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ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law

SUMMER REVIEWER
Principles of
Public
International Law
Ex:

sovereigns and
other chiefs of
state

BOOK I
Ambassadors,
ministers
plenipotentiary,
minister resident
CRIMINAL LAW
A branch of
municipal law
which defines
crimes, treats of
their nature and
provides for their
punishment.

Characteristics
of Criminal Law:

General binding
on all persons
who reside or
sojourn in the
Philippines
Exceptions:
Treaty Stipulation
Laws of
Preferential
Application

and charges
daffaires

(BUT consuls,
vice-consuls and
other foreign
commercial
representatives
CANNOT claim
the privileges and
immunities
accorded to
ambassadors and
ministers.)

Territorial
penal laws of the
Philippines are
enforceable only
within its territory

Exceptions: (Art.
2 of RPC

binding even on
crimes committed
outside the
Philippines)
retroactive effect.
offense
committed while
on a Philippine
ship or airship
forging or
counterfeiting any
coin or currency
note of the
Philippines or
obligations and
the securities
issued
by the
Government
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the

Exception: when
the law is
favorable to the
accused
Exceptions to
the Exception:

The new law is


expressly made
inapplicable to
pending actions
or existing causes
of action
Offender is a
habitual criminal

are needed to see this picture.

above-mentioned
obligations and
securities

while being public


officers and
employees, an
offense
committed in the
exercise of their
functions
crimes against
national security
and the law of the
nations defined in
Title One of Book
Two

Prospective
the law does not
have any

Theories of
Criminal Law:

Classical Theory
basis is mans
free will to choose
between good
and evil, that is
why more stress
is placed upon
the result of the
felonious act than
upon the criminal
himself. The
purpose of
penalty is
retribution. The
RPC is generally
governed by this
theory.

Positivist Theory
basis is the sum
of social and
economic
phenomena
which conditions
man to do wrong
in spite of or
contrary to his
volition. This is
exemplified in the
provisions on
impossible crimes
and habitual
delinquency.

Mixed Theory
combination of
the classical and
positivist theories
wherein crimes
that are economic
and social in
nature should be
dealt in a positive
manner. The law
is thus more
compassionate.

the terms of the


law

an act is criminal
only when made
so by the statute

In cases of
conflict with
official translation,
original Spanish
text is controlling,
No interpretation
by analogy.

LIMITATIONS ON
POWER OF
CONGRESS TO
ENACT PENAL
LAWS:

ex post facto law


Construction of
Penal Laws:

Liberally
construed in favor
of offender Ex:

the offender must


clearly fall within

bill of attainder
law that violates
the equal
protection clause
of the constitution
law which
imposes cruel
and unusual
punishments nor
excessive fines

Advisers: Atty. Lorenzo Padilla, Justice


Diosdado Peralta; Head: Kristine Quimpo;
Understudies: Ivy Patdu, Krizna

Gomez

Criminal
Law
Summer
Reviewer
ATENEO
CENTRAL BAR
OPERATIONS

2007

BOOK ONE

RULES:

Philippine vessel
or airship
Philippine law shall
apply to offenses
committed in
vessels registered
with the Philippine
Bureau of
Customs. It is the
registration, not
the citizenship of
the owner which
matters.

Foreign vessel
a. French Rule

GENERAL
PROVISIONS

ART.1: TIME
WHEN ACT
TAKES EFFECT

RPC took effect


February 1, 1932.

ART. 2:
APPLICATION
OF ITS
PROVISIONS

General Rule:
Crimes committed
aboard a foreign
vessel within the
territorial waters of
a country are NOT
triable in the courts
of such country.

Exception:
commission
affects the peace
and security of the
territory, or the
safety of the state
is endangered.

b. English Rule

General Rule:
Crimes committed
aboard a foreign
vessel within the
territorial waters of

a country are
triable in the
courts of such
country.

Crime acts and


omissions
punishable by any
law

Exception: When
the crime merely
affects things
within the vessel
or it refers to the
internal
management
thereof.

Act an overt or
external act

*This is
applicable in the
Philippines.

Title One:
FELONIES AND
CIRCUMSTANCE
S

Omission failure
to perform a duty
required by law

ELEMENTS:
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Chapter One:
FELONIES

Felonies acts
and omissions
punishable by the
Revised Penal
Code

there must be an
act or omission
this must be
punishable by the
RPC
act or omission
was done by
means of dolo or
culpa

NULLUM
CRIMEN, NULLA
POENA SINE
LEGE

There is no crime
when there is no
law punishing it.

Classification Of
Felonies
According To
The Means By
Which They Are
Committed:

carelessness by
the accused

Culpable
Felonies- by
means of fault
(culpa)
Requisites:
freedom
intelligence

Intentional
Felonies- by
means of deceit
(dolo)

negligence (lack of
foresight) and
imprudence (lack
of skill)

Requisites:
freedom
intelligence
intent.

MISTAKE OF
FACT
misapprehension
of fact on the part
of the person who
caused injury to
another. He is not
criminally liable.
Requisites:
the act done
would have been
lawful had the
facts been as the
accused

believed them to
be bintention is
lawful

mistake must be
without fault or

MALA IN SE v.
MALA
PROHIBITA

Mala in se

Mala Prohibita

valid
defense,
moral trait of
considered
not considered

not
a
defense;

offender
defense

unless the crime is

intent

not

the result of culpa

necessary-

good faith as a

sufficient
that
the

the
act
prohibited

offender
has
the

intent to perpetrate

Page 2 of 174

by the special law

Criminal
Law
Summer
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CENTRAL BAR
OPERATIONS

2007

mitigating
and

taken into account


degree

GENERALLY not
aggravating

of
taken into account
taken into account
accomplishme

in imposing penalty
taken into account
circumstance

only
when
nt of the crime

consummated

degree

laws violated

of
when there is more

General

GENERALLY not

Rule:

participation

General
Rule:

than one offender,


taken into account

RPC

it

Special

is

Penal

taken
into

Laws
consideration

INTENT v.
MOTIVE
a result

Intent

Motive

purpose

element of crime
except

to

not an element

use
a
moving power
which
impels

particular means to
effect
one to act

in crimes committed
with

culpa

essential

ART. 4:
CRIMINAL
LIABILITY

in
intentional
essential only when
the identity

felonies

Par.1 Criminal
liability for a
felony
committed
different from
that intended to
be committed

Requisites:

felony has been


committed
intentionally
of the felon is in
doubt

injury or damage
done to the other
party is
the direct, natural
and logical
consequence of
the felony

Hence, since he
is still motivated

by criminal intent,
the offender is
criminally liable in:

Error in
personae
mistake in identity
Abberatio ictus
mistake in blow
3. Praetor
intentionemQuickTieand
lacka of intent to

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PROXIMATE
CAUSE the
cause, which in
the natural and
continuous
sequence
unbroken by any
efficient
intervening cause,
produces the
injury, without
which the result
would not have
occurred

Act would have


been an offense
against persons
or property.

There was
criminal intent.
Accomplishment
is inherently
impossible; or
inadequate or
ineffectual means
are employed.
Act is not an
actual violation of
another provision
of the Code or of
special law.

Impossible crime
occurs when
there is:

inherent
impossibility to
commit the crime
inadequate
means to
consummate the
crime
ineffectual means
to consummate
the crime

Par. 2 Impossible
Crime

Requisites:

Art. 5: Duty of
the court in
connection with
acts which
should be
repressed but
which are not
covered by the

law, and in cases


of excessive
penalties

Note: Paragraph
2 does not apply
to crimes
punishable by
special law,
including
profiteering, and
illegal possession
of firearms or
drugs. There can
be no executive
clemency for
these crimes.

ART. 6:
CONSUMMATED
, FRUSTRATED,
AND

ATTEMPTED
FELONIES

STAGES OF
EXECUTION:

CONSUMMATED
when all the
elements
necessary for its
execution and
accomplishment
are present

Page 3 of 174

FRUSTRATED
Elements:

offender performs
all acts of
execution
all these acts
would produce
the felony as a
consequence
BUT the felony is
NOT produced
by reason of
causes
independent of
the will of the
perpetrator

ATTEMPTED
Elements:

offender
commences the
felony directly by
overt acts

does not perform


all acts which
would produce
the felony

his acts are not


stopped by his
own spontaneous
desistance

Criminal
Law
Summer
Reviewer

ATENEO
CENTRAL BAR
OPERATIONS

2007

All acts of execution


are

All the acts of

execution
are
present

Attempted

Frustrated

execution
are

Consummated
started

present

Overt
acts
of

present

achieved

achieved
Not
all
acts
of
Crime
sought to
be

The
result

execution
are
committed
is
not

Due
to
reasons

sought
Due
is

to
intervening

perpetrator
other
than
the
causes independent
of

spontaneous

the will of the


perpetrator

desistance of the

Crimes, which do
not admit of
Frustrated and
Attempted
Stages:

Crimes which do
not admit of
Frustrated
Stage:

Rape
Bribery

Offenses
punishable by
Special Penal
Laws, unless the
law provides
otherwise

Corruption of
Public Officers
Adultery
Physical Injury

Formal crimes
consummated in
one instance

2 stages in the
development of
a crime:

(Ex: slander,
adultery, etc.)

1. Internal acts

Impossible Crimes
Crimes
consummated by
mere attempt

- e.g. mere ideas of the


mind
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(Ex: attempt to flee


to an enemy
country, treason,
corruption of
minors)

Felonies by
omission
Crimes committed
by mere
agreement
(Ex: betting in
sports: ending,
corruption of public
officers)

External acts

a. Preparatory
acts - ordinarily
not
punishable except
when considered
by law as
independent
crimes

(e.g. Art. 304,


Possession of
picklocks and
similar tools)

Acts of Execution punishable under


the RPC

even if committed
against persons
or property.

ART. 8:
CONSPIRACY
AND PROPOSAL
TO

ART. 7: WHEN
LIGHT FELONIES
ARE

COMMIT
FELONY

CONSPIRACY
PUNISHABLE
Requisites:
General Rule:
Punishable only
when they have
been
consummated

Exception: Even if
not consummated,
if committed
against persons or
property

Ex: slight physical


injuries, theft,
alteration of
boundary marks,
malicious mischief,
and intriguing
against honor.

Note: Only
principals and
accomplices are
liable; accessories
are NOT liable

Two or more
persons come to
an agreement
For the
commission of a
felony
And they decide
to commit it

Concepts of
Conspiracy:

As a crime in
itself
Ex: conspiracy
to commit
rebellion,
insurrection,
treason, sedition,
coup d etat

2. Merely as a
means to commit
a crime
Requisites:

commit a felony is
not punishable
since it is merely
a preparatory act.

a prior and express


agreement

Exception: when
the law
specifically
provides for a
penalty

participants acted
in concert or
simultaneously,
which is indicative
of a meeting of the
minds towards a
common criminal
objective

Note: Conspiracy
to commit a felony
is different from
conspiracy as a
manner of
incurring criminal
liability.

General Rule:
Conspiracy to

Ex: rebellion,
insurrection,
sedition, coup d
etat

General Rule:
The act of one is
the act of all.
Exception:
Unless one or
some of the
conspirators
committed some
other crime which
is not part of the
intended crime.

Page 4 of 174

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Exception to the
exception: When

the act constitutes


an indivisible
offense.

OVERT ACTS IN
CONSPIRACY
MUST CONSIST
OF:

Active
participation in
the actual
commission of
the crime itself, or

Moral assistance
to his coconspirators by
being present at
the time of the
commission of
the crime, or

Proposal

Exerting a moral
ascendance over
the other coconspirators by
moving them to
execute or
implement the
criminal plan

People v. Abut,
et al. (GR No.
137601, April 24,
2003)

PROPOSAL TO
COMMIT A
FELONY

Elements

Agreement
Requisites:

A person has
decided to
commit a felony

to

person decides
to

And proposes its


execution to
some other
person or persons

commit
AND

Conspiracy

commit

a crime

to

Proposal
commission
to
AND proposes the

commit:
sedition,

commit:
same to another

treason,

treason, rebellion,

rebellion,
coup
d

Crimes
coup d etat
Conspiracy

etat

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To determine
whether the
felonies can be
complexed or not.
To determine the
prescription of the
crime and of the
penalty.
*no proposal
to

Penalties
(imprisonment):

Grave felonies
afflictive
penalties: 6 yrs.
and 1 day to
reclusion
perpetua (life)

commit sedition

ART. 9: GRAVE
FELONIES, LESS
GRAVE
FELONIES AND
LIGHT FELONIES

Less grave
felonies
correctional
penalties:

1 month and 1
day to 6 years

Light felonies arresto menor (1


day to 30 days)

ART. 10:
OFFENSES NOT
SUBJECT TO
THE
Terms
PROVISIONS OF
THIS CODE
imprisonment
General Rule:
RPC provisions
are
supplementary to
special laws.

prision

Exceptions:

when special law


provides
otherwise

correccional,

when provision of
RPC are
impossible of
application, either
by express
provision or by
necessary
implication
prision mayor,

Special Laws

RPC

arresto mayor,

Plea of guilty as

No

etc.

Yes

Attempted or

mitigating

General Rule: Not

Punishable

Frustrated

circumstance

punishable

Stages

Minimum,

Exception: Unless

Not applicable

Yes

medium and

otherwise stated

Exception: Unless

maximum

otherwise stated

periods

Provisions of
RPC applicable
to special laws:

Penalty for

General Rule:

Yes

accessory or

None

accomplice

Art. 16
Participation of
Accomplices

Art. 22
Retroactivity of
Penal laws if
favorable to the
accused

Art. 45
Confiscation of
instruments used
in the crime

Note: When the


special law
adopts the
penalties
imposed in the
RPC i.e. penalties
as reclusion
perpetua, prision

correccional, etc.
the provisions of
the RPC on
imposition of
penalties based
on stages of
execution, degree
of participation

and attendance of
mitigating and
aggravating
circumstance may
be applied by
necessary
implication.

Page 5 of 174

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Chapter Two

JUSTIFYING
CIRCUMSTANCE
S
AND
CIRCUMSTANCE
S, WHICH
EXEMPT

FROM
CRIMINAL
LIABILITY

ART. 11.
JUSTIFYING
CIRCUMSTANCE
S

JUSTIFYING
CIRCUMSTANCE
S where the act
of a person is in
accordance with
law such that said
person is deemed
not to have
violated the law.

General Rule: No
criminal and civil
liability incurred.
Exception: There
is civil liability with
respect to par. 4
where the liability
is borne by
persons benefited
by the act.

Par. 1 Selfdefense

Elements:

Unlawful
Aggression
indispensable
requirement
There must be
actual physical
assault or
aggression or an
immediate and
imminent threat,
which must be
offensive and
positively strong.
The defense must
have been made
during the
existence of
aggression,
otherwise, it is no
longer justifying.
While generally
an agreement to
fight does not
constitute
unlawful
aggression,
violation of the
terms of the
agreement to fight
is considered an
exception.

Reasonable
necessity of the
means
employed to
prevent or repel
it

Test of
reasonableness
depends on:

weapon used by
aggressor
physical
condition,
character, size
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physical
condition,
character, size
and
circumstances of
person defending
himself
place and
occasion of
assault

Lack of
sufficient
provocation on
the part of the
person
defending
himself

NOTE: Perfect
equality between
the weapons
used,

must be an
attempt to rape
the victim
nor material
commensurability
between the
means of attack
and defense by
the one defending
himself and that
of the aggressor
is not required

defense of
property must
be coupled with
an attack on the
person of the
owner, or on one
entrusted with the
care of such
property.

REASON: the
person assaulted
does not have
sufficient
opportunity or
time to think and
calculate.

People v.
Narvaez, (GR
No. L-33466-67,
April 20, 1983)

Rights included
in self-defense:

defense of person

Attack on
property alone
was deemed
sufficient to
comply with
element of
unlawful
aggression

defense of rights
protected by law
defense of
property (only if
there is also an
actual and
imminent danger
on the person of
the one
defending)

self-defense in
libel justified
when the libel is
aimed at a
persons good
name.

defense of
chastity

Stand ground
when in the
right - the law
does not require a
person to retreat
when his
assailant is
rapidly advancing
upon him with a
deadly weapon.

Kinds of SelfDefense:

self-defense of
chastity there

NOTE: Under
Republic Act 9262
(Anti-Violence
Against Women
and Their
Children Act of
2004), victimsurvivors who are
found by the
Courts to be
suffering from
Battered Woman
Syndrome (BWS)
do not incur any
criminal or civil
liability despite
absence of the
necessary
elements for the
justifying
circumstance of
self-defense in
the RPC. BWS is

a scientifically
defined pattern of
psychological and
behavioral
symptoms found
in women living in
battering
relationships as a
result of
cumulative abuse.

Par. 2 Defense of
Relative

Elements:

unlawful
aggression
(indispensable
requirement)

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reasonable
necessity of the
means employed
to prevent or repel
it

In case the
provocation was
given by the
person attacked,
the one making
the defense had
no part in such
provocation.

