex. a person evading his sentence may be
arrested on the run without a warrant, because
he is committing an offense in flagrante delicto.

o David v. Arroyo: Mere fact that the accused

was wearing a t-shirt saying oust Gloria now
is not a reason in itself to be arrested for
inciting to sedition.
o P v. Lozada: Hot pursuit based on actual facts,
with the use of the senses of the policemen,
with reasonable basis to believe that the
person arrested is the author of the crime, etc.
Under the HSA, may a person be arrested for act
of terrorism, and for how long must the arrested
person be detained?
o Maximum of three days.
How may arbitrary detention be committed?
o Arbitrary detention may be committed by dolo
or culpa.
Ex. of culpa: Re-arresting a person who
was released by means of order of the
court.
May there be a complex crime of arbitrary
detention with PI?
o Yes. This happens when there is excessive
force in the arrest.
Are the periods provided in Article 124 essential
elements of the crime?
o No. These just provide a guide for calculating
the sentence.
What if a person arrested is later acquitted after
trial?

o This is fine. He need not ACTUALLY be

convicted as having committed a crime
enough to examine the nature of his deed and
how the officer at the moment characterized
the act. (Existence of probable cause)
ARBITRARY DETENTION

DELAY
PRISONERS TO JUDICIAL AUTHORITIES (125)

103

THROUGH

IN DELIVERY OF

Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial
authorities within proper time period
Under the HSA, what are the duties of those
conducting custodial investigation?
o N.B. More expansive than duties in RA 7438
(Act defining rights of persons under custodial
investigation)
o Before detaining a person after warrantless
arrest, he MUST first deliver the person to the
nearest office OR RESIDENCE of a judge, so
judge can:
1. Ascertain identity of officer and
arrested person
2. Determine circumstances behind
arrest
3. Check for torture, or other abuses
o Then, the judge delivers within 3 days to
nearest court with jurisdiction his report.

Does the law apply to crimes defined by SPL?

o Depends, if the penalties used follow the
nomenclature of the RPC.
How do you determine the imposable penalty?
o 12 hours light
o 18 hours correctional
o 36 hours afflictive
o (3 days under the HSA)
o What is the basis for the nature of the
crime?
What crime as it appears to the
arresting officer, and NOT what the
crime actually turned out to be.
What is delivery to judicial authorities?
o Means constructive delivery, which is time the
appropriate complaint or information is filed,
with the court for appropriate judicial
proceedings.
N.B. Not a Preliminary investigation.
(Theres a reason why resorting to
preliminary investigation requires waiver
of Art. 125 under Crim. Procedure)
Take note of rules on inquest. Art. 125
talks about those LAWFULLY arrested,
but there was no immediate delivery to
the courts.
The inquest must be terminated within
period stated in Art. 125. Or else, the

104

policeman will be liable under this

provision.
To whom must the detainee be delivered?
o MTC, RTC, Family Court, or SB
o Not to the CA, not to the SC. They are not trial
courts.
If there was no warrant of arrest or commitment
order, but the information or complaint was filed,
is there delivery?
o Yes.
Alvior v. Auguis: [Context: before, the MTC may still
conduct PI, but now they cannot under the amended
ROC.]
The person was lawfully arrested then
delivered to MTC, but the judge was not there. The
arresting officer did not release the detainee. He just
delivered to the clerk of court. HELD: Liable for
failure to deliver, because the clerk cannot conduct PI
anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or
Sandiganbayan there is agreement between
OMB and DOJ, where the DOJ can conduct PI
but they have to submit findings to the OMB.
How does Art. 12, par. 7 apply as defense?
o There can be defense of insuperable cause for
delay in delivery.
What about delay in delivery of a person arrested
lawfully by a private person?

o Delay in delivery of a prisoner arrested lawfully

by a private person amounts to ILLEGAL
DETENTION, not arbitrary detention.
Does Art. 125 apply to arrests with warrant?
o No. Article 125 only applies to warrantless
arrests.
What if the officer fails to comply with Article 125?
o Failure of officer to comply with Article 125
does not affect the legality of the confinement.

EXPULSION (127)

ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)

What is the penalty?

o Same penalty as 124, because failure to
release is tantamount to arbitrary detention.

What is the nature of this crime?

o Another crime by omission.
Acts punishable:
o 1. Officer delays release of arrested person
(either convict or detention prisoner) beyond
period provided.
o 2. Unduly delays service of notice of such
order to the prisoner
o 3. Unduly delays proceedings upon petition for
liberation
Proceedings mentioned in the article:
petition for habeas corpus
Offenders:
o Heads of jail or penal establishment
o Custodial guards
Who may order release of prisoner?
o Either the courts or the prosecutor, or the
director of Bureau of Prisons

105

When is one liable for expulsion?

o He must use force, violence, or other
measures to compel another to change his
residence against his will
Who can commit this crime?
o Can only be done by public officers or
employees.
o What if the person is not one?
If NOT authorized, then the crime is
trespass to dwelling.
Relate to RA 9165, Sec. 31:
o In addition to the penalty provided for in the
DDA, any alien who violates the provision must
be deported immediately without further
proceedings, except if the penalty is death
(although no more DP under RA 9346)
Under Probation Law: may the person be
compelled to change his residence?
o Yes. Sec. 10. The court may require the
probationer to reside in a place designated by
court, and may not change residence without
prior notice.
Marcos v. Manglapus: Heirs of the late President
Marcos are barred from returning to the Philippines.

What is the power of the President to deport?

o With respect to aliens, with respect to the
Deportation Board, the President has the
power to deport aliens.
What is the effect of an extradition treaty?
o If the Philippines has an extradition treaty with
another country, may compel a person in the
Philippines to be deported and extradited to
that other country.
HSA RA 9372 one charged with terrorism may be
granted bail, but placed under house arrest under
usual place of residence until further order of court.

VIOLATION OF DOMICILE (128)

May be violated through 3 modes:

o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
If all three of these modes are committed, how
many crimes are committed?
o Just one. Remember, these are modes and
not individual felonies.
Who may commit this crime?
o May only be committed by public officers or
employees with authority to arrest, or to seize
property of another.
o Article 128 does not apply to public officer or
employee who entered dwelling of another in
hot pursuit.

Is it possible that the consent of the owner of the

house is denied impliedly, and not expressly?
o Yes. It may be implied or express, in spite of
the laws language (without the previous
consent of such owner)
What if there is unusual ingress?
o If entry is made through a way not intended for
ingress, there is entry against will of owner
denial is implied
Owner: does this include lessee of the house?
o Yes. Residence under this provision is the
place where the person is habitually present;
and from where he departs and intends to
return.

SEARCH

WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN

SERVICE OF WARRANT LAWFULLY OBTAINED (129)

106

Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary
severity in executing legal search warrant
Does Article 48 apply in this instance?
o No. Remember: 129 is an EXCEPTION to Art.
48. When a public officer obtains maliciously a
search warrant by submitting a perjurious
affidavit or deposition, there are TWO crimes
committed
1. Perjury; and

2. Procurement of malicious search

warrant
o Basis of this statement is the phrase in
addition to the liability attaching to the offender
for the commission of any other offense
If the officer applied for search warrant without
probable cause, and uses the warrant to extort
money. Is the police officer liable for malicious
procurement?
o Yes. Because he was acting in BF. There was
malice.
o If the policeman applied for a warrant in GF,
but it was denied, there is no crime committed.
If officer knew deposition was false, but still
submitted it to obtain warrant, what are the
crimes?
o 1. Procurement of malicious search warrant
o 2. Art. 184 offering false testimony in
evidence
What is the liability of the one who made the
deposition and knew it was false, but still came up
with deposition?
o Perjury
Mode 2: when a search warrant was lawfully
obtained, BUT in the enforcement, the officer
EXCEEDED his authority.
o Usual example: the items seized were not in
the warrant.

o Exception: plain view. But if not in plain

view, he would exceed his authority.
Can an officer break open a door?
o Officer may break open the door, if he is
refused entry upon knocking and identifying
himself as an officer.
o Knock and announce rule in warrants,
BEFORE breaking a door.
o Breakage: includes lifting latch, unlocking
chair or hatch, turning knob, etc.
Does Article 129 apply to searches by employees
of the Bureau of Customs?
o No, because authority is based on Art. 2203 of
Tariff and Customs Code, in enforcement of
customs law.
o N.B. BOC officials do not possess authority to
do searches in domicile

PROHIBITION, INTERRUPTION,
MEETINGS (131)

107

DISSOLUTION OF PEACEFUL

Who can commit this crime?

o Only committed by public officers.
o If done by a private person, it is serious
disturbance/tumults (Art. 153).
What if it is committed by a member of the
meeting?
o Its not interruption of peaceful meeting. It must
be done by a stranger to the meeting.

o If done by a member of the meeting, it is unjust

vexation
Acts punishable:
o 1. Prohibiting/interrupting/dissolving peaceful
meeting without legal ground
If the meeting is not peaceful, it can be
broken up
o 2. Hindering persons from joining lawful
association or preventing them from attending
o 3. Prohibiting or hindering persons from
petitioning to authorities for correction of
abuses or grievances

CRIMES AGAINST RELIGIOUS WORSHIP (1323)

Interruption of religious worship

Offending religious feelings

R.A. 9745 (ANTI-TORTURE ACT)

Punishable acts:
o 1. Physical torture
Act imposed by a person in authority or
his agent upon a person in custody that
causes
severe
pain,
exhaustion,
dysfunction, or disability
o 2. Mental or psychological torture
Act imposed by a person in authority or
his agent which is calculated to affect or
confuse the mind or undermine a
persons dignity or morale

108

o 3. Other cruel, inhuman, and degrading

treatment
Act of deliberate and aggravated
treatment not falling under the two
above, imposed by a person in authority
or his agent upon a person in custody
causing
severe
suffering,
gross
humiliation, or debasement
o 4. Secret detention, solitary confinement,
incommunicado
Can torture or CIDT be justified by war?
o No. It is jus cogens.
Who are liable?
o 1. Principals (all three kinds)
o 2. Superior military/police official or senior
government official who gave an order
Liable as principal
o 3. Immediate commanding officer of the unit or
immediate senior public official who knew of
the torture/CIDT and couldve prevented it but
didnt
o 4. Accessories:
A. Profiting from torture/CIDT (knew of
it)
B. Concealing the torture/CIDT or
destroying effects/instruments
C. Harboring, concealing, helping the
principal escape
What are the special aggravating circumstances?

o
o
o
o

1. Torture resulting into death

2. Torture resulting into mutilation
3. Torture with rape or sexual abuse
4. Torture where victim became insane, an
imbecile, impotent, blind, or maimed for life
o 5. Against children
What is the nature of torture?
o It is a separate and independent crime. It
does not absorb and is not absorbed by any
other felony or crime committed as a means or
consequence thereof.
What is the applicability of the RPC?
o 1. It is suppletorily applicable
o 2. Any crime punished as a Crime against
Persons (Title 8) and Crimes against Personal
Liberty and Security (Title 9) and attended by
any of the acts constituting torture/CIDT are
punished in their maximum period.
So what is the dual nature of torture
(important)?
o Torture is both an aggravating circumstance
and a separate and independent crime in itself
Can torturers be subject to amnesty?
o No, by express provision, as to not depreciate
the crime

III: CRIMES AGAINST PUBLIC ORDER

Rebellion, sedition, disloyalty
REBELLION OR INSURRECTION (134)

109

What are the elements of rebellion?

o 1. Rising publicly and taking arms against the
Government
o 2. For purpose of removing from Phil.
allegiance the territory of the Philippines (or
any part thereof or naval/armed forces),
depriving the President or Congress of any of
its powers or prerogatives
Distinguish rebellion from insurrection:
o Rebellion overthrow government and
supersede it
o Insurrection minor change as to certain
matters in government or to prevent exercise of
government authority as to certain matters
What is the nature of rebellion?
o Insurrection and rebellion are both political
crimes.
o Involves any part of the country; or whole
country
o Can be private or public individuals
o Rebellion is a vast movement of people;
involving multitudes
Is rebellion a continuing crime?

o Yes. SC declared that rebellion is by nature, a

continuing offense, which differentiates it from
other offenses. It may be committed by a
single or a series of acts for achieving any or
all of the purposes stated in the RPC provision.
What must concur for rebellion to exist?
o For rebellion to exist there must be intent +
overt acts.
o Common crimes are absorbed by the political
crime.
o But even if the common crime is absorbed by
the political crime, there may be civil liability for
these predicate crimes. The liability under the
NCC is apart from liabilities in the RPC.
May there be frustrated rebellion?
o No. When the intent + overt acts are present,
the crime is consummated. There is no need
to achieve the goal.
o Likewise, no frustrated coup detat.
o No need for actual clash.
Is being a member of the CPP rebellion?
o No. Mere membership in CPP is not rebellion.
But being a member of the NPA, the military
arm of the CPP, constitutes rebellion.
Is subversion a crime?
o No more crime of subversion.
Rebellion is a crime against public order. What
about terrorism?

110

o It is a crime against national security and the

law of nations.
o There can be a crime of international terrorism;
it a crime much like international piracy, where
anyone may capture the suspected terrorist
anywhere.
Can there be a complex crime of terrorism with
rebellion?
o No. Rebellion is simply a predicate crime of
terrorism.
o Why is rebellion a predicate crime of
terrorism?
Because committing rebellion can sow
widespread fear.
In the same way, murder is a predicate
crime, because multiple murders or
maybe murdering one key person like
the President could cause widespread
panic or fear.
How is terrorism different?
o Terrorism is different because the purpose is to
achieve the illegal demand on the government.
It may be political, and it may not it may be
purely monetary.
What is the main difference between terrorism
and rebellion?
o For terrorism, there must be widespread panic
and fear; and there must be an unlawful
demand against the government.

NOTE: terrorism is a specific intent

crime, as with rebellion so there is a
difference in the
o In contrast, rebellion is merely a crime against
public order. Objectives: 1) remove allegiance
to government of the Phil. Territory or any part;
2) or deprive Chief Executive or legislative of
powers/prerogatives

COUP DETAT (134-A)

Elements of coup detat?

o 1. Swift attack accompanied by any of the
modes below,
o 2. Against:
A. Duly constituted authorities of the
Philippines
B. Any military camp or installation,
communications
network,
public
utilities/facilities for exercise of power
o 3. Carried out by military or police or public
officers
With or without civilian support
o 4. To seize or diminish State power
What is the nature of coup detat?
o Also a political crime
o Intent is to diminish State power (eminent
domain, taxation, police power)
What are the modes by which coup can be
committed?

o Violence, intimidation, threat, strategy, stealth

+ swift attack
Does it absorb common crimes?
o Some, but not all common crimes
o Is rape absorbed by coup?
No. Rape cannot be absorbed, because
it does not help forward the power of
diminishing power (unlike in rebellion,
where rape would help sow public
disorder.)
o What about murder in coup detat?
It can be absorbed, because it helps
further the intent.
o What about use of explosives?
Use of explosives is absorbed by coup
detat (RA 8294)
Is there a frustrated crime of coup detat?
o No. The moment there is intent + swift attack,
the crime is consummated, even if the purpose
is not achieved.
o There can be attempted coup detat, but not
frustrated.

CONSPIRACY AND PROPOSAL

INSURRECTION, OR COUP (136)

COMMIT

REBELLION,

Omil v. Ramos: Conspiracy to commit rebellion or

coup detat is a continuing crime. (Believe it or not,
according to J. Callejo)

DISLOYALTY (137)
111

TO

o If the listeners are incited to commit rebellion,

all of them, including the inciter, are ALL
principals for the crime of rebellion
Inciter PDI
Listeners PDP

When is there disloyalty?

o 1. Failed to resist a rebellion by all the means
in their power
Mode: crime of omission
May invoke Art. 12 (fear, force,
intimidation, etc.)
o 2. Continuing to discharge functions
o 3. Acceptance of public position
Is motive material?
o Motive of public officer is immaterial; whether it
is gratuitous or not
When does disloyalty lose juridical existence?
o If the officer commits overt acts of rebellion
(e.g., he continues discharging his office and
he commits murder or malversation to help the
rebels), then the crime becomes rebellion, not
disloyalty

SEDITION (139)

INCITING TO REBELLION OR INSURRECTION (138)

What is the punishable act?

o Writings or speech must be done with intent to
induce the readers or listeners to commit
rebellion or insurrection
What if the listeners do not act upon the
incitement?
o If the listeners are not incited, they are not
guilty of any crime. But the person speaking is
guilty for inciting.
What if the listeners are incited to rebel?

112

What is sedition?
o Sedition is the raising of commotion or
disturbance in the state; revolt against
legitimate authority, public corporation, social
classes, etc.
o Ultimate objective: violation of the public peace
Elements of sedition?
o 1. Rise publicly and tumultuously
o 2. To obtain by force, intimidation, or other
illegal methods
o 3. Any of the following motives/purposes
discussed below
Key term:
o Publicly and tumultuously
o What is tumultuously?
Full of public commotion, or uproar.
Essence: intent + tumultuous uprising
o When is there public uprising?
Tumultuous public uprising more
than
Is it a public crime?

o Yes. Sedition is a crime against public order

and the tranquility of the general public
When is the crime consummated?
o Again, the crime is consummated upon
concurrence of intent + overt acts.
Motives:
o [Preventing exercise of functions of execution
of law]
o 1. Prevent promulgation or execution of and
law, or holding of popular election
o 2. Prevent National, provincial, or municipal
government or officer from exercising functions
or preventing execution of AO
N.B. no barangay official in the
enumeration
o [Act of hate or revenge]
o 3. Inflict act of hate/revenge upon person or
property of public officer or employee
Contrast with direct assault: here,
there is tumultuous public uprising
o 4. Commit act of hate/revenge against private
persons or social class, for political or social
end
o [Despoiling]
o 5. Despoil any person, municipality, or
province, or National Government of all its
property or part thereof, for political or social
end
What laws are included in par. 1?

113

o Laws in general, even political in nature, as

well as civil and criminal laws; ordinances of
municipal or provincial boards
Who are the officers included in par. 2?
o Includes judges and justices, and constitutional
officers;
municipal
council,
provincial
government or board
o BUT NOT barangay officials or council
Although they are included in par. 3
In both rebellion and sedition, there is a public
uprising. What is the difference?
o Rebellion to achieve political purpose, they
take up arms
o Sedition as long as tumultuous; they do not
take up arms, because they do not intend to
overthrow the government
o three persons who are armed participating
therein
What are crimes of hate/revenge in paragraphs
3/4?
o Crimes against persons (murder, etc.)
o Crimes against property (arson)
o Victim may be private or public officials,
whether of national or local government
What about crimes of murder, homicide, PI, arson,
committed by those committing sedition are
these absorbed?
o NO! They are not absorbed. Neither are these
complexed. DO NOT apply Art. 48

o They are are separate and independent crimes

Ex. P v. Cabrera- guilty of sedition, and
murder as separate crimes
o N.B. Differentiate from rebellion or coup which
allows absorption. Neither rebellion, coup, or
sedition allow complex crimes.
When can there be a complex crime involving
sedition?
o Sedition and Art. 143/144 (prevention of
meeting of board/Congress)

Crimes against popular representation

ACTS

No crime of proposal to commit sedition; just

conspiracy

INCITING TO SEDITION (142)

PREVENTING MEETING OF

CONGRESS

AND SIMILAR

BODIES (143)

CONSPIRACY TO COMMIT SEDITION (141)

Article 142 punishes also those who conceal

such evil practices (inciting to sedition). What
does this imply?
o Concealing such evil practices is not an act of
an accessory in this case, but an act of a
principal.

Does freedom of speech include inciting sedition?

o No. Freedom of speech does not protect
inciting to sedition
Punishable acts:
o 1. Inciting others to commit acts of sedition
o 2. Uttering seditious words or speeches
tending to disturb public peace
o 3. Writing, publishing, circulating scurrilous
libels and government or authorities tending to
disturb public peace
o N.B. For #2 and 3, no need to have any of the
enumerated purposes

Elements?
o 1. Through force or fraud
o 2. Preventing the meeting of the Congress, any
of
its
subcommittees/subdivisions,
constitutional
commissions,
or
provincial/city/municipal board
Meeting of barangay council is not
included here
Liable for grave coercion under Art. 286
May be committed by public officers or employees

DISTURBANCE OF PROCEEDINGS (144)

114

Two modes of committing this crime?

o 1. Disturbing the meeting of the bodies
enumerated, or
o 2. In the presence of any of such bodies
enumerated, behaving in a manner as to
interrupt proceedings or impair due respect

Who must commit this crime?

o Offender must NOT be a member of the body
disturbed; he must be a stranger to the
deliberative body
N.B. Again, barangay council meeting not covered by
this provision
Can there be a complex crime?
o Yes. If they commit crimes of violence like
homicide to disturb the meeting, there CAN be
a complex crime under Art. 48

Illegal assemblies and associations

ILLEGAL ASSEMBLIES (146)

VIOLATION OF PARLIAMENTARY IMMUNITY (145)

o Ex. If a congressman is in possession of lowcaliber gun, he is protected (since this is up to

6 years only)
o Ex. But if the gun is high caliber, he is not
immune (this is prision mayor)
They are also immune from searches under this
provision. But it is not in the Constitution.

Elements of first mode?

o 1. Through force, intimidation, threats, fraud
o 2. Prevent a member of Congress from:
attending session or meeting
expressing opinions or casting vote
Elements of second mode?
o 1. Public officer or employee
o 2. Arrests or searches member of Congress
o 3. While Congress is in regular or special
session
o 4. Unless the crime committed is more than 6
years
Correlate with the Constitution:
o Art. 145: amended by 1987 constitution.
Parliamentary immunity only applies up to
prision correctional (the provision says prision
mayor).

115

Two forms of this crime :

o 1. Meeting conducted for the purpose of
committing any crime punishable under RPC
AND there were armed persons
o 2. Meeting where audience is incited to commit
treason, rebellion/insurrection, sedition, or
direct assault
Whether armed or not
Who are the leaders or organizers of illegal
assemblies?
o May be determined by their speeches,
publications, pamphlets, banners, leaflets
indicating roles and responsibilities
If there is one with an unlicensed firearm, and he
attended an illegal assembly, is he liable for RA
8294?
o No, because he is committing another crime.
So he cannot be guilty of violating RA 8294.

o 2. The person will be considered a leader or

organizer of the meeting (and is punished PC
instead of AM)

Under the first form, a meeting with presence of

an armed person to achieve a crime in the RPC is
proscribed. If they ACTUALLY commit the crime,
what happens to illegal assembly?
o It loses its juridical existence. It becomes a
mere preparatory act.
What about the second form?
o It is a point of disagreement as to the liability of
the person who incites the commission of
treason, rebellion/insurrection, sedition, or
direct assault:
Some say the crime is inciting to
rebellion or sedition
BUT the problem is, it is an element of
illegal assembly (146), so how can one
commit inciting to rebellion or sedition?
o J. Callejos opinion:
If the inciter is NOT a member of the
assembly (an outsider) he is liable for
inciting.
If the inciter is a member the
government has two options to charge
with:
1. Illegal assembly, or
2. Inciting to rebellion or sedition
What is the presumption if one carries an
unlicensed firearm to the meeting?
o 1. Presumed that the purpose of the meeting is
to commit violations of the RPC

ILLEGAL ASSOCIATIONS (147)

What are the two types of illegal associations?

o 1. Totally or partially organized to commit any
of the crimes in the RPC
o 2. Totally or partially organized for some
purpose contrary to public morals
What are public morals?
o Estrada v. Escritor: those which are
detrimental or dangerous to conditions helpful
for the advancement of society
o Not religious morality, but secular morality.
What was added by RA 9208 (anti-trafficking law)?
o Punishes association organized to propagate
or promote immoral doctrines, obscene
publications or shows, sex tourism, sexual
exploitation, pornography
What was added by the HSA (RA 9372)?
o Sec. 17: Public officers may petition that an
association may be declared as one composed
of those conspiring to commit terrorism

Assault upon, resistance, or disobedience to PIAs or their

agents
DIRECT ASSAULTS (148)
116

What is the purpose of Article 148?

o Intended to protect those exercising official
functions and to guarantee dignity and
authority
What is the nature of Direct Assault?
o It is a FORMAL CRIME. It is not a material
crime.
o There can be no attempted or frustrated direct
assault.
o It is consummated when a person of authority
is attacked with force or met with serious
intimidation or resistance
What are the forms of direct assault?
o 1.
Without
public
uprising,
use
force/intimidation to attain any of the purposes
in rebellion or sedition:
[Rebellion]
A. Remove allegiance from Philippines
the national territory or any part thereof,
depriving President/Congress of powers
over it
[Sedition]
B. Prevent exercise of powers/execution
of law
C. Acts of hate/revenge against public
officer or social class for political or
social end

117

D. Despoiling any person or public

subdivision of property for political or
social end
o 2. Attack, use force, or seriously intimidate or
resist a PIA or any of his agents
While in the performance of duties
Which is more common?
o The first form rarely occurs (its difficult and
rare to achieve these ends without a public
uprising)
o Second form is more common
Who may be liable in second form?
o Private individual, person in authority, or agent
of person in authority
Under what circumstance is direct assault
committed?
o Crime may be committed when PIA or agent is
performing duty
o Or he was attacked for past performance of
duty
What does seriously qualify?
o Seriously qualifies only intimidate and
resist but not attack or the use force, which
only requires a laying of hands
o So if there is use of force, degree of force is
not material. Degree is only important for
intimidation or resistance.
Is motive important?
o For second form, motive is not important

o For first form, when one is not performing his

duty, then motive comes into play
What are the elements of the second form?
o 1. The public officer was performing his duty or
was attacked for past performance of duty
A public officer goes to a locality to
solemnize a marriage and then he
returns to his office. En route, he is
assaulted. Is it direct assault?
Yes. When he is going back to
his public office after solemnizing
the marriage, the going back is
part of his official duty.
If a mayor is attacked for past
performance of duty, is it direct
assault?
Yes.
X attacked a barangay kagawad, but
hit the barangay chief tanod who was
just sitting around.
Is it direct
assault?
No. The tanod is not performing
his duty at the time he was hit.
o 2. Accused knew or ought to have known that
he was a public officer or an agent thereof
Case: an officer in civilian clothes
was surveying a public market. Was
there DA?

118

No. Because the accused did not

know that the accused was a
police officer who was on 24 hour
duty.
And the accused killed the victim
on a personal grudge.
o 3. He attacked, used force, or seriously
intimidated/resisted the PIA or his agent
What does Agent include?
Police, Malacanang confidential
agent, sheriff
Municipal treasurer (since he is
only a deputy ex-officio of the
provincial treasurer)
Postmaster
Agents of BIR
o 4. Qualified if:
1. Committed with a weapon
2. Offender is public officer or employee
3. Laid a hand on the PIA
What if there is an agreement to fight?
o Husto v. CA Husto is an academic supervisor.
The victim, an academic supervisor too,
wanted to transfer a favorite teacher to
Poblacion. Husto disagreed. They agreed to
fight. When they were just about to go out,
Husto could not wait; he grabbed an ashtray
and smashed it against the others head.

o HELD: It was direct assault because they did

not fight outside
What if the officer exceeds his authority?
o P v. Fook: Fook, a Chinese person, went to the
Philippines.
He got body searched in
immigration and he passed. He went back
because he forgot something. He got body
searched again. He got upset and resisted.
He was charged for direct assault.
o HELD: No direct assault. The PIA or his agent
who exceeds his power is NOT in the exercise
of the functions of his office. Here, they body
searched Fook TWICE, which is beyond the
scope of duty.
o Resistance is legitimate against PIA or agent
who exceeds authority. How much resistance
can be done depends on the extent of excess
of authority.
o When is one not liable for resistance?
For one not to be liable for resistance,
the resistance must be co-extensive
with the excess of authority, and just
sufficient to repel the excess or abuse
What does lay a hand mean?
o To inflict upon PIA or agent a physical attack;
holding; shoving; etc., with intent to cause evil
or injury
o When a person lays a hand over PIA, the crime
is direct assault.
It is not necessary to

119

ascertain what force the law requires, since the

law itself defines the force by providing the
term laying a hand.
When is force or intimidation serious enough?
o Depending on circumstances of the particular
event.
In the following cases, there was direct assault:
o Accused punched a police officer several times
o Accused struck police officer with pen knife
and wounded him
o Accused tried to stab the police officer but he
missed still DA (so need not actually strike
the PIA)
o Accused struck judge with dagger, after the
judge convicted him of theft
Recall that DA is qualified if committed with a
weapon. What is the special nature of qualified
direct assault with the use of a weapon?
o It is a special aggravating circumstance;
cannot be offset by generic MC.
o Not enough to merely carry a weapon. He
must use the weapon to assault the victim.
o Mere aiming of a gun at a PIA is qualified direct
assault because there is intimidation, with use
of weapon.
What if a diplomat is assaulted?
o RA75, sec. 7 (Assault of diplomat) is a special
crime

o A crime is committed by any person who

assaults, strikes, or wounds a public minister or
ambassador, contrary to law of nations
There can be a complex crime of direct assault with
another felony.
o What if the assault on the PIA or agent
results to his death?
Complex crime of direct assault with
murder or homicide
o When is there none?
But if direct assault is committed and
ONLY slight PI results, there is just the
crime of direct assault.
o A mayor is on the way home or on the way
to the office. The accused robbed the
mayor and killed him. What is the crime?
Robbery with homicide.
The direct assault is absorbed by
Robbery with homicide, which absorbs
crimes committed pursuant to such.
o X fired an SMG against police officers
serving warrant. What is the crime?
Direct assault with multiple attempted
homicide
o Can there be complex crime of DA with
serious disturbance under Art. 153?
Yes. If election inspectors or watchers
are holding a meeting to canvass, and
they were assaulted, causing serious

disturbance: there is a complex crime of

direct assault with serious disturbance
How do you reconcile DA with Less Serious
Physical Injuries (Art 265), which provides a
distinct penalty if the victim is a PIA?
o Art. 265 If there are less serious PI, the crime
is less serious PI. The PIA must not be
performing his duties when the less serious PI
is inflicted, or it is not by reason of past
performance of duty.
o Art 48 Direct assault with less serious PI if
the PIA is in performance of his duty or is
attacked for past performance of duty.
Who else can be PIAs?
o Lawyers and teachers can be PIAs
o Correlate with RA 9165 (DDAs) teachers and
professors are PIAs when performing their
duties

INDIRECT ASSAULTS (149)

120

Elements:
o 1. There is direct assault against an agent of a
person in authority (under Art. 148)
o 2. A person came to the aid of the agent
o 3. The offender uses force or intimidation
against such person coming to the aid of the
agent
There is disagreement again as to this provision.
o Guevara and Reyes: WRONG about this

Said there is indirect assault if there is a

person going to the aid of PIA or agent,
and that person is himself assaulted.
o J Callejo agrees with Regalado: Guevara and
Reyes did not take into account RA 1978:
If one who goes the aid of a PIA, he
becomes an agent of a PIA. If he
himself is attacked, then he becomes an
agent of a PIA it becomes direct
assault
There is only indirect assault if the
private person comes to the aid of the
agent of the PIA.

RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151)

DISOBEDIENCE TO SUMMONS (150)

o The President of the Philippines and members

of SC are exempt from powers of inquiry
o If President does not agree with attendance of
members of Executive, they cannot be
compelled to answer queries of Senate
Relate to Sec. 35 of HSA:
o Any information secured in violation of antiterrorism law is inadmissible in evidence in any
judicial, QJ, legislative, or admin functions

What are the acts punished?

o 1. Refusal to obey summons of Congress, or
any commission authorized to summon
witnesses
o 2. Refusing to be sworn in
o 3. Refusing to answer legal inquiry or produce
documents
o 4. Restraining another from attending as a
witness therein
o 5. Inducing disobedience to summons or
refusal to be sworn in (#1 or 2)
What is the doctrine laid down by Senate v. Ermita
(EO 464)?

When does this provision apply?

o When there is resistance or serious
disobedience of a PIA/his agent but not falling
under the prior provisions

Public disorders
SERIOUS DISTURBANCE/TUMULTS (153)

121

Acts punished as tumults/other disturbances of

public order:
o 1. Serious disturbance in public place
o 2. Interrupting or disturbing gatherings not
included in 131 or 132 (thus, neither political
nor religious)
o 3. Making outcry tending to incite rebellion or
sedition
o 4. Displaying placards or emblems which
provoke disturbance of public place

o 5. Burying with pomp one who is executed

Relate to Art. 131: When is one guilty under
disturbance/prohibition of peaceful meetings?
o For policemen to be guilty under 131, the
person must be a stranger to the meeting.
What are the limits to right of assembly? What is
the test?
o Clear and present danger of substantive evil,
with imminent danger posed against the public
interest
What does BP 880 require before a rally can be
conducted?
o There is need to secure a permit
When can permit be denied?
CPD
o N.B. But for freedom parks, there is no need
for a permit
o Calibrated preemptive response maximum
tolerance

NOT part of the Part

of
assembly
assembly
Covers
peaceable
assemblies
rallies

the NOT part of the

assembly
Covers
normal
gatherings (non
political,
non
religious)

or
Cannot
be
committed
by
culpa (there is
intent to seriously
disturb)

Distinguish:
Interruption of Serious
Interruption of
peaceful
disturbance
gatherings (153,
meetings (131)
(153,
p.1)
p.2)
taken
in
contrast
with
131

Caused by public Caused by public Caused by a

officer
officer
private or public
officer
122

What is the nature of the crimes?

o 131 crime against the fundamental law of the
State
o 153 crime against public order
So this really is just for normal
gatherings, and not one subject to
fundamental rights
This does not include religious
assembly, which is covered by 132.
o In a public rally of INC there was serious
disturbance. Is this covered by 131, 132, or
153?
Art. 131. This is not a religious
ceremony, but a rally.
Distinguish 153 from 155 (Alarms and scandals)?
o In both cases, there is disturbance

o 153 causing of public disturbance, and the

offender had the intention to cause such
serious disturbance
Cannot be committed by culpa
o 155 disturbance is not serious
o What kind of disturbance must be caused in
153?
Serious. Otherwise, it will be alarms or
scandals under 155.
o How do you determine if the disturbance is
serious or not?
Look at the place, facts and
circumstances surrounding the cause of
disturbance, and effect to people at that
time
The locus of the crime is determinative of its
nature. What do you mean by this?
o The place where it is committed.
o Public place is one that is open to all, as
distinguished from domiciles.
Under second mode of 153, what are the
elements?
o 1. There is public performance or function
Suppose someone disturbs court
proceedings, is it covered by the
second mode?
Can be charged with Art. 153,
because these are open to the
public.

123

Covers proceedings such as by

COMELEC
o 2. There is disturbance caused
There is a presumption under law of tumultuous
disturbance. When does this presumption vest?
o If caused by more than 3 armed men.
o If there is actually a tumultuous
disturbance, does the presumption need to
apply?
No need for the presumption.
In the causation of a serious public disturbance,
there is SPI or damage to property. Do you apply
Article 48?
o Yes; there are two grave or less grave felonies
committed in a single act. (Ex. Disturbed
COMELEC proceeding.)
o Villanueva v. Ortiz there was complex crime
of serious disturbance with direct assault.
If there are two modes done, is there a complex
crime?
o No, there is just one crime, notwithstanding
multiple modes.
Distinguish inciting to rebellion/sedition from the
third mode of violating Art. 153 (tending to incite
rebellion/sedition)?
o Intent controls. For inciting, there has to be
intent in the first place. For 153, theres just
tendency to incite.

Does the burying with pomp provision still

apply?
o No, in light of RA 9346, nobody can be
executed.

ALARMS AND SCANDALS (155)

Acts punished:
o 1. Discharging firearm, rocket, firecracker, or
explosive within any town or public place
o 2. Charivari or disorderly meetings
o 3. Disturbing public peace while wandering at
night or engaged in nocturnal amusements
o 4. Causing disturbance or scandal while
intoxicated while 153 is not applicable
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Why does the provision say calculated to
cause alarm/danger?
Calculated to cause alarm or danger is
an erroneous translation.
o If there is discharge of firearm but there is no
alarm caused, then there is no crime under Art.
155.
If the firearm is unlicensed, can one be convicted
under RA 8294?
o No. If there is another crime committed (155
here), one cannot be liable for RA 8294.

DELIVERING PRISONERS FROM JAIL (156)

Elements?
124

o 1. Any person removes from jail or penal

establishment a person confined therein
o 2. Through the following means:
A. By violence, intimidation, or bribery
B. Through other means (lower penalty)
C. Taking guards by surprise outside the
establishment (lowest penalty)
To what kind of prisoners does delivery of
prisoners as a crime apply?
o Applies to any prisoner, whether a detention
prisoner or convicted prisoner
o If the person is a convict, is there a crime
when he escapes?
Yes. Evasion of sentence.
o If the person is a detention prisoner, is
there a crime committed?
No. He is presumed innocent.
Is the deliverer of prisoners a principal or
accomplice?
o A principal under Art 156.
When is the crime consummated?
o The moment he steps out of the building where
the cell is, however brief it may be.
o Is there a crime of frustrated delivery from
jail?
No.
o May they be an attempted delivery from
jail?
Yes.

If a mental retardate is transferred to a hospital,

from jail, and he is delivered, is there a crime of
delivery from jail?
o Yes. The hospital is an extension of prison.
If a person is in his house, can there be delivery?
o Yes. Because under arresto menor, there can
be house arrest.
Who may be liable for delivery?
o 1. Those helping a co-prisoner
o 2. Employees of penal establishment, if without
custody of the prisoner
What if he has custody of the
prisoner?
Crime is infidelity in the custody
of prisoners
Is it possible that a person with
custody of a prisoner is liable for
delivery of prisoners and not
infidelity in the custody of prisoners?
Yes, if he was off-duty.
o 3. Private person
If a person delivered a prisoner and the prisoner
had a change of heart and decided to return, is
the principal for delivery still liable?
o Yes.
Is there a provision in the HSA that punishes a
custodian who lets his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?

125

Yes.
It can be committed by
negligence, as long as it is inexcusable
negligence.
If the detention prisoner is charged with parricide,
and the person delivered him, can not the person
be charged as accessory under Article 19?
o Yes. The law provides that a person who
helps escape a person who committed
parricide, murder, or treason escape, he can
be an accessory under Art. 19 to parricide,
murder, etc.
o So what applies now, Art. 19 or 156?
Either, as the prosecutor has a choice.
The prosecutor can choose ONE but not
both.
N.B. the Art. 19 punishment is heavier
than 156
Under Art. 8 (conspiracy), it can be a crime in
itself or a mode. Is it possible that conspiracy or
connivance be an aggravating circumstance?
What is the effect if a co-prisoner connives?
o For delivery of prisoners from jail, if there is
connivance, it aggravates the punishment.
o So this is a THIRD character of conspiracy
not just mode, not just crime, but also
aggravating circumstance.
o What about bribery?
Bribery in this case can be deemed a
means to commit the crime of delivery.

o If the public officer accepts a bribe to

release the prisoner, what are the crimes?
One giving money: corruption
One accepting money:
1. Bribery
2. Delivery of prisoners
o But if the bribery was towards another
prisoner, what is the effect?
It would be a deemed a means to
commit the crime.
What does the phrase other means mean?
o Example: craft or disguise
o What is the effect?
Arresto mayor (lower penalty)
If the other means used by the principal of
delivery of prisoners is a FELONY, what happens?
o Art. 48 applies. Example, if there was direct
assault, attempted homicide, physical injuries,
etc.
What is the exception to this rule?
o The means provided specifically in Art. 156
(bribery), or fraud (or other means that do not
constitute crimes by themselves), etc. do not
attract Art. 48.

Evasion of service
EVASION OF SERVICE OF SENTENCE (157-9)

How is evasion of service committed?

126

o Committed by one convicted by final judgment

who escapes from prison.
If a person escapes from jail, and he is arrested
without warrant, would the policeman be charged
with arbitrary arrest?
o No, because warrantless arrest is allowed for
those who escaped (Third exception)
o Is evasion a continuing crime?
Yes, as long as he is escaping, he is
committing a crime.
Can one be guilty of evasion of sentence,
although not confined in a prison?
o Yes:
1. If arresto menor, can spend sentence
in house.
2. Sentenced to destierro and one
entered the prohibited place.
3. Hospital, which is an extension of the
penal institution.
Elements of evasion:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists of
deprivation of liberty
o 3. Escaping during sentence
Can one not sentenced to Final Judgment (ex.
detention prisoner) be liable for evasion of
sentence?
o No.

Under what circumstances may a prisoner be not

liable for evasion of service of sentence?
o 1. Detention prisoner
o 2. Deportee who violated deportation order
o 3. Youthful offender under 9344
Because rehab center is not a penal
institution
Can a person serving sentence for an SPL be
liable for evasion?
o Yes. As long as serving sentence, whether
RPC or SPL.
When does Article 48 apply and when does it not?
o If one uses violation or intimidation, it is
absorbed.
o But if one commits a crime to evade, then Art.
48 can apply.
A convict was granted conditional pardon. The
usual condition is not committing another crime
during conditional pardon. Is the violation of the
conditional pardon a felony?
o Yes, it is a felony.
o What is the period for the condition?
Remaining period of the sentence if the
penalty remitted is greater than 6 years
If less than 6 years, prision correccional
in minimum period
o Is it necessary for the prosecution for
violation of conditions of pardon upon
violation?

No. The C.E. can order the immediate

arrest of the person through Board of
Pardon and Parole.
o Is a violator of the conditions of pardon
entitled to ISL?
No. It is provided in the ISL.
Circumstances qualifying offense:
o 1. Unlawful entry (by scaling)
o 2. Breaking doors, windows, etc.
o 3. Using picklocks, false keys, disguise, deceit,
violence, intimidation
o 4. Through connivance with other convicts or
employees of penal institution
What if the convict evaded on circumstances of a
catastrophe?
o And caught again, increase penalty by 1/5
o If he returns within 48 hours, decrease penalty
by 1/5
For violation of conditional pardon through
commission of the crime, there can only be conviction
under Art. 159 after conviction.

Commission of another crime during service of penalty

QUASI-RECIDIVISM (160)

127

Is quasi-recidivism (160) a crime?

o No, it is a special aggravating circumstance. It
is committed only by a person convicted by FJ
for a crime, and he commits another crime.

o Does the second crime have to be a felony?

Yes. It cannot be an SPL. The law
uses nomenclature of penalties in RPC.
(Maximum period of the second crime.)
o Does the first crime have to be a felony?
No. It can be an SPL.
o If the second crime has an aggravating
circumstance, what is the effect to the
penalty?
Since it is in the maximum, then the
aggravating circumstance will result into
the maximum of the maximum.
o He commits another penalty. Is he a quasirecidivist again?
Justice Regalado:
He is a quasirecidivist again and again. If he is not a
quasi-recidivist for the second time, he
can commit another crime with impunity.
o What if he is a recidivist AND a quasirecidivist?
Since recidivism is an aggravating
circumstance too it leads to the
maximum of the maximum.
But the law makes mention of Art. 62, par. 5.
What is this?
o One is a habitual offender.
One who escapes from jail, is he automatically a
quasi-recividist?

o Justice Regalado: No. Because the very act of

evasion of sentence is an element of the
aggravating circumstance of quasi-recidivism.
Under Art. 62, par. 1 if the aggravating
circumstance in itself constitutes a crime
punishable by law, it is not taken into account.
o J Callejo: This still bothers me. No clear
answer.
Can one be a quasi-recidivist and a recidivist at
the same time?
o Yes. Only difference: recividism can be offset
by generic mitigating circumstances, quasirecidivism cannot.
While serving sentence, a convict commits a
complex crime. What is the effect?
o Maximum of the maximum of the more serious
crime.
What is the best evidence to prove prior
conviction?
o Court judgment.
What is the difference between reiteracion and
quasi-recidivism?
o Reiteracion: needs final service of two or more
lesser crimes, or one graver or equal crime

IV: CRIMES AGAINST PUBLIC INTEREST

Forgeries

128

FORGING THE

GREAT SEAL OR THE SIGNATURE OR STAMP OF

THE PRESIDENT (161)

Can forgery of signature or the great seal be

committed by culpa?
o No. There must be knowledge and intent to
use the signature or great seal.
What is the presumption under this law?
o Presumption: possession of a document
bearing the forged signature or seal deemed
to be the one who committed the forgery.

USE

OF FORGED GREAT SEAL,

PRESIDENTS

SIGNATURE OR

STAMP (162)

Can only be committed with criminal intent, because

the law uses the word knowingly.
Who can commit this crime?
o Offender here is not the forger, because the
forger is liable under 161.

MAKING, IMPORTING, AND UTTERING FALSE COINS (163)

What are the means to commit this crime?

o 1. Making false coins
o 2. Importing
o 3. Uttering with connivance
o N.B. if foreign currency, amount is immaterial.
When must the coin be considered legal tender?
o It must be legal tender in the Philippines at the
time of violation.

129

o Ex. Using a forged 1-centavo coin, when is

was not out of circulation can still be punished
Can the first mode (making) be attempted or
frustrated?
o Yes.
o Attempted one failed to perform all acts of
execution except when there is spontaneous
desistance
o Frustrated if the imitation is so imperfect,
although all acts were committed.
When is the second mode (importing)
consummated?
o When the boat enters port or the plane enters
airspace, EVEN IF they are not unloaded or
brought to customs.
When is importation frustrated?
o Importation may be frustrated, if before they
cross territorial waters of Philippines, they are
caught.
What does uttering mean?
o To offer the false coin, knowing it to be false,
whether accepted or not, representing that it is
genuine, with intent to defraud
o The offender must not be the maker (or else,
he falls under mode one), but there must be
connivance
How many crimes are committed if the offender
makes 1,000 counterfeit 10 centavo coins, and a
few US coins?

o Test is number of currencies involved

What is the rule on territoriality of this crime?
o This crime can be prosecuted abroad, under
Art. 2.
Is damage an element of utterance?
o No. Damage is not an essential element of
utterance

FORGING,

NOTES OR DOCUMENTS PAYABLE TO BEARER (166)

MUTILATION OF COINS (164)

Amended by PD 247, which punishes:

o 1. Willful defacement
o 2. Mutilation
o 3. Tearing
o 4. Burning
o 5. Or destroying currency notes or coins
Must be of legal tender
Coins of foreign currency are not included

SELLING OF FALSE OR MUTILATED COIN (165)

IMPORTING, OR UTTERING TREASURY OR BANK

Two acts punished:

o 1. Possession of false/mutilated coin with intent
to utter
o 2. Actual utterance of the coin
Possession includes constructive or physical
possession of counterfeit or mutilated coins
There must be knowledge that the coin is false
What if the one possessing with intent to utter is
the counterfeiter?
o If the one possessing is also the counterfeiter,
this crime is absorbed under 163

130

What are covered by this provision?

o 1. Treasury notes
o 2. Bank notes
o 3. Documents payable to bearer
Three acts:
o 1. Forging or falsifying treasury/bank
notes/documents payable to bearer
N.B. Take note of modes to commit
forgery of bank notes or treasury notes,
etc. under Art. 169.
o 2. Importing false or forged bank notes
o 3. Uttering these in connivance with forgers or
importers
Otherwise, see Art. 168
How can forgery be committed (Art. 169)?
o 1. Giving a treasury or bank note or instrument
payable to order or bearer the appearance of a
true and genuine document
o 2. Erasing, substituting, or counterfeiting, or
altering figures, letters/words, or designs in
said instrument
When is there uttering under this provision?
o To utter is to offer the forged document,
knowing it to be false, whether accepted or not,
with representation that it is genuine, with
intent to defraud

P v. Balmores a PCSO ticket is a government

obligation. If the accused bore a PCSO ticket and
wrote in ink the number purported to win attempted
estafa, because he was not able to encash it before
being caught
What about blank postal money orders?
o Blank forms of postal money orders are not
official public documents, or treasury/bank
notes. They are not certificates of obligations
until filled up.
What about treasury warrants?
o Treasury warrant is a government obligation
and is therefore covered by Art. 169 of RPC

COUNTERFEITING,

IMPORTING,

UTTERING

INSTRUMENTS

PAYABLE TO ORDER (167)

What does this provision cover?

o Documents payable to order
What are the acts punished?
o Same three acts of making, importing, and
uttering with connivance
o N.B. Again, utterance here must be in
connivance with forgers or importers.
Otherwise, see 168.

ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK

NOTES AND OTHER CREDIT INSTRUMENTS (168)

o 1. Treasury/bank note/ security payable to

bearer or order is forged or falsified by another
person
o 2. Offender knows it was falsified
o 3. Used OR possessed with intent to use
Possession of genuine treasury notes of
the Philippines with any figures, letters,
or words altered or erased with full
knowledge of such alteration falls under
this provision
What if its possession alone?
o Possession alone, without use or intent to use,
is NOT a crime under 168
RA 8484 (Access devise law)
o Sec. 17 any prosecution under this law shall
be without prejudice for liabilities for violations
of RPC
o So one can be charged under both RPC and
8484
RA 8239 (Forgery of passports)
o If it is also punishable under RPC, and the
RPC crime has higher penalty, impose higher
penalty.
o But only one crime is committed.

FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)

Elements of crime under Art. 168?

131

What is punished here?

o Resolution, ordinance, or bill referred to must
be a genuine one

What kind of alteration must be made?

o 1. Alters the substance of that issuance
o 2. With deliberate intent (malice)
May a private person be liable under Art 170?
o Yes. The law does not distinguish.

FALSIFICATION

PUBLIC OFFICER,
ECCLESIASTIC MINISTER (171)

BY

EMPLOYEE, NOTARY,

How is a document under this provision defined?

o It is a deed or instrument or other authorized
paper by which something is proved,
established, or set forth. (P v. Andaya)
o Do 171 or 172 apply to electronic
documents?
Yes, by specific provision of Sec. 6(h).
In fact, a document may be notarized
electronically and considered a public
document. If it is falsified, 171 applies
o What about documents incapable of
producing legal effects?
A document incapable of producing
legal effects cannot be foundation of a
right and thus CANNOT be subject of
falsification.
When is there falsification through taking
advantage of public position?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the
document

132

o What is the test whether there is taking

advantage of public position?
If he uses influence, prestige, or
ascendancy of his office to commit the
crime.
If a public officer or employee falsifies a
document, and it is not part of his duties,
he did not abuse his public position. He
is guilty NOT under 171, but under 172
(falsification of private individuals)
o If a notary public falsifies a document
outside his territorial jurisdiction, did he
abuse his public position?
NO. He is not a notary public outside
his jurisdiction.
What documents are covered by 171 and 172?
o 1. Public/official
o 2. Commercial
o 3. Private
o N.B. if Legislative, see Art. 170
What is a public document?
o When an authorized person not a party thereto
intervenes in a document
o Also, reports made by officials in their official
duty
o A document notarized by a notary public
without a commission is it a public
document?
No. It is a private document.

o How about pleadings of parties and papers

submitted to the court in the course of
official judicial proceedings?
Pleadings of parties and papers filed by
them which are involved in actions and
submitted to the custody of the court are
public documents
N.B. The roll of attorneys is also a public
document.
What is an official document?
o Public officer takes part by virtue of official
position, or any document which has become
part of the public records
o Is a passport an official document?
Yes. RA 8239.
o How about a private document that is
falsified before being submitted to the
government, as required?
The falsification of a private document
before submission may nevertheless be
falsification of public or official document
because it is destined to be such.
o When one takes a civil service examination,
are the exams official documents?
The booklets or papers submitted to the
CSC are official documents.
o How about a personal data sheet submitted
to the CSC for appointment to public
position?