Relative entitled
to the defense:

spouse
ascendants
descendants
legitimate, natural
or adopted

brothers and
sisters, or
relatives by affinity
in the same
degrees
relatives by
consanguinity
within the 4th civil
degree

NOTE: The
relative defended
may be the
original aggressor.
All that is required
to justify the act of
the relative
defending is that
he takes no part in
such provocation.

Par. 3 Defense of
Stranger

Elements:

unlawful
aggression
(indispensable
requirement)

reasonable
necessity of the
means employed
to prevent or repel
it

person defending
be not induced by
revenge,
resentment or
other evil motive

Par. 4 State of
Necessity
(Avoidance of
Greater Evil or
Injury)

Elements:

evil sought to be
avoided actually
exists
injury feared be
greater than that
done to avoid it

no other practical
and less harmful
means of
preventing it

NOTE: The
necessity must not
be due to the
negligence or
violation of any law
by the actor.
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Par. 5
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Exercise of

a Right or Office
are needed to see this picture.

Elements:

accused acted in
the performance of
duty or in the

lawful exercise of
a right or office
the injury caused
or offense
committed be the
necessary
consequence of
the due
performance of
the duty, or the
lawful exercise of
such right or
office.

NOTE: The
accused must
prove that he was
duly appointed to
the position
claimed he was
discharging at the
time of the
commission of the
offense. It must
also be shown
that the offense
committed was
the necessary
consequence of
such fulfillment of
duty, or lawful
exercise of a right
or office.

order has a lawful


purpose (not
patently illegal)

means used by
subordinate to
carry out said
order is lawful

NOTE: The
superior officer
giving the order
cannot invoke this
justifying
circumstance.
Good faith is
material, as the
subordinate is not
liable for carrying
out an illegal order
if he is not aware
of its illegality and
he is not negligent.

General Rule:
Subordinate
cannot invoke this
circumstance
when order is
patently illegal.

Exception: When
there is
compulsion of an
irresistible force, or
under impulse of
uncontrollable fear.

Par. 6 Obedience
to a Superior
Order Elements:

an order has been


issued

ART. 12:
CIRCUMSTANCE
S, WHICH
EXEMPT

FROM CRIMINAL
LIABILITY

EXEMPTING
CIRCUMSTANCE
S grounds for
exemption from
punishment
because there is
wanting in the
agent of the crime
any of the
conditions which
make the act
voluntary or
negligent.

Basis: The
exemption from
punishment is
based on the
complete absence
of intelligence,
freedom of action,
or intent, or on the
absence of
negligence on the
part of the
accused.

satisfaction of the
court.

Justifying
Exempting
Who/what
Act
Actor
is

affected?

Nature of
act is considered
act is wrongful but
act

Burden of proof:
Any of the
circumstances is a
matter of defense
and must be
proved by the
defendant to the

legal
actor not liable
Existence
None
Yes, but since

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2007

of a crime

voluntariness is
absent

the actor is not


liable
Liability
No criminal and civil
No criminal liability
but

liability BUT there is


there is civil
liability

civil liability as to
EXCEPT as to
Art.

Par. 1 Imbecility
or Insanity

IMBECILE one
while advanced in
age has a mental
development
comparable to
that of children
between 2 and 7
years old. He is
exempt in all
cases from
criminal liability.

INSANE one
who acts with
complete
deprivation of
intelligence/reaso
n or without the
least discernment
or with total
deprivation of
freedom of will.
Mere abnormality
of the mental
faculties will not
exclude
imputability.

Art.11(4) (state of
12(4) (injury by
mere

necessity)
accident) and (7)

General Rule:
Exempt from
criminal liability
Exception: The
act was done
during a lucid
interval.

NOTE: Defense
must prove that
the accused was
insane at the time
of the commission
of the crime
because the
presumption is
always in favor of
sanity.

Par. 2 Under
Nine Years of
Age

Requisite:
Offender is under
9 years of age at
the time of the
commission of the
crime. There is
absolute criminal
irresponsibility in
the case of a
minor under 9
years of age.

NOTE: Under
R.A. 9344 or the
Juvenile Justice
And Welfare Act a
minor 15 years
and below is
exempt from
criminal liability

Par. 3 Person
Over 9 and
Under 15 Acting

Without
DiscernmentTIFF(Ucompr
essed) decompressor needed to
see this picture.

NOTE: Such
minor must have
acted without
discernment to be
exempt. If with
discernment, he
is criminally
liable.

Presumption:
The minor
committed the
crime without
discernment.

DISCERNMENT
mental capacity
to fully appreciate

the
consequences of
the unlawful act,
which is shown
by the:

manner the crime


was committed
conduct of the
offender after its
commission

NOTE: Under
R.A. 9344 a
minor over 15 but

but below 18 who


acted without
discernment is
exempt from
criminal liability

The compulsion
is by means of
physical force.

Par. 4 Accident
without fault or
intention of
causing it

The physical
force must come
from a third
person.

Elements:

NOTE: Force
must be
irresistible so as
to reduce the
individual to a
mere instrument.

A person is
performing a
lawful act

The physical
force must be
irresistible.

with due care


He causes injury
to another by
mere accident
Without fault or
intention of
causing it.

Par. 5 Irresistible
Force

IRRESISTIBLE
FORCE
offender uses
violence or
physical force to
compel another
person to commit
a crime.

Elements:

Par. 6
Uncontrollable
Fear

UNCONTROLLA
BLE FEAR
offender employs
intimidation or
threat in
compelling
another to commit
a crime.
DURESS use of
violence or
physical force

Elements:

The threat which


causes the fear is
of an evil greater
than, or at least
equal to, that

which he is
required to
commit.
It promises an evil
of such gravity
and imminence
that an ordinary
man would have
succumbed to it.

NOTE: Duress to
be a valid
defense should
be based on real,
imminent or
reasonable fear
for ones life or
limb. It should not
be inspired by
speculative,
fanciful or remote
fear. A threat of
future injury is not
enough.

Page 8 of 174

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INSUPERABLE
CAUSE some
motive, which has
lawfully, morally or
physically
prevented a
person to do what
the law commands

Elements:

2007
An act is required
by law to be done.
A person fails to
perform such act.
ACTUS ME
INVITO FACTUS
NON EST MEUS
ACTUS Any act
done by me
against my will is
not my act.

His failure to
perform such act
was due to some
lawful or
insuperable cause.

Ex:
PAR 7.
Insuperable
Cause

A priest cant be
compelled to
reveal what was
confessed to him.

No available
transportation
officer not liable
for arbitrary
detention

Mother who was


overcome by
severe dizziness
and extreme
debility, leaving
child to die not
liable for
infanticide
(People v.

Bandian, 63 Phil
530)

ABSOLUTORY
CAUSES where
the act committed
is a crime but for
some reason of
public policy and
sentiment, there is
no penalty
imposed.
Exempting and
justifying
circumstances are
absolutory causes.
Examples of such
other
circumstances
are:

Death or physical
injuries inflicted
under exceptional
circumstances
(Art. 247)
persons exempt
from criminal
liability from theft,
swindling,
malicious mischief
(Art 332)

instigation

NOTE:
Entrapment is
NOT an absolutory
cause. A buy-bust
operation
conducted in
connection with
illegal drug-related
offenses is a form
of entrapment.

QuickTime and a TIFF


(Uncompressed) decompressor

Entrapment

Instigation
spontaneous
desistance (Art. 6)
accessories
exempt from
criminal liability
(Art. 20)

lawbreaker
in
the

The ways and


means

Instigator practically
induces the
execution
of
are resorted to for
the

his

would-be accused
into the

purpose of
trapping

commission of the
offense and

and capturing
the

himself becomes a
co-principal

criminal plan.

Chapter Three

CIRCUMSTANCE
S WHICH
MITIGATE
CRIMINAL
NOT
LIABILITY
a
bar to
Accused will be
acquitted
accuseds
prosecution

and conviction

NOT
an
absolutory

Privileged
Mitigating
Ordinary Mitigating

Offset by any
Cannot be offset
Can be offset by a

Absolutory cause
cause

aggravating

generic aggravating

circumstance

circumstance

more mitigating
enumerated in

Effect on
Effect of imposing
the
If not offset, has the

circumstance
without
paragraph 1 to 10 of

penalty
penalty by 1 or 2
effect of imposing the

any aggravating
Article 13

degrees lower
than
minimum period of

circumstance (has
the

that provided by
law
the penalty

effect of lowering
the

Kinds
Minority,
Incomplete
Those

penalty by one

(Sources)
Self-defense, two
or
circumstances

degree). Art. 64,


68

15 < and <


Conditional
responsibility
18
and 69

Without discernment
not criminally

liable

Age
Criminal
Responsibility/
Effect
15years
Absolute
irresponsibility,
exempting

With discernment
criminally liable

* as amended by
RA 9344
Minor
Sentence is
suspended
delinquent

circumstance
18 and 70
* as amended by
RA 9344

Full responsibility

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> 70
Mitigated
responsibility, no
imposition of

death penalty,
execution of death

sentence may be
suspended and

Exempting
Circumstances

commuted

NOTE: This
applies when not
all the requisites
are present.

ART. 13:
MITIGATING
CIRCUMSTANCE
S

MITIGATING
CIRCUMSTANCE
S those which if
present in the
commission of the
crime reduces the
penalty of the
crime but does not
erase criminal
liability nor change
the nature of the
crime

NOTE: A
mitigating
circumstance
arising from a
single fact absorbs
all the other
mitigating
circumstances
arising from that
same fact.

Par. 1 Incomplete
Justifying or

If two requisites
are present, it is
considered a
privileged
mitigating
circumstance.
However, in
reference to
Art.11(4) if any of
the last two
requisites is
absent, there is
only an ordinary
mitigating
circumstance.
Remember
though, that in
self-defense,
defense of relative
or stranger,
unlawful
aggression must
always be present
as it is an
indispensable
requirement.

Par. 2 Under 18
or Over 70 Years
Old

NOTE: Age of
accused is
determined by his
age at the date of
commission of
crime, not date of
trial.

Par. 3 No
Intention to
Commit so Grave
a Wrong
QuickTime a d a

the proven facts

NO TE: Can be used only when

TIFF (Uncompressed) decompressor

show that there is a


notableareneededtoandse
ethis
evidentpicture.
disproportion
between the means
employed to execute
the criminal act and
its consequences.

Factors that can


be considered
are:

weapon used
injury inflicted
part of the body
injured
mindset of
offender at the
time of
commission of
crime

This provision
addresses the
intention of the
offender at the
particular moment
when the offender
executes or
commits the
criminal act, not to
his intention
during the
planning stage

NOTE: In crimes
against persons
if victim does not
die, the absence
of the intent to kill
reduces the felony
to mere physical
injuries. It is not
considered as
mitigating. It is
mitigating only
when the victim
dies.

NOTE: It is not
applicable to
felonies by
negligence
because in
felonies through
negligence, the
offender acts
without intent. The
intent in intentional
felonies is
replaced by
negligence or
imprudence. There
is no intent on the
part of the
offender, which
may be
considered as
diminished

Par. 4
Provocation or
Threat
Cause
Provocation
any unjust or
improper conduct
or act of the
offended party,
capable of
exciting, inciting or
irritating anyone.

that
brought
Offended party
must have
about
the provocation

Provocation
Vindication

done a grave
offense to the
need not be a
grave
offender or his
relatives
offense

Made directly only to


the
Grave offense may
be also
person
committing the

Necessary

against

that

the

May be

offenders

proximate. Time

felony

provocation
or threat
interval allowed

relatives mentioned
by law

immediately
preceded

provocation must
be sufficient

the act. No time


interval

it must originate
from the offended
party
must be
immediate to the
commission of the
crime by the
person who is
provoked

Requisites:

NOTE: Threat
should not be
offensive and
positively strong.
Otherwise, it
would be an
unlawful
aggression, which
may give rise to
self-defense and
thus no longer a
mitigating
circumstance.

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Par. 5 Vindication
of Grave Offense

Requisites:

a grave offense
done to the one
committing the
felony, his spouse,
ascendants,
descendants,
legitimate, natural
or adopted
brothers or sisters
or relatives by
affinity within the
same degrees

the felony is
committed in
immediate
vindication of such
grave offense

Act,
Which
Gave Rise To
Passion And

Obfuscation:
NOTE:
Immediate
allows for a lapse
of time, as long as
the offender is still
suffering from the
mental agony
brought about by
the offense to him.
(proximate time,
not just
immediately after)

Par. 6 Passion or
Obfuscation

That there be an
act, both unlawful
and unjust

The act be
sufficient to
produce a
condition of mind
That the act was
proximate to the
criminal act, not
admitting of time
during which the
perpetrator might
recover his normal
equanimity

Requisites:

offender acted
upon an impulse
the impulse must
be so powerful
that it naturally
produced passion
or obfuscation in
him

The victim must be


the one who
caused the
passion or
obfuscation

QuickTime and a

NOTE: Passion
andTIFFobfuscation(Uncompressed
)decompressorcannot co-exist
with

NOTE: Act must


have been
committed not in
the spirit of
lawlessness or
revenge; act must
come from lawful
sentiments.

are needed to see this picture.

treachery since
this means that
the offender had
time to ponder his
course of action.

PASSION &
OBFUSCATION

force
IRRESISTIBLE

From the offender


himself
Must come from a

FORCE

Mitigating
Exempting
3rd person
Must come from
lawful sentiments

Unlawful

No physical force
needed

Requires physical
PASSION &
OBFUSCATION

PROVOCATION
Produced by an
impulse which

the crime is
committed

Comes from
injured
may be caused by
provocation

party

Effect is loss of
reason and self-

Same
Offense which
engenders

control on the part of


the offender

Immediately
precede
perturbation of mind
need not be

Par. 7 Surrender
and Confession
of Guilt

the commission of
the
immediate. It is only
required that

crime
the influence thereof
lasts until

VOLUNTARY

VOLUNTARY

court, that is,


SURRENDER
voluntary
PLEA OF GUILT
Requisites:

before the

1. offender not

1. offender

actually arrested

competent court

spontaneously

2. offender

confessed his

that is to try the

surrendered to

guilt
case
person in

2. confession was

authority

made in open

3. surrender was

3. confession of guilt

was made prior to


WHEN
SURRENDER
VOLUNTARY

the presentation

- must be
spontaneous,
showing the intent
of the accused to
submit himself
unconditionally to
the authorities,
either because:
he acknowledges
his guilt; or

of the evidence

he wishes to save
them the trouble
and expense
necessarily
incurred in his
search and
capture.

for the
NOTE: If both are
present,
considered as two
independent
mitigating
circumstances.
Further mitigates
penalty.
prosecution

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NOTES:

plea made after


arraignment and
after trial has

begun does not


entitle accused to
the mitigating
circumstance

communication
with others.

If accused
pleaded not guilty,
even if during
arraignment, he is
entitled to
mitigating
circumstance as
long as he
withdraws his plea
of not guilty to the
charge before the
fiscal could
present his
evidence.

NOTE: The
physical defect
must relate to the
offense
committed.

Plea to a lesser
charge is not a
Mitigating
Circumstance
because to be
such, the plea of
guilt must be to
the offense
charged.
Plea to the
offense charged in
the amended info,
lesser than that
charged in the
original info, is
Mitigating
Circumstance.

Par. 9 Illness of
the Offender

Requisites:

The illness of the


offender must
diminish the
exercise of his
will-power.
Such illness
should not
deprive the
offender of
consciousness of
his acts.

Par. 10 Similar
and Analogous
Circumstances

Par. 8 Physical
Defect of
Offender
Examples
The offender is
deaf and dumb,
blind or otherwise
suffering from
some physical
defect, restricting
his means of
action, defense or

Not examples

outraged feeling of
owner of

not resisting arrest is

defendant who is
60 years old

animal taken for


ransom is

killing the wrong


not the same as

with failing eyesight


is similar to a

person

case of one over


70 yrs old

analogous to
vindication of grave

voluntary surrender

offense

similar to voluntary
surrender

impulse of jealous
feeling, similar

running amuck is not

to passion and
obfuscation

mitigating

extreme poverty,
similar to
incomplete
justification based
on state of
necessity
voluntary restitution
of property,

CHAPTER FOUR

CIRCUMSTANC
ES WHICH
AGGRAVATE
CRIMINAL
LIABILITY

KINDS OF
AGGRAVATING
CIRCUMSTANCE
S:

Generic - those
which apply to all
crimes
AGGRAVATING
CIRCUMSTANCE
S Those which,
if attendant in the
commission of the
crime, serve to
have the penalty
imposed in its
maximum period
provided by law
for the offense or
those that change
the nature of the
crime.

BASIS: The
greater perversity
of the offender
manifested in the
commission of the
felony as shown
by:
the motivating
power itself,
the place of the
commission,
the means and
ways employed
the time, or
the personal
circumstances of
the offender, or
the offended
party.