133

It is a public document, because such

document is required by law.
The mere fact of preparation occurred
before submission does not affect its
status because the document is
destined to be part of public record.
What is a commercial document?
o Used by merchants or business to promote or
facilitate trade or credit transactions
o Is a cash disbursement receipt a
commercial document?
No.
Batulanon it is a private
document. Merely a receipt issued.
It is a private document executed by
private person without intervention of
public notary or person legally
authorized
o Is a sales invoice a commercial document?
Yes.
May falsification of public or commercial
document be committed by culpa?
o Yes. Samson case X endorsed checks
without knowing the identity of the persons who
were recipients of the checks.
o He did NOT alter the document, he merely
endorsed without due diligence.
How about a private document?
Can it be
falsified by culpa?

o No. There has to be intent to damage or

damage caused. It cannot be committed by
culpa.
o But not for commercial, public, or official
document no need for intent to damage
Layug v. Sandiganbayan vis--vis Flores v.
Layosa.
o Layug: an ordinary government employee has
a time record measured through Bundy clock.
Layug is a teacher in Davao national high
school. He said in his record that he went to
class and taught from 8:30-11:30, 1:30-4:30.
But some of the time, he spent in the library.
He was charged for falsification, because he
said in his time record that he taught in certain
times, but he was just in the library. No
question, the time record is a public document.
He was charged for falsification of a public
document ELEVEN times. But he did not get
his salary for the time he was not teaching.
QUESTION: Is he guilty for falsification of
public document even if there is no damage to
the government?
HELD: Layug was acquitted. In the
prosecution
of
cases
involving
falsification of time records, there must
be proof of damage to the government
(e.g. salary paid for services not
rendered). BUT this is weird, because

134

usually, damage is not an element of

falsification of public document.
o Flores: The falsification of a daily time record
automatically results in financial losses to the
government because it enables the employee
to be paid salary and earn leave credits for
services never rendered.
Contrast: In Flores, damage is not an
element, because potentially, the
government can be damaged.
o What prevails?
Flores is the sounder doctrine.
A COMELEC registrar, who was also a lawyer, was
allowed by COMELEC to appear for poor litigants. He
submitted a DTR saying that he was in the office, but
he was actually in court attending to poor litigants. He
was charged with falsification.
o HELD: Even if he was not in the office at that
time, the COMELEC allowed him to appear for
poor litigants. He was performing a duty
authorized by the COMELEC. There was no
falsification.
Spouse is a janitor, but before the janitor died, he
received his check. Before the check became due,
the janitor died. The widow already received it. She
cashed it, thinking it was leave credits value. The
check was worth X amount, though the janitor had
leave credits exceeding the amount of the check.
She was charged with falsification.

o HELD: Acquitted. She was acting in good

faith. There was no damage to government; in
fact, the government owed the janitor pa.
Is the spuriousness of a document a defense
against charge of falsification?
o No.
o X got a warrant of arrest, falsified signature of
the judge, and had his wife arrested. He
claimed he was not guilty of falsification
because it was a spurious document in the first
place.
HELD: Convicted.
There can be
falsification even if it is a spurious
document. Cannot use own acts of
falsification as a defense against
prosecution.
If a notary public notarizes a document without
commission, is there falsification of public
document or private document?
o Falsification of public document.
o So to simplify:
1. The document remains private
2. But the crime is falsification of public
document
Can there be an attempt or frustration of
falsification?
o There can be no attempted or frustrated
falsification of public or official document
UNLESS the falsification is imperfect

135

o Consummated the moment the genuine public

or official document is altered, or the moment
the false document is executed
Even if the document is not put to illegal
use.
Can there be falsification by omission?
o Yes, the crime of falsification can be committed
by omission. Here the asst. book keeper did
not include in the ledger things or properties
purchased by him as such. He committed
estafa through falsification by omission by not
indicating in the ledger his purchase of goods.
May someone be convicted based solely on
presumptions?
o Yes. One found in possession of falsified
document is presumed to be the author.
What are the acts punished as falsification?
o 1. Counterfeiting or imitating handwriting,
signature, rubric (1)
o 2. Causing to appear that persons participated,
etc (2)
o 3. Persons in fact participated in proceedings,
but accused make it seem that they said/did
some things they did not do (3)
o 4. Making untruthful statements in narration of
facts (4)
o 5. Altering true dates (5)
o 6. Making alteration or intercalation to genuine
document which changes its meaning (6)

o 7. Issuing copies (7)

o 8. Intercalating instrument or note (8)

Counterfeiting or imitating handwriting, signature, rubric

(171 1)

What does imitating cover?

o It can also cover feigning. Feigning means
the forgery of a signature that does not in fact
exist.
When does one become guilty for falsification
under this provision?
o For one to be guilty for falsification under this
provision, it is not necessary that the imitation
of writing, handwriting, or signature be perfect.
It is only necessary that the two writings bear
some resemblance to each other
o There can be no falsification of public
document unless there is an attempt to imitate
the genuine signature of another
What if the false signature did not look like the
real one?
o One is guilty of falsification even if he did not
imitate the signature of the person in the
document, as long as there is a DIFFERENCE
between the genuine signature of another and
the falsification.

Causing to appear that persons participated, etc (171 2)

What is punished here?

136

o Falsifying a document by causing it to appear

that a person or persons participated in any act
or proceeding when in fact, they did not.
X had an uncle and auntie. By 2000, his auntie and
uncle died. He executed three documents (deed of
sale, deed of conveyance) all in the same occasion.
In each document, the dead spouses sold to the
vendee parcels of land. Then, Lastrilla signed the
signature of his dead uncle and auntie, and antedated
the deed. Is this falsification?
o Yes, under this paragraph (Art. 171 par. 2).
o The uncle and auntie are both dead. So this
provision applies even if those who were made
to appear to participate are already dead.
o But there is only one crime, even if there were
several modes.
Accused was a COMELEC registrar. He made it
appear in the list of voters that certain voters were
listed, when they were not, and that they voted,
when they did not. What is the crime?
o Guilty under this same provision AND
o Liable under Omnibus Election Code
Can this crime be committed to conceal another
crime?
o Yes.
o Ex. X was an accountable officer and he
misappropriated funds of government. To
conceal malversation, he falsified receipts to

show that people received some amounts,

when they did not.
o Guilty of two crimes:
1. Malversation
2. Falsification under this paragraph
X was paid by examinee in CSC to take the exam
on his behalf and pose as him. Is he guilty of
falsification?
o Yes. He made it appear that another person
participated in the exam, when he did not.

Persons in fact participated in proceedings, but accused

make it seem that they said/did some things they did not
do (171 3)

X changed the answers of a Bar examinee, Y, then

she corrected the answers. What is the crime?
o X was guilty under this provision.
o Y was guilty as an accomplice, by knowing that
X committed the crime for him.

Making untruthful statements in narration of facts (171

4)

What are the requirements:

o 1. Offender is a public officer or employee
o 2. Untruthful statements in narration of facts
o 3. The facts must be absolutely false
What if there is some color of truth in the
falsification?
o If there is color of truth in it, he is not liable
under this paragraph.
137

o If there is colorable truth to the statement, one

is not criminally liable. If there is a color of
truth to it, there can be no criminal intent.
o There is no F of public document if acts of
accused are consistent with GF, even if it may
be false. Color of truth indicates GF.
X was Chinese, but he declared himself as
Filipino. The clerk wrote down Filipino in the
residence certificate. Is the clerk guilty of making
untruthful statements?
o Clerk is NOT guilty he had no criminal intent
and relied on the Petitioner.
o Petitioner is guilty under this paragraph as
Principal by Direct Inducement.
What if it was altered to speak the truth?
o There is no falsification (e.g. there is error in
cedula, then altered to speak the truth. There
is alteration, but no falsification)
What is the legal obligation contemplated under
this provision?
o The legal obligation may spring not only from a
law or a regulation/rule promulgated by
authorities (e.g. CSC, COMELEC)
Ex. Guilty of falsification under this
provision, if X falsified a personal data
sheet, which is a document required to
be submitted to the CSC under its rules.
The mere fact that she was not hired is
inconsequential.

The duty to make truthful statements, what is it

based on?
o 1. Law
o 2. Ordinance, as long as it requires such
making of truthful statement
o 3. One issued by a government agency
o Ex. A government employee who falsely stated
in ITR that he has 2 dependents, when just has
one, so that he can pay less taxes: the
government employee is guilty of falsification of
official document.
What is the required intent?
o There must be deliberate intent to make a false
narration of facts, so there is no culpa

Altering true dates (171 5)

May this crime be committed by culpa?

o No. Intent is essential to the crime.
What dates are contemplated by this provision?
o Dates referred to here are those that have
legal efficacy; ex. Date when obligation is due,
date when persons were married.

Issuing copies (171 7)

Making alteration or intercalation to genuine document

which changes its meaning (171 6)

o 3. Alteration or intercalation made in document

to speak of something that is false
What is the duty of one making the alteration?
o One making the alteration must explain the
same.
What alterations consist of:
o Erasure
o Interlineations
o Additions
o Substitution of any material matter in a
document or instrument
When is the alteration of intercalation NOT a
crime?
o 1. Alteration or intercalation was made to make
the document speak the truth
o 2. The alteration or intercalation did not change
the substance of the document.
May this crime be committed by culpa?
o No. There must be criminal intent. It cannot
be committed by culpa. Good faith is a proper
defense.

Elements:
o 1. A person changes a document or
intercalates an entry or statement therein
o 2. The alteration or intercalation was made in a
genuine document
138

Two modes of committing this crime?

o 1. There is no genuine original of the copy of
the document issued in an authenticated form
o 2. There is a genuine document, but alteration
of the copy as to not correctly reflect the
original

Done with dolo or with deliberate intent

Public officer or notaries-public. Sec.
19, Rule 132 of Rules of Evidence
enumerates these documents.

Intercalating instrument or note (171 8)

Intercalated document must be false and change the

sense of the document or official book.

Number of crimes of falsification committed:

One may be liable for estafa through falsification of a

public or official document, but not estafa through
falsification of private document.
There are as many crimes of falsification as the
number of documents falsified
o If there is only one document falsified, but
under multiple modes, there is only one crime
of falsification
o But in P v. Pomferada someone falsified the
roll of attorneys, by inserting three persons
there; he committed three counts of
falsification, even if made on the same roll of
attorneys

FALSIFICATION

BY

PRIVATE

INDIVIDUALS

AND

USE

OF

FALSIFIED DOCUMENTS BY PRIVATE INDIVIDUALS (172)

Two modes under paragraph 1:

o 1. Private individual falsifying a public,
commercial, or official document no need for
damage or intent to damage

139

o 2. Private individual falsifying a private

document there is need for damage caused
or intent to cause damage
What does damage cover?
Damage
includes
material
damage and damage to the credit
or honor of a private person
So it is not confined to mere
material damage
o When can a public officer fall under 172?
If a public officer falsifies a document,
without abuse of official position, he can
be liable under Art. 172
The offender did not gain any profit from the
falsification of private document. But intent is an
internal act. How does one establish this intent?
o There must evidence independent of the
falsification to establish intent.
o Ex. May consist in an attempt to encash or use
the document, or verbal or physical acts
indicating intention behind falsification
Under paragraph 2 (use of falsified documents),
how is the crime committed?
o 1. Person who shall knowingly introduce in
evidence in any judicial proceeding
o 2. or using a falsified document, to cause
damage or with intent to cause damage
A private individual who falsified a document, and
also used the document under a judicial

proceeding, is he liable under paragraph 1 or

paragraph 2?
o Under the 2nd paragraph, the person using the
document is other than the author of
falsification. If the falsifier himself uses the
document in a judicial proceeding, he is liable
for falsification (par. 1) and not for use
If a government employee falsifies his personal
data sheet by making it appear that he passed the
CSC exam, when in fact he did not, and he used
the personal data sheet to apply for a position
with the government (therefore, not in a judicial
proceeding); how many crimes of falsification did
he commit?
o Two crimes:
o 1. Falsification
o 2. Use of such document in a proceeding other
than a judicial proceeding
If it was used in some other purpose
or proceeding, is there need to
establish damage caused or intent to
cause damage?
Yes.
o CONTRA: If a falsified document was used
in a judicial proceeding, is there need to
establish damage caused or intent to cause
damage?
No.

FALSE

MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR

SERVICE, ETC. (174)

Who are punished here?

o 1. Physician who issues false medical
certificate
o 2. Public officer who issues false certificate of
merit or service, good conduct, and the like
o 3. Private person who falsifies either type of
document (lower penalty)

USING FALSE CERTIFICATE (175)

What is punished here?

o Person who uses the certificate issued above
What is material?
o He must do it knowingly and with intent

INTRODUCTION

INTO THE

PHILIPPINES

OF ANY INSTRUMENT

INTENDED TO BE USED IN COUNTERFEITING (176)

140

In a situation where the instruments imported

could not be used for the intended purpose, is it
an impossible crime or a crime under Art. 176?
o Still 176. As long as there was intent to use
and there was importation.
Must one import a complete set?
o No. If the instruments brought into the country
cannot be used on their own, but can be used
alongside other instruments, there is violation
of the law.

Other falsifications
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)

2 modes of committing the crimes:

o 1. Usurpation of authority
o 2. Usurpation of official functions
When a public officer or employee has already
retired or resigned but continues to do his duties,
is he liable for usurpation of functions?
o Yes.
o Ex. A notary public who notarizes a document
when his commission has expired violated this
provision
For usurpation of authority, what must the
prosecution prove?
o 1. Accused is aware he is not a public officer
o 2. He falsely represents himself to be such
o 3. Such person has performed pertaining to an
act of person in authority or agent of PIA
Is good faith a defense?
o Yes. Felony here is committed by dolo. GF is
a defense.
Situations involving complex crimes:
o X pretended to a public official in order to
molest a minor. What is the crime?
Complex crime of usurpation of public
authority with seduction
o X pretended to be a BIR agent and showed
falsified BIR ID. What is the crime?

Complex crime of usurpation of public

authority with falsification
Situations where usurpation is just a mode:
o X pretended to be a public official to
commit robbery. What is the crime?
Just robbery. Take note of Art. 299-A
par. 4: Robbery may be committed
through pretense of exercise of public
authority.
It is NOT a complex crime. Usurpation
is an essential element under this mode.
o X kidnaps another to deprive her of liberty,
by pretending to be a public officer. Is he
liable for complex crime of usurpation and
kidnapping?
No. Usurpation of authority is a mode of
committing crime of kidnapping.
o Person pretending to be authorized to issue
passports:
Liable under RA 8239. (Phil. Passport
Law)

PUBLIC USE OF FICTITIOUS NAME (178)

141

What are the two paragraphs?

o 1. Fictitious name purposes:
1. To conceal a crime
2. To escape judgment
N.B. Includes criminal or civil.
The law does not distinguish.

3. To cause damage
o 2. Person who conceals his true name or other
personal circumstances
Elements under first paragraph?
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes
o Is motive an essential element?
Yes. Here, motive is essential element.
If a person uses a fictitious name publicly, but
without these purposes, what crime is
committed?
o Same crime, but under Par. II.
What is meant by publicly?
o Includes use in an official or public document
What is meant by damage?
o Not equivalent in falsification of private
document.
o Damage here is not to a particular person but
to public interest. Public interest is something
in which the public, community at large, has
some pecuniary interest by which some legal
rights are affected.
Use of fictitious name as a mode:
o If one uses a fictitious name to defraud
another, what crime is committed?
Estafa. Art. 315-2(A)
o What if the fictitious name is used to
commit robbery?

Then its just robbery.

Under Art.
299(A)-4, robbery may be committed
through use of fictitious name to gain
entry into the house of another.
Again, the use of fictitious name here is
a mode to commit robbery.
o If one uses a fictitious name in a narration
of facts in a public or official document,
what crime is committed?
Falsification of public, commercial, or
official document, because penalty for
use of fictitious name is already
integrated in the former. (171/172)
o What if a person uses a fictitious name to
obstruct justice?
Violated PD 1829 (knowingly uses a
fictitious name to delay apprehension of
suspects)
X a convict serving sentence, and Y, in jail,
substitutes for X, to allow X to escape. Y took his
place and claimed to be the escapee by stating
his name.
What crime did the first person
commit?
o Evasion of sentence, complexed with use of
fictitious name
The security guard noticed that X was gone, but
did not ask the name of Y. What crime?
o Justice Albert:

142

o There are as many crimes as the number of

fictitious names used

Y is guilty of use of fictitious name under

this provision
o Justice Reyes:
Y guilty with delivery of prisoners from
jail AND of use of fictitious name to
conceal the escape of the prisoner
X guilty of evasion AND use of fictitious
name to evade service
o Justice Regalado:
Y is guilty of delivery of prisoners from
jail.
Use of fictitious name by the
replacement is absorbed by crime of
delivery.
X is guilty of evasion of service of
sentence, but not use of fictitious name.
o Justice Callejo:
If Y did not use a fictitious name to help
the convict escape, he is ONLY guilty
for delivery of prisoners (since he did
not say a fake name). There was NO
overt act of using publicly a fictitious
name. If Y uses a fictitious name, art.
48 will apply
X guilty of evasion of service of
sentence complexed with use of
fictitious name
How many multiple crimes of use of fictitious
name be committed?

C.A. 142

What is C.A. 142?

o Anti-alias law
What are the punishable acts?
o Cannot use a name different form that
registered in the LCR or used in baptism
o Or for aliens, what was registered with the
Bureau of Immigration
What are the exceptions?
o Literary, cinema, TV, radio, entertainment
purposes, and other athletic events where use
of a pseudonym is a normally accepted
practice
o How to secure an alias?
Need judicial approval for at most, one
alias. Same proceedings as change of
name.

ILLEGAL USE OF UNIFORMS OR INSIGNIA (179)

What is punished here?

o Public and improper use of insignia, uniforms,
or dress pertaining to an office not held by
such person or to a class of which he is not a
member

FALSE TESTIMONIES (180-2)

143

What are the three types of false testimonies?

o 1. False testimony against defendant (180)

o 2. False testimony favorable to defendant (181)
o 3. False testimony in a civil case (182)
o 4. False testimony is other cases (183A)
o 5. Perjury (183B)
o 6. Offering false testimony in evidence (184)
False testimony against a defendant (Art. 180)
when does this provision apply?
o Only applies for crimes under the RPC or SPLs
that use nomenclature of RPC penalties,
because the penalty for false testimony is
dependent on the RPC graduation
What are the requisites?
o 1. The testimony must be complete
Must have been subjected to direct and
cross examination (unless latter is
waived)
o 2. There is intent to give false testimony
Thus, only committed through dolo. GF
is a defense.
Villanueva v. SOJ witness must be
aware that his testimony is false.
Unless he is aware, he may invoke GF.
Knowledge that his testimony is false is
internal act.
How can you establish this?
State of mind may be determine
by things he states or does, proof
of motive to lie, and objective

144

falsity itself (if the statement is

egregiously false), or proof from
other facts.
o 3. False statement must be related to the
subject of inquiry, which legitimately affects the
defendant
Not necessary that witnesss testimony
directly affects the decision. It just
needs to affect a material fact.
Does
this
provision
include
testimony
on
qualifying
and
aggravating circumstances?
Yes.
o 4. There is a judgment of conviction or acquittal
Because penalty depends on the
penalty imposed on the convict.
It does not matter whether the accused
is convicted or acquitted. It the intention
of the accused that suffices.
When will Art. 180 not apply?
Will not apply if accused in main
case is convicted and is
convicted for a penalty less than
correctional penalty, or a fine.
The liar may not be prosecuted
under 180, but can be prosecuted
under perjury.
Who is a witness?
o Includes injured party or any witness

o And even one of the accused, as long as he

testified for the prosecution.
If the accused gave false testimony in favor of
himself, is he liable under 181 (favorable false
testimony)?
o No.
o Unless, X was not just disclaiming guilt, but
pinning it upon another. (Hindi ko pinatay yan.
Siya po ang pumatay!)
What is the nature of false testimony as a crime?
o It is a formal crime. The crime is committed as
soon as the false testimony is given.
o Thus, retraction does not extinguish the crime
already committed.
o UNLESS it was spontaneously done in the
same testimony there is GF
Relate to RA 6981 witness protection program:
o Person in WPP who testifies falsely loses
immunity and can be liable for perjury
o But NOT art. 180-182 of the RPC
HSA, sec. 47:
o Any person knowingly furnishing false
testimony
in any proceeding involving
terrorism is liable not under 180-182 but for the
crime committed
False testimony in a civil case (Art. 182):
o Here, the offender may be a party litigant, or a
witness for a party
Elements of 182:

o 1. Given in civil case

What is covered by civil case?
Ordinary action
Supplementary
proceedings
(Execution
of
judgment,
prohibition)
Petition to annul judgment
What is not covered?
Special proceedings.
Naturalization proceedings.
o 2. Relating to issues raised
o 3. Testimony must be false
o 4. Witness knows it is false
o 5. Must be malicious and given with intent to
affect the issues in the case
o What is the effect of a retraction?
The retraction of a witness under 182
does not extinguish criminal liability.
Because its a formal crime
Is this like Article 180, where penalty depends on
outcome of the case?
o No.

FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN

AFFIRMATION (183)

145

Elements?
o 1. Knowingly making untruthful statements
o 2. Not covered in the prior provision

o 3. Under oath or affirmation, or in an affidavit

upon a material matter before a competent
person authorized to administer an oath when
required by law
Where does perjury apply?
o 1. Light penalties
o 2. Other proceedings (ex. Special proceedings)
o 3. Etc.
Can perjury be done by culpa?
o No. Perjury is a felony by dolo.
o There must be malice. Mere assertion of false,
objective fact not enough. There must be
criminal intent.
How about petitions?
o Petition for habeas corpus is a public
document. If the allegations are false, crime is
falsification of a public document.
o Complaint for damages filed with MTC which
contains false allegations perjury
o Filed petition to annul judgment and made
false assertions perjury
o N.B. In light of these, generally, a petition filed
in court where false statements are made, the
crime is perjury.
Must the proceedings terminate first?
o No. It is not necessary that the proceeding
where the false statements were made must
terminate first.

Elements?
o 1. Party offers the document in evidence
o 2. He knows that the document is false
Malicious procurement of search warrant and use
of perjured document what crimes are
committed?
o 1. Malicious procurement of search warrant
o 2. Perjury
o N.B. These are NOT complexed (see
discussion in Title II)

MONOPOLIES, ETC (185-6)

RA 9184

OFFERING FALSE TESTIMONY IN EVIDENCE (184)

146

What is RA 9184?
o Procurement Act of Government
What are the prohibited acts for public officers
under this law?
o 1. Opening sealed bid prior to time appointed
for opening
o 2. Delaying without just cause the screening for
eligibility, opening of bids, evaluation, or postevaluation of bids, and awarding beyond
allowable period
o 3. Unduly influencing or using undue pressure
on the Bids and Awards Committee to accept a
particular bid
o 4. Splitting of contracts which exceed purchase
limits and competitive bidding

o 7. Participating in bidding using anothers

name or allowing another to use ones name
o 8. Withdraw a bid after it has been named
highest-rated or lowest-calculated without just
cause or to cause the bid to be awarded to
another
Includes
non-submission
of
final
requirements after acceptance, such as
security, etc.

o 5. Rejecting bids due to manifest preference

for a closely related bidder
o Can they still be prosecuted under RA
3019?
Yes.
What are the prohibited acts for private
individuals and colluding public officers?
o 1. Two or more bidders agree and pre-arrange
multiple bids where one is obviously better
than the other to give semblance of competitive
bidding
o 2. One bidder maliciously submits different bids
through different persons, to pretend that there
is competitive bidding
o 3. Entering into contracts where one party
refrains from bidding or withdraws one already
made
o 4. Schemes that naturally reduce competitive
bidding
o What are the accessory penalties for
offenses #1-4?
Public officer suffers temporary or
perpetual DQ from public office
The private person cannot transact with
government again
o 5. Submitting false eligibility requirements
o 6. Submitting falsified information in bidding
documents

V: RELATED TO OPIUM

147

What changes did the DDA bring about to this

title?
o 1. The penalties do not use nomenclature of
RPC anymore
o 2. The penalty is no longer based on quantity
involved except for possession
o 3. Use of dangerous drugs now has a
graduated penalty
First offense is 6 months rehab
Second offense onwards has
imprisonment already
What if possession and use concur?
Possession applies, not use
What if sale and possession concur?
Sale applies, not possession

o 4. Anyone charged under DDA cannot avail of

plea bargaining
What about probation law?
Only those convicted for drug
pushing or trafficking are
exempted
o 5. Accessory penalties apply not just after
conviction but even during appeal
What is the new classification of drugs?
o 1. Dangerous drugs
o 2. Controlled precursors and essential
chemicals
Who are the new additional offenders?
o 1. Financier person who pays for or
underwrites illegal activities in the DDA
o 2. Protector/coddler person who knowingly
and willfully consents to the unlawful acts in the
DDA and uses his power or position to shield,
harbor, screen, or facilitate escape of any
person who has violated the DDA
What are the new offenses?
o 1. Illegal chemical diversion of controlled
precursors and essential chemicals
Sale, distribution, supply, or transport of
legitimately imported, manufactured, or
procured CPECs to any person or entity
manufacturing DDs
o 2. Failure to maintain and keep original records
on transactions with DDs or CPECs

148

o 3. Misappropriation, misapplication, or failure of

public officer or employee to account for
confiscated DDs, plant sources, paraphernalia
or benefiting from these
o 4. Planting as evidence any DD/CPEC
It can even be by private persons
o 5. Violation of any RR of the DD Board
o 6. Issuance of false or fraudulent drug test
results
o 7. Violation of confidentiality of records
o 8. Refusal of members of law enforcement
agencies or any government official/employee
to testify as prosecution witness in DD cases
o 9. Delay and bungling in the prosecution of
drug cases by government officer or employee
What are the old offenses carried over?
o 1. Importation of DD/CPCE
Also, importation of such through
diplomatic passport, diplomatic facilities,
or other means using official status
o 2. Financing, organizing, managing
o 3. Protecting/coddling
o 4. Selling or distributing or brokering
transaction of DD/CPCE
o 5. Use by drug pushers of minors or mentally
incapacitated individuals as couriers or runners
o 6. Maintaining drug den, dive, or resort where
DD/CPCE is used
Being employed by or visiting such dens

Protecting or coddling such dens

o 7. Manufacture of DDs/CPCEs
Or instruments, equipment, apparatus,
etc.
o 8. Possession of DDs or instruments
Aggravated if during social gatherings
(see below)
o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or
sources
o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs
o 13. Attempt or conspiracy (see below)
What is the rule on attempt or conspiracy to
commit unlawful acts?
o They have the same penalty as the
consummated crime in the offense of:
o 1. Importation of DDs/CPECs
o 2. Sale, trade, administration, dispensation,
delivery, distribution, or transportation of any
DDs/CPECs
o 3. Maintenance of a den, dive, or resort where
DDs are used
o 4. Manufacture of DDs/CPECs
o 5. Cultivation and culture of plants which are
sources of DDs/CPECs
o N.B. these mostly relate to production and
sale/distribution

149

What are the qualifying or aggravating

circumstances?
o 1. Crime committed under the influence of
drugs
o 2. Possession of DDs or equipment
aggravated if possessed during parties, social
gatherings, or meetings, or in the proximate
company of at least two persons
What is the nature of violations of the DDA?
o Malum prohibitum
What are the new programs for treatment and
rehab of drug dependents?
o A drug dependent or any person who uses
DDs may apply to the DD Board for treatment
and rehab. Effects:
1. Exempted from criminal liability
2. Placed on probation and undergo
community service
3. Charged for violation of use of drugs
o Or compulsorily confined under the
Compulsory Submission Program by petition
of the DD board to the RTC
When is the only time the RPC has any effect?
o When the accused is a minor who is convicted
of Reclusion Perpetua (because otherwise, the
other offenders are charged with Life
Imprisonment or other non-RPC-nomenclature
sentences)

VI: CRIMES AGAINST PUBLIC MORALS

GRAVE SCANDAL (200)

What is punished here?

o Highly scandalous conduct
Where must it be commited?
o Must be in a public place. Must be in public
view
o Unless there is an element of publicity, there is
no grave scandal. Ex. the accused and her
paramour were committing adultery in a private
place (kitchen of womans house)

RA 9995 law punishing video and photo voyeurism

(amended Art. 201):

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)

o It is a crime under this provision. There is no

art here.
What must be the nature of commercial
distribution?
o It must be distributed widespread or to many
people, because if it is isolated, then it does
not disturb the law

What is the test of obscenity?

o Whether it shocks the ordinary and common
sense of men.
o Whether the tendency of the matter is to
deprave or corrupt those whose minds are
open to those immoral influences.
Is nudity obscene per se?
o Mere nudity in art or sculpture is not obscene
since this can be a work of art.
o If the nude representations are sold for
commercial purposes and not the sake of art, it
may fall under this provision on obscenity.
How about actual exhibition of sexual intercourse
in public?