Specific - those
which apply only
to specific crimes,

Qualifying those that change


the nature of the
crime

Inherent - which
of necessity
accompany the
commission of the
crime, therefore
not considered in
increasing the
penalty to be
imposed

Special - those
which arise under
special conditions
to increase the
penalty of the
offense and
cannot be offset
by mitigating
circumstances

GENERIC

QUALIFYING
AGGRAVATING
AGGRAVATING
CIRCUMSTANCE
CIRCUMSTANCE
EFFECT : When
not set
EFFECT: Gives
the
off by any
mitigating
crime its proper
and

exclusive name
and
Increases the
penalty
places the author
of
which should be
the crime in such
a
imposed upon the
situation as to
accused to the
deserve no other

circumstance,

Page 12 of 174

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limit prescribed by
law
by law for said

crimes (People v.

ATENEO
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Bayot, 64Phil269,

2007
273)
maximum period
but

If not alleged in
the

penalty than that

To be
considered

without exceeding
the

information, a

specially
prescribed

as such, MUST
be

qualifying
aggravating
alleged in the

account for the


purpose of
increasing the
penalty.

circumstance
will be
information
considered
generic

May be offset by
a
Cannot be offset
by a
mitigating
circumstance.
mitigating

Ex: That the


crime be
committed by
means of fire,
explosion (Art.
14, par. 12) is in
itself a crime of
arson (Art. 321)
or a crime
involving
destruction (Art.
324). It is not to
be considered to
increase the
penalty for the
crime of arson or
for the crime
involving
destruction.

circumstance

RULES ON
AGGRAVATING
CIRCUMSTANCE
S:

Aggravating
circumstances
shall NOT be
appreciated if:
They constitute a
crime specially
punishable by
law, or

It is included by
the law in defining
a crime with a
penalty
prescribed, and
therefore shall not
be taken into

The same rule


shall apply with
respect to any
aggravating
circumstance
inherent in the
crime to such a
degree that it
must of necessity
accompany the
commission
thereof(Art.62,
par.2)

Aggravating
circumstances
which arise:

From the moral


attributes of the
offender;

From his private


relations with the
offended party; or

which case the


act of one is
deemed to be the

From any
personal cause,

shall only serve to


aggravate the
liability of the
principals,
accomplices and
accessories as to
whom such
circumstances are
attendant. (Art.

act of all,
regardless of lack
of knowledge of
the facts
constituting the
circumstance.
(Art. 62, par. 4)

QuickTime and a 62, par. 3) TIFF


(Uncompressed) decompressor

are needed to see this picture.

The
circumstances
which consist :

In the material
execution of the
act, or
In the means
employed to
accomplish it,

shall serve to
aggravate the
liability of only
those persons
who had
knowledge of
them at the time
of the execution
of the act or their
cooperation
therein. Except
when there is
proof of
conspiracy in

Aggravating
circumstances,
regardless of its
kind, should be
specifically
alleged in the
information AND
proved as fully as
the crime itself in
order to increase
the penalty. (Sec.
9, Rule 110, 2000
Rules of Criminal
Procedure)

When there is
more than one
qualifying
aggravating
circumstance
present, one of
them will be
appreciated as
qualifying
aggravating while
the others will be
considered as
generic
aggravating.

ART. 14:
AGGRAVATING
CIRCUMSTANCE
S

Par. 1. That
advantage be
taken by the
offender of his
public position

Requisites:

Offender is public
officer
Public officer
must use the
influence,
prestige, or
ascendancy
which his office
gives him as
means to realize
criminal purpose

It is not
considered as an
aggravating
circumstance
where taking
advantage of
official position is
made by law an
integral element
of the crime or
inherent in the
offense,

Ex: malversation
(Art. 217),
falsification of a
document
committed by
public officers
(Art. 171).

When the public


officer did not
take advantage of
the influence of
his position, this
aggravating
circumstance is
not present
NOTE : Taking
advantage of a
public position is
also inherent in
the case of
accessories
under Art. 19, par.
3 (harboring,
concealing, or
assisting in the
escape of the
principal of the
crime), and in
crimes committed
by public officers
(Arts. 204-245).

Par. 2. That the


crime be
committed in
contempt of or
with insult to
public
authorities

Requisites:

That the public


authority is
engaged in the

exercise of his
functions.

That he who is
thus engaged in

the exercise of
said functions is
not the person
against whom the
crime is
committed.

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captain/ chairman
Councilors
Government
agents

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The offender
knows him to be a
public authority.
His presence has
not prevented the
offender from
committing the
criminal act.

PERSON IN
AUTHORITY
public authority, or
person who is
directly vested
with jurisdiction
and has the
power to govern
and execute the
laws
Ex:

Governor

Chief of Police

NOTE: A teacher
or professor of a
public or
recognized
private school is
not a public
authority within
the contemplation
of this paragraph.
While he is a
person in
authority under
Art. 152, that
status is only for
purposes of Art.
148 (direct
assault) and Art.
152 (resistance
and
disobedience).

The crime should


not be committed
against the public
authority
(otherwise it will
constitute direct
assault under
Art.148)

This is NOT
applicable when
committed in the
presence of a
mere agent.

1. These
circumstances
shall only be
QuickTime and a

consideredTIFFas(Uncompressed)
oneaggravatingdecompressor
circumstance.
are needed to see this picture.

AGENT
subordinate
public officer
charged w/ the
maintenance of
public order and
protection and
security of life and
property
Ex: barrio vice
lieutenant, barrio
councilman

Par. 3. That the


act be
committed:

with insult or in
disregard of the
respect due the
offended party
on account of
his (a)rank, (b)
age, or (c) sex or

that it be
committed in the
dwelling of the
offended party, if
the latter has not
given
provocation

Rules regarding
par 3(1):

2.
Rank,
age, sex may be
taken into
account only in
crimes against
persons or honor,
they cannot be
invoked in crimes
against property.
3.
It must be
shown that in the
commission of the
crime the offender
deliberately
intended to offend
or insult the sex,
age and rank of
the offended
party.

RANK The
designation or
title of distinction
used to fix the
relative position of
the offended party
in

reference to
others (There
must be a
difference in the
social condition of
the offender and

the offended
party).

AGE may refer


to old age or the
tender age of the
victim.

SEX refers to
the female sex,
not to the male
sex.

The AC of
disregard of
rank, age, or sex
is not applicable
in the following
cases:

When the
offender acted
with passion and
obfuscation.
When there exists
a relationship
between the
offended party
and the offender.

When the
condition of being
a woman is
indispensable in
the commission of
the crime.

People vs.
Lapaz, March 31,
1989

Disregard of sex
and age are not
absorbed in
treachery
because
treachery refers
to the manner of
the commission
of the crime,
while disregard of
sex and age
pertains to the
relationship of the
victim.

DWELLING
must be a
building or
structure
exclusively used
for rest and
comfort
(combination of
house and store
not included),
may be temporary
as in the case of
guests in a house
or bedspacers. It
includes
dependencies,
the foot of the
staircase and the
enclosure under
the house

NOTES:
(Ex: in parricide,
abduction,
seduction and
rape)

The aggravating
circumstance of
dwelling requires
that the crime be
wholly or partly

committed therein
or in any integral
part thereof.
Dwelling does not
mean the
permanent
residence or
domicile of the
offended party or
that he must be
the owner thereof.
He must,
however, be
actually living or
dwelling therein
even for a
temporary
duration or
purpose.
It is not necessary
that the accused
should have
actually entered
the dwelling of the
victim to commit
the offense; it is

enough that the


victim was
attacked inside
his own house,
although the
assailant may
have devised
means to
perpetrate the
assault from
without.

What aggravates
the commission
of the crime in
ones dwelling:

The abuse of
confidence which
the offended party
reposed in the
offender by
opening the door
to him; or

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The violation of
the sanctity of the
home by
trespassing
therein with
violence or

against the will of


the owner.

Meaning of
provocation in
the aggravating
circumstance of
dwelling:

The provocation
must be:
Given by the
owner of the
dwelling,
Sufficient, and

Immediate to the
commission of the
crime.

NOTE: If all these


conditions are
present, the
offended party is
deemed to have
given the
provocation, and
the fact that the
crime is
committed in the
dwelling of the
offended party is
NOT an
aggravating
circumstance.

REASON: When
it is the offended
party who has
provoked the
incident, he loses
his right to the
respect and
consideration due
him in his own
house.

Dwelling is not
aggravating in
the following
cases:

When both the


offender and the
offended party are
occupants of the
same house, and
this is true even if
offender is a
servant in the
house.

exception: In
case of adultery
in the conjugal
dwelling, the
same is
aggravating.
However, if the
paramour also
dwells in the
conjugal dwelling,
the applicable
aggravating
circumstance is
abuse of
confidence.

When robbery is
committed by the
use of force upon
things, dwelling is
not aggravating
because it is
inherent.

However, dwelling
is aggravating in
robbery with
violence against
or intimidation of
persons because
this class of
robbery can be
committed without
the necessity of
trespassing the
sanctity of the

offended partys
house.

QuickTime and a
TIFF (Uncompressed) decompressor

3.
In the
crimeare
neededoftrespasstoeethi
spictureto. dwelling, it
is inherent or

included by law in
defining the
crime.

4.
When the
owner of the
dwelling gave
sufficient and
immediate
provocation.

There
must exist a close
relation between
the provocation
made by the
victim and the
commission of the
crime by the
accused.

circumstances
present under
par.4 which must
be independently
appreciated if
present in the
same case
While one may be
related to the
other in the
factual situation in
the case, they
cannot be lumped
together. Abuse of
confidence
requires a special
confidential
relationship
between the
offender and the
victim, while this
is not required for
there to be
obvious
ungratefulness

Requisites Of
Abuse Of
Confidence:

5. The victim is
not a dweller of
the house.

Par. 4. That the


act be
committed with:

abuse of
confidence or
obvious
ungratefulness

There are two


aggravating

That the offended


party had trusted
the offender.

That the offender


abused such trust
by committing a
crime against the
offended party.
That the abuse of
confidence
facilitated the
commission of the
crime.

NOTE: Abuse of
confidence is
inherent in
malversation (Art.
217), qualified
theft (Art. 310),
estafa by
conversion or
misappropriation
(Art. 315), and
qualified
seduction (Art.
337).

Requisites of
obvious
ungratefulness:

That the offended


party had trusted
the offender;
That the offender
abused such trust
by committing a
crime against the
offended party.

That the act be


committed with
obvious
ungratefulness.

NOTE: The
ungratefulness
contemplated by
par. 4 must be
such clear and
manifest

ingratitude on the
part of the
accused.

Par. 5. That the


crime be
committed in the
palace of the
Chief Executive,
or in his
presence, or
where public
authorities are
engaged in the
discharge of
their duties, or
in a place
dedicated to
religious
worship.

Actual
performance of
duties is not
necessary when
crime is
committed in the
palace or in the
presence of the
Chief Executive

Requisites
Regarding
Public
Authorities:

1. crime occurred
in the public office

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public authorities
are actually
performing their
public duties

The offended
party

May or may not


be the Public
authority should
public authority
not be the
offended

party
PAR. 5. Where
public
PAR. 2. Contempt
or
authorities are
engaged

Requisites
(Place
Dedicated To
Religious

insult to public
in the discharge
of their
authorities
duties

FOR BOTH,
Public authorities
are in the
performance of
their duties

Place where
public duty is
performed

In their office.
Outside of their
office.

Worship):

The crime
occurred in a
place dedicated
to the worship of
God regardless
of religion

The offender
must have
decided to
commit the crime
when he entered
the place of
worship

Except for the


third which
requires that
official functions
are being
performed at the

time of the
commission of the
crime, the other
places mentioned
are aggravating
per se even if no
official duties or
acts of religious
worship are being
conducted there.

Cemeteries,
however
respectable they
may be, are not
considered as
place dedicated to
the worship of
God.

Par. 6. That the


crime be
committed

in the nighttime,
or
in an uninhabited
place, or
by a band,

considered
separately.

QuickTime and a TIFF


(Uncompressed) decompressor
are needed to see this picture.

When nighttime,
uninhabited
place or band
aggravating:

When it
facilitated the
commission of
the crime; or

When especially
sought for by the
offender to insure
the commission
of the crime or for
the purpose of
impunity; or
When the
offender took
advantage
thereof for the
purpose of
impunity

whenever such
circumstance
may facilitate the
commission of
the offense

NOTE: When
present in the
same case and
their element are
distinctly palpable
and can subsist
independently,
they shall be

NIGHTTIME
(obscuridad)
that period of
darkness
beginning at the
end of dusk and
ending at dawn.

Commission of the
crime must begin
and be
accomplished in
the nighttime.
When the place of
the crime is
illuminated by
light, nighttime is
not aggravating. It
is not considered
aggravating when
the crime began at
daytime.

Nighttime is not
especially sought
for when the
notion to commit
the crime was
conceived of
shortly before
commission or
when crime was
committed at night
upon a casual
encounter
However,
nighttime need not
be specifically
sought for when
(1) it facilitated the
commission of the
offense, or (2) the
offender took
advantage of the
same to commit
the crime

A bare statement
that crime was
committed at night
is insufficient. The
information must
allege that
nighttime was
sought for or taken
advantage of, or
that it facilitated
the crime

GENERAL
RULE: Nighttime
is absorbed in
treachery.

EXCEPTION :
Where both the
treacherous
mode of attack
and nocturnity
were deliberately
decided upon in
the same case,
they can be
considered
separately if such
circumstances
have different
factual bases.
Thus:

In People vs.
Berdida, et. al.
(June 30, 1966),
nighttime was
considered since
it was purposely
sought, and
treachery was
further
appreciated
because the
victims hands
and arms were
tied together
before he was
beaten up by the
accused.

In People vs.
Ong, et. al. (Jan.
30, 1975), there
was treachery as
the victim was
stabbed while
lying face up and
defenseless, and

nighttime was
considered upon
proof that it
facilitated the
commission of the
offense and was
taken advantage
of by the accused.

scattered at a
great distance
from each other

UNINHABITED
PLACE
(despoblado)
one where there
are no houses at
all, a place at a
considerable
distance from
town, where the
houses are

What should be
considered here
is whether in the
place of the
commission of
the offense, there
was a reasonable
possibility of the
victim receiving
some help.

Solitude must be
sought to better
attain the criminal
purpose

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BAND (en
cuadrilla)
whenever there
are more than 3
armed
malefactors that
shall have acted
together in the
commission of an
offense

NOTE: There must


be four or more
armed men

If one of the fourarmed malefactors


is a principal by
inducement, they
do not form a band
because it is
undoubtedly
connoted that he
had no direct
participation.
By a band is
aggravating in
crimes against
property or against
persons or in the
crime of illegal
detention or
treason but does
not apply to crimes
against chastity

By a band is
inherent in
brigandage
This aggravating
circumstance is
absorbed in the
circumstance of
abuse of superior
strength

not be taken into


consideration.

Par. 8.That the


crime be
committed with
the aid of

armed men or
Par. 7. That the
crime be
committed on
the occasion of
a conflagration,
shipwreck,
earthquake,
epidemic or
other calamity or
misfortune.

Requisites:

The crime was


committed when
there was a
calamity or
misfortune

The offender took


advantage of the
state of confusion
or chaotic
condition from
such misfortune

persons who
insure or afford
impunity

Requisites:

That armed men or


persons took part
in the commission
of the crime,
directly or
indirectly.

That the accused


availed himself of
their aid
or relied upon them
when the crime
was
committed. QuickTime and a TIFF
(Uncompressed) decompressor

are needed to see this picture.

If the offended
was PROVOKED
by the offended
party during the
calamity/misfortun
e, this
aggravating
circumstance may

NOTE: This
aggravating
circumstance
requires that the
armed men are
accomplices who
take part in a minor
capacity directly or

indirectly, and not


when they were
merely present at
the crime scene.
Neither should
they constitute a
band, for then the
proper
aggravating
circumstance
would be
cuadrilla.

himself of any of
their aid or when
he did not
knowingly count
upon their
assistance in the
commission of the
crime

Par. 6 By a band
When This
Aggravating
Circumstance
Shall Not

Par. 8. With the


aid of

Be Considered:

When both the


attacking party
and the party
attacked were
equally armed.
When the
accused as well
as those who
cooperated with
him in the
commission of the
crime acted under
the same plan
and for the same
purpose.
When the others
were only
casually present
and the offender
did not avail

armed men

As to their
number
As to their action

Requires more
than three

Requires that
more than

At least two
This circumstance
is

armed
malefactors (i.e.,
three armed
malefactors

present even if one


of the

at least four)
shall have acted
together

offenders merely
relied on

in the commission
of an

their aid, for actual


aid is

Par. 9. That the


accused is a
recidivist
offense.

not necessary.

RECIDIVIST one
who at the time of
his trial for one
crime, shall have
been previously
convicted by final
judgment of
another crime
embraced in the
same title of the
RPC.