150

What are the crimes punished under RA 9995?

o 1. Taking a video or photo of sexual act without
consent of person
o 2. Capture image of body parts (breast,
buttocks, genitals, etc.) without consent of the
person
N.B.: For above, there must be
reasonable expectation of privacy which
was violated
If a couple goes to a motel, is there
an expectation of privacy?
Yes. That is why they went to the
motel.
What is Reasonable expectation of
privacy?
The person concerned believes
that she can disrobe in privacy
without being concerned that she

would be captured in photo or

video
o 3. To sell, copy, or cause distribution of the
video or photos even when there is consent
by the persons involved
o 4. To broadcast in print, radio, or video these
sexual acts (even in VCD or DVD)
o N.B. So lack of consent is not an element
when the material is being distributed already
Can this video or photo be submitted as
evidence?
o No. This photo or video is inadmissible for
evidence.
o Exception: police can apply to court for an
order to take a photo or video of a couple for
investigation and apprehension of those
committing this crime.
Relate to RA 7610 - Child abuse law:
o Those who coerce or induce a child (person
under 18, or over 18 but suffering from mental
or physical defect) hired to perform in
indecent shows or obscene publications
o Here, the child is exempt from punishment
because the child is a victim.
o Who are liable?
Ascendant, guardian, any person
entrusted with care of child
Person who induces or coerces the child

VAGRANTS AND PROSTITUTES (202)

151

Amended by RA 9344, Sec. 58:

o Persons below 18 are exempt from criminal
liability from prosecution for vagrancy or
prostitution
o Or mendicancy under PD 1563
Who are vagrants?
o 1. Person with no apparent means of
subsistence, but has physical ability to work,
and who neglects to apply himself to some
lawful calling
o 2. Person loitering or wandering about with no
visible means of support
o 3. Idle person who lodges in houses of ill
repute; ruffians or pimps
o 4. Loitering in inhabited or uninhabited place
belonging to another without any lawful or
justifiable reason
o 5. Prostitutes
RA 7610: Who are liable?
o 1. Pimps
o 2. Those other persons that procure child
prostitutes or encourage them
o 3. Those who engage in sexual intercourse
with children
o 4. Those deriving profit or advantage (e.g.
owners of establishment)
Further amended by RA 9208 anti-trafficking of
persons act of 2003:

o Covers sex-tourism, qualified trafficking of

persons, etc.
When is trafficking of persons qualified under RA
9208?
o 1. If the trafficked person is a child (under 18 or
over 18 but has mental or physical defect)
o 2. Offender is in military or law enforcement
agencies
o 3. If the offended person dies, becomes
insane, gets AIDS/HIV, is mutilated
What are the civil liabilities of the offender?
o Offender liable to trafficked person from
personal properties
o If insolvent, take value from those proceeds
and instruments derived from trafficking, that
are confiscated
What are the special features of RA 9208?
o 1. THERE CAN BE INDEPENDENT ACTION
for civil liabilities under this law
o 2. Exempt from filing fees

R.A. 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE

What are the punishable acts of child

prostitution?
o 1. Promoting, facilitating, or inducing child
prostitution
When is there attempt to commit
child
prostitution
under
this
paragraph?

152

Person who is not a relative of

the child is found alone with the
latter inside a room, inn, vehicle,
or
secluded
area
under
circumstances that would lead a
reasonable person to believe the
child is about to be exploited
o 2. Those who commit sexual intercourse or
lascivious conduct with child exploited in
prostitution
When is the offender charged under
the RPC instead?
When the child is under 12, which
is statutory rape
When is there attempt to commit
child
prostitution
under
this
paragraph?
Receiving services from child in
massage parlor, sauna, or health
club, etc.
o 3. Deriving profit or advantage from child
prostitution
What are the punishable acts of child trafficking?
o 1. Any person who engages in trading and
dealing with children, as in buying and selling
children for consideration
o 2. Qualified if victim is less than 12
When is there attempted child trafficking?

o 1. Child travels alone to foreign country without

valid reason, clearance from parents or
guardian, or DSWD
o 2. Person or institution recruits women or
couples to bear children to be trafficked
o 3. Doctor, midwife, nurse, or other hospital
employee simulates birth for purpose of child
trafficking
o 4. Person engages in act of finding children
among low-income families, hospitals, clinics,
etc. for purpose of child trafficking

Crimes committed by judgment

VII: CRIMES COMMITTED BY PUBLIC OFFICERS

WHO ARE PUBLIC OFFICERS? (203)

Includes subsidiaries of GOCCs,

whether created under Corporation
Code or original charters.
Whether stock or non-stock, vested with
functions relating to public needs
(governmental or proprietary), owned by
government either wholly or partially

What is the coverage of public officers under

this Title?
o Definition
in
203
is
extensive
and
comprehensive. Embraces all public servants,
from highest to lowest. Removes distinction
between officers and employees.
o Definition includes those occupying positions in
government, highest to lowest, permanent or
temporary.
o Includes those with positions in GOCCs,
including GSIS, Postal Service.

What are the crimes under this subdivision?

o 1. Knowingly rendering an unjust decision
(204)
o 2. Rendering unjust decision through
inexcusable negligence (205)
o 3. Unjust interlocutory order (206)
o 4. Malicious delay in administration of justice
(207)
o 5. Dereliction of duty (prevaricacion) (207)
o 6. Betrayal of trust by attorney (208)

KNOWINGLY RENDERING AN UNJUST DECISION (204)

153

To which judges does this provision apply to?

o Applies to the judges of the first and second
levels (MTC, RTC)
o But not justices of appellate courts, SC, or
Sandiganbayan (those who render collective
judgment after due deliberation)
What is the nature of this offense?

o Judge must commit breach of positive statutory

duty or performance of discretionary act with
improper or corrupt motive
When is a judgment unjust?
o Contrary to law, not supported by evidence,
made with conscious and deliberate intent to
do injustice
o There must be intent + overt act
It is not enough that the judgment is
contrary to law or that the judgment is
not supported by evidence there
MUST be intent on the part of the judge
to do the injustice.
o Can this be committed by culpa?
No. This crime is malum in se. It cannot
be committed by culpa.
A judge renders a decision that is not based on
evidence on record, and he is aware of it. He still
renders the decision. Is he ipso facto criminally
liable?
o No. The judgment of the court must first
become final and executory before he can be
charged of a violation of Art. 204.
o What
prerequisite
proceedings
are
contemplated?
1. There must be a decision of an
appellate
court,
in
prohibition/certiorari/appeal impugning
the validity of the decision OR

MANIFESTLY

2. There is an administrative charge

against the judge for promulgating the
unjust order

UNJUST JUDGMENT THROUGH INEXCUSABLE

NEGLIGENCE (205)

When is there inexcusable negligence?

o If the mistake of the judge cannot be explained;
there is a manifest injustice with no reasonable
explanation.
When is a judgment unjust?
o When it is contrary to evidence on record or
the law.
Can this be committed by culpa?
o Yes. Unlike Art. 204, a judge may be liable by
culpa.
When does liability attach?
o Not only erroneous, but motivated by
dishonestly, hatred, or some other evil motive
What can the judge invoke as a defense against
ignorance of the law?
o 1. Good faith
o 2. Absence of malice
o 3. Improper consideration

UNJUST INTERLOCUTORY ORDER (206)

154

Elements:
o 1. Judge either:
A.
Renders
manifestly
interlocutory order or

unjust

B.
Decree
through
inexcusable
negligence or ignorance
o 2. Either by dolo or culpa
What is an interlocutory order?
o One that does not finally dispose of the case

MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)

What is the nature of this felony?

o Felony by dolo. Must be committed with
corrupt motives or malice, by a judge in
delaying the administration of justice.
What is required?
o Mere delay is not enough. There must be
intent to deliberately delay.

PREVARICACION/DERELICTION OF DUTY (208)

Who is liable for prevaricacion/dereliction of

duty?
o Public officer who, in dereliction of his duties,
maliciously refrains from instituting prosecution
for violation of laws or tolerates commission of
these acts
Who are the officers liable here?
o Those charged in institution or filing of criminal
complaints against violators of the law
Ex. Agents of the NBI, PDEA,
prosecutors, OMB, special prosecutor,
etc.
o Those charged with enforcement of internal
revenue laws are NOT included

155

What is the nature of this felony?

o This is malum in se.
o Although the crime may be committed by
tolerance, however, the law expressly requires
that the public officer/employee MALICIOUSLY
refrains from instituting or prosecuting
violations of the law.
What is the condition sine qua non before a public
officer/employee
can
be
charged
with
prevaricacion?
o The offender whom the public officer refused to
charge/prosecute must FIRST be prosecuted
and convicted for that crime whose prosecution
was omitted by the public officer
o This is a condition sine qua non to
prevaricacion
What crimes does prevaricacion touch upon?
o Refers to both RPC and SPL crimes
What about public officers and employees not
tasked with instituting criminal actions or
prosecuting them?
o 1. They can be liable under PD 1829
obstruction of justice
o 2. May also be held as accessories under Art.
19 of RPC
Are they liable for any other crime?
o Violation of Anti-Graft and Corrupt Practices
law, in addition to liability under Art. 208.

What is the relationship between prevaricacion

and qualified bribery?
o Prevaricacion is a constituent element of
qualified bribery (Art. 211-A). The officer has
to be convicted of prevaricacion first of an
offense punishable by RP. And then, he can
be charged with qualified bribery if he accepted
consideration for such dereliction.

BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)

o Revealing clients secrets learned by him

through professional capacity
o N.B. No need to prove damage or prejudice
here
Third form:
o Undertaking defense of opposing party in the
same case without consent of first client
o No liability for lawyer if the client accedes to
the lawyer representing another

Bribery

Who can commit a violation under this provision?

o Can only be committed by attorney-at-law (no
more procurador judicial anymore)
First form of violation:
o Client must suffer prejudice due to malicious
breach of lawyer of professional duty, or
inexcusable negligence, or ignorance
o What is prejudice?
Material or moral damage
o Where else is the lawyer liable under?
Sec. 4B of RA 3019 Anti Graft and
Corrupt Practices Law if the lawyer
knowingly induces or causes public
official to commit any of the offenses
under Sec. 3 of the RA 3019
o Practicing lawyer may also be liable for bribery
under this provision, if he connives with a
public officer.
Second form:

DIRECT BRIBERY (210)

156

Three forms of direct bribery:

o 1. Public Officer:
agrees to perform a criminal act,
in connection with official duties,
in consideration of any offer, promise,
gift, or present
received by him or through mediation of
another
whether the crime is committed by him
or another
o 2. Acceptance of gift, etc. for a non-criminal act
o 3. Acceptance of gift, etc. in consideration for
refraining from doing something which is his
duty to do
Who commits the crime of bribery?
o Crime of bribery is committed by the public
officer.

o What about the gift-giver?

Giver of the gift commits corruption of
public officer.
What are the elements of the first mode?
o 1. Accused is a public officer
o 2. He receives directly or through mediation of
another some gift, etc.
o 3. Given in consideration of commission of
commission by the P.O. of some crime in
connection with performance of his duties
Second mode?
o 1. Act in consideration for which the gift, etc.
was given does not constitute a crime
For the public officer to be liable for
direct bribery under the 2nd form,
although the act of the P.O. does not
constitute a crime, the act must be
unjust
o 2. The act or crime relates to P.O.s exercise of
functions
What if the act is not part of his duties?
o If the act is ENTIRELY outside his official
functions, not liable for direct bribery.
o Ex. If a public officer represents to an individual
that he can issue a permit, but he cannot issue
it in actuality, he is not liable for direct bribery.
He is liable for estafa.
When is bribery consummated?

157

o Because the gravamen of the crime is the offer

or promise and the acceptance, the crime is
consummated upon acceptance of the
offer/promise.
o It does not matter whether the offered thing is
actually given to the officer as long as there
is offer and acceptance, there is consummation
Does physical receipt per se amount to
consummation?
o No.
o Pelegrino v. P: The offered money was left on
the table. The public officer gets the envelope
and says ano to? HELD: Mere physical
receipt without any other act or sign showing
acceptance cannot lead the court to conclude
that bribery has been committed. There must
be physical act indicating acceptance.
What constitutes gift or present? Can it be
services?
o Yes. The gift or present may be in the form of
services to be rendered by the bribe giver. A
promise to do an act that would have pecuniary
gain to the PO is a present.
o It is enough if a reward or personal advantage
would accrue to the PO from the performance
of an act by the bribe giver, and he values it
highly
Can there be attempted or frustrated bribery?

o NO. Read on as to why even if the court

keeps on deciding there is attempted bribery,
there is actually none. To be safe, however,
follow the SC decisions for the Bar.
o De Los Angeles v. P lawyer promised and
actually delivered to NBI money to spare his
client from investigation for smuggling of
aliens. NBI agent accepted the money, but the
agent gave it to his superior to use as evidence
against the smuggler.
What crime was
committed?
Attempted bribery.
o US v. Te Tong Appellant offered money to
Chief of Police for the latter to release certain
merchandise seized from appellant in
gambling. The police accepted it, but to use it
as evidence against appellant. What crime?
Attempted bribery as well.
o P v. Ng Pek Appellant offered money to the
police to dissuade them from arresting him and
charging him for violation of ordinance.
Policemen refused to accept the money. What
crime?
Attempted bribery.
o N.B.: the one guilty of bribery is the public
officer, but why is it that in these three cases,
there was attempted bribery?
It
must
have
been
attempted
CORRUPTION OF PUBLIC OFFICER.

158

Must the gift be offered or can it be solicited?

o The present or gift may be solicited by the
public officer or employee.
If does not
distinguish whether offered by the bribe giver
or solicited by the officer
Must the act be done?
o No. It does not matter.
o In fact, if the criminal act was actually done by
the PO, he is guilty of two crimes: direct
bribery + that crime. (Article 48 does not
apply.)
o May he be charged simultaneously for
these two crimes?
Yes.
o Supposing he received the bribe to commit
a criminal act, but the officer did not
commit the criminal act?
He is liable for bribery under the first
mode. It does not matter if he actually
commits the crime or not.
When are there multiple counts of bribery?
o There are as many crimes of direct bribery as
the number of times a bribe is offered and
received/accepted.
o Ex. LTO inspector every time he checked
and he was offered money and he accepted it
to do a criminal act
Mariposque case (mode 2) A robbery was
committed, and X, a police officer, told the victim: I

will recover your property, but you have to give me

PHP 5,800.
Private complainant agreed.
X
recovered it. He did not deliver it.
o The recovery of the property was not a crime.
But there was an obligation to return the
property. It was his duty to do so. His refusal
to do so is not a crime, but it is unjust. So it
falls under Mode 2.
May a private individual be liable for bribery?
o Asejas was a practicing lawyer. His Japanese
client came to the Philippines. He told his
client there is a complaint against you.
Immigration agents told client: Give P25K so
we wont investigate you. Lawyer connived
with the public officers and encouraged his
client to give money. He did.
o HELD: Private person (lawyer) was liable for
bribery for acting in conspiracy with the public
officers.
o N.B. The Japanese client gave money
because he was afraid to be charged for any
irregularity in the VISA/ violation of DDA.
Shouldnt they have been charged for
robbery/extortion?
Bribery must be given voluntarily.
That is the difference between bribery
(voluntary giving) and robbery/extortion
(involuntarily, through threat)
When can a judge be an accomplice?

o Judge was an accomplice when he allowed his

chambers to be used for the bribery transaction
between the police and the suspected criminal
for illegal possession
When is a judge the PDP in this transaction?
o Judge was PDP when he acted as the broker
in bribery

INDIRECT BRIBERY (211)

What is indirect bribery?

o Public officer accepting gifts given by reason of
his office
Distinguish from direct bribery:
o Indirect no such agreement to perform or not
perform an act. PO is not required to do
anything in particular. Enough that he received
the gift/present by reason of his office

QUALIFIED BRIBERY (211-A)

159

N.B. Relate with Art. 208 (prevaricacion)

When does this happen?
o Public officer is entrusted with law enforcement
and he refrains from arresting or prosecuting
an offender who has committed crime
punishable by RP and in consideration of offer,
promise, gift, etc.
To what crimes does this apply?
o Crimes punishable by RP
Must it be RPC or can it be SPL?

o RPC crimes and SPLs using RPC

nomenclature (since the felony uses RP)
What is the condition sine qua non?
o The officer must first be convicted for
prevaricacion, prior to conviction for qualified
bribery.

CORRUPTION OF PUBLIC OFFICERS (212)

What is this crime?

o The act of offering or giving to the public officer
gifts, presents, etc. It must be by reason of his
public office.
o N.B. the public officer is liable for bribery
Can there be attempted corruption of public
officers under Art. 212?
o Yes, when the officer refused to be corrupted.
But there is no frustration of this crime because
once the public officer concurs, then the crime
is consummated.

Frauds, illegal exactions and transactions, malversation

FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)

What is the offense under the first paragraph?

o In official capacity, entering into agreement for
scheme to defraud government
o When is it consummated?
Consummated by merely entering into
agreement by public officer/employee

with interested party or speculator no

need for damage to be proven
o What is the nature of this act?
Crime by dolo
What is the offense under the second paragraph?
o Person who is in charge of collecting taxes,
licenses, fees who:
1. Demands payment of larger sums
2. Fails to issue a receipt voluntarily
3. Collecting or receiving things or
objects of nature different from that
provided by law
o Mere demand of sums different or mere failure
to issue receipts consummates the crime. Not
required for State to suffer damage.
o What is the nature of this act?
Mala prohibita
o If accountable officer demands amount in
excess of what is due to the government, the
amount due to the government is still public
property but the excess is private property
May private individuals be liable under Art 213?
o Yes, if there is conspiracy with public officer.

MALVERSATION (217)

160

Elements?
o 1. Offender is a public officer
o 2. He has custody or control of funds by reason
of duties of office

o 3. Those funds/property are public funds for

which he is accountable
o 4. He appropriates, takes, misappropriates,
consents, or through abandonment/negligence,
permits another to take the same
N.B. shows that malversation can be by
dolo/culpa
Is demand an element?
o No. Demand is NOT an element of the crime.
How is malversation committed?
o 1. Misappropriation of public funds
o 2. The taking of such property
o 3. Consenting another to take such property,
whether wholly or partially
o 4. Permitting another due to negligence or
abandonment of duty, to take such public funds
or property
How can this be committed?
o By dolo or culpa
What are the described public properties or funds
here?
o 1. Public funds owned by national government
or any of its agencies, including LGUs,
GOCCs, under the custody of the accountable
officers
o 2. Funds or property under custodia legis
which are attached, seized, or deposited with
private individuals or public authorities under
the law or by orders of the courts or executive

161

officers even if such funds belong to public

individuals
o 3. Funds and properties of public corporations
or special instrumentalities such as the PCSO
as well as the PNRC are public
funds/properties
Amounts loaned to private individuals by
GOCCs are private loans and are
therefore not public property or funds
What is the purpose of Art. 217?
o The SC ruled that the law is designed to
protect the government and penalize erring
public officers conspiring with private
individuals resulting to loss of public funds and
property due to corruption or neglect of duty
What is to appropriate?
o To use public funds or property for himself or
convert the same for his personal advantage
o Includes any attempt to dispose of public funds
or property without any legal right
What is taking?
o Concept of taking in malversation is the same
concept as taking in theft or robbery
o Once a public officer has possession of public
property, however brief as may be, and
disposes of the same, he is liable for
Malversation
Who is an accountable officer?

o By reason of office, is accountable for public

funds or property
o Every officer of government agency whose
duties permit or require the possession or
custody of government funds or property and
who shall be accountable therefore and for
safekeeping thereof in conformity with law
o What about donations made by private
individuals to government, are they public
funds/property?
Yes, whether domestic or foreign
source, when duly accepted by
government
(because
these
are
remitted to the national treasury and for
which a general fund is provided for).
Even the proceeds are public funds or
property.
o What is the test to determine who is
accountable?
The nature of the duties CONTROLS
and not the nomenclature of the office
X is a municipal mayor; he went to Manila on
official business. He got a cash advance. Under
the LGC, if you are given a cash advance, you
have to account for this when you return from
your destination. If he fails to account for it,
although he was not benefited. Is he liable?
o HELD: The municipal mayor is an accountable
officer, because under the Government

162

Auditing Code, he was obliged to account for

the cash advance. Fact of lack of benefit does
not exempt him from liability.
X and Y are both public officers. X is accountable,
Y is not. They use public funds to drink beer.
o HELD: X is liable for malversation. Y is not; he
is liable for theft.
Can a sheriff be liable for malversation?
o Yes, because those taken under official duties
are in custodia legis
Ex. Received money from execution
sale and misappropriates it
o What are the fiduciary funds of the courts?
Ex. Bail bonds
Ex. Funds from extrajudicial foreclosure,
even if destined for a private person,
since it is momentarily entrusted to the
one conducting public auction
o Money and property is under custodia legis if
taken through official judicial processes.
What is the rule under RA 9165, DDL?
o Any public officer or employee who is
accountable for seized/surrendered dangerous
drugs is liable under the law: life imprisonment
to death
o Can misappropriation of seized drugs be
covered by Art. 217?
Not anymore. It should be prosecuted
under R.A. 9165 alone.

If a private individual profits from the fruits of

malversation, since he cooperates as an
accessory, can he be liable?
o He can be liable for malversation as an
accessory.
There must be concrete evidence that:
o 1. He received public funds/property
o 2. There is a shortage of such
Can a public officer give vale (allowances) to a
co-employee?
o No. Government Auditing Code you cannot
give vale to a co-government employee. To
tolerate such a practice is to sanction every
public officer to turn public funds into a lending
business. So giving vale is NOT ALLOWED.
If one misappropriates different types of property:
guns, money, etc., how many crimes are
committed?
o If he did everything in one occasion, just one
crime
o If multiple times, as many crimes of
malversation as the number of times he
misappropriated.
o N.B. So it is determined by instances, not
types of property.
Clerk of court has custody of 100K consigned
with court. The sheriff stole it when the clerk
went out for lunch.
Is the sheriff guilty of
malversation?

o No. He is not the accountable officer. If the

clerk is negligent, he is liable for malversation
through negligence. The sheriff is liable for
theft.
What is the effect of restitution?
o Restitution does not exempt him from criminal
liability,
o At best it is a mitigating circumstance
analogous to voluntary surrender.
If person is charged with dolo, can he be found to
have committed it by culpa?
o Yes.
Do the aggravating circumstances of abuse of
confidence and taking advantage of public
position apply?
o No, they are INHERENT in crime of
malversation.

FAILURE TO ACCOUNT (218)

Elements:
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render
accounts to government or provincial auditor
o 4. Fails to make account within 2 months

TECHNICAL MALVERSATION (220)

163

Elements:
o 1. Public officer

o 2. Has public fund or property under

administration
o 3. Has been appropriated by law or ordinance
o 4. Applies such fund or property for public use
OTHER THAN that for which it has been
appropriated for
Gravamen of crime: use or application of
funds/property for some other purpose than that
provided for by law or ordinance
o But he did not get it for himself
Is this included in malversation in 217?
o No, this is separate and independent from
malversation in Art. 217
Does ordinance include appropriations even by
boards?
o Yes.

not grossly, it is just ground for

administrative sanction.
What are the elements of evasion through
negligence?
o 1. Offender is public officer
o 2. He is charged with conveyance or custody of
prisoner (whether detention or final judgment)
o 3. Prisoner escapes due to officers negligence
Does evasion through negligence require
connivance or consent of the officer?
o No. This is evasion through dolo.
Can private persons be liable under this
provision?
o Yes, for both forms, but the penalty is lower.
The private person must be entrusted with
custody of the prisoner.

INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)

Infidelity of public officers

INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)

How is infidelity in the custody of prisoners

committed?
o By dolo or culpa.
Dolo with connivance or consent
Culpa with negligence
o What kind of negligence is required here?
One that approximates malice or
deliberateness. If one was negligent but

164

What are the elements of infidelity in custody of

documents?
o 1. Offender is public officer
o 2. Document is abstracted, destroyed, or
concealed
o 3. The document was entrusted to the officer
by reason of his office
o 4. Damage or prejudice to the public interest or
a third person
What are the modes of committing this offense?

o 1. Officer removes, destroys, conceals

documents entrusted to him
Must have damage
o 2. Officer breaks the seals or permits them to
be broken and the officer is charged with
custody of the papers
o 3. Officer breaks the seals or permits them to
be broken and the officer is NOT charged with
custody of the papers
Distinguish this from qualified theft:
o Infidelity: mail matter is entrusted to the official
custodian thereof
o Qualified theft: mail matter not entrusted, but in
the course of performance of duty, he handles
mail matter and misappropriates it

OPENLY REFUSE
COURT, ETC. (231)

What is openly refusing?

o Promptly and unreservedly refusing to execute
judgment
o There must be clear and manifest refusal
o And there must be criminal intent to defy
superior authority
What if the decision is void?
o Disobedience to void or invalid decision is not
a crime

OTHER REFUSALS (232-4)

REVELATION OF SECRETS (229-230)

TO EXECUTE JUDGMENT OF SUPERIOR

What is covered by these provisions?

o 1. Public officer who reveals secret known to
him by reason of official capacity
o 2. Public officer wrongfully delivers papers he
is in charge of and which should not be
published
o 3. Public officer who reveals secrets of private
individual known to him by reason of official
capacity

What are the other kinds of refusal?

o 1. Disobedience to order of superior officer
o 2. Refusal of assistance in the administration of
justice or other public service
o 3. Refusal to discharge elective office

MALTREATMENT OF PRISONERS (235)

Other offenses or irregularities

165

See RA 9745 law on torture

Who are the public officers?
o Those with custody of or in charge of the
prisoner
o Custody must be actual and not just by fiction
of law
Who is the victim?
o The prisoner, the detention prisoner, or convict
who was subjected to maltreatment

ANTICIPATION,
(236-8)

PROLONGATION, ABANDONMENT OF DUTIES

ABUSES AGAINST CHASTITY (245)

Judge who continues to exercise functions of an

abolished position, in GF, is a de facto officer
Abandonment must be total and under such
circumstances indicating absolute relinquishment

USURPATION OF LEGISLATIVE POWERS /

FUNCTIONS/ LEGISLATIVE FUNCTIONS (239-241)

o Merely recommending is not a crime under this

provision.
o To be liable must nominate someone not
qualified

If he inflicts physical injuries without intent to kill or he

kills the prisoner, he may be guilty for maltreatment of
prisoners and either PI or homicide/murder

EXECUTIVE

Usurpation of one department of the powers of

another
Does not cover usurpation within the same
department. Different provision covers such
usurpation

UNLAWFUL APPOINTMENTS (244)

What is required?
o Must be aware that the person nominated or
appointee does not have the legal
qualifications.
Is good faith a defense?
o Yes.
Differentiate nominating and recommending:

What are the violations?

o 1. Public officer solicits or makes immoral or
indecent advances to a woman interested in
matters pending before such officer
No need for solicitation to be accepted
o 2. Warden or other public officer directly
charged with care/custody of prisoners or
persons under arrest solicits or makes indecent
advances to a woman under his custody
o 3. Jail warden makes immoral advances or
solicitation to the wife, daughter, sister, or
relative within the same degree of affinity of
any person in the custody of such
warden/officer
So here, the prisoner is male but the
solicitation is against a female
N.B. doesnt cover mothers
What if a crime against chastity or person is
committed?
o Art. 245 is absorbed
Public Authority is an Aggravating circumstance

R.A. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

166

What does RA 3019 cover?

o 1. Covers elected and appointed officials and
employees, permanent or temporary, whether
classified, unclassified, or exempt service
receiving compensation, even nominal, from
government
o 2. Also covers the private individuals involved
in paragraphs B, C, D, and K (one who urges
release of confidential information for K)
What are the punishable acts?
o a. Persuading, influencing, or inducing a public
officer to commit a violation or offense
o b. Requesting or receiving any benefit for
himself or another in a transaction with
Government where the public officer has to
intervene
o c. Requesting or receiving any benefit from
another for whom the public officer will secure
or has secured a government permit or license
o d. Accepting or having a family member accept
employment in private enterprise with pending
official business with him
During pendency and up until 1 year
after termination
o e. Causing undue injury to a party/government
or granting unwarranted benefits to a party
through evident BF or manifest gross
inexcusable negligence

o f. Neglecting or refusing to act upon official

duty with just cause to obtain some benefit or
to discriminate against/favor a party
o g. Entering in manifestly and grossly
disadvantageous contract on behalf of
Government
o h. Having pecuniary interest in any transaction
with Government upon whom he intervenes
o i. Having material interest in any transaction or
act requiring discretionary approval by a board
which he is part of, even if he votes in the
negative
o j. Knowingly granting a benefit in favor of an
unqualified person or to a mere dummy of the
latter
o k. Divulging confidential information
What are the exceptions?
o Unsolicited gifts of small or insignificant value
offered or given as mere ordinary token of
gratitude/friendship

R.A. 7080 ANTI-PLUNDER ACT

167

What is the definition of ill gotten wealth?

o Any asset, property, enterprise, or material
possession of any person acquired by him
directly or indirectly through dummies,
nominees, agents, subordinates, associates by
any combination or series of the following
means:

1. Malversation of public funds

2. Receiving kickbacks or shares in
government contracts
3.
Fraudulent
conveyance
of
government assets
4. Accepting equity shares or future
employment in business enterprise
5. Establishing monopolies to benefit
certain persons
6. Taking undue advantage of public
position to enrich himself
What is the plunder?
o Public officer who by himself or with others
amasses
ill-gotten
wealth
through
a
combination or series of overt or criminal acts
(see above) amounting to at least 75M pesos
What is series/combination?
o Series is the repetition of the same predicate
act
o Combination is the commission of at least two
different predicate acts
What is pattern?
o At least two such acts within a 10-year span
(from the RICO Act)

R.A. 9372 HSA

What are liabilities of authorities?

o 1. Unauthorized or malicious interception or
recording of communication or conversation

o 2. Failure to turn over detainee within 3 days to

judicial authorities
o 3. Violating rights of the detainee
o 4. Failure to keep official custodial logbook and
required contents
o 5. Threat, intimidation, coercion, torture in
investigation
o 6. Infidelity in custody of detainees
o 7. Unauthorized use of classified materials
o 8. Furnishing false evidence, forged document,
spurious evidence
o 9. Refusal or delay in release of acquitted
person
What are the unlawful acts related to banks?
o 1. Failure to notify person of freezing of bank
deposits or accounts
o 2. Copying, removing, destroying joint affidavits
re: frozen deposits
o 3. Unauthorized or malicious examination of
bank
o 4. Bank officials or employees defying court
authorization
o 5. Unjustified refusal to restore frozen deposits
o 6. Loss, misuse, diversion of frozen or seized
assets

VIII: CRIMES AGAINST PERSONS

PARRICIDE (246)
168

What are the elements of parricide?

o 1. A person is killed
o 2. The deceased is killed by the accused
o 3. Deceased is the parent or child (whether
legitimate
or
illegitimate),
legitimate
ascendant/descendant, or spouse of the
accused
o When is legitimate relationship required?
NOT between parent and child.
But for every other ascendantdescendant relationships, it must be
legitimate.
What if the child is less than 3 days old?
o The crime is infanticide
Distinguish between parricide and infanticide:
o Basis of parricide is relationship; infanticide is
age
o Parricide committed only by relatives
enumerated; Infanticide committed by anyone
o In parricide, conspiracy cannot be applied
because relationship is an essential element,
so the non-relative co-conspirator cannot be
charged with parricide; Conspiracy can apply
to infanticide because relationship is not
determining
o Concealment of mothers dishonor is mitigating
in infanticide but not parricide

Can parricide be complexed with unintentional

abortion?
o Yes.
o Ex. X stabbed his wife to death, and the wife
was pregnant at the time. The unborn child
dies.
Is there robbery with parricide?
o No. Its still robbery with homicide. Homicide
is used in its generic term, so it includes
parricide and infanticide.
Can it be committed by culpa?
o Yes. Can be committed by culpa
o Ex. Spouses were quarreling and in retaliation,
the husband drove the car with recklessness,
killing his wife.
What if the victim did not die?
o Frustrated or attempted parricide
What if there is no intent to kill?
o Physical injuries

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)

169

When does it apply?

o Legally married person surprises his spouse in
the act of sexual intercourse with another
person and kills any or both of them in the act
or immediately thereafter

o Or under same circumstance, parents with

respect to minor daughters living with them,
vis--vis seducers
What must be the nature of intercourse?
o Sexual intercourse must be consensual
o Even if not consensual, Article 247 can still
apply if husband acted due to mistake of fact.
Does Article 247 cover sexual assault?
o No, it only mentions actual intercourse. RA
8353 did not amend Article 247.
What if the killing happens an hour later?
o It is fine, if the killing was still proximate and it
must be the by-product of the spouses rage
What if the spouses were living separately?
o It is not a required element so Article 247 can
still apply.
o But for minor daughters, she must live with her
parents.
What is the punishment?
o Destierro, if there is death.
o None, if only physical injuries
o Must the court take into consideration
mitigating and aggravating circumstances?
No, because destierro is not a
punishment per se
Who cannot benefit?
o One who prostitutes his spouse or daughter
Is there civil liability for the killing of the
paramour/spouse?

o No, because Art. 247 is an absolutory cause

a crime is committed but there is no criminal
liability
H caught his W in the act and told her to leave. W
went inside the bedroom to take her jewelries. H
said W should just leave and not take the jewelry.
W tried to stab H, H stabbed W. Does Art 247
apply?
o No; NOT Art. 247 because he was protecting
himself. This was self-defense (Article 11).
Can a relative invoke Article 247?
o No. But he can invoke Article 11, defense of
honor but the act must be reasonable.
What if in the course of firing upon his spouse
and the paramour, the offended spouse
accidentally injures a third party caught in the
crossfire. What is the crime?
o Article 365 applies: SPI/LSPI through simple
imprudence
o It cannot be attempted homicide because there
is no intent to kill and moreover, the accused
was not committing a crime in killing his
spouse and the paramour

MURDER (248)

170

When is homicide qualified to murder?

o 1. Treachery, superior strength, aid of armed
men, employing means to weaken the defense

o 2. Price, reward, or promise

o 3. Inundation, fire, poison, explosion, etc., or by
means of motor vehicles
o 4. On occasion of a calamity
o 5. Evident premeditation
o 6. Cruelty, scoffing at the corpse
What if the killing is not homicide (ex. parricide or
infanticide)?
o Then the qualifying circumstances above just
become generic aggravating circumstances
o It must be homicide
What if there is more than one qualifying
circumstance for homicide to become murder?
o It only takes one to qualify it to murder
o The other will become a generic aggravating
circumstance (but since the DP has been
abolished, so the penalty will not be affected
murder is already RP)
May treachery apply in abberatio ictus?
o Yes, if the unintended victims were helpless to
defend themselves
What about dwelling and nocturnity?
o They are not qualifying per se, but they can be
instrumental in treachery, which can qualify

HOMICIDE (249)

What is homicide?

171

o Killing of any person which does not constitute

parricide, murder, or infanticide, and without
justifying circumstance
What is the rule on intent to kill?
o When consummated, it is presumed and hence
need not established
o When the victim did not die, intent to kill
becomes a specific criminal intent which must
be established BRD
Otherwise, just physical injuries
o When death supervenes, intent to kill is
presumed from voluntary commission of an
unlawful act
Is there frustrated homicide through reckless
imprudence?
o No. Homicide means there is intent. Fall back
on the concept that if there is no death, no
homicide is presumed.
What is the special aggravating circumstance for
those who commit murder, homicide, SPI, or
intentional mutilation and the victim is under 12,
under RA 7610?
o The punishment is RP regardless
When does VAWC apply, and when does
homicide/murder apply?
o If there is intent to kill, its attempted or
frustrated murder/homicide.
Of course, if the victim dies,
murder/homicide.

o For acts of violence without intent to kill, VAWC

applies.
Under RA 8294, when does illegal possession of
firearms become aggravating?
o For murder and homicide.
Nepomuceno: included parricide in this
provision, because it also involves
taking of life
o Whereas for rebellion/insurrection, sedition,
attempted coup, its just absorbed as an
element of the crime.
o N.B. Simple illegal possession of firearms can
only be committed if no other crime is
committed with such firearm. If there is some
other crime committed, the illegal possession is
absolved (ex. alarms and scandal, attempted
homicide, etc.)
o What is an unlicensed firearm?
1. One without a license
2. One with expired license
3. Unauthorized use of licensed firearm
in the commission of a crime
o What about the use of unlawfully
manufactured, acquired, or possessed
explosives?
If used to commit ANY of the crimes in
the RPC and it results to injury or death
of any person, it is an aggravating
circumstance

Except in furtherance of political crimes,

which absorbs the use of explosives
What if a person is killed in the course of or in the
occasion of carnapping?
o It becomes qualified carnapping. Article 48
does NOT apply.

DEATH IN TUMULTUOUS AFFRAY (251)

INJURIES IN TUMULTUOUS AFFRAY (252)

172

AND

PHYSICAL

What is the nature of Articles 251-2?

o Does not define a crime. It only provides
penalty.
o What is contemplated here are deaths in a
tumultuous affray where the actual killer (or
inflictor of SPI) is not known. If the person is
identifiable, then these articles do not apply.
Elements of 251:
o 1. Several persons means more than 2 in each
group
o 2. They are not groups that are organized for
the purpose of attacking another
Otherwise, conspiracy will apply
o 3. Persons attack one another is a tumultuous
manner
o 4. Cannot determine who killed the deceased
o 5. Person who inflicted physical injuries on the
deceased can be identified
o Who is the victim in 251?

Someone meaning, it can be a

participant or a mere passerby
What about 252?
o 1. Same circumstances, but nobody died; there
are just SPI, and the person who actually
inflicted the SPI cannot be ascertained
o 2. But those who inflicted violence on the
person can be determined
o Who is the victim in 252?
Must be a participant in the affray
What if the person who committed the killing (251)
or SPI (252) can be ascertained?
o Then neither 251 nor 252 can apply.
What if one group in a concerted and planned
effort attacked the other and the latter only
defended themselves?
o All of the members of the attacking group are
liable for all injuries on the basis of Art. 8
(Conspiracy) the act of one is the act of all
What if the group is organized?
o Then conspiracy will apply too.

DISCHARGE OF FIREARMS (254)

ASSISTANCE TO SUICIDE (253)

o A person has decided to commit suicide and

requested another to assist in his suicide.
o If the initiative did not come from the deceased,
obviously, its homicide or murder.
If X jumps to kill himself, lands on another, and
kills that other person, what is the crime?
o S can be liable for the death of the other
person
o Others believe not liable

Is suicide a crime?
o No. A person trying to commit suicide does not
commit a crime, even if he fails to kill himself.
What is contemplated in 253?

173

Elements:
o 1. Offender discharges a firearm against or
towards another
o 2. With no intention to kill or injure but only to
scare
What if there is intent to kill?
o Then it is murder or homicide in attempted or
frustrated stage
What if there is no intent to kill but the person was
hit?
o Physical injuries (S, LS, or slight)
What if he fires in the air?
o Its Tumults/serious disturbances (153) or
Alarms and scandals (155)
What if the firearm is unlicensed?

o Under RA 8294, it doesnt matter because

another crime is committed (discharge of
firearms)
Can discharge of firearms be complexed with
S/LS Physical injuries?
o Yes. This is if a random person gets hit by the
discharged bullet.

o If committed by the mother of the child to

conceal her dishonor, her penalty is mitigated
o Also can be committed by the maternal
grandparents
ABORTION (257-259)

INFANTICIDE (255)

Elements:
o 1. Child is born alive
o 2. The child is already viable (capable of
independent existence)
Who is not viable?
Fetus with intra uterine life of 6
months or less
What if the fetus is not yet viable?
Then it is abortion
o 3. The infant killed was less than 3 days old
Who can commit the crime?
o Anyone, even if not a relative
Can treachery apply as an aggravating
circumstance?
o No. Treachery is inherent in infanticide
o As with abuse of superior strength
What is the extenuating circumstance of
concealment of dishonor?

174

When is there abortion?

o 1. Fetus is still drawing life from his mother
o 2. Fetus is not yet breathing on its own
o 3. Baby had intra-uterine life of less than 7
months and is killed within 24 hours
What are different kinds of abortion?
o 1. Intentional abortion
o 2. Unintentional abortion
What are the means by which intentional abortion
is done and punished?
o 1. Violence upon person of pregnant woman
(RT)
o 2. Without violence, but without consent of
woman (PM)
o 3. With consent of woman (PC)
What else in included?
o 1. Abortion practiced by the pregnant woman
herself or her parents
o 2. Abortion performed by a physician or
midwife

o Yes.

Does
the
alternative-aggravating
circumstance of high degree of
education apply here?
No, the education is an element
of the crime is already punished
accordingly.
Can there be frustrated abortion?
o Yes, according to J. Regalado
What is unintentional abortion?
o Another person (not the woman) causes
abortion by violence, but unintentionally
What does unintentional refer to?
There must be no intent to abort
the child.
But unintentional does not refer
to culpa, because there has to be
prior
violence
with
intent
committed.
o What if the violence was caused by
imprudence?
It is not unintentional abortion
It
is
reckless/simple
imprudence
resulting to unintentional abortion
o X stabbed and killed his wife 9 months
pregnant. What is the crime?
Parricide with unintentional abortion
Does concealment of dishonor by the mother or
maternal (almost) grandparents also apply to
unintentional abortion?

Intentional abortion

Unintentional abortion

With or without violence

Always
violence

By woman herself
another person
Offender knows
pregnancy

with

physical

or Always by another person

of

the Offender may or may not

know of the pregnancy

There is intent to abort

There is intent to inflict

violence, but no intent to
abort

DUEL (260-1)

175

Elements:
o 1. Previous agreement to fight
o 2. Two or more seconds for each combatant
N.B. seconds are those who enforce
the rules of the duel, who take their
place if they cant finish, etc.
o 3. Choice of arms and other terms of
agreement must be agreed upon by the
seconds
How is resulting death or injuries punished?
o Homicide or physical injuries
Who is the offender?
o 1. Person who challenges another

o 2. Person who incites another to challenge an

adversary
o 3. Person who accepts challenge from an
adversary to a duel
o 4. Scoffing or decrying another for having
refused to accept a challenge to fight or duel

MUTILATION (262)

What is mutilation?
o Intentional chopping off of a part of the body
which will not grow again
What is controlling?
o There must be intent to mutilate. So it cannot
be by culpa.
What if there is no direct intent to mutilate?
o Just serious physical injuries
What if there is intent to kill?
o Frustrated homicide or parricide
Can mutilation be punished under VAWC?
o No, because RA 9262 says that mutilation is
punished under the RPC, and not VAWC
When is the punishment greatest?
o When what is cut off is a body part for
reproduction

SERIOUS PHYSICAL INJURIES (263) AND ADMINISTERING

INJURIOUS SUBSTANCES OR BEVERAGES (264)

OF

176

What is the most important thing to remember for

PI?
o There must be no intent to kill
How is SPI committed?
o 1. Wounding, beating, or assaulting another
(263)
o 2.
Knowingly
administering
injurious
substances or beverages (264a)
o 3. Taking advantage of his weakness of mind
or credulity (264b)
What is the classification of injuries and penalties
based on severity (most severe to least)?
o Par. 1:
MENTAL insane or imbecile
PHYSICAL impotent or blind
Blindness: must be complete
Impotence: loss of power to
procreate and not copulation
N.B. if castration was done with
intent to deprive the victim of the
power of generation: mutilation,
not SPI
o Par. 2:
LOST POWER TO speak, hear, smell
LOST USE OF eye, hand, foot, arm,
leg
LOST BODY PART eye, hand, foot,
arm, leg

INCAPACITY TO WORK permanent,

as to job habitually engaged in
o Par. 3:
Deformity
Injury resulted to an ugliness
upon the offended that would not
disappear through natural healing
process
LOST BODY PART any other part
ILLNESS OR INCAPACITY TO WORK
more than 90 days
o Par. 4:
ILLNESS OR INCAPACITY TO WORK
more than 30 days
What are the circumstances qualifying SPI?
o 1. Victim is any of those of parricide
Except for parents, on injuries inflicted
by them due to excessive chastisement
o 2. Presence of any of the qualifying
circumstances for murder
How does SPI relate to robbery with physical
injuries?
o 1. Par. 1, if committed by reason or on
occasion of robbery (RT med RP)
o 2. Par. 2, if committed by reason or on
occasion of robbery (RT)
o 3. Par. 3-4, if committed in course of execution
of robbery (PM max RT med)

o What is in course of execution of

robbery?
It means the robbery is not yet
completely accomplished when the SPI
were inflicted
As opposed to par. 1-2, where it can be
by reason of or in the occasion of
robbery
When does Art. 264 apply?
o When injurious substances are introduced or
injected into the body of the victim
What is important (again)?
o No intent to kill
What if the substance is poisonous?
o Murder (or attempted/frustrated)
Can this be committed by culpa?
o No. There must be intentional introduction of
the substance
What if the offender is not aware that the
substance is injurious?
o Serious physical injuries through reckless
imprudence
What if there is intent to kill but the quantity is not
enough to kill?
o SPI or LSPI
o Not an impossible crime

LESS SERIOUS PHYSICAL INJURIES (265)

177

When are there LSPI?

o When the incapacity of the offended party is
10-30 days, or he requires medical attendance
for the same period
What are the qualifying circumstances for LSPI?
o 1. Ignominy or to insult or offend the victim
(additional fine)
o 2. Victim is offenders parent, ascendant,
guardian, curator, teacher, or persons of rank
or PIA (next higher degree of penalty)
o But isnt harming a PIA direct assault?
Yes. So this provision only applies if the
PIA is not performing acts in the course
of his duties
Or if the offender didnt know the victim
was a PIA

RAPE (266-A AND 266-B)

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)

Slander by deed
What if the injury was not serious at the onset but
later on becomes serious?
o The crime committed can change on the
ultimate injury caused
o Ex. frustrated can become consummated
o Ex. SPI can become homicide

When is there slight PI (from highest degree to

lowest)?
o 1. Incapacity of offended party is 1-9 days
o 2. Physical injuries do not prevent the victim
from engaging in habitual work and did not
require medical attendance
o 3. Maltreatment by deed
X slapped Y. Y did not sustain physical injury or
need medical attendance. What is the crime?
o Slight PI
o What if the purpose is to humiliate Y?

178

What is the nature of rape since RA 8353?

o It is a crime against persons
o Thus, it may be filed by the public prosecutor.
Consent of the offended party is no longer
needed to file.
May husbands be liable for rape/sexual assault on
their lawful wives?
o Yes. While he has the right to use persuasion,
he cannot use force, violence, or intimidation.
o Wife has the right to refuse, for instance, if they
are legally separated or the husband has
AIDS.
What are the two classifications under RA 8353?
o 1. Rape
o 2. Sexual assault
o What if an offender inserts his organ and
then his finger in a womans vagina?
One count of rape, and one count of
sexual assault

Who may be the offender and offended in rape

and sexual assault?
o Rape is always a man against a woman
What is the exception?
A woman may be guilty of rape
as an accomplice or principal by
indispensable cooperation
o Sexual assault may be committed by or against
men or women
Is there frustrated rape or sexual assault?
o No.
It is always in the attempted or
consummated stage.
o It is enough that a part of the object or organ
passes through the genitals, anal orifice, or
mouth to consummate the crime.
What is the instrument covered by sexual
assault?
o It can be a body part or other things
What are the means by which rape is committed?
o 1. Force, threat, intimidation
What is the nature of force?
Can be actual or constructive
What is important is that the
offender was able to achieve his
purpose
What is the nature of fear?
It includes fear of harm or death
What is the nature of intimidation?

It must be viewed in the eyes of

the victim
And sufficient enough to cause
fear on the part of the victim
A father raped his daughter, but
claimed the latter did not resist. Is it
still rape?
Yes.
Moral ascendancy and
parental authority substitute for
violence.
The same rule applies for uncles,
common law husband of mother,
etc.
X injected a drug into Ys body and
forced sexual intercourse upon her.
What is the crime?
Still rape. The drug took away
her ability to resist.
o 2. Offended party is deprived of reason or
unconscious
Deprived of reason:
Intellectually weak to the extent
that she is not capable of giving
consent to intercourse
What is the extent of deprivation of
reason?
Need not be complete
o 3. Fraudulent machination or grave abuse of
authority
179

What is an example of fraudulent

machinations and grave abuse of
authority?
The offender succeeds by
pretending to be his twin brother
is a fraudulent machination
Grave abuse of authority is one
done by an employer to an
employer, teacher to student,
doctor to patient, etc.
o 4. Under 12 years old or demented
This is statutory rape. No need for
force, threat, intimidation, or other
circumstances to exist.
What are the qualifying circumstances?
o [Weapons/military]
o 1. Use of deadly weapon or by 2 or more
persons
It must be used to intimidate the woman,
and not just mere possession
o 2. Victim is under custody of police or military
o 3. Committed by AFP, PNP, or other law
enforcer
o [Adverse effect on the victim]
o 4. Victim became insane on occasion of rape
o 5. Victim suffered permanent physical
mutilation or disability
o 6. Offender knows he has HIV, AIDS, or other
STD

180

o [Relationship]
o 7. Victim is under 18 and offender is a parent,
ascendant, step-parent, guardian, relative by
blood or affinity to 3rd degree, common law
spouse of parent of victim
o 8. In full view of the spouse, parent, children, or
other relatives up to 3rd degree
o [Specially protected victims]
o 9. Victim is under 7 years old
o 10. Victim has religious vocation or calling and
it is known by the offender prior to the rape
o 11. Victim was pregnant and it is known by the
offender
o 12. Victim has mental disability, emotional
disorder, or physical handicap and it is known
by the offender
How many circumstances are needed to qualify
rape?
o Just one.
o Are the other qualifying circumstances
treated as generic aggravating?
No.
What is the special complex crime?
o Homicide committed on occasion of rape or
sexual assault
Homicide is used in its generic term
No such thing as Rape with Murder. Its
always Rape with Homicide.
o What is on the occasion?

o 6. Inflicting or threatening to inflict physical

harm to control womans actions or decisions
o 7. Using force or intimidation to have the
woman or child perform non-rape sexual
activity
o 8. Acts that cause emotional or psychological
distress to the woman or her child. Ex:
A. stalking
B. peering or lingering
C. entering dwelling against their will
D. destroying property or harming
animals or pets
E. harassment or violence
o 9. Causing mental or emotional anguish, public
ridicule, or humiliation to the woman or her
child

There is logical connection between the

rape and homicide.
There is no appreciable amount of time
lapsed
What is the rule on pardon?
o The valid marriage between the offender and
offended party shall extinguish the action or the
penalty imposed.
o If the offender is already her husband, then
subsequent forgiveness extinguish the action
or penalty.