Requisites:

That the offender is


on trial for an
offense;
That he was
previously
convicted by final
judgment of
another crime;
If there are four
armed men, aid of
armed men is
absorbed in
employment of a
band. If there are
three armed men
or less, aid of
armed men may
be the
aggravating
circumstance.

Aid of armed
men includes
armed women.

That both the first


and the second
offenses are
embraced in the
same title of the
Code;

That the offender is


convicted of the
new offense.

MEANING OF at
the time of his
trial for one
crime.

It is employed in
its general sense,
including the
rendering of the
judgment. It is

meant to include
everything that is
done in the course
of the trial, from

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arraignment until
after sentence is
announced by the
judge in open
court.

What is
controlling is the
TIME OF THE
TRIAL, not the
time of the
commission of the
offense.

GENERAL
RULE: To prove
recidivism, it is
necessary to
allege the same
in the information
and to attach
thereto certified
copy of the
sentences

rendered against
the accused.

Exception: If the
accused does not
object and when
he admits in his
confession and
on the witness
stand.
Recidivism must
be taken into
account no matter
how many years
have intervened
between the first
and second
felonies.

Amnesty
extinguishes the
penalty and its
effects. However,
pardon does not
obliterate the fact
that the accused
was a recidivist.
Thus, even if the
accused was
granted a pardon
for the first
offense but he
commits another
felony embraced
in the same title
of the Code, the
first conviction is
still counted to
make him a
recidivist

Being an ordinary
aggravating
circumstance,
recidivism affects
only the periods
of a penalty,
except in
prostitution and
vagrancy (Art.
202) and
gambling (PD
1602) wherein
recidivism
increases the
penalties by
degrees. No other
generic
aggravating
circumstance
produces this
effect

In recidivism it is
sufficient that the
succeeding
offense be
committed after
the commission of
the preceding
offense provided
that at the time of
his trial for the
second offense,
the accused had
already been
convicted of the
first offense.

If both offenses
were committed
on the same date,
they shall be
considered as
only one, hence,
they cannot be
separately
counted in order
to constitute
recidivism. Also,

judgments of
convicted handed
down on the
same day shall be
considered as
only one
conviction.
REASON:
Because the
Code requires
that to be
QuickTime and a

considered as
TIFFseparate(Uncompressed)conv
ictions,decompressor at the
time of
are needed to see this picture.

his trial for one


crime the
accused shall
have been
previously
convicted by final
judgment of the
other.

Par. 10. That the


offender has
been previously
punished for an
offense to which
the law attaches
an equal or
greater penalty
or for two or
more crimes to
which it attaches
a lighter penalty.

Requisites Of
Reiteracion Or
Habituality:

been rendered in
the

That the accused


is on trial for an
offense;

first offense.

That he
previously served
sentence for
another offense to
which the law
attaches an

sentence for the


first

offense

As to the kind of
offenses
involved
The previous and

Equal or
Greater penalty,
or
For two or more
crimes to which it
attaches a lighter
penalty than that
for the new
offense; and
That he is
convicted of the
new offense

Requires that the


subsequent
offenses
offenses be
included
must not be em
in the same title
of the
braced in the
same
Code.
title of the Code.

HABITUALITY
RECIDIVISM
As to the first
offense
It is necessary
that the

THE FOUR
FORMS OF
REPETITION
ARE:

It is enough that a
offender shall
have
final judgment
has
served out his

Recidivism (par.
9, Art. 14)
Where a person,
on separate
occasions, is
convicted of two
offenses
embraced in the

same title in the


RPC. This is a
generic
aggravating
circumstance.

Reiteracion or
Habituality (par.
10, Art. 14)

Where the
offender has been
previously
punished for an
offense to which
the law attaches
an equal or
greater penalty or
for two crimes to
which it attaches
a lighter penalty.
This is a generic
aggravating
circumstance.

Multi-recidivism
or Habitual
delinquency
(Art. 62, par, 5)
Where a person
within a period of
ten years from the
date of his
release or last
conviction of the

crimes of serious
or less serious
physical injuries,
robbery, theft,
estafa or
falsification, is
found guilty of the
said crimes a
third time or
oftener. This is an
extraordinary
aggravating
circumstance.

Quasi-recidivism
(Art. 160)
Where a person
commits felony
before beginning
to serve or while
serving sentence
on a previous
conviction for a
felony. This is a
special
aggravating
circumstance.

Since reiteracion
provides that the
accused has duly
served the
sentence for his
previous
conviction/s, or is
legally considered
to have

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done so, quasirecidivism cannot

at the same time


constitute
reiteracion, hence
this aggravating
circumstance
cannot apply to a
quasi-recidivist.

If the same set of


facts constitutes
recidivism and
reiteracion, the
liability of the
accused should
be aggravated by
recidivism which
can easily be
proven.

Par. 11. That the


crime be
committed in
consideration of
price, reward or
promise.

Requisites:

There are at least


2 principals:

The principal by
inducement (one
who offers)

The principal by
direct
participation
(accepts)
The price, reward,
or promise should
be previous to
and in
consideration of

the commission of
the criminal act

NOTE: The
circumstance is
applicable to both
principals .It
affects the person
who received the
price / reward as
well as the person
who gave it.

If without
previous promise
it was given
voluntarily after
the crime had
been committed
as an expression
of his
appreciation for
the sympathy and
aid shown by the
other accused, it
should not be
taken into
consideration for
the purpose of
increasing the
penalty.

The price, reward


or promise need
not consist of or
refer to material
things or that the
same were
actually delivered,
it being sufficient
that the offer
made by the
principal by
inducement be
accepted by the
principal by direct
participation
before the
commission of the
offense.

The inducement
must be the
primary
consideration for
the commission of
the crime.

Par. 12. That the


crime be
committed by
means of

under this
paragraph will
only be
considered as
aggravating if and
when they are
used by the
offender as a
means to
accomplish a
criminal purpose

When another
aggravating
circumstance
already qualifies
the crime, any of
these aggravating
circumstances
shall be
considered as
generic
aggravating
circumstance only

QuickTime and a

inundation, fire,TIFF
poison,
(Uncompressed)
explosion,decompre
sr
stranding
are needed to see this picture.

of a vessel or
intentional
damage thereto,
derailment of a
locomotive, or
by use of any
artifice involving
great waste and
ruin

When used as a
means to kill
another person,
the crime is
qualified to
murder.

PAR. 12 by
means
PAR. 7 on the
of inundation,
fire,

The
circumstances

occasion of a

etc.
conflagration,

shipwreck, etc.

An act manifestly
indicating that the
culprit has clung
to his
determination;
and

The crime is
The crime is
committed
committed by
means
on the occasion
of a
of any such acts
calamity or
misfortune.

A sufficient lapse
of time between
the determination
and execution, to
allow him to
reflect upon the
consequences of
his act and to
allow his
conscience to
overcome the
resolution of his
will.

involving great
waste

or ruin.

Par. 13. That the


act be
committed with
evident
premeditation

Requisites:

The prosecution
must prove
The time when
the offender
determined to
commit the crime;

Essence of
premeditation:
The execution of
the criminal act
must be preceded
by cool thought
and reflection
upon the
resolution to carry
out the criminal
intent during the
space of time
sufficient to arrive
at a calm
judgment.

To establish
evident
premeditation, it
must be shown
that there was a
period sufficient to
afford full
opportunity for
meditation and
reflection, a time
adequate to allow
the conscience to

overcome the
resolution of the
will, as well as
outward acts
showing the intent
to kill. It must be
shown that the
offender had
sufficient time to
reflect upon the
consequences of
his act but still
persisted in his
determination to
commit the crime.
(PEOPLE vs.
SILVA, et. al., GR
No.

140871, August
8, 2002)

Premeditation is
absorbed by
reward or
promise.

When the victim


is different from
that intended,
premeditation is
not aggravating.
However, if the

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Par. 14. That (1)


craft, (2) fraud,
or (3) disguise
be employed.

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2007

The offender must


have actually
used craft, fraud,
or disguise to
facilitate the
commission of the
crime.

offender
premeditated on
the killing of any
person, it is
proper to consider
against the
offender the
aggravating
circumstance of
premeditation,
because whoever
is killed by him is
contemplated in
his premeditation.

CRAFT (astucia)
involved the use
of intellectual
trickery or
cunning on the
part of the
accused.

A chicanery
resorted to by the
accused to aid in
the execution of
his criminal
design. It is
employed as a
scheme in the
execution of the
crime.

FRAUD (fraude)
insidious words
or machinations
used to induce
the victim to act in
a manner which
would enable the
offender to carry
out his design.

words or
machinations,
order not to
arouse

fraud is present.
the suspicion of
the

victim constitutes

craft.

FRAUD
CRAFT

Where there is a
direct

Craft and fraud


may be absorbed
in treachery if
they have been
deliberately
adopted as the
means, methods
or forms for the
treacherous
strategy, or they
may co-exist
independently
where they are
adopted for a
different purpose
in the commission
of the crime.

The act of the


Ex:
inducement by
insidious
accused done in

In People vs.
San Pedro (Jan.
22, 1980), where
the accused

pretended to hire
the driver in order
to get his vehicle,
it was held that
there was craft
directed to the
theft of the

had already
planned to kill the
driver.

vehicle,
QuickTime and a

the
means

DISGUISE
(disfraz)
resorting to any
device to conceal
identity.

separate

from

TIFF (Uncompressed) decompressor

subsequentlyare
usedneedto seeto
thistreacherouslypictur
e. kill the
defenseless driver.

In People vs.
Masilang (July
11, 1986) there
was also craft
where after
hitching a ride,
the accused
requested the
driver to take
them to a place to
visit somebody,
when in fact they

The test of
disguise is
whether the
device or
contrivance
resorted to by the
offender was
intended to or did
make
identification
more difficult,
such as the use
of a mask or false
hair or beard.

The use of an
assumed name in
the publication of
a libel constitutes
disguise.

Par. 15. That (1)


advantage be
taken of
superior
strength, or (2)
means be
employed to
weaken the
defense.

Par. 15
contemplates two
aggravating
circumstances,
either of which
qualifies a killing to
murder.

MEANING OF
advantage be
taken:

To deliberately
use excessive
force that is out of
proportion to the
means for selfdefense available
to the person
attacked.
(PEOPLE vs.
LOBRIGAS, et.
al., GR No.
147649,
December 17,
2002)

No Advantage
Of Superior
Strength In The

Following:

One who attacks


another with
passion and
obfuscation does
not take
advantage of his
superior strength.
When a quarrel
arose
unexpectedly and

the fatal blow was


struck at a time
when the
aggressor and his
victim were
engaged against
each other as
man to man.

TEST for abuse


of superior
strength: the
relative strength
of the offender
and his victim and
whether or not he
took advantage of
his greater
strength.

When there are


several offenders
participating in
the crime, they
must ALL be
principals by
direct
participation and
their attack
against the victim
must be
concerted and
intended to be so.

Abuse of superior
strength is
inherent in the
crime of parricide
where the
husband kills the
wife. It is
generally
accepted that the
husband is
physically
stronger than the
wife.

Abuse of superior
strength is also
present when the
offender uses a
weapon which is

out of proportion
to the defense
available to the
offended party.

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when the offense


is
is the taking
committed by
more
advantage by the

ATENEO
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OPERATIONS

2007

BY A BAND
ABUSE OF

than three armed


culprits of their
malefactors
collective strength
to
regardless of the
overpower their

SUPERIOR

comparative
relatively weaker

STRENGTH

strength of the
victim or victims.
victim or victims.

The element of
The gravamen of
band is
appreciated
abuse of
superiority

Hence, what is
taken

into account here


is
Ex:

not the number of

aggressors nor
the

fact that they are

Where one,
struggling with
another, suddenly
throws a cloak
over the head of
his opponent and
while in this
situation he
wounds or kills
him.

armed, but their

relative physical

strength vis-a vis


the

offended party.

NOTE: Abuse of
superior strength
absorbs cuadrilla
(band).

MEANING OF
Means
employed to
weaken defense
- the offender
employs means
that materially
weaken the
resisting power of
the offended
party.

One who, while


fighting with
another, suddenly
casts sand or dirt
upon the latter
eyes and then
wounds or kills
him.
When the
offender, who had
the intention to
kill the victim,
made the
deceased
intoxicated,
thereby materially
weakening the
latters resisting
power.
NOTE: This
circumstanceQuickTimeisa
nd
applicable only to
TIFF (Uncompressed)
decompressor

crimes against
persons,areneededto
see
andthispicturesometi
mes. against
person and
property, such as
robbery with
physical injuries or
homicide.

attack employed
by him.
Par. 16. That the
act be
committed with
treachery
(alevosia)

TREACHERY
when the offender
commits any of
the crimes against
the person,
employing means,
methods or forms
in the execution
thereof which tend

TEST: It is not
only the relative
position of the
parties but, more
specifically,
whether or not
the victim was
forewarned or
afforded the
opportunity to
make a defense
or to ward off the
attack.

Rules Regarding
Treachery:

directly and
specially to insure
its execution
without risk to
himself arising
from the defense
which the
offended party
might make.

Requisites:

That at the time of


the attack, the
victim was not in
a position to
defend himself;
and
That the offender
consciously
adopted the
particular means,
method or form of

Applicable only to
crimes against
persons.
Means, methods
or forms need not
insure
accomplishment
of crime.

The mode of
attack must be
consciously
adopted.

Treachery is
taken into
account even if
the crime against
the person is
complexed with
another felony
involving a
different
classification in
the Code.

Accordingly, in the
special complex
crime of robbery
with homicide,
treachery but can
be appreciated
insofar as the
killing is
concerned.

The suddenness
of attack in itself
does not
constitute
treachery, even if
the purpose was
to kill, so long as
the decision was
made all of a
sudden and the
victims helpless
position was
accidental.

Treachery applies
in the killing of a
child even if the
manner of attack
is not shown.

Treachery must
be proved by
clear and
convincing
evidence

Treachery is
considered
against all the
offenders when
there is
conspiracy.

WHEN MUST
TREACHERY BE
PRESENT:

When the
aggression is
continuous,
treachery must be
present in the
beginning of the
assault.
(PEOPLE vs.
MANALAD, GR

No. 128593,
August 14,
2002)

Thus, even if the


deceased was
shot while he was
lying wounded on
the ground, it
appearing that
the firing of the
shot was a mere
continuation of
the assault in
which the
deceased was

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wounded, with no
appreciable time
intervening
between the
delivery of the
blows and the
firing of the shot, it
cannot be said
that the crime was
attended by
treachery.

When the assault


was not
continuous, in
that there was
interruption, it is
sufficient that
treachery was
present at the
moment the fatal
blow was given.

Hence, even
though in the
inception of the
aggression which
ended in the death
of the deceased,
treachery was not
present, if there
was a break in the
continuity of the
aggression and at
the time of the
fatal wound was
inflicted on the
deceased he was
defenseless, the
circumstance of
treachery must be
taken into
account.

Treachery Should
Be Considered
Even If:

The victim was not


predetermined but
there was a
generic intent to
treacherously kill
any first two
persons belonging
to a class. (The
same rule obtains
for evident
premeditation).

There was
aberratio ictus and
the bullet hit a
person different
from that intended.
(The rule is
different in evident
premeditation).

There was error in


personae, hence
the victim was not
the one intended
by the accused. (A
different rule is
applied in evident
premeditation).

REASON FOR
THE RULE: When
there is treachery,
it is impossible for
either the intended
victim or the actual
victim to defend
himself against the
aggression.

TREACHERY
ABSORBS:

1. Craft
2. Abuse of
superior strength
3. Employing
means to weaken
the defense
4. Cuadrilla (band)QuickTime and a
TIFF (Uncompressed)
decompressor
are needed to see this picture.

5. Aid of armed
men
6. Nighttime

SUPERIOR

EMPLOYED TO

TREACHERY

ABUSE OF
STRENGTH

MEANS
WEAKEN

offender to make it

methods or

weakens the
DEFENSE

impossible or hard

Means, methods

forms of attack,

Offender does

resisting power of

Means are
for the offended

or forms are

he only takes

not employ

the offended

employed but it
party to put any

employed by the

advantage of his

means,

party

only materially
sort of resistance

superior

natural effects of
the act

IGNOMINY is a
circumstance
pertaining to the
moral order, which
adds disgrace and
obloquy to the
material injury
caused by the
crime.

strength

Par. 17. That


means be
employed or
circumstances
brought about
which add
ignominy to the

MEANING OF
which add
ignominy to the
natural effects
thereof

The means
employed or the
circumstances
brought about
must tend to make
the effects of the
crime more
humiliating to
victim or to put the
offended party to
shame, or add to
his moral suffering.
Thus it is incorrect
to appreciate
ignominy where
the victim was
already dead when
his body was
dismembered, for
such act may not
be considered to
have added to the
victims moral
suffering or
humiliation.
(People vs.
Carmina, G.R. No.
81404, January
28, 1991)

Applicable to
crimes against
chastity, less
serious physical
injuries, light or
grave coercion,
and murder.

Par. 18. That the


crime be
committed after
an unlawful
entry.

UNLAWFUL
ENTRY - when an
entrance is
effected by a way
not intended for
the purpose.

NOTE: Unlawful
entry must be a
means to effect
entrance and not
for escape.

REASON FOR
AGGRAVATION:

One who acts, not


respecting the
walls erected by
men to guard their
property and
provide for their
personal safety,
shows a greater
perversity, a
greater audacity;
hence, the law
punishes him with
more severity.

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or window be
broken.

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Applicable only if
such acts were
done by the
offender to effect
ENTRANCE. If the
wall, etc., is
broken in order to
get out of the
place, it is not an
aggravating
circumstance.

2007

Par. 19. That as a


means to the
commission of a
crime, a wall,
roof, floor, door,

It is NOT
necessary that the
offender should
have entered the
building Therefore,
If the offender
broke a window to
enable himself to
reach a purse with
money on the
table near that
window, which he
took while his
body was outside
of the building, the
crime of theft was
attended by this
aggravating
circumstance.

PAR. 19
PAR. 18
It involves the
breaking
Presupposes that
there
(rompimiento) of
the
is no such
breaking as
enumerated parts
of
by entry through
the
the house.

NOTE: Breaking in
is lawful in the
following
instances:

An officer, in order
to make an arrest,
may break open a
door or window of
any building in
which the person
to be arrested is or
is reasonably
believed to be;
An officer, if
refused
admittance, may
break open any
door or window to
execute the
search warrant or
liberate himself,
Replevin, Section
4, Rule 60 of the
Rules of Court

Par. 20. That the


crime be
committed

with the aid of


persons under
fifteen (15) years
of age, or
by means of
motor vehicles,
airships, or other
similar means.

window.
TWO DIFFERENT
CIRCUMSTANCESQuick
Timeanda
GROUPED
TIFF (Uncompressed) decompressor IN

PARAGRAPH:areneeded to see this


picture.

THIS

With the aid of


persons under
fifteen years of
age:
Intends to repress,
so far as possible,
the frequent
practice resorted
to by professional
criminals to avail
themselves of
minors taking
advantage of their
irresponsibility.

By means of
motor vehicles,
airships, or other
similar means:

Intended to
counteract the
great facilities
found by modern
criminals in said
means to commit
crime and flee and
abscond once the
same is
committed.

Use of motor
vehicle is
aggravating where
the accused
purposely and
deliberately used
the motor vehicle
in going to the

place of the crime,


in carrying away
the effects thereof,
and in facilitating
their escape.

MEANING OF or
other similar
means

Should be
understood as
referring to
motorized vehicles
or other efficient
means of
transportation
similar to
automobile or
airplane.

Par. 21. That the


wrong done in
the commission
of the crime be
deliberately
augmented by
causing other
wrong not
necessary for its
commission

CRUELTY there
is cruelty when the
culprit enjoys and
delights in making
his victim suffer
slowly and
gradually, causing
unnecessary
physical pain in
the consummation
of the criminal act.

Requisites:

1.
That the
injury caused be
deliberately
increased by
causing other
wrong;

2.
That the
other wrong be
unnecessary for
the execution of
the purpose of the
offender.

Cruelty is not
inherent in crimes
against persons.
In order for it to be
appreciated, there
must be positive
proof that the
wounds found on
the body of the
victim were
inflicted while he
was still alive in
order
unnecessarily to
prolong physical

outraging of his
corpse.

IGNOMINY
(PAR.17)

CRUELTY (PAR.
21)

Involves
MORAL

suffering.
Cruelty cannot be
presumed

If the
victim was already
dead when the
acts of mutilation
were being
performed, this
would also qualify
the killing to
murder due to

Refers to
PHYSICAL

suffering

suffering

Unlike mitigating
circumstances
(par. 10, Art.

13), there is NO
provision for
aggravating
circumstances of
a similar or
analogous
character.

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into consideration
as aggravating or
mitigating
according to the
nature and effects
of the crime and
the other
conditions
attending its
commission.

2007
ART.15 Concept
of Alternative
Circumstances
CHAPTER FIVE
BASIS:
ALTERNATIVE
CIRCUMSTANCE
S

ALTERNATIVE
CIRCUMSTANCE
S Those which
must be taken

The nature and


effects of the
crime and the
other conditions
attending its
commission.

THE
ALTERNATIVE
CIRCUMSTANCE
S ARE:

Relationship;
Intoxication; and
Degree of
instruction and
education of the
offender.

REASON:
It
is the duty of
the
stepparents
bestow upon
their

to

QuickTime and a

RELATIONSHIP

The alternative
circumstance of
relationship shall
be taken into
consideration
when the
offended party is
the
Spouse,

stepchildrenTIFF(Ucompressed)am
others/fathersdcompressor
affection,
are needed to see this picture.

care and
protection.
The relationship
of adopted parent
and adopted
child.

Ascendant,
Descendant,
Legitimate,
natural, or
adopted brother
or sister, or

NOTE: But the


relationship of
uncle and niece is
not covered by
any of the
relationship
mentioned.

Relative by affinity
in the same
degree of the
offender.

Other Relatives
Included (By
Analogy):

The relationship
of stepfather or
stepmother and
stepson or
stepdaughter.

When
Relationship
Mitigating And
When

Aggravating:

As a rule,
relationship is
mitigating in
crimes against
property, by
analogy to the
provisions of Art.
332.
Thus, relationship
is mitigating in the
crimes of robbery
(Arts. 294-302),
usurpation (Art.
312), fraudulent
insolvency (Art.
314) and arson
(Arts. 321-322,
325-326).

In crimes against
persons

It is aggravating
where the
offended party is
a relative of
I. a higher
degree than the
offender, or

when the offender


and the offended
party are relatives
of the same level
(e.g. brothers)

But when it
comes to physical
injuries:

It is aggravating
when the crime
involves serious
physical injuries

(Art. 263), even if


the offended party
is a descendant
of the offender.
But the serious
physical injuries
must not be
inflicted by a
parent upon his
child by excessive
chastisement.
It is mitigating
when the offense
committed is less
serious physical
injuries or slight
physical injuries,
if the offended
party is a relative
of a lower degree.
It is aggravating
if the offended
party is a relative
of a higher
degree of the
offender.

When the crime is


homicide or
murder,
relationship is
aggravating
even if the victim
of the crime is a
relative of a lower
degree.

In rape,
relationship is
aggravating
where a
stepfather raped
his stepdaughter
or in a case
where a father
raped his own
daughter.

In crimes against
chastity, like acts
of lasciviousness
(Art. 336),
relationship is
always
aggravating,
regardless of
whether the
offender is a
relative of a
higher or lower
degree of the
offended party.

When the
qualification given
to the crime is
derived from the
relationship
between the
offender and the
offended party, it
is neither
mitigating nor
aggravating,
because it is
inseparable from
and inherent in
the offense. (e.g.
parricide, adultery
and
concubinage).

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INTOXICATION

When
Intoxication
Mitigating And
When

Aggravating:
Mitigating

If intoxication is
not habitual, or
If intoxication is
not subsequent to
the plan to
commit a felony.

Aggravating

If intoxication is
habitual, or
If it is intentional
(subsequent to
the plan to
commit a felony).

To Be Entitled To
The Mitigating
Circumstance Of
Intoxication, It
Must Be Shown:

That at the time of


the commission of
the criminal act,
the accused has
taken such
quantity of
alcoholic drinks
as to blur his
reason and
deprive him of a
certain degree of
control, and

That such
intoxication is not
habitual, or
subsequent to the
plan to commit
the felony.

To be mitigating,
the accuseds
state of
intoxication must
be proved. Once
intoxication is
established by
satisfactory
evidence, in the
absence of proof
to the contrary, it
is presumed to be
non-habitual or
unintentional.

Refers to the lack


or presence of
sufficient
intelligence and
knowledge of the
full significance of
ones acts.

Low degree of
instruction and
education or
lack of it is
generally
mitigating. High
degree of
instruction and
education is
aggravating,
when the offender
took advantage of
his learning in
committing the
crime.

GENERAL
RULE: Lack of
sufficient
education is
mitigating.
QuickTime and a

TIFF (Uncompressed)
decompressor

INSTRUCTION
OR EDUCATION
EXCEPTIONS: are
needed to see this picture.

As an alternative
circumstance it
does not refer
only to literacy but
more to the level
of intelligence of
the accused.

Crimes against
property (e.g.
arson, estafa,
theft, robbery)

Crimes against
chastity, and
Treason
because love of
country should be
a natural feeling
of every citizen,
however
unlettered or
uncultured he
may be.

individual
prejudice is so
small that penal
sanction is
unnecessary.

The classification
of the offenders
as principal,
accomplice or an
accessory is
essential under
the RPC. The
classification
maybe applied to
special laws only
if the latter
provides for the
same graduated
penalties as those
provided under
the RPC.

TITLE TWO

PERSONS
CRIMINALLY
LIABLE FOR

FELONIES

ART.16.WHO
ARE
CRIMINALLY
LIABLE

There Are Two


Parties In All
Crimes:

Active subject
(the criminal)

Art. 16
enumerates the
active subjects of
the crime.

Passive subject
(the injured party)
Note that
accessories are
not liable for light
felonies.
REASON: In the
commission of
light felonies, the
social wrong as
well as the

Is the holder of
the injured right:
the man, the
juristic person,
the group, and
the State.

Note: Only natural


persons can be
the active subject
of crime because
of the highly
personal nature of
the criminal
responsibility.

However,
corporation and
partnership can
be a passive
subject of a
crime.

GENERALLY:
Corpses and
animals cannot
be passive

subjects because
they have no
rights that may be
injured.
EXCEPTION:
Under Art. 253,
the crime of
defamation may
be committed if
the imputation
tends to blacken
the memory of
one who is dead.

This article
applies only when
the offenders are
to be judged by
their individual,
and not collective,
liability.

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Principal by
DIRECT
PARTICIPATION
(par.1)

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2007

ART.17.PRINCIP
ALS

THREE TYPES
OF PRINCIPALS:

Principal by
INDUCTION
(par.2)
Principal by
INDISPENSABL
E
COOPERATION
(par.3)

Par. 1
Principals by
direct
participation

Requisites:

That they
participated in the
criminal
resolution; and
(conspiracy)

That they carried


out their plan and
personally took
part in its
execution by acts
which directly
tended to the
same end.

NOTE: If the
second element
is missing, those
who did not
participate in the
commission of
the acts of
execution cannot
be held criminally
liable, unless the
crime agreed to
be committed is
treason, sedition,
coup d etat or
rebellion.

MEANING OF
personally took
part in its
execution

That the principal


by direct
participation must
be at the scene of
the commission of
the crime,
personally taking
part in its
execution.

Under conspiracy,
although he was
not present in the
scene of the
crime, he is
equally liable as a
principal by direct
participation.

Ex: One serving


as guard
pursuant to the
conspiracy is a
principal by direct
participation

CONSPIRACY
there is unity of
purpose and
intention.

How conspiracy
is established:
QuickTime and a

It is proven by

TIFFovert(Uncompressed)actandecompress
orbeyond reasonable

are needed to see this picture.

doubt

Mere knowledge
or approval is
insufficient

moral support
thereto.
It is not necessary
that there be
formal agreement

Conspiracy is
implied when the
accused had a
common purpose
and were united
in execution.
Unity of purpose
and intention in
the commission of
the crime may be
shown in the
following cases:

While conspiracy
may be implied
from the
circumstances
attending the
commission of the
crime, it is
nevertheless a
rule that
conspiracy must
be established by
positive and
conclusive
evidence.

NOTES:

Spontaneous
agreement at the
moment of the
commission of the
crime
Active
cooperation by all
the offenders in
the perpetration
of the crime
Contribution by
positive acts to
the realization of
a common
criminal intent

Presence during
the commission of
the crime by a
band and lending

Conspirator is not
liable for the
crimes of the
others which are
not the object of
the conspiracy
nor are logical or
necessary
consequences
thereof

Regarding
multiple rape
each rapist is
liable for
anothers crime
because each
cooperated in the
commission of the
rapes perpetrated
by the others
EXCEPTION: in
the crime of
murder w/
treachery all the
offenders must at

least know that


there will be
treachery in
executing the
crime or
cooperate therein.

No such thing as
conspiracy to
commit an
offense through
negligence.
However, special
laws may make
one a coprincipal.

Conspiracy is
negated by the
acquittal of codefendant.

Par. 2
Principals by
induction

Requisites:

That the
inducement be
made directly with

the intention of
procuring the
commission of the
crime; and
That such
inducement be
the determining
cause of the
commission of the
crime by the
material executor.

One cannot be
held guilty of
having instigated
the commission of
the crime without
first being shown
that the crime
was actually
committed (or
attempted) by
another.
Thus, there can
be no principal by
inducement (or by
indispensable
cooperation)
unless there is a
principal by direct
participation. But
there can be a
principal by direct
participation
without a

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2007

principal by
inducement (or by
indispensable
cooperation).

Two Ways Of
Becoming
Principal By
Induction:

By directly
forcing another
to commit a
crime by :
Using irresistible
force.
Causing
uncontrollable
fear.
In these cases,
there is no
conspiracy, not
even a unity of
criminal purpose
and intention.
Only the one
using the force or
causing the fear is
criminally liable.
The material
executor is not
criminally liable
because of Art.
12, pars. 5 and 6
(exempting
circumstances)

By directly
inducing another
to commit a
crime by
Giving of price,
or offering of
reward or
promise.
The one giving the
price or offering
the reward or
promise is a
principal by

inducement while
the one committing
the crime in
consideration
thereof is a
principal by direct
participation. There
is collective
criminal
responsibility.

Using words of
command

The person who


used the words of
command is a
principal by
inducement while
the person who
committed the
crime because of
the words of
command is a
principal by direct
participation. There
is also collective
criminal
responsibility.

Requisites for
words of
command to be
considered
inducement:

1.
Commander has
the intention of
procuring the
commission of the
crime

2. Commander
has ascendancy
or influence
3.
Words
used be so direct,
so efficacious, so
powerful

4. Command be
uttered prior to the
commission
5. Executor had
no
personalQuickTimeand
reasona

TIFF (Uncompressed)
decompressor are needed to see
this picture.

NOTE: Words
uttered in the heat
of anger and in
the nature of the
command that
had to be obeyed
do not make one
an inductor.

The inducement
must precede the
act induced and
must be so
influential in
producing the
criminal act that
without it, the act
would not have
been performed.
Mere imprudent
advice is not
inducement.

If the person who


actually committed
the crime had
reason of his own
to commit the
crime, it cannot be
said that the
inducement was
influential in
producing the
criminal act.

PRINCIPAL BY

OFFENDER WHO

INDUCEMENT

MADE
PROPOSAL TO

COMMIT A
FELONY

There is an
inducement to
commit a crime

In both

when the
crime
is
commit
When liable

a
felony
is

committed
by
the
punishable
in treason
or

principal
by direct
rebellion.
However,
Becomes

the

liable
only
The

participation.

mere
proposal
to

person
to

whom
the

becomes
a principal
by

proposal
is
made

inducement.

should

not commit the


crime,

Otherwise,
the proponent

What kind of
crime involved

Involves any
crime

The
proposal
to
be
Effects Of
Acquittal Of
Principal By
Direct

Participation
Upon Liability Of
Principal By
punishable

Inducement:

must
involve

only treason or
rebellion.

Conspiracy is
negatived by the
acquittal of codefendant.

One cannot be
held guilty of
having instigated
the commission of
a crime without
first being shown
that the crime has
been actually

committed by
another.

principal by
inducement.

But if the one


charged as
principal by direct
participation is
acquitted because
he acted without
criminal intent or
malice, his
acquittal is not a
ground for the
acquittal of the

REASON FOR
THE RULE: In
exempting
circumstances,
such as when the
act is not voluntary
because of lack of
intent on the part
of the accused,
there is a crime

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CENTRAL BAR
OPERATIONS

resolution, that is,


there is either
anterior
conspiracy or
unity of criminal
purpose and
intention
immediately
before the
commission of the
crime charged;
and

2007

committed, only
that the accused
is not a criminal.

Par. 3 Principal
by
indispensable
cooperation

Requisites:

Participation in
the criminal

Cooperation in
the commission
of the offense by
performing
another act,
without which it
would not have
been
accomplished.

MEANING OF
cooperation in
the commission
of the offense

To desire or wish
in common a
thing. But that
common will or
purpose does not
necessarily mean
previous
understanding, for
it can be
explained or
inferred from the
circumstances of
each case.

responsibility.
Principals by
indispensable
cooperation have
collective criminal
responsibilities
with the principals
by direct
participation.

Individual
Criminal
Responsibility:Qu
ickTimeanda

NOTE: If the
cooperation is not
indispensable, the
offender is only
an accomplice.

Collective
Criminal
Responsibility:

This is present
when the
offenders are
criminally liable in
the same manner
and to the same
extent. The
penalty to be
imposed must be
the same for all.
Principals by
direct
participation have
collective criminal
responsibility.
Principals by
induction, (except
those who directly
forced another to
commit a crime)
and principals by
direct
participation have
collective criminal

decompressor

are needed to see this picture.