R.A. 9262 VAWC

What are the punishable acts?

o 1. Physical harm to woman or her child
o 2. Threatening to cause such physical harm
o 3. Attempting to cause such physical harm
o 4. Placing woman or her child in fear of
imminent physical harm
o 5. Attempting to have the woman or her child
do something they can refuse to do, stop doing
what they have the right to do, or restrict
freedom of movement. Non-exclusive list:
A. threaten to deprive custody
B. threaten to deprive financial support
C. threaten to deprive a legal right
D. preventing woman from engaging in
lawful profession

R.A. 9775 ANTI-CHILD PORNOGRAPHY LAW

181

Who is a child under RA 9775?

o 1. Below 18
o 2. Mentally incapacitated
o 3. Person of age, but depicted as a child
o 4. Computer generated child
What is child pornography?
o Representation, visual, audio, or written, of
child engaged in real or simulated explicit
sexual activities.
o Explicit sexual activities are:

1. Genital-genital, genital-oral, analgenital,

whether
heterosexual
or
homosexual
2. Bestiality
3. Masturbation
4. S&M
5. Lascivious exhibition of genitals,
buttocks, breasts, pubic area, or anus
6. Use of object or instrument for
lascivious acts
What are the unlawful or prohibited acts?
o [Producing]
o 1. Hiring or using child in porn
o 2. Produce, direct, manufacture child porn
o 3. Intentionally provide venue for commission
of prohibited acts (cinemas, dens, private
rooms, etc.)
o [Selling/distributing]
o 4. Sell, distribute, publish, or broadcast child
porn
o 5. Possess such with intent to sell, distribute,
publish, or broadcast
When is there prima facie evidence of
intent to do such acts?
Possession of at least 3 copies of
child porn in the same form
o 6. Distributors, theaters, telecom companies
distributing child porn
o 7. Pandering child porn

Selling or distributing material causing

another to believe that the material
contains child porn, regardless of actual
content
o [Corrupting children]
o 8. Parent or guardian knowingly permitting the
child to engage in porn
o 9. Luring or grooming a child
Luring:
communicating
through
computer with child to facilitate sexual
activity or production of porn
Grooming: preparing child for sexual
activity by communicating child porn
o [Accessing child porn]
o 10. Willfully accessing child porn
o 11. Possession of child porn
o [Conspiracy]
o 12. Conspiracy to commit any of the prior acts
When is there a syndicate for child porn?
o At least 3 or more persons conspiring or
confederating with one another

R.A. 8049 ANTI-HAZING LAW

182

What is hazing?
o Placing recruit in some embarrassing or
humiliating situation such as forcing him to do
menial, silly, foolish, and other similar tasks or
subjecting him to physical or psychological
suffering or injury

Requisites of valid initiation rites?

o 1. Include no physical violence
o 2. Prior written notice to school authorities or
head of the organization (ex. AFP) 7 days
before the initiation.
The school/organization sends a
representative to the rites
Notice contains:
1. Names of all those subjected
to activities
2. Time period
o 3. Initiation must not exceed 3 days.
Liable as principals:
o 1. Officers and members who actually
participated in the infliction of physical injury or
death
What is prima facie evidence of
participation?
Merely being present there
o 2. Officers or alumni who planned the hazing
although not present
o 3. Parents of member whose house is used, if
they knew but did not prevent such acts from
happening
Liable as accomplices:
o 1. Owner of the place where it was done, if he
has actual knowledge of what is happening
o 2. School authorities who consented to the
hazing or knew, but did not prevent

Which MC does RA 8049 not allow?

o Praeter intentionem
What are the qualifying circumstances?
o 1. Recruitment accompanied by force,
violence, threat, intimidation, or deceit on the
recruit
o 2. Recruit consented to join but wanted to quit
upon learning about hazing, but was not
allowed to quit
o 3. Recruit was prevented from reporting to
parents or authorities through force, violence,
threat, intimidation
o 4. Hazing committed outside school or
institution
o 5. Victim is below 12 years old

R.A. 9344 JUVENILE JUSTICE AND WELFARE ACT

183

What are the prohibited acts by competent

authorities?
o 1. Branding or labeling the child as young
criminal, juvenile delinquent, prostitute, or
attach other derogatory names
o 2. Making discriminatory remarks as to childs
class or ethnic origin
o 3. Employment of threats of whatever kind or
nature
o 4. Using abusive, coercive, and punitive
measures (cursing, beating, stripping, etc.)
o 5. Using CIDT

o 6. Compelling child to perform involuntary

servitude
IX: CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)

Elements of kidnapping/SID?
o 1. Committed by private individual
o 2. Kidnaps or detains another or otherwise
deprives him of liberty
What is the specific intent needed?
Specific intent is to deprive
liberty
Does
deprivation
just
involve
imprisonment or locking up?
No. It can include deprivation
of liberty in whatever form,
and for whatever length of
time.
No need for actual deprivation
of liberty, even if free to roam
around, but cannot go home
or go anywhere, there is still
deprivation of liberty
o 3. Detention is illegal
i.e., no consent was given
When is lack of consent presumed?
Presumed if the victim is a
minor.

184

Can there be kidnapping even if the

victim initially agreed to go with the
offender?
Yes. If at the onset, the victim
agreed to go with the
offender, but is thereafter
prevented with use of force
from leaving the place, and
there was deprivation of
liberty, there is kidnapping.
o 4. At least one of the circumstances in Art. 267
applies
When does it become Kidnapping and Serious
Illegal Detention under Article 267?
o 1. Detention lasted more than 3 days
o 2. Offenders simulated public authority
o 3. Physical injuries were inflicted on the victim
o 4. Threats to kill the victim were made
o 5. Victim is a female, public officer, or minor
(except when accused is one of the parents)
o Is length of time relevant?
Only for the first paragraph (more than 3
days). Duration or length of time is
irrelevant if any of the circumstance in
par. 2 to the last paragraph of Art. 267.
o If the private individual pretended to be a
policeman, is it a police crime of
kidnapping with usurpation of public
authority?
No. The usurpation of public authority is
a mode of committing kidnapping (par.
2) so it is not a distinct offense.
What are the qualifying circumstances?

o 1. Ransom is demanded
Must ransom be paid?
No, mere demand for ransom
is enough.
What can ransom encompass?
Not just money but anything
of value or beneficial
o 2. Victim is killed or dies as a consequence
o 3. Victim is raped
o 4. Victim is subjected to torture or
dehumanizing acts
Distinguish kidnapping from grave coercion:
o In grave coercion, a person is also prevented
from leaving or going to another place, but
there is no actual confinement or lockup of the
victim.
o P v. Astorga: accused and victim where
strolling in school grounds where accused led
victim to another town. The child wanted to
leave but accused did not let her, parents saw
them, not kidnapping but grave coercion
Is there a complex crime of kidnapping with SPI?
o No. Infliction of SPI is a mode of kidnapping
(par. 3).
What if the victim in kidnapping is tortured?
o Under RA 9745, if the victim in crimes against
persons or crimes against liberty is tortured,
then the penalty imposed is the maximum.
What if the victim is killed?
o Special complex crime of kidnapping with
homicide or
o Special complex crime of kidnapping with
murder

185

N.B. unlike robbery (which is always just

attended by homicide), there can be
special complex crime of kidnapping
with murder
When do such special complex crimes arise?
o When there is a logical connection or intimate
relation between the kidnapping and the rape
or homicide.
o This applies even if the rape or killing is merely
an afterthought.
o What if the person dies in crossfire due to
police officers firing?
There is still kidnapping with homicide
because its only required that there is a
logical connection with the kidnapping
or that arises from it
o What about torture?
Apply RA 9745 instead.
Dehumanizing acts this has been
amended by RA 9745, which considers
torture as distinct from dehumanizing
acts
What if two persons were killed by reason or on
occasion of the kidnapping?
o There are as many crimes as the number of
persons kidnapped.
o So in this example, there are two counts of the
special complex crime of kidnapping with
homicide.
What if a component crime of the special complex
crime was merely attempted or frustrated?

o There is no special complex crime.

The
special complex crime only arises when all
component crimes are consummated.
o If victim subjected to attempted or frustrated
homicide/murder, this is separate from the
crime of kidnapping, do not use Art. 48
X and Y kidnapped Z, took his car, and demanded
ransom. When they failed to get ransom, they
killed Z. What are the crimes?
o 1) Kidnapping with homicide for ransom. 2)
Carnapping
There is a special complex crime.
o The SC, however, said that the crime is
kidnapping for ransom and carnapping, with
the homicide as aggravating circumstance.
The odd thing is there is no law allowing for the
homicide to be an aggravating circumstance.
(P v. Muit)
When is it simple murder, and when is it
kidnapping with homicide?
o Primary purpose of the offender is material in
determining the crime. If the primary purpose
is to kill, its murder. If the primary purpose is
deprivation of liberty and the victim is killed,
kidnapping with homicide.
What about rape vis--vis kidnapping with rape?
o If the original purpose is rape, and the
deprivation of liberty is to fulfill this purpose,
then rape. For kidnapping with rape, the rape
must just happen on occasion of the
kidnapping.
Under PD 532 (highway robbery), what if
kidnapping is committed too?

o Qualified. Penalty is (before) death.

When will kidnapping of a person on the highway
become a crime under PD 532?
o The seizure must be directed not against a
specific or preconceived victim, but against
anyone (indiscriminate).
o Must prove that the offenders are organized for
the committing of indiscriminate kidnapping.
Differentiate kidnapping from illegal detention:
o Kidnapping denotes taking of a victim
o Illegal detention consists in mere deprivation of
liberty
Can murder and kidnapping with murder arise as
two separate crimes?
o Yes.
Ex. X killed son of employer then
kidnapped and killed the other child, 2 crimes:
murder and kidnapping with murder, as the
killing of the first child was already
consummated at the time the second was
kidnapped and killed.

SLIGHT ILLEGAL DETENTION (268)

186

Elements:
o 1. Offender is a private individual
o 2. Kidnaps or detains another or otherwise
deprives him of liberty
o 3. Detention is illegal
o 4. None of the circumstances in Art. 267 apply
What is the penalty for anyone who furnishes the
place for the perpetration of the crime?
o Same penalty as the principal
o What about in Kidnapping/SID?

The one who furnishes the place is

liable as an accomplice.
What is the special mitigating circumstance?
o If the offender voluntarily releases the within 3
days from commencement of the detention:
1. Without having attained the purpose
intended
2. Without institution of criminal
proceedings yet
o N.B. It is NOT an exempting circumstance, it
just reduces the penalty
o Does this special circumstance apply to
Kidnapping/SID under Article 267?
No. Just 268.
What is one day?
o 24 hours from deprivation
Is the escape or rescue of the victim an exempting
circumstance?
o No

KIDNAPPING AND FAILURE TO RETURN A MINOR (270)

UNLAWFUL ARREST (269)

o 2. Public officers (as long as the purpose is to

bring the person to proper authorities to file
charges)
Compare to arbitrary detention (Art. 124):
o In arbitrary detention, the public officer had no
intention to bring the offended to the proper
authorities but merely to detain the victim
What if the officer plants evidence against the
victim in order to arrest him?
o It is arbitrary detention through incriminating
machinations under Article 363.

What is the tenor of this crime?

o Arrest of another for delivery to proper
authorities but without lawful cause
o Usual cause: arrest without warrant but not
under any of the exceptions under law
o Who are the proper authorities?
Those authorized to arrest another and
file the appropriate charges
Who may commit this crime?
o 1. Private individuals

187

Elements:
o 1. Person is entrusted with the custody of a
minor person
o 2. He/she deliberately fails to restore the latter
to his parents or guardians
Does this amend Article 267?
o No. The intent in the two crimes are different.
What is the essential element here?
o The deliberate failure or refusal to restore
minor to parent or guardian as the controlling
intent
o What must be the nature of this intent?
Premeditated, intentional, malicious
Can this crime be committed by any of the
parents?
o Yes. In fact, this reduces the crime (special
circumstance in Article 271 but applicable
here)

INDUCING A MINOR TO ABANDON HIS HOME (271)

What is the tenor of this crime?

o Inducing a minor to abandon the home of his
parents or guardians or persons entrusted with
his custody
Relate this with the crime of kidnapping and SID:
o Kidnapping and SID cannot be committed by
the parents of the minor (paragraph 4 of Art.
267 says except when the accused is any of
the parents)
o What if the parent kidnapped the minor
child?
It would be under 271 instead.
o What if the parent kidnapped his adult
child?
Then Kidnapping/SID 267 can apply
because the law only excludes parents if
the child-victim is a minor

TRESPASS

DWELLING (280)

AND

OTHER

FORMS OF

TRESPASS (281)

ABANDONMENT OF PERSONS IN DANGER (275)

TO

What if the child is over 7? Then the

liability is under RA 7610.

What are the different kinds of abandonment?

o 1. Failure to render assistance to a
wounded/dying person found in an uninhabited
place
o 2. Abandonment of ones own victim in an
accident
o 3. Failure to render assistance to an
abandoned child below 7 years old

188

What are the two types of trespass to dwelling

under 280?
o 1. Entering the dwelling of another against the
latters will
o 2. Entering the dwelling of another against the
latters will through means of violence or
intimidation
What are the elements of other forms of
trespass under 281?
o 1. Person enters the closed premises or fenced
estate of another
o 2. It is uninhabited
o 3. The prohibition to enter is manifest
o 4. There is no permission secured from the
owner or caretaker
What if person enters the dwelling of another to
commit a crime and commits such crime?
o Dwelling is an aggravating circumstance and
loses juridical personality as a separate crime
When will there be two crimes?
o If the accused enters the house not to commit
a crime, but once he enters, he commits a
crime.
o Two crimes: trespass to dwelling and the other
crime committed.
Must refusal of consent be express?
o No. It may be implied.

What if the occupant is a mere tenant or lessee?

o It is still trespass.
When is there no trespass committed?
o 1. Purpose of entry is to prevent some serious
harm to the person entering, occupants, or
third persons
o 2. Purpose is to render some aid to humanity
or justice
o 3. Places entered are cafes, taverns, inns, and
other public houses while open
What if these cafes, taverns, etc. are
closed?
Then there is trespass to dwelling
What if the place is a disco,
restaurant, etc?
They can still be the object of
trespass but it becomes trespass
to property because these are not
dwelling
What are the other similar crimes?
o 1. Violation of dwelling (128)
o 2. Unjust vexation or light coercion (287)
o 3. Theft
If entry is to fish, harvest, gather, etc.
o 4. Vagrancy
If the property is not fenced and there is
no prohibition of entry
Who should give permission to enter the
dwelling?
o Person of sufficient discretion.

GRAVE THREATS (282), LIGHT THREATS (283),

LIGHT THREATS (285)

AND

What is a grave threat?

o Those made with deliberate purpose of
creating in the mind of the victim a belief that
the threat will be carried out
o What is the nature of the threat?
Infliction upon the person, honor, or
property of a person or his family of any
wrong amounting to a crime
o Must there be a demand for money or any
other condition?
There may or there may not be
What is a light threat?
o Threat to commit a wrong not constituting a
crime, with a condition imposed
What are other light threats?
o 1. Threaten another with a weapon or draw the
weapon in a quarrel, unless in lawful selfdefense
o 2. In the heat of anger, orally threaten another
with some harm not constituting a crime, and it
shows that he did not persist in the idea (N.B.
the code says not constituting but that
wouldnt make sense, because par. 3 covers
that. So its supposed to constituting a crime)
o 3. Any person who orally threatens to do any
harm not constituting a felony

Grave threat
Threatens
crime

Light threat
a Threatens
wrong

May or may not Must

have
have a condition
condition

OTHER
189

Other
threat
a Threatens
wrong

light
a

a Does not have a

condition

Indications show
he persists in the
crime

Threat made in
the heat of anger
and
indications
show he does not
intent to persist in
the wrong

Can
intimidation
be
committed
by
an
intermediary?
o Yes
What if the threats are part of the element of
intimidation/violence in the commission of
another crime, what happens?
o The threats are absorbed.
o Ex. threatening to kill unless she gave in to
sexual advances of accused, the crime is rape
What if the grave threats constitute force or
intimidation to vacate property?
o Not grave threats but usurpation of real
property or real rights over property
Distinguish from robbery through extortion:
o 1. Grave threats depend upon moral pressure.
o 2. If crime consists of securing on the spot the
property of the victim, it is robbery through
extortion
How may multiple counts of grave threats be
committed?
o There are as many counts of grave threats as
the number of people threatened
What is a bond for good behavior?

o For grave threat and light threat (not other light

threats), the court may require the offender to
give bond not to molest the person threatened
o If he fails to do so, he shall be sentenced to
destierro
Is a threat to sue in court unlawful?
o No. The threat must constitute a wrong and
suing in court is not a wrong.

GRAVE COERCION (286)

190

Elements of grave coercion:

o 1. Person is prevented by another from doing
something not prohibited by law or compelled
to do something against his will, whether right
or wrong
o 2. Prevention or compulsion is effected by
violence either by material force or serious
intimidation that can control the will of another
o 3. Person who restrains the will/liberty of
another has no right to do so
What are the two types of grave coercion?
o 1. Prevents another from doing something not
prohibited by law (preventive coercion) OR
o 2. Compel him to do something against his will,
whether right or wrong (compulsive coercion)
o What if the subject of preventive coercion is
an act prohibited by law?
There is no grave coercion
But it can be some other crime:

e.g.
physical
injuries
(if
applicable),
unjust vexation (if no injury)
When is grave coercion aggravated?
o 1. Coercion in violation of right of suffrage
o 2. To compel another to perform or not perform
any religious right
Distinguish between grave coercion and SID/K?
o Grave coercion no intent to deprive another
of his liberty
o SID there is intimidation, but to deprive liberty
What if the coercion is to prevent people from
seeking grievance or peaceably assembling?
o Article 131 (disturbance or prevention of
peaceful meeting)
What if the threat is against the owner of a
property intending to take his property from him?
o Article 312 (usurpation of real property or real
rights over property)
May be liable for grave threats or
homicide (if the person is killed), as the
case may be.
But it may be absorbed by the violence
provision in Art. 312
What if there is lewd design?
o Forcible abduction, not grave coercion
Distinguish between threat and coercion:
o Threat:

1. Threatened harm/wrong is future and

conditional
2. May be done through intermediary or
in writing
3. By means of intimidation which is
future and conditional
o Coercion:
1. Threatened harm/wrong is immediate,
personal, and direct
2. Cannot be done through intermediary
or in writing
3. Committed by violence, although it
may be brought about by intimidation if
serious enough, direct, immediate, and
person (such as intimidation with a
firearm)
Illustrate the distinction:
o Threat: if you are still here when I come back,
I will kill you. (future and conditional)
o Coercion: if you do not get out, I will kill you.
(immediate, direct, and personal)

LIGHT COERCIONS/UNJUST VEXATION (287)

191

What are light coercions?

o Person, by means of violence, seizes anything
belonging to his debtor to apply for payment of
the latters debt
What is unjust vexation?

o Human conduct while not leading to physical

harm or without use of force or intimidation,
leads to annoyance, irritation, disturbance to
victim (nangungupal)
o What if there is a crime against property?
There is malicious mischief, not unjust
vexation.
Unjust vexation requires
crime against personal security.
How can this crime be committed?
o Crime of dolo only
Distinguish unjust vexation and attempted rape:
o Determine if the act was done in pursuit of rape
or merely to distress/annoy.
o Ex. in Baleros v. P, X covered Ms face with a
piece of cloth soaked in chemical. There was
no proof however that it was in pursuit of rape.
He was charged with attempted rape, but was
only convicted for unjust vexation.
o What is the determining factor?
The persons intent

minors with respect to the papers or

letters of the children
o 2. Manager or employee learns secrets of
principal and reveals them (291)
o 3. Person who reveals trade secrets to the
prejudice of the owner (292)
Includes information not patented but
known only to a few individuals
R.A. 4200 ANTI-WIRETAPPING ACT

DISCOVERY AND REVELATION OF SECRETS (290-2)

What are the punished acts?

o 1. Private individual, to discover the secrets of
another, seizes his papers or letters and
reveals the contents (290)
Lower penalty if there is no revelation
NOT applicable to parents, guardians,
persons entrusted with custody of

What kind of communication is covered by RA

4200?
o Only private communication is expressly
prohibited to be recorded secretly by any
person including one party to that conversation
o So public conversations or statements are not
covered
When is recording allowed?
o When there is consent by all those involved in
the conversation
Does the law cover tape recorders or phone
extensions?
o Tape recorders are included, phone extension
lines are not

RA 9208 ANTI-TRAFFICKING OF PERSONS ACT

192

What are the punishable acts?

o 1. Recruit, provide, or receive persons for the
purpose
of
prostitution,
porn,
sexual

exploitation, involuntary servitude, forced labor,

slavery, debt bondage
Including those in the pretense of
overseas employment
o 2. Introduce or match for money a Filipina
woman with a foreign national for marriage or
for the purposes above
o 3. Offer or contract marriage, real or simulated,
for the purposes above
o 4. Undertake or organize tours and travel plans
with tourism packages or activities pursuant to
the above activities
o 5. Maintain or hire a person for prostitution or
pornography
o 6. Adopt or facilitate the adoption of person for
above-mentioned purposes
o 7. Recruit, hire, transport, abduct person for
organ-harvesting
o 8. Recruit, transport, or adopt a child for armed
activities here or abroad
What are the acts that promote trafficking of
persons?
o 1. Knowingly lease or sublease property to
promote trafficking
o 2. Produce or issue fake government
compliance materials to facilitate trafficking (ex.
registration
stickers,
pre-departure
requirements, etc.)
o 3. Advertising or promoting trafficking

193

o 4. Assist in misrepresentation or fraud to

facilitate acquisition of clearances and exit
documents from government
o 5. Facilitate, assist, or help in entry/exit of
persons using fake documents in airports,
seaports, or boundaries
o 6. Confiscate, conceal, or destroy travel
documents of those trafficked to prevent them
from leaving the country or seeking redress
o 7. Knowingly benefit from use of a person in
involuntary servitude, slavery, or debt bondage
What are acts that qualify trafficking?
o 1. Trafficked person is a child
o 2. Adoption is effected through Inter Country
Adoption Act of 1995 and the purposes are any
of the above prohibited activities
o 3. Crime is by a syndicate or in large scale
Syndicate: 3 or more persons conspiring
Large scale: against 3 or more persons
individually or as a group
o 4. Offender is ascendant, parent, sibling,
guardian, or person with authority of the victim,
or public officer/employee
o 5. Offender is law enforcement agent or
military personnel
o 6. Offended party dies, becomes insane,
acquires HIV/AIDS

X: CRIMES AGAINST PROPERTY

Is there frustrated robbery?

No more frustrated robbery, just
attempted or consummated
Taking need not be permanent;
Even brief possession already
consummates the crime
o 3. Intent to gain
How can intent to gain be
established?
Intent to gain can be established
through overt acts of offender
before or after the taking of
personal property. Intent to gain
presumed from taking another
persons
property
without
consent. Intent to gain cannot be
presumed only if there is
evidence to the contrary.
Not necessary that the offender
ACTUALLY gains, because intent
to gain is enough.
What is gain?
Not limited to just pecuniary
benefit,
but
also
utility,
satisfaction,
enjoyment,
and
pleasure
Ex. Gasoline boy took a parked
car and went on a joy ride. He
claimed that he did not intend to

ROBBERY IN GENERAL (293)

Elements:
o 1. Personal property of another
What does property cover?
Includes
any
property
not
included in the enumeration of
real properties
o Because
if
its
real
property, its usurpation of
real property
And capable of appropriation
N.B. Includes electricity, phone
services, and the like
Can contraband property (ex. drugs)
be subject to theft/robbery?
Yes.
o 2. Unlawful taking
What is taking?
Taking of personal property out of
possession of another without
privity or consent and without
animus revertendi (intent to
return)
What must concur:
1. Taking (physical act)
2. AND intent to gain (mental act)
194

take it. But here, there was gain

because there was enjoyment,
utility, satisfaction, and pleasure.
Even mere use of property taken
is already gain under the law.
Gain rebutted by evidence that
he took property because he
claims to be the owner of the
property. The person is exempt
from theft or robbery, even if it
turned out not to be his. If the
claim is made in BF, then it is
theft or robbery.
o At best, it is just coercion.
o 4. Violation or intimidation against persons OR
force upon things
When is it robbery or theft?
The crime is robbery, not theft, if
there are acts of violence, or
intimidation before asportation, to
enable the person to take the
property.
If violence or intimidation was
done after possession was taken,
he is only liable for theft, grave
coercion, or physical injuries as
the case may be.

195

o Exception: Robbery with

homicide, and robbery with
rape (in the occasion of)
Is snatching theft or robbery?
Depends. If the victim is not
subject
to
violation
or
intimidation, it is just theft. If the
owner is wounded through
violence or there is intimidation, it
is robbery.
What is Intimidation?
Unlawful
coercion,
duress,
putting owner/possessor in fear
Attempt to take property of
another with threats of bodily
harm
No requirement of material
violence

it
is
NOT
indispensable for there to be
intimidation
Is it possible that one is guilty BRD of
theft/robbery even if the thing stolen is not offered
in evidence?
o Yes, because the person may have destroyed
the property, thrown it away, etc.
o As long as the corpus delicti is proved, the
unlawful taking of personal property, there can
be proof BRD.
What is the presumption of robbery/theft?

o One in possession of recently stolen property

is presumed to be the author of the crime of
theft/robbery.
Recentness is case-to-case.
o Possession may be actual or constructive. The
property may be in the actual physical control
of the offender or in the possession of another,
but under the control of the offender.
Ex. I stole something but pinatago ko sa
kaibigan ko
o Accused must not be able to explain his
possess satisfactorily.
When is the presumption conclusive?
o If the accused fails to explain any innocent
origin of his possession, and the possession is
fairly recent, and it is exclusive.

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST

PERSONS (294)

What are the crimes penalized under 294?

o 1. Robbery with homicide
o 2. Robbery with rape, intentional mutilation,
arson, or personal injuries in subdivision 1 of
263
o 3. Robbery with physical injuries in subdivision
2 of 263
o 4. Robbery with physical injuries in subdivision
3-4 of 263
o 5. Simple robbery

196

N.B. The first four are special complex crimes; the

fifth is not. Art. 48 will not apply for crimes here in Art.
294
What is the rule in order?
o The above order must be observed. Thus if
there is both homicide and rape, the crime is
robbery with homicide. There is no Robbery
with homicide and rape.
o Is the extra rape aggravating?
The rape is NOT aggravating because
its not under Art. 14.
What if the physical injuries are merely LSPI or
slight PI?
o Its just simple robbery under par. 5.
Can there be robbery with homicide through
reckless imprudence?
o No.
When will the special complex crimes arise?
o The other crime must be consummated.
May Art. 48 apply if the constituent elements are
not consummated?
o Yes. If one crime is done to commit another,
or a single act resulting into two or more grave
or less grave offenses, and one constituent
crime is not consummated.
o Otherwise, if both consummated, then its a
special complex crime.
What does homicide cover?

o Homicide is used in its generic term. There is

no robbery with infanticide, parricide, murder,
etc. There is no robbery with multiple counts of
homicide.
o DO NOT use the 2nd or 3rd killing as
aggravating. Its just robbery or homicide.
o Is there robbery with homicide and
frustrated homicide?
No.
The frustrated homicide is
absorbed by the robbery with homicide.
What do you mean by reason of the crime of
robbery?
o The homicide/other constituent crime was not
committed in the course of robbery, or shortly
thereafter, but there is a LEGAL connection,
intimate relation in the commission of robbery
Ex. Killing the victim to prevent the
person from reporting to the authorities
Ex. Killed noisy neighbor who shouted
magnanakaw!
o It doesnt matter if it happens before, during, or
after
o P v. Mangulabnan Person was robbing a
house. He heard rumbling noises in the attic
and shot a gun at the ceiling, and even without
intent to kill, he accidentally killed a hiding
person. HELD: Robbery with homicide. (Not
robbery with homicide through reckless

197

imprudence even if it is by mere accident, it

is robbery with homicide)
o What if the person killed is one of the
robbers himself?
Doesnt matter. Its still robbery with
homicide.
Even if the guy who shot a robber is
also a fellow robber.
Is there robbery with homicide AND rape?
o No.
As long as there is homicide, it is
ALWAYS just robbery with homicide.
o But the rape still has corresponding civil
liabilities.
o If a house is burnt to kill another, it is robbery
with homicide, not robbery with arson or
robbery with homicide and arson
What if there are multiple people killed or raped?
o Irrespective of number of people killed or rape,
it is just robbery with homicide or robbery with
rape.
When do two crimes arise?
o If the original intent is to kill or to rape, but as
an afterthought, he stole from the person he
killed or raped, then there are TWO CRIMES.
o Separate crimes of homicide and robbery
o Separate crimes of rape and robbery
Can there be robbery with homicide, if aside from
intent to gain, there is another motive (ex. He
wanted to kill the guy)?

o Yes. As long as there is intent to rob, even if

there are other motives, it is robbery with
homicide.
P v. De Jesus: A group of robbers were robbing in
Makati. One of the robbers was shot. There was a
chase all the way to Laguna, where a shoot out
happened. Another robber got shot by the police.
o HELD: Robbery with homicide. EVEN IF the
shoot out happened in some other place, it was
intimately connected to the robbery. Also, it
does not matter that it was a robber that got
killed.
If a homicide is committed by one robber, ALL of them
are liable for robbery with homicide. (One merges
his will into the common intent.)
o EXCEPT: when one of the robbers overtly
attempts to prevent the homicide. He is just
liable for robbery, even if he is unsuccessful.
o What is the liability of the look-out?
Even a look-out is a PDP, because the
conspirators are given specific tasks to
further the crime.
Is there a special complex crime of theft with
homicide?
o No.
Robbery with homicide does it absorb physical
injuries?
o Yes. Again, follow the order provided.