In the
absence of any
previous
conspiracy, unity
of criminal
purpose and
intention
immediately
before the
commission of the
crime, or
community of
criminal design,
the criminal
responsibility
arising from
different acts
directed against
one and the same
person is
considered as
individual and not
collective, and
each of the
participants is
liable only for the
act committed by
him.

QUASICOLLECTIVE
criminal
responsibility:

Some of the
offenders in the
crime are
principals and the
others are
accomplices.

ART.18.ACCOMP
LICES

ACCOMPLICES Persons who do


not act as
principals but
cooperate in the
execution of the
offense by
previous and
simultaneous
acts, which are
not indispensable
to the commission
of the crime. They
act as mere
instruments that
perform acts not
essential to the
perpetration of
the offense

Requisites: (the
following must
concur)

That there be
community of
design; that is,

knowing the
criminal design of
the principal by
direct
participation, he
concurs with the
latter his purpose;

That he
cooperates in the
execution of the
offense by
previous or
simultaneous
acts, with the
intention of
supplying material
or moral aid in the
execution of the
crime in an
efficacious way;
and

That there be a
relation between
the acts done by
the principal and
those attributed to
the person
charged as an
accomplice.

NOTES:

Before there
could be an
accomplice, there
must be a
principal by direct
participation.

The person
charged as an
accomplice
should not have
inflicted a mortal

wound. If he
inflicted a mortal
wound, he
becomes a
principal by direct
participation.

Accessories are
those who:

In case of doubt,
the participation
of the offender will
be considered
that of an
accomplice rather
than that of a
principal.

without having
participated
therein either as
principals or
accomplices, take
part subsequent
to its commission
in any of the
following acts:

ART.19.ACCESS
ORIES

having knowledge
of the commission
of the crime, and

By profiting
themselves or
assisting the
offender to profit
by the effects of
the crime.

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CENTRAL BAR
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2007

Assisting the
offender to profit
by the effects of
the crime.
By concealing or
destroying the
body of the crime

to prevent its
discovery.

In profiting by the
effects of the
crime, the
accessory must
receive the
property from the
principal. He
should not take it
without the
consent of the
principal. If he
took it without the
consent of the
principal, he is not
an accessory but
a principal in the
crime of theft.

EXAMPLE:

PAR. 1 - person
received and
used property
from another,
knowing it was
stolen

PAR. 2 - placing a
weapon in the
hand of the dead
who was
unlawfully killed to
plant evidence, or
burying the
deceased who
was killed by the
principals

PAR. 3 - a) public
officers who
harbor, conceal or
assist in the
escape of the
principal of any
crime (not light
felony) with abuse
of his public
functions

b) private persons
who harbor,
conceal or assist
in the escape of
the author of the
crime guilty of
treason, parricide,
murder or an
attempt against
the life of the
President, or who
is known to be
habitually guilty of
some crime.

GENERAL
RULE: If the
Principal is
acquitted the
Accessory is also
acquitted. The
responsibility of
the accessory is
subordinate to
that of the
principal in a
crime

Exception: When
the crime was in
fact committed by
the principal, but
the principal is
covered by
exempting
circumstances
(Art 12) and as a
result he is not
held liable.
However, it is
possible that the
accessory may
still be held liable
even if the
principal was
acquitted by an
exempting
circumstance

Trial of accessory
may proceed
without awaiting
QuickTime and a

the result of
TIFF
the(Uncomseparateressed)de
compressor
charge against the
are needed to see this picture.

principal because
the criminal
responsibilities
are distinct from
each other

Two classes of
accessories
contemplated in
par. 3 of art. 19

PUBLIC officers,
who harbor,
conceal or
assist in the
escape of the
principal of any
crime (not light
felony) with
abuse of his
public functions.

is not a light
felony.

PRIVATE
persons who
harbor, conceal
or assist in the
escape of the
author of the
crime who is
guilty of treason,
parricide,
murder, or
attempts against
the life of the
President, or
who is known to
be habitually
guilty of some
other crime.

Requisites:

Requisites:

The accessory is
a public officer.

He harbors,
conceals, or
assists in the
escape of the
principal.

The public officer


acts with abuse of
his public
functions.
The crime
committed by the
principal is any
crime, provided it

The accessory is
a private person.

He harbors,
conceals or
assists in the
escape of the
author of the
crime.

The crime
committed by the
principal is either:

Treason,
Parricide,
Murder,

An attempt
against the life of
the President, or
That the principal
is known to be
habitually guilty of
some other crime.

Neither the letter


nor the spirit of
the law requires
that the principal
be convicted
before one may
be punished as
an accessory. As
long as the
corpus delicti is
proved and the
accessorys
participation as
such is shown, he
can be held
criminally
responsible and
meted out the
corresponding
penalty (Inovero
vs. Coronel, CA,
65 O.G.

3160).

The prescribed
acts of the
accessory under
par.

must have been


intended to
prevent the
discovery of the
crime, hence,
mere silence
does not make
one an accessory.
If, however, the
crime involved is
a conspiracy to
commit treason,
his silence may
hold him liable for
misprision of
treason (Art. 116)
but as a principal
thereof.

Where the
accused misleads
the authorities by
giving them false
information, such
act is equivalent
to concealment
and he should be
held as an
accessory.

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Summer
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OPERATIONS

2007

PRINCIPAL
ACCESSORY

ATENEO
CENTRAL BAR

Takes direct part or


cooperates

Does NOT take


direct
crime
in, or induces the
commission
part or cooperates
in, or
of the crime
induces the
commission

of the crime

ANTI-FENCING
LAW OF 1979

PRES. DECREE
1612

cooperates in the
commission
does not take part in
the
of the offense by
acts either
commission of the
prior thereto or
simultaneous
offense
therewith

Participates during
commission
Participation of
the
of the crime
accessory in all
cases

always
SUBSEQUENT

to the commission of
the

FENCING is an
act, with intent to
gain, of buying,
selling, receiving,
possessing,
keeping, or in any
other manner
dealing in
anything of value
which a person
knows or should
have known to be
derived from the
proceeds of the
crime of robbery
or theft.

FENCE is a
person who
commits the act
of fencing. A
fence who
receives stolen
property as
above-provided is
not an accessory
but a principal in
the crime defined
in and punished
by the AntiFencing Law.

Mere possession
of anything of
value which has
been the subject
of robbery or theft
shall be prima
facie evidence of
fencing.

spouse, or

ART.20.ACCESS
ORIES WHO ARE
EXEMPT FROM
CRIMINAL
LIABILITY

descendant, or

BASIS:

ascendant, or

legitimate, natural
or adopted
brother, sister or
relative by affinity
within the same
degree.

QuickTime and a

The exemption
providedTIFF(Uncompressed)forin
thisdecompressorarticle is
based on
are needed to see this picture.

the ties of blood


and the
preservation of
the cleanliness of
ones name,
which compels
one to conceal
crimes committed
by relatives so
near as those
mentioned in this
article.

AN ACCESSORY IS
EXEMPT FROM
CRIMINAL LIABLITY
WHEN THE
PRINCIPAL IS HIS :

Accessory Is
Not Exempt
From Criminal
Liability Even If
The Principal Is
Related To Him,
If Such
Accessory

profited by the
effects of the
crime, or

assisted the
offender to profit
by the effects of
the crime.

REASON:
Because such
acts are
prompted not by

affection but by a
detestable greed.

apply to PD
1829.

NOTES:

TITLE THREE

Nephew and
Niece not
included

PENALTIES

Public officer
contemplated in
par. 3 of Art. 19 is
exempt by reason
of relationship to
the principal, even
if such public
officer acted with
abuse of his
official functions.

Chapter One :
PENALTIES IN
GENERAL

REASON: Ties of
blood or
relationship
constitutes a more
powerful incentive
than the call of
duty.

P.D. 1829
penalizes the act
of any person who
knowingly or
willfully obstructs,
impedes,
frustrates or
delays the
apprehension of
suspects and the
investigation and
prosecution of
criminal cases.

The benefits of
the exception in
Art. 20 do not

PENALTY
suffering inflicted
by the State for
the transgression
of a law.

Different
Juridical
Conditions Of
Penalty:

Must be
productive of
suffering, without
however affecting
the integrity of the
human
personality.

Must be
commensurate
with the offense
different crimes

must be punished
with different
penalties.

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CENTRAL BAR
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2007

Must be personal
no one should
be punished for
the crime of
another.
Must be legal it
is the
consequence of a
judgment
according to law.

The State has an


existence of its
own to maintain,
a conscience to
assert, and moral
principles to be
vindicated. Penal
justice must
therefore be
exercised by the
State in the
service and
satisfaction of a
duty, and rests
primarily on the
moral rightfulness
of the punishment
inflicted (to
secure justice).
The basis of the
right to punish
violations of penal
law is the police
power of the
State.

Must be certain
no one may
escape its effects.

Must be equal for


all.
Must be
correctional.

Purpose Of The
State In
Punishing
Crimes

Theories
Justifying
Penalty:

Prevention to
prevent or
suppress the
danger to the
State arising from
the criminal act of
the offender.

Self-defense
so as to protect
society from the
threat and wrong
inflicted by the
criminal.

execution of the
penalties
consisting in
deprivationQuickTimeofli
bertyanda.
TIFF (Uncompressed) decompressor

Reformation
the object of
punishment in
criminal cases is
to correct and
reform the
offender.
Exemplarity
the criminal is
punished to serve
as an example to
deter others from
committing
crimes.
Justice that
crime must be
punished by the
State as an act of
retributive justice,
a vindication of
absolute right and
moral law violated
by the criminal.

Three-Fold
Purpose Of
Penalty Under
The Code:

Retribution or
expiation the
penalty is
commensurate
with the gravity of
the offense.
Correction or
reformation
shown by the
rules which
regulate the

3.
Social
defense are
needed
showntoseebythis
picture
its
inflexible.
severity to recidivists
and habitual
delinquents.

ART.21.PENALTI
ES THAT MAY
BE IMPOSED

RULE: A felony
shall be
punishable only
by the penalty
prescribed by law
at the time of its
commission. (Art.
21 simply
announces the
policy of the state
as regards
punishment of
crimes)

REASON:
Because a law
cannot be
rationally obeyed
unless it is first
shown, and a
man cannot be
expected to obey
an order that has
not been given.

It is a guaranty to
the citizens of this
country that no
act will be
considered
criminal until the
Government has
made it so by law
and has provided
a penalty.
Subsidiary
penalty for a
crime cannot be
imposed, if it was
not prescribed by
law prior to its
commission (US
vs. Macasaet
11Phil.447)

ART.22.RETROA
CTIVE EFFECT
OF PENAL
LAWS

NOTE: According
to Reyes, Art. 22
is NOT applicable
to the provisions
of the RPC. Its
application to the
RPC can only be
invoked where
some former or
subsequent law is
under
consideration.

GENERAL
RULE: Penal
laws are applied
prospectively.

EXCEPTION:
When

retrospective
application will be
favorable to the
person guilty of a
felony;

Provided that:

The offender is
NOT a habitual
criminal
(delinquent)
under Art. 62(5);
The new or
amendatory law
does NOT provide
against its
retrospective
application.

The favorable
retroactive effect
of a new law
may find the
defendant in one
of the 3
situations:

The crime has


been committed
and the
prosecution
begins
The sentence has
been passed but
service has not
begun

The sentence is
being carried out

HABITUAL
DELINQUENT - A
person who,
within a period of
ten years from the
date of his
release or last
conviction of the
crimes of serious
or less serious
physical injuries,
robbery, theft,
estafa, or
falsification, is
found guilty of
any said crimes a
third time or
oftener.

EX POST FACTO
LAW - An act
which when
committed was

not a crime,
cannot be made
so by statute
without violating
the constitutional
inhibition as to ex
post facto laws.
An ex post facto
law is one which:

Makes criminal
an act done
before the
passage of the
law and which
was innocent
when done;
Aggravates a
crime, or makes
it greater than it
was, when
committed;

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Changes the
punishment and
inflicts a greater
punishment than
the law annexed
to the crime when
committed;

Alters the legal


rules of
evidence, and
authorizes
conviction upon a
less or different
testimony than
the law required
at the time of the
commission of the
offense;
Assumes to
regulate civil
rights and
remedies only, in
effect imposing a
penalty or
deprivation of a
right for
something which
when done was
lawful; and

Deprives a
person accused
of a crime of
some lawful
protection to
which he has
become entitled,
such as the
protection of a
former conviction
or acquittal, or a
proclamation of
amnesty.

If retroactive
effect of a new
law is justified, it
shall apply to
the defendant
even if he is:
presently on trial
for the offense;
has already been
sentenced but
service of which
has not begun; or
already serving
sentence

The retroactive
effect of criminal
statutes does
NOT apply to the
culprits civil
liability.

REASON: The
rights of offended
persons or
innocent third
parties are not
within the gift of
arbitrary disposal
of the State.

The provisions of
Art. 22 are
applicable even to
special laws
which provide
more favorable
conditions to the
accused.

New law may


provide that its
provisions not to
be applied to
cases already
filed in court at
the time of the
approval of such
law.

Criminal liability
under the
repealed law
SUBSISTS:

When the
provisions of the
former law are
reenacted; or
(Note: The right
to punish
offenses
committed
QuickTime and a

under an old
penalTIFF(Uncompressed)lawis
notdecompressorextinguished if
the
are needed to see this picture.

offenses are still


punishable in the
repealing penal
law.)
When the repeal
is by
implication; or

(Note: When a
penal law, which
impliedly
repealed an old
law, is itself
repealed, the
repeal of the
repealing law
revives the prior
penal law, unless
the language of
the repealing
statute provides
otherwise. If the
repeal is
absolute, criminal
liability is
obliterated.)

criminal liability of
the offender.
REASON: A crime
committed is an
offense against
the State. Only
the Chief
Executive can
pardon the
offenders.

EXCEPTION:
Pardon by the
offended party will
bar criminal
prosecution in the
following crimes:

Adultery and
Concubinage (Art.
344, RPC)

3. When there is
a saving clause.

BILL OF
ATTAINDER A
legislative act
which inflicts
punishment
without trial.

ART.23.EFFECT
OF PARDON BY
THE OFFENDED

PARTY

GENERAL
RULE: Pardon by
the offended party
does not
extinguish the

EXPRESS or
IMPLIED pardon
must be given by
offended party to
BOTH offenders.

Pardon must be
given PRIOR to
institution of
criminal action.

Seduction,
Abduction, Acts of

Lasciviousness
(Art. 344, RPC)

EXPRESS
pardon given by
offended party or

her parents or
grandparents or
guardian

Pardon must be
given PRIOR to
the institution of
the criminal
action. However,
marriage between
the offender and
the offended party
EVEN AFTER the
institution of the
criminal action or
conviction of the
offender will
extinguish the
criminal action or
remit the penalty
already imposed
against the
offender, his coprincipals,
accomplices and

accessories after
the fact.

Rape (as
amended by R.A.
8353)

The subsequent
valid marriage
between the
offender and the
offended party
shall extinguish
criminal liability or
the penalty
imposed. In case
the legal husband
is the offender,
subsequent
forgiveness by
the wife as
offended party
shall also produce
the same effect.

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NOTE:

Pardon by the
offended party
under Art. 344 is
ONLY A BAR to
criminal
prosecution; it is
NOT a ground for
extinguishment of
criminal liability. It
DOES NOT
extinguish
criminal liability. It
is not one of the
causes that totally
extinguish
criminal liability in
Art 89

Nevertheless, civil
liability may be
extinguished by
the EXRESS
WAIVER of the
offended
party.Civil liability
w/ regard to the
interest of the
injured party is
extinguished by
the latters
express waiver
because personal
injury may be
repaired through
indemnity. Waiver
must be express.
State has no
reason to insist on
its payment.

and
crime
who
suffered
alarm which are
the
damage
either
to
his
outcome
of

AN OFFENSE
CAUSES TWO
CLASSES OF
INJURIES:

the
person, to his
property, to

SOCIAL INJURY

offense.

PERSONAL
INJURY

his honor or
to her

Produced
by
the
Caused to the
victim of the
disturbance

chastity.

corresponding

penalty.
Is
sought
to
be
Is
repaired
through
repaired through
the
indemnity.

imposition
of
the

The
offended
party
The
offended party
may
cannot
pardon
the
waive the
indemnity
and
offender
so
as
to
the State has no
reason to
relieve
him
of
the
insist in its
payment.

ART.24.MEASUR
ES OF
PREVENTION
OR SAFETY,
WHICH ARE
NOT
CONSIDERED

PENALTIESQuickimean

penalty.

d a TIFF (Uncompressed)
decompressor

are needed to see this picture.

The Following
Shall Not Be
Considered As
Penalties:

The arrest and


temporary
detention of
accused persons,
as well as their
detention by
reason of insanity
or imbecility, or
illness requiring
their confinement
in a hospital.

The commitment
of a minor to any
of the institutions
mentioned in Art.
80 (now Art.

192, PD No. 603)


and for the
purposes
specified therein.

Suspension from
the employment
or public office
during the trial or
in order to
institute
proceedings.
Fines and other
corrective
measures which,
in the exercise of
their
administrative or
disciplinary
powers, superior
officials may
impose upon their
subordinates.

Deprivation of
rights and the
reparations which
the civil law may
establish in penal
form.

Reasons why
they are not
penalties:

Because they are


not imposed as a
result of judicial
proceedings.
Those mentioned
in paragraphs 1,
3 and 4 are
merely preventive
measures before
conviction of
offenders.

The offender is
not subjected to
or made to suffer
these measures
in expiation of or
as punishment for
a crime.

Note: Those in
par 1, 3 and 4 are
merely preventive
measures before
the conviction of
offenders.

Par. 1 refers to
accused
persons who are
detained by
reason of insanity
or imbecility. It
does not refer to
the confinement

of an insane or
imbecile who has
not been arrested
for a crime. It

Paragraphs 3 and
4 refer to
administrative
suspension and
administrative
fines and not to
suspension or fine
as penalties for
violations of the
RPC. Fines in par.
4 do not constitute
as penalties
because they are
not imposed by
the court.

The deprivations
of rights
established in
penal form by the
civil laws is
illustrated in the
case of parents
who are deprived

of their parental
authority if found
guilty of the crime
of corruption of
their minor
children, in
accordance with
Art. 332 of the
Civil Code.

Where a minor
offender was
committed to a
reformatory
pursuant to Art.
80 (now, PD 603),
and while thus
detained he
commits a crime
therein, he cannot
be considered a
quasi-recidivist
since his
detention was
only a preventive
measure,
whereas a quasirecidivism
presupposes the
commission of a

Page 33 of 174

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crime during the


service of the
penalty for a
previous crime.

Commitment of a
minor is not a
penalty because it
is not imposed by

the court in a
judgment. The
imposition of the
sentence in such a
case is
suspended.

ART. 26: WHEN


AFFLICTIVE,
CORRECTIONAL,

OR LIGHT
PENALTY

Fines:

Afflictive over
6000
Correctional 201
to 6000
Light 200 and
less

proceedings with
arresto mayor or
fine from 200 pesos
to 1000 pesos) or
single (Ex. fine of
200 to 6000 pesos)
Penalty cannot be
imposed in the
alternative since it
is the duty of the
court to indicate the
penalty imposed
definitely and
positively. Thus, the
court cannot
sentence the guilty
person in a manner
as such as to pay
fine of 1000 pesos,
or to suffer an
imprisonment of 2
years, and to pay
the costs.

If the fine imposed


by the law for the
felony is exactly
200 pesos, it is a
light felony.

NOTES:
* People vs. Yu
Hai (99 Phil. 725):
The classification
applies if the fine
is imposed as a
single or
alternative penalty.
Hence, it does not
apply if the fine is
imposed together
with another
penalty.

Fines are imposed


either as
alternative (Ex: Art
144 punishing
disturbance of

Under Art. 9, where


the fine in question
is exactly P200, it is
a light penalty, thus
the offense is a
light felony;
whereas under Art.
26, it is a
correctional
penalty, hence the
offense involved is
a less grave felony.
It that this
discrepancy should
be resolved

liberally in favor of
the accused,
hence Art. 9
prevails over

Applicable in
determining

Art. 26.

determining the

ctive

the prescriptive period


of
Bond to keep the
peace is by
analogy:

prescriptive period
of
penalties
over

Distinction between
classification of
Penalties in

felonies

600

Art. 9 and Art. 26

0;
Article 9
Article 26
Affli
Corr

ecti
Applicable in

onal 201 to
6000; Light 200
and less

Chapter Three

DURATION AND
EFFECTS OF
PENALTIES

Section One.
Duration of
Penalties

Art. 27:
RECLUSION
PERPETUA

Reclusin
perpetua 20
years and 1 day to
40 years
Reclusin
temporal 12
years and 1 day to
20 years
Prisin mayor and
temporary
disqualification
6 years and 1 day
to 12 years, except
when
disqualification is
an accessory
penalty, in which
case its duration is
that of the principal
penalty
Prisin
correccional,
suspensin, and
destierro 6
months and 1 day
to 6 years, except
when suspensin is

an accessory
penalty, in which
case its duration is
that of the
principal penalty

Arresto mayor 1
month and 1 day to
6 months

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Arresto menor
1 day to 30 days

Bond to keep
the peace The
period is
discretionary on
the court.

NOTES:

Destierro is a
principal, divisible
and correctional
penalty.
Cases when
destierro
imposed:
Serious physical
injuries or death
under exceptional

circumstances
(Art. 247)
In case of failure
to give bond for
good behavior
(Art. 284)
As a penalty for
the concubine in
concubinage
(Art. 334)
d.
In cases
where after
reducing the
penalty by one or
more degrees,
destierro is the
proper penalty.

ART. 28:
COMPUTATION
OF PENALTIES

Rules on
Computation of
Penalties:

When the
offender is in
prison the
duration of the
temporary
penalties
(Permanent
Absolute
Disqualification,
Temporary
Absolute

Disqualification,
detention,
suspension) is
from the day on
which the
judgment of
conviction
becomes final.
When the
offender is not
in prison the
duration of the
penalty of
deprivation of
liberty is from the
day that the
offender is placed
at the disposal of
judicial authorities
for the
enforcement of
the penalty
The duration of
the other
penalties the
duration is from
the day on w/c
the offender
commences to
serve his
sentence

from the date


ofQuickTimthepromulg
ationanda of the
TIFF (Uncompressed) decompressor

decision of
theareneededappellatet
oseethispicture
court,. not
the trial courts.

Service in prison
begins only on
the day the
judgment of
conviction
becomes final.

In cases of
temporary
penalties, and if
the offender is
under detention
(as when
undergoing
preventive
imprisonment),
rule
(a) applies.
If he is not under
detention
(released on bail),
rule (c) applies.

NOTES:

Reason for rule


(a) Under Art
24, the arrest and
temporary
detention of the
accused is not
considered a
penalty.
if in custody, the
accused
appealed, the
service of the
sentence should
commence

If offender is
under preventive
imprisonment,
rule (c) applies,
not rule (a).
The offender is
entitled to a
deduction of the
full time or 4/5 of

the time of his


detention.

ART. 29: PERIOD


OF PREVENTIVE
IMPRISONMENT
DEDUCTED
FROM TERM OF
IMPRISONMENT

Instances when
accused
undergoes
preventive
suspension:
offense is nonbailable
bailable but cant
furnish bail

Notes:

The full time or


4/5 of the time
during which the
offenders have
undergone
preventive
suspension shall
be deducted from
the penalty
imposed:
full time: if the
detention prisoner
agrees voluntarily
in writing to abide
by the same
disciplinary rules
imposed upon
convicted
prisoners

four-fifths of the
time: if the
detention prisoner
does not agree to
abide by the
same disciplinary
rules imposed
upon convicted
prisoners
In the case of a
youthful offender
who has been
proceeded
against under the
Child and Youth
Welfare Code, he
shall be credited
in the service of
his sentence with
the full time of
his actual
detention,
regardless if he
agreed to abide
by the same
disciplinary rules
of the institution
or not.

Offenders not
entitled to be
credited with the
full time or fourfifths of the time
of their preventive
imprisonment:
Recidivists or
those convicted
previously twice
or more times of
any crime.
Those who, upon
being summoned
for the execution
of their sentence,
failed to surrender
voluntarily
(convicts who

failed to
voluntarily
surrender to
serve their
penalties under a
final judgment,
not those who
failed or refused
to voluntarily
surrender after
the commission of
the crime)

Habitual
Delinquents are
not entitled to
credit of time
under preventive
imprisonment
since he is
necessarily a
recidivist or has
been convicted
previously twice
or more times of

Page 35 of 174

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consisting of
deprivation of
liberty
(imprisonment
and destierro),
whether perpetual
or temporal. Thus,
persons who had
undergone
preventive
imprisonment but
the offense is
punishable by a
fine only would
not be given
credit.

any crime.

Duration of RP is
to be computed at
30 years, thus,
even if the
accused is
sentenced to life
imprisonment, he
is entitled to the
full time or 4/5 of
the time of
preventive
suspension
Credit is given in
the service of
sentences

Destierro is
considered a
deprivation of
liberty.

If the penalty
imposed is
arresto menor to
destierro, the
accused who has
been in prison for
30 days (arresto
menor to 30 days)
should be
released because
although the
maximum penalty

is destierro (6
months and 1 day
to 6 years), the
accused
sentenced to
such penalty does
not serve it in
prison.

Section Two.
Effects of the
penaltiesaccordi
ng to their
respective
nature

Temporary
absolute
disqualification
is effective during
the term of
sentence and is
removed after the
service of the
same.
Exceptions: (1)
deprivation of the
public office

ART. 30:
EFFECTS OF
THE PENALTIES
OF PERPETUAL
OR
TEMPORARY
ABSOLUTE
DISQUALIFICATI
ON

NOTES:

The exclusion is a
mere
disqualification
from protection,
and not for
punishment the
withholding of a
privilege, not a
denial of a right.
Perpetual
absolute
disqualification
is effective during
the lifetime of the
convict and even
after the service
of the sentence.

or employment;
(2) loss of all
rights to
retirement pay or
other pension for
any office

formerly held. QuickTime


and a TIFF (Uncompressed)
decompressor

A
plebiscite isare
noteededmentionedto
seehispicture.
or
contemplated in
Art.30, par. 2
(deprivation of the
right to vote),
hence, the
offender may vote
in that exercise,
subject to the
provisions of
pertinent election
laws at the time.

Effects of
Perpetual and
temporary
absolute
disqualification:

Deprivation of any
public office or
employment of
offender

Deprivation of the
right to vote in
any election or to
be voted upon
Loss of rights to
retirement pay or
pension

All these effects


last during the
lifetime of the
convict and even
after the service
of the sentence
except as regards
paragraphs 2 and
3 of the above in
connection with
Temporary
Absolute
Disqualification.

ART. 31:
EFFECT OF THE
PENALTIES OF
PERPETUAL OR
TEMPORARY
SPECIAL
DISQUALIFICATI
ON

ART. 32:
EFFECT OF THE
PENALTIES OF
PERPETUAL OR
TEMPORARY
SPECIAL
DISQUALIFICATI
ON FOR THE
EXERCISE OF
THE RIGHT OF
SUFFRAGE

NOTE:
Temporary
disqualification if
imposed is an
accessory
penalty. Its
duration is that of
the principal
penalty.

Effects of
Perpetual and
Temporary
Special

Disqualification:
For public office,
profession, or
calling
Deprivation of the
office,
employment,
profession or
calling affected
Disqualification
for holding similar
offices or
employment
during the period
of disqualification

For the exercise


of the right of
suffrage

OR THE RIGHT
OF SUFFRAGE

Effects:
Deprivation of the
right to vote or to
be elected in an
office

Cannot hold any


public office
during the period
of disqualification

ART. 33:
EFFECTS OF
THE PENALTIES
OF
SUSPENSION
FROM ANY
PUBLIC OFFICE,
PROFESSION
OR CALLING,

Disqualification
from holding such
office or the
exercise of such
profession or right
of suffrage during
the term of the
sentence

Cannot hold
another office
having similar
functions during
the period of
suspension

ART 34: CIVIL


INTERDCTION

Page 36 of 174

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Parental rights
Guardianship over
the ward
Marital authority

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Effects;Deprivati
on of the
following rights:

Right to manage
property and to
dispose of the
same by acts inter
vivos

Civil Interdiction
is an accessory
penalty to the
following

principal
penalties:

If death penalty is
commuted to life
imprisonment

Reclusion
perpetua
Reclusion
temporal
*He can dispose
of such property
by will or donation
mortis causa

ART. 35:
EFFECTS OF
BOND TO KEEP
THE

PEACE

Bond to keep the


peace is different
from bail bond
which is posted for
the provisional
release of a
person arrested
for or accused of a
crime. Bond to
keep the peace or
for good behavior
is imposed as a
penalty in threats.

ART. 36:
PARDON; ITS
EFFECT

NOTES:

Pardon by the
President does not
restore the right to
public office or
suffrage except
when both are
expressly restored
in the pardon. Nor
does it exempt one
from civil liability or
from payment of
civil indemnity.

Limitations to
Presidents power
to pardon:

can be exercised
only after final
judgment

o
does not
extend to cases of
impeachment

does not
extinguish civil
liability only
criminal liability

GENERAL RULE:
PardonQuickTimegranted
anda in general terms
TIFF (Uncompressed) decompressor

does not include


accessoryareneeded
topenaltiessethispcture.
Exceptions:

if the absolute
pardon is granted
after the term of
imprisonment has
expired, it
removes all that is
left of the
consequences of
conviction.
However, if the
penalty is life
imprisonment and
after the service of
30 years, a
pardon is granted,
the pardon does
not remove the
accessory penalty
of absolute
perpetual
disqualification

Pardon by the
offended party
does not
extinguish criminal
liability; may
include offended
party waiving civil
indemnity and it
should be done
before the
institution of the
criminal
prosecution and
extended to both
offenders.

PARDON
BY

PARDON
if the facts and
circumstances of
the case show
that the purpose
of the President is
to precisely
restore the rights
i.e., granting
absolute pardon
after election to a
post (mayor) but
before the date
fixed by law for
assuming office to
enable him to
assume the
position in
deference to the
popular will

BY

Crimes
THE

against

CHIEF
covered
OFFENDED

unless

EXECUTIVE

chastity
under

PARTY
(ART.

otherwise

(ART. 36)
the RPC only
23)

Crime

provided
by
or

Any
crime,

subject
or the laws
to

Extinguish-

Extinguishes
conditions
in

Does

not

ment
of

criminal liability

the Constitution

extinguish

criminal

to
criminal
liability

the

liability

although it may

prosecution
of

constitute a bar
the offender

Effect
on

Cannot
affect
When
Offended party

civil liability

Only
after

the civil
liability

can waive

Only before the

granted

the

conviction
by

ex delicto of the

institution of the

civil liability

final judgment

criminal action
offender
To whom

Any or all of the


both offenders
In adultery and
Whether
granted

it

May
accused
be

Cannot
concubinage,

validly

can
be

absolute

or

must
include

be
made

conditional

conditional

subject

to
a

ART. 37: COST;


WHAT ARE
INCLUDED

Costs include:

condition

1. fees

Page 37 of 174

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conviction. In
case of acquittal,
the costs are de
oficio, each party
bearing his own
expense.

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OPERATIONS

No costs are
allowed against
the Republic of
the Philippines,
until law provides
the contrary.

2007

indemnities, in the
course of judicial
proceedings

The payment of
costs is fully
discretionary on
the Court.

NOTE:

ART. 38:
PECUNIARY
LIABILITIES;
ORDER OF

Costs (expenses
of the litigation)
are chargeable to
the accused in
case of

PAYMENT

Pecuniary
liabilities of
persons
criminally liable,
in the following
order:

The reparation of
the damage
caused
Indemnification of
the consequential
damages

Fine
Costs of
proceedings

NOTES:

bills and failed to


earn P300 worth
of salary. Given
that Juan only
has P1000 worth
of property not
exempt from
execution, it shall
first be applied to
the payment of
the watch and
ring which cannot
be returned, as
such is covered
by reparation of
the damage
caused, thus, no.
1 in the order of
payment. The 500
and 300 are
covered by
indemnification
of the
consequential
damage, thus,
no. 2 in the
order of payment.

It is applicable in
case the
properties of the
offender are not
sufficient for the
payment of all his
pecuniary
liabilities. Hence,
if the offender has
insufficient or no
property, there is
no use for Art 38.

QuickTime and a

TIFF (Uncompressed)
decompressor are needed to see
this picture.

ART. 39:
SUBSIDIARY
PENALTY

Order of payment
is mandatory.

NOTES:

Ex. Juan inflicted


serious physical
injuries against
Pedro and took
the latters watch
and ring. He
incurred P500
worth of hospital

When the penalty


prescribed is
imprisonment, it is
the penalty
actually imposed
by the Court, not
the penalty
provided for by
the Code, which

should be
considered in
determining
whether or not

subsidiary penalty
should be
imposed.

There is no
subsidiary penalty
for non-payment
of reparation,
indemnification
and costs in par
1, 2 and 4 of Art
38. It is only for
fines.

Art 39 applies
only when the
convict has no
property with
which to meet the
fine in par 3 of art
38. Thus, a
convict who has
non-exempt
property enough
to meet the fine
cannot choose to
serve the
subsidiary penalty
instead of
payment of the
fine.
Subsidiary
imprisonment is
not an accessory
penalty. It is
covered by Arts.

40-45 of this
Code. Accessory
penalties are
deemed imposed
even when not
mentioned, while
subsidiary
imprisonment
must be expressly
imposed.