198

May there be a crime of robbery with force upon

things with robbery with rape or robbery with
homicide?
o No. Robbery with force upon things cannot be
complexed with robbery with rape (or
homicide).
When is there robbery with rape?
o When the robbery is accompanied by rape, AS
LONG AS THE ORIGINAL intent is to rob.
o This applies even if the rape was committed
even before asportation. The intention to rob
must precede the rape, even if the actual
robbery comes after.
o Thus, if the accused raped the victim and just
he took the jewelry as a memento, there are
two crimes of robbery and rape the original
intention in this case is not to rob.
What if there are multiple rapes?
o Even if there are multiple rapes, it is just
robbery with rape.
o What if each of the accused raped the
victim?
Even if each of the accused raped the
victim, there is only one crime of robbery
with rape.
o Accused robbed the victim, raped her twice,
and then he inserted his finger in the vagina
of the woman. What was the crime?

HELD: Robbery with rape. The second

rape and insertion of the finger are
absorbed. Even the insertion of a finger
was absorbed!
o Three robbers took victim of robbery in a
taxi and went to Quiapo. One robber made
the other two go down, and then he took the
woman to a motel. What was the crime?
HELD:
All of them were guilty of
robbery. The other one is also liable for
rape, separately. If the place of the rape
is far from the situs of the robbery, there
are TWO crimes, but not robbery with
rape.
When is there Robbery with arson?
o Arson must be contemporaneous to robbery.
o When is there robbery with arson?
There must be violence and intimidation
upon persons first and thereafter, the
premises are burned and there is NO
killing, rape, or mutilation.
Why not force upon things?
This will give rise to two crimes:
robbery and arson.
This is
because the arson is deemed a
cover-up of the robbery. It is not
complex because neither is a
means to commit the other

(because both are Crimes

against Property).
When is dwelling aggravating and when is it
absorbed?
o It is aggravating in robbery with homicide
o Inherent in robbery with force upon things and
the place broken into is the dwelling
X raped Y, killed her, and robbed the place.
Crime?
o 1) Rape with homicide and 2) robbery
X raped Y, killed her, and took things from her
person. Crime?
o 1) Rape with homicide and 2) theft
X robbed Y, raped her, and then killed her.
Crime?
o Robbery with homicide
X raped Y, robbed her, and then killed her.
Crime?
o Robbery with homicide

ROBBERY

WITH

PHYSICAL INJURIES

THAT ARE COMMITTED IN

AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF

FIREARM ON A STREET, ROAD, OR ALLEY (295-6)

199

What are the special aggravating circumstances

here?
o 1. In an uninhabited place
o 2. By a band
o 3. Attacking a moving train, car, airship, or
entering passenger compartments in a train

o There must be evidence of indiscriminate

commission of the crime of robbery for PD 532
to apply

To what kinds of robbery does this provision

apply to?
o Robbery with Physical Injuries
What is the nature of band here?
o Band here is in the nature of a SPECIAL
aggravating circumstance and cannot be offset
by a generic MC.
o Contrast:
BUT
for
robbery
with
homicide/rape/intentional mutilation/arson band
is ONLY just a generic aggravating
circumstance
Reason: 295-6 only apply to Robbery
with Physical injuries.
Art. 296 provides that if any of the firearms used
is unlicensed, the penalty is the maximum period.
Was this amended by RA 8294?
o Yes. Art. 296 has been amended by RA 8294.
Here, the unlicensed firearm will not increase
the penalty to its maximum period anymore.
o Art. 296 Firearm here can be licensed or
unlicensed.
o Arms can includes bolos and clubs.
If one is a member of a band, may he be not liable
for crime of robbery, if he tries to prevent it?
o Yes. Even if he is a member of a band, if he
prevents the robbery or tries to, he is not liable.
PD 532 Highway robbery or brigandage

ATTEMPTED AND FRUSTRATED ROBBERY (297)

Has this provision been nullified by P v.

Valenzuela?
o Yes.
It is rendered nugatory as far as
FRUSTRATED robbery is concerned.
o Ex. Offender entered the property but he did
not find any property there. It is NOT frustrated
robbery but attempted robbery
N.B. Homicide in 297 is used in its generic term. The
homicide must be consummated.
If the crime of homicide was committed with
treachery, can treachery be used as a generic
aggravating circumstance?
o Yes. In other situations, if there is treachery, it
becomes murder. But there is no such thing as
robbery with murder. So it is robbery with
homicide, with the generic aggravating
circumstance of treachery. (P v. Escote)
What if the robbery is merely attempted but there
was consummated homicide, what is the charge?
o Separate crimes of attempted robbery and
homicide.

EXECUTION

OF

DEEDS

BY

INTIMIDATION (298)

200

What is the crime here?

MEANS

OF

VIOLENCE

OR

o Person who with intent to defraud another, by

means of violence or intimidation, compels him
to sign, execute, or deliver any public
instrument or document.
o The crime is still robbery.
What kind of document is referred to in 298?
o Public instrument or documents only. It does
not include private documents.
If it is a void document, will that be robbery under
298?
o No. It is grave coercion. Robbery presupposes
damage caused to the victim, but since the
document is void, this means he does not lose
anything.
The offender compels by violence or intimidation
the victim to execute a document but he died due
to heart attack. What is the crime, 298 or 294
(robbery with homicide)?
o 298, but even so, the penalty is still governed
by 294 par. 1, as provided in the last sentence.

ROBBERY

IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR

DEDICATED TO RELIGIOUS WORSHIP (299)

What are the situations where there is robbery

with force upon things, under this provision?
o 1. Entering the premises using:
A. Constructive force:
Entering through opening not
meant for ingress or egress

Using picklocks or similar tools

Simulating public authority or
false name
B. Actual force
o 2. Entering without force but while inside, broke
walls, doors, receptacles to extract personal
property
Is constructive forced allowed here?
No. It must be actual force.
o 3. Brought out of the premises locked or sealed
receptacles for the purpose of breaking them
outside
What if none of these apply?
o Its just theft.
What properties must be robbed here?
o 1. Inhabited house
o 2. Public building
o 3. Edifice for public worship
There is a provision here about use of fictitious
name to rob. How does this differ from Article
178, where there is also use of fictitious name?
o Here such use is to enter the house, with intent
to rob. In 178, to conceal crime, etc.
o Do you apply Article 48?
No, because use of fake name is an
element of the crime. Same as with
simulation of public authority.

ROBBERY OF AN UNINHABITED PLACE (302)

201

o No, it was not. The crime in PD 532 is a

separate crime from Arts. 306 and 307.

What is an uninhabited place?

o Synonymous to an uninhabited house
If committed by a band, what is the effect on the
robbery of an uninhabited place?
o Maximum penalty this is provided by Article
300.
What is Robbery in Article 303?
o Robbery of cereals, fruits, firewood in an
uninhabited place or building. The penalty
here is lower.

3 or more armed robbers

Even just one person; but

actually
organized
or
dedicated
to
commit
highway robbery

Robbery
against
particular victim

What are the crimes here?

o 1. One who without lawful cause possesses
picklocks or similar tools specially adopted to
commit robbery
o 2. Maker of such tools; higher penalty for
locksmiths
What if robbery is actually committed?
o The possession of picklocks is absorbed
What are false keys?
o 1. Picklocks
o 2. Genuine keys stolen from the owner
o 3. Any keys other than those intended by the
owner

Robbery

a Indiscriminate
robbery

(PD

be
actual
highway

Liability of those who profit from the robbery:

Aiding or abetting a band of Accomplice under Art. 4 of
brigands (307)
PD 532
Fencing
THEFT (308)

BRIGANDAGE (306-7)

Highway
532)

Mere conspiracy to form a There

must
band of brigands is a crime performance
of
highway robbery

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5)

Brigandage (306-7)

Were article 306 and 307 of the RPC amended by

PD 532 (Anti piracy and anti highway robbery
law)?
202

May a crime be theft even if there is violence used

to take away personal property of a victim?
o Generally, no. There must be no violence or
intimidation or force upon things.
o Exception:
When the violence committed was not
for the purpose of taking the theft.

Ex. When a person was killed first, then

as an afterthought, the criminal took the
property.
Since the property by
operation of law goes to the heirs, there
was still taking without consent even if
the original owner is dead. There are
two crimes here: homicide and theft
How many modes to commit theft?
o 1. Taking another persons property without his
consent
o 2. Offender finds lost property and he does not
return it to the owner or the authorities
Who are the authorities?
Local authorities
Can this be committed by culpa?
No.
There
must
be
DELIBERATE refusal to return or
deliver to authorities.
o 3. A person who maliciously damaged property
of another, shall remove or make use of fruits
or object of the damage caused by him
o 4. Enter enclosed property where trespass is
prohibited, then hunt, fish, or gather crops
Distinguish from: robbery of cereals,
etc. from an uninhabited place
May stolen property be the subject of theft?
(Nanakaw na nga, ninakaw pa ulit)
o Yes. The law does not distinguish.
How do you establish intent to gain?

203

o Acts
preceding,
contemporaneous,
or
subsequent to taking.
o Can there be intent to gain if the purpose is
to conceal a crime?
Yes. Benefit is not always material, it
can be any kind of benefit to amount to
gain.
o Is there presumption of theft?
Yes, when personal property is found in
possession of recently stolen property
and he cannot explain how he came into
possession of such. Then it will become
conclusive.
o How recent is recent?
Case by case.
If a person is given property for a particular
purpose and that person took or misappropriated
the property, would it be estafa or theft?
o Theft; when only physical possession is given
but juridical possession is kept by the
transferor. What is given here is just DE
FACTO possession, not juridical.
o But if juridical possession is given to the
transferee, it is estafa.
o A bank teller, after receiving deposit,
instead of giving it to the bank takes the
money. What is committed?
Theft, not estafa.

The bank teller is a mere employee of

the bank. As an employee of the bank,
she only get de facto possession of the
deposit. So it is theft.
Can there be theft of services?
o Yes. Under Code of Commerce, services are
personal property.
Can gas or electricity be stolen?
o Yes, using jumpers.
So even intangible
property can be subject to taking.
o RA 7832 also punishes theft of electrical
property. So which is applicable, 308 or RA
7832?
Either under Art. 308 or RA 7832.
Can commercial documents, PNs, etc., be subject
to theft?
o Yes, these have value.
In a case, the sheriff stole evidence stored in the
vault of the court (ex. Gun, money, whatever),
when the clerk of court mistakenly left the vault
open. What crime was committed?
o Sheriff: theft
o Clerk of court: Malversation by culpa, since he
has custody of documents
I own a car. I delivered it to the repair shop. I left
it, and the owner of the shop sold my car. What
crime was committed, theft or estafa?
o Theft. To determine between theft and estafa,
ask: was the possession de facto or juridical?

204

Here, it was merely de facto/material

possession.
But doesnt the repair shop acquire a lien
over the property, under Sec Trans, where
he can sell it if he is not paid?
It does not apply here, because he
hasnt even tried repairing the car.
The SC had a decision saying this is estafa
(Laura Santos case). But J. Callejo does not
agree with this.
When this case was decided, there was no
carnapping law yet. Should it apply now?
Yes.
do you mean by lost in Par. 1 of Article

What
308?
o The property must have an owner and is not
yet res nullius.
o If property is stolen and the thiefs identity
cannot be deciphered, can you consider the
property lost?
Yes.
o Can loss stem from ones own faults?
Yes.
I saw property and did not know who owns it. I
gave it to the police and he stole the property.
What is the crime of the cop?
o P v. Avila Said this is theft.

o But it can be argued that it is in custodia legis

and he is an accountable officer, and it can be
MALVERSATION.
Is a person who profits from the theft a principal
or accessory?
o Principal under the Anti-fencing law
o Accessory under the RPC

QUALIFIED THEFT (310)

What are the grounds to qualify?

o 1. Those personal to the offender:
A. Grave abuse of confidence
B. By a domestic servant
o 2. Referring to the object taken
A. Coconut taken from plantation
whether from the tree or on the ground
B. Fish taken from the pond (if out of the
pond, simple theft)
C. Motor vehicle
now also under Anti-carnapping
law which is malum prohibitum
D. Large cattle
now also under Anti-Cattle
Rustling law, which is still malum
in se even if SPL
E. Mail matter must be with intent to
gain

205

Viz. other crimes like estafa or

revelation and discovery of
secrets
o 3. Circumstances during taking such as
calamity and misfortune
Was this amended by PD 533, the anti cattle
rustling law and RA 6539, the anti-carnapping
law?
o No; these are SPL, according to the SC
What is grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his
custody.
If there is conspiracy, but one is trusted and the
other is not, what is the crime?
o Two crimes: qualified theft for the former,
simple theft for the latter
How about a commission salesman of a
corporation?
o Just simple theft, because there is no evidence
except that he was a commission salesman
that the employer reposed confidence on him
What does mail matter include?
o Any matter that is deposited with the Phil.
Postal Corporation which are delivered through
postal service. Includes mail matters, parcels,
money orders, printed materials, etc.

o Regardless if it is a postal corporation or a

private corporation. What matters is that it is
MAIL MATTER
R.A. 6539 ANTI-CARNAPPING LAW

Taking with intent to gain a motor vehicle:

o 1. Without latters consent
o 2. Or force upon things
o 3. Or violence/intimidation upon persons
How does it differ from theft/robbery?
o It addresses theft of motor vehicles belonging
to another
o It deals EXCLUSIVELY with motor vehicles
o Without this law, the taking of motor vehicle is
theft/robbery as the case may be.
What is a motor vehicle?
o Any vehicle propelled by power other than
muscular power using public highways
So a motorcycle is included. A bicycle
is not. A tricycle is included. A pedicab
is not.
o Does not include:
1. Utility vehicles if not used on public
highways
2. Those than run only on rails or tracks
3.
Those
used
exclusively
for
agricultural purposes
o What about trailers?

206

Classified as a separate motor vehicle,

regardless of number of wheels and
whether propelled or attached to
another vehicle
o What is the crime for these other vehicles
not covered?
They are subject to theft/robbery
There are two kinds penalties provided, following
RPC nomenclature and not:
o A. RP to death RP if there is homicide, rape,
murder
Special complex crime of carnapping
with homicide, carnapping with rape,
carnapping with murder
It is a single and indivisible offense.
Here, the owner, driver, or occupant of
the car is killed or raped.
o B. 17 years and 4 months to not more than 30
years if with violence, intimidation, or force
upon things
Qualified carnapping
o C. 14 years and 8 months to not more than 17
years and 4 months if committed without
violence, intimidation, or force upon things
Simple carnapping
When is there a special complex crime of
carnapping with rape, homicide, or murder?
o If committed on the course of the commission
of carnapping or on occasion thereof

o Who must be killed or raped?

Anyone, even if the person killed is
anyone other than the owner, driver, or
occupant of the car, the (Ex. Bystander)
o For this to committed, the homicide, murder, or
rape must be CONSUMMATED.
If the homicide or murder is merely
attempted or frustrated, then the crime
is qualified carnapping.
o DO NOT apply Article 48 of the RPC.
Someone committed qualified carnapping (14 y 7
17 y 4 penalty) and then sold the car to another
person. Is he an accessory under Art 19 of the
RPC?
o NO. The nomenclature does not follow the
RPC.
o But he can be a principal for FENCING.
Xs initial intent is to kill the driver. However, he
stole the car as an afterthought. What is the
crime?
o Two crimes: 1) Homicide, 2) Carnapping
X rented a car, so the initial possession is lawful.
But he killed the driver and took it for his own.
What is the crime?
o Carnapping with homicide. Even if the driver
was not the owner, it is still carnapping
because there was no consent by the owner.
X was hired as taxi driver to drive the car for a
fixed period of time. He did not return it after.

The taxi was found abandoned in a place. What is

the crime?
o Carnapping. After the initial lawful possession,
it transformed to unlawful possession.
o Doesnt the abandonment exculpate X?
No. The crime was consummated even
if the carnapper abandoned the car
after.
X stole a truck and the personal effects contained
therein. What is the crime?
o Two crimes:
1) Carnapping as to the truck
2) Theft as to the personal effects
o The SC was wrong here, because it said
qualified theft.

ANTI-FENCING LAW (PD 1612)

207

What is fencing?
o 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, buy and sell, or in any manner deal
with an article, object, item, or anything of
value which he knows or should be known to
him to have been derived from proceeds or
robbery or theft
Who is a fence?
o Fence is person, corporation, or association,
or partnership that commits the act of fencing

o If corporation, association, or partnership

president, manager, owner or responsible
officer
Who are punished?
o Those who buy, keep, conceal, or sell the
stolen goods
What is the requirement for those who do buyand-sell?
o Need a permit or else, liable as a fence. There
is no fee for the permit.
o Failure to get can result to closure of business.
o Procedure to obtain permit/clearance:
1. Name, address, pertinent
circumstances
2. Article sold or offered for sale to
public and name/address of where he
got it from
3. Receipt or document showing
acquisition
Elements:
o 1. Crime of robbery or theft committed
o 2. Accused, not a principal or accomplice in the
commission of the crime, deals with the article
in any manner, and the article was derived
from the proceeds of the crime
o 3. Accused knows or should have known that it
was derived from proceeds of robbery or theft

Essence: known/should have known

were the proceeds of robbery or theft
moral turpitude
Test if the articles were displayed for
sale, if a receipt was issued, etc.
o 4. There is intent to gain for himself or another
What is the presumption under law?
o Mere possession of the stolen goods creates
presumption
o Thus, no need to prove prior robbery was
committed

CATTLE RUSTLING (PD 533)

May there be cattle rustling even if cattle is not

taken?
o Even if large cattle is not taken, there can be
cattle rustling if it is killed and its meat is taken.
There may be a special complex crime of cattle
rustling with homicide if a person is killed on the
occasion of cattle rustling.

USURPATION OF
PROPERTY (312)

208

REAL PROPERTY OR REAL RIGHTS OVER

What is usurpation?
o Similar to robbery except that in robbery,
personal property is involved
What is the penalty?
o 1. Penalty for the act of violence
o 2. Penalty for the act of usurpation
However, what is the nature of this offense?

o It is a single and indivisible offense.

So the crime is still usurpation, but the
penalty is two-fold (takes into account
the act of violence)
It is not a complex crime like Usurpation
with homicide. It is just usurpation.
o It is possible that a single and indivisible
offense is committed, but there are as many
penalties as how many acts of violence are
committed.
What are the possible acts that may accompany
the act of usurpation?
o 1. Homicide, physical injuries in subdivisions 1
and 2 of Article 263 on occasion of such
occupation or usurpation
o 2. Rape or intentional mutilation
o 3. Physical injuries in subdivisions 3 and 4 of
Article 263 in the course of execution of the
usurpation
o 4. Intimidation or infliction of physical injuries to
commit the usurpation or occupation

o 1. With abuse of confidence or unfaithfulness

(par. 1)
o 2. Through deceit or false pretense (pars. 2
and 3), with damage in either case
ESTAFA
(1)

CULPABLE INSOLVENCY (314)

What is culpable insolvency?

o Committed by debtors who conceal properties
to avoid payment of legal debt
o Higher penalty if committed by merchants

SWINDLING/ESTAFA (315)

How is estafa committed?

209

WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

What are the three acts covered by this

paragraph?
o 1. Altering the substance of anything with value
that the offender should deliver by obligation
o 2. Misappropriating or converting to the
prejudice of another, some money, goods, etc.
o 3. Taking undue advantage of signature in
blank
1. Altering substance of anything with value that
offender should deliver based on an obligation
o The law applies even if the property the
offender is bound to deliver is opium or
something illegal/obscene
But in this case, he is also liable under
Dangerous Drugs Act, or immorality
provision in RPC, etc.
2. Misappropriating or converting, to the prejudice of
another, person some money, goods, etc.
o Elements:
1. Goods were assigned

2. Misappropriation or conversion; or a
denial by him of such receipt is also a
violation
3. To the prejudice of another
4. Demand by offended party to return
the money or property
o What is any other obligation to make
delivery or to return?
It refers to contracts of bailment, lease
of
personal
property,
deposit,
commodatum because under any of
these provisions, there is JURIDICAL
POSSESSION by the depositary
In estafa, both MATERIAL and
JURIDICAL possession is transferred to
the offender
o What is the difference between material and
juridical possession?
Possession which gives to the
transferee a right over the thing/property
which he may set-up against the
transferor
In Theft or robbery, there is NO
transaction between offender and
offended party
The transaction involved must not
transfer ownership to the offender
o There must be a FIDUCIARY relationship
between offender and offended party.

There must be an agreement to return

the same thing or money
It doesnt matter if the obligation is
guaranteed by a bond or not
Without this relationship, there is no
estafa
The duty to return the same thing or
money is based on:
A. MUTUAL AGREEMENT by the
parties or
B. BY LAW
o When does fraud come into play?
When
there
is
conversion
or
misappropriation.
o In bank loan transactions, usually, the borrower
is required to produce show money to
establish that she can repay the loan. But in a
case, she borrowed the show money from
someone else. She used it for her own benefit.
What is the crime?
HELD: Estafa. It was received in trust
for a particular purpose, and there is
obligation to return. By misappropriating
it, she is guilty of estafa.
Remember in Sec Trans that
borrowing show money is a
commodatum
transaction
involving personal property
o Must the misappropriation be permanent?
210

No.
Even a temporary disturbance
constitutes misappropriation. No need
to be permanent.
o What does prejudicial to another mean?
It need not be the owner of the property
himself. It can be another person, as
long as there is damage caused.
o An owner of a truck pledged it to another as
security for a loan contract. But then, he
leased it to another and it was stolen from the
lessees possession. What is the crime?
HELD: There was no estafa, because
there was no intent to misappropriate or
convert.
J. CALLEJO: Disagreed. The petitioner
could not have acted in GF, because he
had already pledged it to another as
security for a loan.
o Can there be estafa when there is no gain
on the part of the offender?
No. Case: a person was assigned
jewelry to sell, with commission. He
was not prohibited from appointing a
sub-agent, so he got one. The subagent stole the jewelry.
HELD: The agent was acquitted
because he did not convert or
misappropriate the jewelry.

The agent cannot be liable for

mere negligence in entrusting the
jewelry to another because there
is no such thing as estafa through
negligence
But is it possible that the agent is
liable?
1. He is liable if he CONSPIRED
with the sub-agent.
2. If there is prohibition to entrust
the jewelry to a sub-agent, but
the agent still does, then the
agent can be liable.
o May there be estafa in a loan transaction?
No.
Because owner of the money
loaned is transferred to the borrower,
even if the borrower can pay back.
What
about
money
market
placement?
No estafa because it partakes the
nature of a loan.
o What about bank deposits? Can there be
estafa if the money deposited is used by
the bank?
None. Deposits are treated as loans to
the bank, and are covered by the law on
mutuum.
o A teller of a bank receives deposits and
misappropriates these. What is the crime?
211

Theft, not estafa, because the bank

teller is merely an employee of the bank
and only gets material possession of the
money.
In a sale of property and earnest money is
given and the money is used by the seller.
Is there estafa?
No. Down-payment or earnest money
forms part of the purchase price. The
seller can use this money, even if the
sale eventually does not push through.
An employee who fails to account for cash
advances for travels is there estafa?
No estafa. Because this is in the nature
of a loan and the employee obtains
juridical possession of such.
The private respondent delivered his car to
a motor shop for repairs. The owner of the
shop misappropriated it. Is there estafa?
Yes. There is obligation to return after
repair. There was juridical possession,
and thus, estafa.
X was a sales agent selling residential lots
on behalf of a corporation.
He was
authorized to sell the lots, but NOT receive
the monthly amortizations from the lot
buyers. However, he received these and
worse, he failed to remit these. Is there
estafa?

Yes. Accused is guilty of two sets of

estafa:
1. As regards the lot buyers, he
committed estafa through fraud
or misrepresentation because he
claimed that he could receive
monthly amortizations.
2. As regards the employer,
estafa with abuse of confidence,
because he did not remit.
o How many counts of estafa are committed?
Depends on how many offended
parties/victims.
But if committed on different dates or
occasions there are as many counts of
estafa as the number of transactions.
o PD 155 Trust receipt transactions:
A trust receipt transaction imposes upon
trustee to give the price sold if sold, or if
the goods are not sold, return them to
the entrustor.
Is a violation of PD 155 estafa under
Art. 315 par. 1(b)?
Yes. Violation of this constitutes
estafa.
It is malum prohibitum. The only
thing to be established: prejudice
caused to another. Mere failure

212

to deliver already constitutes the

criminal offense.
When a person participates in the
commission of a crime, he CANNOT
escape liability due solely to the fact that
he was acting as an agent of another
party. The NCC provisions on agency
do not apply to criminal cases.
3. Taking undue advantage of signature of offended
party in blank

ESTAFA THROUGH FRAUD (2)

What are the acts covered by this paragraph?

o 1. Using fictitious name, falsely pretending to
possess power, influence, qualifications,
property, credit, etc.
o 2. Altering quality, fineness, weight of anything
pertaining to his business or art
o 3. Pretending to have bribed any Government
employee
N.B. for this instance, impose the
maximum
o 4. Bouncing check
o 5. Obtaining food or service from a hotel or
restaurant without paying for it and with intent
to defraud
Or obtaining credit through false
pretense or fraud

213

Or
surreptitiously
abandoning
or
removing luggage from establishment
without paying
Distinguish between estafa through fraud from
estafa through abuse of confidence?
o Abuse of confidence conversion or
misappropriation
o Fraud or false pretenses fraudulent acts
simultaneous or preceding
In illegal recruitment, can one be liable under both
the Labor Code and Estafa under this provision?
o Both the Labor Code AND estafa. There is no
double jeopardy because the Labor Code is an
SPL.
Essential elements:
o 1. False pretense, fraudulent act or means
o 2. Such must be made or exhibited prior to or
simultaneously
o 3. Offended party must have relied on such
and was thus induced to part with his money or
property
o 4. Thus causing damage
What is Fraud?
o Anything calculated to deceive
Ex. Falsely representing that property
used as security had mangoes, when it
was really barren
Ex. I will sell you my property. But it
really wasnt his.

Caveat emptor doctrine does not apply. You cannot

invoke the fact that the victim was himself negligent.
It doesnt apply to criminal cases.
Post dating a check or bouncing check:
o Can a person other than a drawer be liable?
Yes. Indorser or a co-conspirator.
o Elements:
1. Post-dating or issuance of check for
obligation contracted at the time the
check was issued
2. Lack or insufficiency of funds to cover
it
3. Knowledge of the drawer of this lack
4. Damage capable of pecuniary
estimation to the payee
o The fraud must be committed PRIOR or UPON
the issuance of the check.
o For what kind of obligation must the check
be issued for?
The check MUST NOT BE for paying a
pre-existing obligation, because there is
no more deceit in this case.
The drawer obtains no gain here,
because the consideration has already
been delivered to him.
o What is the implication of this doctrine,
then?

214

Yes. The date of the obligation, being

the very date of the check, is a
MATERIAL INGREDIENT of the crime.
Must the check be negotiable?
Negotiability of a check is not the
gravamen of the crime, but the fraud or
deceit in knowingly issuing a worthless
check.
When is the lack of funds determined as to
post-dated checks?
Valid as long as when it is due, there
are funds, even when there are no funds
at the time it was issued.
What if the bouncing check is issued as a
guaranty to secure a loan?
There is no estafa.
Issuing a bouncing check in exchange for
cash:
Estafa,
because
you
received
something in exchange
How do you prove knowledge that there
were no funds?
Direct evidence
Notice of dishonor from drawee bank
duly received by the drawer of the check
and failure to deposit money to cover
the amount
How can the issuer of a bouncing
check escape liability?

Depositing
required
amount
within 3 days of notice of
dishonor.
Failure to deposit the amount will
give rise to presumption of deceit.
What if the account is closed?
There is still need for notice of
dishonor to allow the person to
pay.
If there is no notice,
accused cannot be convicted.
BUT in another case, it held that
there was no need for notice of
dishonor because the account
was already closed.

ESTAFA THROUGH OTHER FRAUDULENT MEANS (3)

What are the means of committed estafa under

this paragraph?
o 1. Inducing another through deceit to sign any
document
o 2. Resorting to some fraudulent practice to
insure success in a gambling game
o 3. By removing, concealing, or destroying in
whole or in part, any court record, office files,
document, or any other papers

OTHER FORMS OF ESTAFA/SWINDLING (316)

B.P. 22 BOUNCING CHECKS LAW

o 2. Issued as guaranty
o 3. For pre-existing obligation
N.B. BP 22 doesnt distinguish between
pre-existing and concurrent obligation
What is the difference in period under BP 22
compared to RPC estafa?
o Under BP 22 the drawer of the check has a
period of 5 days from notice of dishonor (unlike
RPC, 3 days)
Under NIL check is stale after more than 6 months
(180 days) is there a need to issue a notice of
dishonor at the time it was presented for
payment?
o Only consequence is no prima facie
presumption of knowledge of no funds, still be
held liable if able to prove that he had
knowledge
Can there be simultaneous prosecution for estafa
and BP 22 for the single act of a bouncing check?
o Yes, if both apply. Estafa is concerned with
issuing a bouncing check as fraud; BP 22, with
the mere bouncing of the check per se.

What does B.P. 22 cover that is not covered by

the prior provision on estafa?
o 1. Issuance of check as deposit
215

What are covered by this provision?

o 1. Person pretends to be owner of real property
and disposes thereof
o 2. Person knows real property is encumbered
and disposes it
Even if the encumbrance is not recorded
o 3. Owner of personal property wrongfully takes
it from lawful possessor to the prejudice of the
latter or third person

o 4. Executing fictitious contract to prejudice of

another
o 5. Person accepts any compensation given him
under the belief that it was in payment for
labor/service when he didnt actually perform
any
o 6. Surety in a bond for criminal or civil action
disposes of the property given by him
Without leave of court or before
cancellation of the bond
OTHER DECEITS (318)

What does this cover?

o Person who defrauds or damages another
through deceit not covered by the prior
paragraphs or provisions
o Also covers those who tell fortunes or dreams
for a profit (!)
What does the word deceit include?
o Includes concealment of the fact that the car
sold was not brand new
VIOLATION OF CHATTEL MORTGAGE (319)

What is penalized here?

o 1. Mere removal of property from the place
where the CM was constituted
When is there no intent to defraud?
When the debtor has transferred
residence because he also has to
move his property
o 2. Failure to secure consent on the deed itself
or on the registry and the mortgagor sells or
further encumbers the personal property

DESTRUCTIVE ARSON (320)

216

What is arson and how committed?

o Destruction of property by fire, as long as fire
or pyrotechnics are used to destroy the
property
o When is it consummated?
When there is fire, and it was
intentionally caused, and property
burned even if not completely destroyed
o What must be proved?
1. Occurrence of fire due to criminal
agency
2. Identity of the defendants as the one
causing it
Can there be arson by negligence?
o Yes.
o Ex. A person burns trash disregarding the
strong winds that blew the cinders to the
neighbors
property.
The
crime
is
simple/reckless imprudence resulting to arson.
Is there frustrated arson?
o No. Its either the burning did not happen
(attempted arson) or it did, regardless of extent
(consummated arson).
When is the burning destructive arson?
o [Dangerous place]
o 1. Any ammunition factory and other
establishment where explosives, inflammable,
or combustible materials are stored
o [Important places]
o 2. Archive, museum (public/private), edifice
devoted to culture, education, social services
o 3. Church, place of worship, or usual place of
assembly

o 4. Building where evidence is kept for official

proceedings
o [Places with a lot of people]
o 5. Train, plane, vessel, or other transportation
o 6. Hospital, hotel, dormitory, housing tenement,
mall, market, movie house, or similar places
o 7. Building in a congested or populated area,
whether a dwelling or not
Other cases of arson: (with higher penalty than
simple arson):
o [Places with people]
o 1. Any building and office of government
o 2. Inhabited house or building
o [Related to industry or commence]
o 3. Industrial establishment, shipyard, oil well,
mine shaft, platform, tunnel
o 4. Plantation, farm, etc.
o 5. Rice mill and other mills
o 6. Railway or bus station, airport, wharf,
warehouse
If destructive arson or those other cases are not
specified, what is the charge?
o Simple arson
What are the special aggravating circumstances?
o 1. Committed with intent to gain
o 2. Committed for benefit of another
o 3. Motivated by spite or hatred towards owner
or occupant
o 4. Committed by syndicate
What else are specially punished?
o 1. Arson, where death results (qualified)
Is this arson with homicide?
No.

1. If the purpose is to kill, and

burning was the means, it is
murder
2. If the purpose is to burn, but
someone died, it is arson under
this provision.
o Homicide is absorbed but
there is civil liability for
death.
3. If person is killed and the
house is burned to conceal, two
crimes: 1) murder, 2) arson
o 2. Mere conspiracy to commit arson
What if several houses burn?
o There is only one crime of arson no matter how
many houses were burned.
Supposing someone burns his own property is he
liable?
o He may be liable if other peoples property is
damaged.
MALICIOUS MISCHIEF (327)

217

What is malicious mischief?

o Act of intentionally causing damage to property
of another without use of fire or pyrotechnic
o There must be specific intent to destroy such
property
o Can it be committed by culpa?
No.
Distinguish between unjust vexation and
malicious mischief:
o Unjust vexation if the purpose is to irritate a
person

o Malicious mischief if purpose is to damage

property
Distinguish between malicious mischief and
arson:
o Arson can be committed by dolo or culpa,
malicious mischief by dolo only
o Arson must be by fire, malicious mischief if not
by fire
o If death results from arson, it is just arson (but
qualified); if death or injury results from
malicious mischief, those are separate crimes
Distinguish between malicious mischief and theft:
o Malicious mischief has no intent to gain
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY (332)

o 2. Estafa but NOT complexed with other crimes

(ex. estafa with falsification of commercial
documents)
o 3. Malicious mischief
Not arson
XI: CRIMES AGAINST CHASTITY
ADULTERY (333)

Who are the persons exempt from criminal

liability?
o 1. Spouses
o 2. Ascendants and descendants
o 3. Son/daughter-in-law and mother/father-inlaw
o 4. Brothers and sisters who must be living
together
Whether legitimate, half, or illegitimate
What if there are strangers participating in the
crime?
o They are not exempt
Is there civil liability?
o Yes. The exemption is only for criminal liability
For what crimes are they exempted?
o 1. Theft, including qualified theft
Not robbery

218

Who are liable for adultery?

o 1. Married woman who has sexual intercourse
with a man not her husband
o 2. That other man who has carnal knowledge
of her, knowing her to be married
o What if the marriage was subsequently
declared void?
It does not exculpate because the
marriage ostensibly exists by then
Is it a continuing crime?
o No.
o Each sexual intercourse consummates the
crime. Ex. Sex 5 times, adultery 5 times.
Can there be frustrated adultery?
o No frustrated adultery because it is
consummated by intercourse, so the rule for
rape likewise applies.
What about attempted adultery?
o There can be attempted adultery. Caught in
hotel in act of undressing, about to have sex.
Can there be criminal action against just one of
the parties?
o No. It must be against both parties if both are
alive.

(336)

Differentiate pardon from consent:

o Pardon is prior to the act, consent is after. In
any case, it is a bar to filing a criminal
complaint.
Who can initiate action for adultery and
concubinage?
o Must be from offended spouse. Both offenders
must be named in the complaint.

(339)

Obscene
acts Obscene
acts Obscene acts
committed with committed with lewd committed with
lewd design
design
lewd design
Committed under
circumstances of
rape
(no
consent)

CONCUBINAGE (334)

Committed
under
circumstances
of
seduction (consent
secured by deceit)

Victim is male or Victim is female

female

How is concubinage committed?

o 1. Husband keeping a mistress in the conjugal
dwelling
o 2. Having sexual intercourse under scandalous
circumstances with a woman not his wife
o 3. Cohabiting with the woman in any other
place
Means living together as husband and
wife, not merely living together under
one roof, but also having sexual
intercourse.
Who is liable for concubinage?
o Husband PC
o Concubine destierro only
Can a man be liable for adultery and concubinage
at the same time?
o Yes, if his concubine is a married woman.
ACTS OF LASCIVIOUSNESS (336) AND CONSENTED ACTS OF
LASCIVIOUSNESS (339)

Any age,
reputation

Acts
of Consented acts of Sexual abuse
lasciviousness
lasciviousness
(RA 7610)
219

Victim is male
or
female
exploited
in
prostitution or
subjected
to
sexual abuse

any 12 to below 18 12 to below 18

years old and virgin years old (if
less than 12,
of good reputation
prosecute
under RPC)

Distinguish acts of lasciviousness from attempted

rape:
o In acts of lasciviousness there is no intent to
have carnal knowledge of a woman
o In attempted rape, there is but before he could
complete all acts of execution, he is prevented
other than by spontaneous desistance
What is required intent-wise?
o Lewd design something indecent or obscene,
designed to incite crude sexual design

o It may be inferred from nature of act committed

and occasion acts were committed.
Related with RA 7610:
o Lascivious conduct may be committed under
RA 7610, victim of child abuse.
o Elements of sexual abuse under RA 7610:
1.
Accused
commits
acts
of
lasciviousness
2. Act is performed with a child exploited
in prostitution or subjected to sexual
abuse
3. Child is below 18 and whether male
or female
o What if the child is below 12?
Prosecuted under the RPC (penalty is
RT instead of PC)

Victim can be 18 or older if

the
offender
is
an
ascendant or brother

What is the concept of seduction?

o Having sexual intercourse with one who is
presumed by law to be unable to fully give
consent to it (although not rape)
o What if there is no sexual intercourse?
It can be consented acts of
lasciviousness (339)
Can abuse of confidence be appreciated in
qualified seduction?
o No. Abuse of confidence is inherent, not
aggravating circumstance
What is the concept of virginity in qualified
seduction?
o Physical, not moral; i.e. that the woman has no
sexual experience.
Compare with rape:
o It is always rape if less than 12 years old
(statutory rape); if 12-18 there must be force or
intimidation. Virginity is not material in rape.
o In qualified seduction, the girl must be 12-18
and virginity is an element.
CORRUPTION OF MINORS (340)

QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338)

Qualified seduction (337)

Simple seduction (338)

Offender
has
sexual Offender
has
sexual
intercourse with the victim intercourse with the victim
through cajolery
through cajolery
Victim is a virgin woman

Victim is a single woman or

widow (because you cant
get married below 18 now)
of good reputation

Offender is person with Offender is any person

authority, confidence, or
relationship vis--vis the
victim

Generally, victim is 12 to Victim is always 12 to

below 18 years old
below than 18 years old

What is corruption of minors?

o A minor is used by one person to satisfy the
lust of another and not his own lust.

FORCIBLE ABDUCTION (342)

(343)
220

AND

CONSENTED ABDUCTION

Forcible abduction (342)

Consented
(343)

o N.B. the element of lewd design cannot be

deployed twice to prove two crimes
PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)

abduction

Victim is any woman of any Victim is virgin of 12 to

age,
civil
status,
or below 18 years old
reputation
Abducted against her will

Abducted with her consent

With lewd designs

With lewd designs

When is forcible abduction absorbed by rape?

o When the initial intention is really to rape.
When is the crime of forcible abduction
complexed with rape?
o The taking of the woman amounts to forcible
abduction, and thereafter, she was raped
o What if there are multiple rapes?
Then only one rape shall be complexed
with forcible abduction. The second
rape and others are separate crimes.
When is there kidnapping or kidnapping with
rape?
o If the purpose of the taking is to deprive the
woman of her liberty
o If the woman was raped thereafter, kidnapping
with rape
Is there a crime of forcible abduction with
attempted rape/acts of lasciviousness?
o No, because both are manifestations of lewd
designs which is already an element of the
forcible abduction. The crime is just forcible
abduction.

What is the nature of civil indemnity?

o It is absolute and never conditions upon the
financial capacity of the accused
When must pardon be given by the victim?
o Before prosecution of the crime
o Except rape
o What is the effect of pardon by the offended
party?
It does not extinguish criminal liability.
The only exception is valid marriage
between the offender and victim.
In rape, will pardon of the parents of the victim
without concurrence of the minor victim be
effective?
o No.
o It must be given by the minor herself too.
What is the civil liability of a person convicted of
rape when an offspring results from rape?
o 1. Indemnify the woman
o 2. Acknowledge the offspring unless the law
prevents him from doing so
When there is no legal impediment (if
both are single)
o 3. Support the offspring

XII: CRIMES AGAINST CIVIL STATUS

221

SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND

CONCEALMENT OR ABANDONMENT OF LEGITIMATE CHILD
(347) AND USURPATION OF CIVIL STATUS (348)

BIGAMY (349)

What are the elements of bigamy?

o 1. Offender has been legally married
o 2. Marriage has not been legally dissolved, or
the absent spouse has not yet been judicially
declared presumed dead
o 3. Offender contracts a subsequent marriage
o 4. Such subsequent marriage has all the
essential requisites of validity
Xs spouse has been absent for 12 years, so he
married another person. Is this bigamous?
o Yes. There must be a prior declaration of
presumptive death by the courts.
X and Y are married. X married Z. To avoid
bigamy, he petitioned to annul the first marriage
with Y and it was granted. Was there bigamy?
o Yes. The judgment of nullity or annulment
must precede the subsequent marriage.
Does the principle of constructive notice by
registration apply to bigamy?
o No, because it is usually entered into secretly
from the spouse. So there must be ACTUAL
knowledge of the subsequent marriage.
o Viz. In land and property disputes, constructive
knowledge through registration applies.
ILLEGAL MARRIAGE (350)

Who are penalized?

o 1. Those who simulate birth, substitute one
child for another, or abandon/conceal a
legitimate child to have him/her lose civil status
o 2. Any physician or surgeon or public officer
who through profession or office cooperates in
the crime
o 3. One who usurps the civil status of another to
defraud the offended party or his heirs
Where should simulation of birth be made?
o It must be made in the record of birth
o What if its done in another document?
Then the crime is falsification
o What if the record of birth reflects the true
parents but simulation is in other
documents?
No violation of 347
When is child trafficking committed in relation to
these provisions, under RA 7610?
o 1. Parents agree to adopt the child for a
consideration
o 2. Physician made it appear in the record of
birth that the supposed parents are natural
parents

222

What is illegal marriage?

o Contracting marriage knowing that the
requirements of law have not been complied
with, or it is in disregard of a legal impediment
except for bigamous marriages

Distinguish from bigamy:

o 1. Subsequent marriage in bigamy is valid,
except that it is bigamous; in illegal marriage,
the subsequent marriage is void or annullable
and there is no need for a first marriage
o 2. Bigamy only refers to a subsequent valid
marriage before judicial declaration of nullity or
presumptive death; illegal marriage covers all
other void or voidable marriages
PREMATURE MARRIAGE (351)

What is premature marriage?

o 1. One who remarries within 301 days from the
death of her husband
o 2. One who remarries prior to delivery of her
child, if pregnant during his death

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)

What is punishable here?

o Priest or minister of any religious denomination
or sect, or civil authorities who celebrate illegal
marriage ceremony

XIII: CRIMES AGAINST HONOR

LIBEL (353)

What is libel?
o Public and malicious imputation of a crime,
vice, or defect, real or imaginary, or any act,
omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or

223

contempt of a natural/juridical person, or to

blacken the memory of the dead
What are the elements of libel?
o 1. Allegation of discreditable act or condition to
another
o 2. Publication of the charge
o 3. Identity of the person defamed
o 4. Existence of malice
What is publication?
o After it has been written, to make it known to
someone other than the person to whom it has
been written
o What if its sent straight to the person to
whom it is written?
Then there is no publication.
o What if an unsealed libelous letter is sent to
the offended party?
There is publication since anyone could
have read it (even just the postman)
o Is an inter-office memo publication?
In a case, because it was only directed
towards the supervising officers, etc.
then it is not publication
What is the presumption in libel?
o Every defamatory imputation presumed to be
malicious, even if it is true
o Except?
When good intention and justifiable
motive can be shown

What are the exceptions to libel?

o 1. Private communication by one person to
another in the performance of legal, moral, or
social duty
o 2. Fair comment of public acts
What is identity?
o At least a stranger or third person may be able
to identify him as the subject of the statement
Can the court impose a fine instead of
imprisonment?
o Yes, it is up to court discretion to impose
imprisonment, fine, or both. Merely imposing a
fine can be out of compassion.
Who are the other punishable persons in relation
to libel?
o 1. Those who threaten to publish the libelous
material unless he is compensated
o 2. Those who offer to prevent the publication of
such libel for compensation

SLANDER BY DEED (359)

What is slander by deed?

o Dishonor, discredit, or contempt upon another
person which is not covered by slander or libel

GENERAL PROVISIONS (360)

SLANDER (358)

o Not depending on sense and grammatical

meaning of the utterances
Is putang ina mo slander?
o No.
Is there frustrated or attempted defamation?
o No. It is a formal crime.

When is a defamatory remark serious and when is

it slight?
o Depends on the special circumstances of each
case, antecedents, or relationships between
the offended party and the offender which
might tend to prove the intention of the
offender at the time.

224

Who are the persons responsible for defamatory

publications?
o 1. Any person who publishes, exhibits, or
causes the publication or exhibition of any
defamation in writing or similar means
o 2. Author or editor of a book or pamphlet,
newspaper to the extent that are
authors/editors thereof
What courts have jurisdiction over libel cases?
o Even if the punishment falls within the MTC
scope, by express provision of law, it is under
RTC jurisdiction always
What is the venue of libel cases (alternative)?
o 1. RTC of province or city where the libelous
article is printed and first published (regardless
of nature of victim)

o 2. If offended party is a private individual, RTC

of province where actually resided during
offense
o 3. If offended party is a public officer whose
office is in Manila at the time of the commission
of offense, in the RTC of Manila
o 4. If public officer outside of Manila, in the RTC
of the province or the city where he held office
during the commission of the offense
Can a headline alone be libelous?
o No. The headline must be read with the
accompanying news story
When can public officers demand damage from
members of the press?
o If the statement was made with actual malice
with knowledge that it was false or with
reckless disregard of whether it was false or
not
o How is reckless conduct measured?
Whether a prudent man would have
published it or investigated further
before publishing

XIV: CRIMINAL NEGLIGENCE

INCRIMINATORY MACHINATIONS (363-364)

o Chismis. (The author is unknown and the

offender appears to be repeating only what he
heard others say. He doesnt want to assume
responsibility for the statement.)
o What if the source of the statement is
known?
Its slander
What is incriminating an innocent person?
o Imputing to the innocent person the
commission of a crime. This includes planting
of evidence

What are the crimes under incriminatory

machinations?
o 1. Incriminating an innocent person (363)
o 2. Intriguing against honor (364)
What is intriguing against honor?
225

What is reckless imprudence?

o It is the inexcusable lack of precaution of a
person, taking into consideration his: a)
employment, b) intelligence, c) physical
condition, d) other circumstances (time,
person, or place).
o This must lead to material damage to another,
which is manifest.
o What are the elements of reckless
imprudence?
1. Offender does or fails to do an act
2. It is voluntarily done or not done
3. Without malice
4. Material damage results from the
reckless imprudence

5. There is inexcusable lack of

precaution on the part of the offender,
taking into account the above
considerations
What is simple imprudence?
o The failure to exercise the diligence necessary
or called for by the situation.
o It applies to situations where the threatened
harm is not immediate or the danger is not
openly visible.
What is the nature of culpa/imprudence?
o Culpa under Art. 365 is in itself a crime
(criminal negligence)
o Under Art. 3, it is just a mode of committing a
crime
Do complex crimes apply to imprudence?
o Yes. If a reckless, imprudent, or negligent act
results in two or more grave or less grave
felonies
Relate reckless imprudence to malice:
o Reckless imprudence consists of voluntarily
doing or failing to do, without malice, an act
from which material damage results by reason
of an inexcusable lack of precaution by the
person performing or failing to perform the act
o Malice is the antithesis of reckless imprudence
In case of abandonment of victim, what provision
of the RPC governs?

o The qualifying circumstance of the last

paragraph (abandonment) must be alleged for
the court to have jurisdiction to impose the next
higher degree penalty
To convict for medical malpractice, what kind of
evidence is required?
o Expert testimony is usually necessary to
support the conclusion as to causation
o What is the exception to this rule?
Res ipsa loquitur
Is there a crime of double homicide through
reckless imprudence?
o No. In reckless imprudence, the actual penalty
for criminal negligence bears no relation to the
individual willful crime or crimes committed, but
set in relation to a whole class/series of crimes.
o N.B. in the penalties for negligence, what
matters is if a less grave or a grave felony
results. This determines the violation.
But does a charge under the RPC absorb the
other charges comprising mala prohibita crimes?
o No. A mala in se felony cannot absorb mala
prohibita crimes.

ANNEX 1: CIVIL INDEMNITY RATES

226

Even with RA 9346, the classification of crimes as

heinous and quasi-heinous still remains (heinous:
death; quasi-heinous: RP)

o If the crime is heinous:

75,000 indemnity
50,000 moral damages
o Quasi-heinous
50,000 indemnity
50,000 moral damages
Simple rape indemnity 50,000; moral damages
50,000
o No need to prove besmirched reputation,
mental anguish etc. It goes without saying
already. REGARDLESS of sexual preference,
religious orientation, etc.
Sexual assault (finger)
o 30,000 indemnity
o 30,000 moral damages
Raped three times:
o There must be a separate award for each
crime.
o It cannot be one award for 150,000. There
must be three separate awards for 50,000
each.
General rule: for rape support child born out of
rape. (Art. 345 in every case)
o May the offender be compelled to give
support to the child born out of rape,
although the woman is married?
No, not if the woman is already married.
Dissent by Justice Regalado: compel
offender, provided that the paternity of

227

the child to the offender is established.

(Basis: Art. 345 of RPC does not
distinguish)
o But the offender cannot be obliged to
acknowledge offspring in adultery and
concubinage, when the offended party is
married and paternity cannot be determined.
Use of woman to rape a woman is aggravating even
special:
o 25,000 damages
Acts of lasciviousness:
o 5,000 moral
o 2,000 exemplary for each count
Qualified rape:
o 75,000 indemnity
o 50,000 moral damages
Rape with homicide:
o 100,000 indemnity
o 50,000 moral damages
For moral damages on parricide, homicide, rape, etc.
No need to allege emotional suffering on information.
o But some cases say that in homicide or
murder, there must be proof that the heirs
suffered emotional pain, suffering, etc. Ex. if
they are separated, then they dont feel
anything.
Consummated homicide:
o 50,000 indemnity
o 50,000 moral damages

Frustrated homicide:
o 30,000 moral damages
Attempted homicide:
o 30,000 moral damages
o Moral v. P: 10,000
In reckless imprudence resulting to homicide:
o Indemnity
o Moral damages
Robbery with homicide:
o 50,000 indemnity
o 50,000 moral damages
Forcible abduction with rape (for each count):
o 75,000 indemnity
o 50,000 moral damages
Kidnapping with rape
o 100,000 for kidnapping
o 25,000 for moral damages
o 50,000 for slight illegal detention
Victim kidnapped was 8 years old:
o 50,000 indemnity
o 200,000 moral damages
o 100,000 exemplary damages because
demand for ransom was deemed an AC
Qualified carnapping:
o 75,000 indemnity
o 50,000 moral

228