RULES AS TO
SUBSIDIARY
PENALTY

If the penalty
imposed is prisin
correccional or
arresto and fine
subsidiary
imprisonment is
not to exceed 1/3
of the term of the
sentence, and in
no case to
continue for more
than one year.
Fraction or part of
a day, not
counted.
When the penalty
imposed is fine
only
subsidiary
imprisonment is:

not to exceed 6
months if the
culprit is
prosecuted for
grave or less
grave felony, and

not to exceed 15
days if
prosecuted for
light felony.
When the penalty
imposed is higher
than prisin
correccional no
subsidiary
imprisonment.

If the penalty
imposed is not to
be executed by
confinement, but
of fixed duration
subsidiary penalty
shall consist in
the same
deprivations as
those of the
principal penalty,
under the same
rules as nos. 1, 2
and 3 above.
In case the
financial
circumstances of
the convict should
improve, he shall
pay the fine,
notwithstanding

the fact that the


convict suffered
subsidiary
personal liability
therefor.

WHERE NO
SUBSIDIARY
PENALTY
SHALL BE
IMPOSED:

The penalty
imposed is higher
than prisin
correccional or 6
years,

For non-payment
of reparation or
indemnification,
For non-payment
of costs, and
Where the
penalty imposed
is a fine and
another penalty
without fixed
duration, like

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censure.

Section Three.
Penalties in
which other
accessory
penalties are
inherent

Principal
Penalties
ART. 40:
DEATH; ITS
ACCESSORY
PENALTIES

ART. 41:
RECLUSION
PERPETUA
AND
RECLUSION
TEMPORAL;
THEIR
ACCESSORY
PENALTIES

ART. 42:
PRISION
MAYOR; ITS
ACCESSORY

PENALTIES

ART. 43:
PRISION
CORRECCION
AL; ITS

ACCESSORY
PENALTIES

ART. 44:
ARRESTO; ITS
ACCESSORY
PENALTIES

Outline Of
Accessory
Penalties
Inherent In

Death, if not
executed
because of
commutation or
pardon

perpetual
absolute
disqualification
civil interdiction
during 30 years
(if not expressly
remitted in the
pardon)
Reclusion
Perpetua and
Reclusion
Temporal
civil interdiction
for life or during
the sentence
perpetual
absolute
disqualification
(unless
expressly
remitted in the
pardon)

Prision Mayor
temporary
absolute
disqualification
perpetual
special
disqualification
from suffage
(unless
expressly

remitted in the
pardon)
Prision
Correccional
suspension from
public office,
profession or
calling
perpetual
special
disqualification
QuickTime and a

fromTIFF
suffraged)
ifthessorduration of

(Uncompress
decompr

the
are needed to see this picture.

imprisonment
exceeds 18
months (unless
expressly
remitted in the
pardon)

NOTES:

The accessory
penalties in Art
40-44 must be
suffered by the
offender,
although
pardoned as to
the principal
penalties. To be
relieved of these
penalties, they
must be
expressly
remitted in the
pardon.

No accessory
penalty for
destierro

Persons who
served out the
penalty may not
have the right
to exercise the
right of
suffrage. For a
prisoner who
has been
sentenced to
one year of
imprisonment
or more for any
crime, absolute
pardon restores
to him his
political rights.
If the penalty is
less than one
year,
disqualification
does not attach
except if the
crime done was
against
property.
The nature of
the crime is
immaterial
when the
penalty
imposed is one
year
imprisonment
or more.
The accessory
penalties are
understood to
be always
imposed upon
the offender by
the mere fact
that the law

fixes a certain
penalty for the
crime.

PERPETUA

The accessory
penalties do not
affect the
jurisdiction of the
court in which
the information
is filed because
they do not
modify or alter
the nature of the
penalty provided
by law. What
determines
jurisdiction in
criminal cases is
the principal
penalty.

RECLUSION

LIFE
IMPRISONMEN
T

Specific
duration
of

no definite
term or

20 years and 1
day

accessory
penalties
Imposable
on

to 40
years
and

Imposable
on
crimes

felonies
punished by

punishable
accessory
penalties

by
special

the RPC

laws

Every penalty
imposed carries
with it the
forfeiture of the
proceeds of the
crime and the
instruments or
tools used in
the commission
of the crime.
The proceeds
and
instruments/tool
s of the crime
are confiscated
in favor of the
government.
ART. 45:
CONFISCATION
AND
FORFEITURE
OF THE
PROCEEDS OR
INSTRUMENTS
OF THE CRIME

The property of
3rd persons (not
liable for the
offense) is not
subject to
confiscation
and

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forfeiture.

Property not
subject of lawful
commerce
(whether it
belongs to the
accused or a 3rd
person) shall be
destroyed.

NOTES:

There cannot be
confiscation or
forfeiture unless
theres a criminal
case filed, tried
and accused is
convicted.
Third person must
be indicted to
effect confiscation
of his property.

Instruments of the
crime belonging
to an innocent 3rd
person may be
recovered.

Confiscation can
be ordered only if
the property is
submitted in
evidence or
placed at the
disposal of the
court.

When the order of


forfeiture has
already become
final, the articles
which were
forfeited can not
be returned, even
in case of an
acquittal.
There must be
conviction by final
judgment.
However, even if
the accused is
acquitted on
reasonable doubt,
but the
instruments or
proceeds are
contraband, the

judgment of
acquittal shall
order their
forfeiture for
appropriate
disposition.
Confiscation &
forfeiture are
additional
penalties. When
the penalty
imposed did not
include the
confiscation of the
goods involved,
the subsequent
confiscation &
forfeiture of said
goods would be
an additional
penalty,
amounting to an
increase of the
penalty already
imposed, thereby
placing the
accused in double
jeopardy. In case
the accused
appeals,
confiscation and
forfeiture not
ordered by the
trial court may be
imposed by the
appellate court

The government
can not appeal
the modification
of a sentence if
the defendant did
not appeal. But if
the defendant
appeals, it
removes all bars
to the review and
correction of the
penalty imposed
by the court
below, even if an
increase thereof
should be the
result

QuickTime and a

When Art. 45
cannotTIFF(Uncompresse
d)applydecompressor:

Chapter Four

APPLICATION
OF PENALTIES

Section One.
Rules for the
application of
penalties to the
persons
criminally liable
and for the
graduation of
the same.

are needed to see this picture.

1.
The
instruments
belong to
innocent third
parties

2.
Such
properties have
not been placed
under the
jurisdiction of the
court

3. When it is
legally or
physically
impossible.

ART. 46:
PENALTY TO BE
IMPOSED UPON

PRINCIPALS IN
GENERAL

GENERAL
RULE: The
penalty
prescribed by law
in general terms
shall be imposed:

upon the
principals
for consummated
felony

EXCEPTION:
when the law
fixes a penalty for
the frustrated or
attempted felony.
Whenever it is
believed that the
penalty lower by
one or two
degrees
corresponding to
said acts of
execution is not
proportionate to
the wrong done,
the law fixes a
distinct penalty for
the principal in
the frustrated or
attempted felony.

The Graduation
Of Penalties
Refers To:

By degree
stages of
execution
(consummated,
frustrated,
attempted)

degree of the
criminal
participation of
the offender
(principal,
accomplice,
accessory)

By period
(minimum,
medium,
maximum) refers to the

proper period of
the penalty w/c
should be
imposed when
aggravating or
mitigating
circumstances
attend the
commission of the
crime

ART. 47: IN WHAT


CASES THE
DEATH PENALTY
SHALL NOT BE
IMPOSED

Death Penalty
Not Imposed In
The Following
Cases:

1.
under
age - when the
offender is under
18 yrs of age at
the time of
commission.

Why? - Because
minority is always
a mitigating
circumstance

over age - when


the person is
more than 70
years old at time
RTC sentenced
him 3. no court
majority - when
upon appeal or

Page 40 of 174

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automatic review
of the case by the
SC, the vote of
eight members is
not obtained for
the imposition of
death

JUSTIFICATION
FOR THE DEATH
PENALTY: social
defense and
exemplarity. Not
considered cruel
and unusual
because it does
not involve torture
or lingering death.

CRIMES
PUNISHABLE
BY DEATH
UNDER THE
DEATH
PENALTY LAW
(RA 7659)

Treason
Qualified Piracy

Qualified Bribery
Parricide
Murder
Infanticide
Kidnapping and
Serious Illegal
Detention
Robbery with
Homicide, Rape,
Intentional
Mutilation,
Arson

or

9.
Rape
with the use of a
deadly weapon,
or by two or more
persons

where the victim


became insane
with Homicide
Qualified Rape
Destructive Arson
Plunder
Violation of
certain provisions
of the
Dangerous Drugs
Act
14. Carnapping

ART.48:
PENALTY FOR

COMPLEX
CRIMES

2 or more less
grave felonies

COMPLEX
CRIME
although there
actually are two
or more crimes,
the law treats
them as
constituting only
one- as there is
only one criminal
intent. Only one
information need
be filed.

complex crime
proper when an
offense is a
necessary means
for committing
another

Kinds Of
Complex
Crimes:

compound crime
single act
constitutes 2 or
more grave or
less grave
felonies

Requisites:
QuickTime and a

a.
thatTIFFonly(Uncompressoned)sin
gledecompressoract is
performed

Requisites:

that at least 2
offenses are
committed

that one or some


of the offenses
must be
necessary to
commit the other
that both or all the
offenses must be
punished under
the same statute

are needed to see this picture.

by the offender
that the single act
produces
2 or more grave
felonies
one or more
grave and one or
more less grave
felonies

No Single Act In
The Following
Cases:

when 2 persons
are killed one
after the other, by
different acts,
although these 2
killings were the

result of a single
criminal impulse.
The different acts
must be
considered as
distinct crimes.
when the acts are
wholly different,
not only in
themselves, but
also because they
are directed
against 2 different
persons, as when
one fires his gun
twice in
succession, killing
one and injuring
the other.

Light felonies
produced by the
same act should
be treated and
punished as
separate
offenses, or may
be absorbed by
the grave felony.

NOTES:

When in
obedience to an
order, several
accused
simultaneously
shot many
persons, w/o
evidence how
many each killed,
there is only a
single offense,
there being a
single criminal
impulse.

For the
attainment of a
single purpose
w/c constitutes an
offense, various
acts are
executed, such
acts must be
considered only
as one offense.
(Gregorio does
not agree with
this.)
When a complex
crime is charged
and one offense
is not proven, the
accused can be
convicted of the
other.
There is no
complex crime of
arson w/
homicide.
Art 48 is
applicable to
crimes through
negligence.
Kidnapping the
victim to murder
him in a
secluded place
ransom wasnt
paid so victim
was killed.
Kidnapping was a
necessary means
to commit murder.
But where the
victim was taken
from his home but
it was solely for
the purpose of
killing him and not
for detaining him
illegally or for the
purpose of
ransom, the crime
is simple murder.

Necessary
means does
not mean
indispensable
means.
Indispensable

Page 41 of 174

would mean it is
an element of the
crime. The crime
can be committed
by another mean.

Criminal Law Summer


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ATENEO CENTRAL BAR OPERATIONS 2007


to commit the
malversation.
The means
actually employed
(another crime)
was merely to
facilitate and
insure the
consummation of
the crime.
It is not a complex
crime when
trespass to
dwelling is a direct
means to commit a
grave offense. Like
rape, there is no
complex crime of
trespass to
dwelling with rape.
Trespass will be
considered as
aggravating
(unlawful entry or
breaking part of a
dwelling)
When the offender
had in his
possession the
funds w/c he
misappropriated,
the falsification of
a public or official
document
involving said
funds is a separate
offense. But when
the offender had to
falsify a public or
official document
to obtain
possession of the
funds w/c he
misappropriated,
the falsification is a
necessary means

There is no complex
crime of rebellion w/
murder, arson,
robbery or other
common crimes.
They are mere
ingredients of the
crime of rebellion
absorbed already.
(according to
Ortega, complex)
When 2 crimes
produced by a single
act are respectively
within the exclusive
jurisdiction of 2
courts of different
jurisdiction, the court
of higher jurisdiction
shall try the complex
crime.
Art. 48 is intended to
favor the culprit.
The penalty for
complex crime is the
penalty for the most
serious crime, the
same to be applied
in its maximum
period. If the
different crimes
resulting from one
single act are
punished w/ the
same penalty, the
penalty for any one
of them shall be
imposed, the same
to be applied in the
maximum period.
The same rule shall
be observed when
an offense is a

necessary means
to commit the
other.
A complex crime of
the second form
may be committed
by two persons.

But when one of


the offenses, as a
means to commit
the other, was
committed by one
of the accused by
reckless
imprudence, the
accused who
committed the
crime by
reckless
imprudence is
liable for his acts
only. QuickTime and a TIFF
(Uncompressed) decompressor
are needed to see this picture.

When two
felonies
constituting a
complex crime are
punishable by
imprisonment and
fine, respectively,
only the penalty of
imprisonment shall
be imposed.
Reason: Fine is
not included in the
list of penalties in
the order of
severity and it is
the last in the
graduated scales
in Art. 71.

When a
single act
constitutes two
grave or less grave
or one grave and

another less grave,


and the penalty for
one is

imprisonment while
that for the other is
fine, the severity of
the penalty for the
more serious crime
should not be judged
by the classification
of each of the
penalties involved,
but by the nature of
the penalties.

In the order of
severity of the
penalties, arresto
mayor and arresto
menor are
considered more
severe than
destierro and arresto
menor is higher in
degree than
destierro.

There is NO
COMPLEX CRIME
in the following:

In case of continuing
crimes
When one offense is
committed to
conceal the other

When the other


crime is an
indispensable part or
an element of the
other offenses as
defined

Where one of the


offenses is
penalized by a
special law

When the law


provides one
single penalty for
special complex
crime:

Robbery with
Homicide
Robbery with Rape
Rape with
Homicide

three groups, where


a person committing
multiple crimes is
punished with only
one penalty:
a. when the
offender commits
any of
the complex
crimes defined in Art.

48
b. when the law
specifically fixes a
single penalty for
2

Kidnapping with
Serious Physical
Injuries

or

Kidnapping with
Homicide

offenses committed:

more

robbery
PLURALITY OF
CRIMES
consists in the
successive
execution by the
same individual of
different criminal
acts upon any of
which no
conviction has yet
been declared.

w/
homicide,
kidnapping

w/
serious physical
injuires

Kinds Of Plurality
Of Crimes:

Formal or Ideal
only one criminal
liability. Formal or
ideal crimes are
further divided into

when the offender


commits continued
crimes
Real Or Material
there are different
crimes in law as well
as in the conscience
of the offender. In

such cases, the


offender shall be
punished for each

and every offense


that he committed.

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2007

Penalty for the more

ART 49

imposed in its
maximum

ART 48

serious crime shall


be

period

imposed in its
maximum

period

one crime because


there is unity of
thought in the
criminal purpose of
the offender.

CONTINUED
CRIME refers to a
single crime
consisting of a
series of acts but all
arising from one
criminal resolution.
Although there is a
series of acts, there
is only one crime
committed, so only
one penalty shall be
imposed.

Ex of continued
crimes:

A collector of a
commercial firm
misappropriates for
his personal use
several amounts
collected by him
from different
persons. There is
only one crime
because the
different and
successive
appropriations are
but the different
moments during w/c
one criminal
resolution arises.

NOTE: A continued
crime is not a
complex crime, as
the offender does
not perform a single
act but a series of
acts. Therefore:
penalty not to be
imposed in the
maximum
no actual provision
punishing continued
crime It is a
principle applied in
connection with 2 or
more crimes
committed with a
single intention.

NOTE: A continued
(continuous or
continuing) crime is
different from a
transitory crime.
Transitory crime is
moving crime.

REAL/MATERIAL

CONTINUED CRIME
Juan steals 2 books
belonging to 2
different persons.
He commits only

Each act performed


constitutes

Different acts
constitute

PLURALITY

a separate crime
because

only one crime


because
There is a series of
acts

Same
each act is generated
by a

performed by the
offender
all of the acts
performed

criminal impulse

arise from one


criminal

PLURALITY OF
CRIMES

RECIDIVISM

resolution.

ART. 49: PENALTY


TO BE IMPOSED
UPON THE
PRINCIPALS
WHEN THE CRIME
COMMITTED IS
DIFFERENT FROM
THAT INTENDED

No conviction of the
crimes

There must be
conviction

committed

by final judgment of the


first

prescribes a higher
penalty for either of
the latter, the
penalty for the
attempted or
frustrated crime
shall be imposed in
its maximum period.

NOTES:

prior offense

RULES:

If the penalty for the


felony committed be
higher than the
penalty for the
offense which the
accused intended to
commit, the lower
penalty shall be
imposed in its
maximum period.
If the penalty for the
felony committed be
lower than the
penalty for the
offense which the
accused intended to
commit, the lower
penalty shall be
imposed in its
maximum period.
If the act committed
also constitutes an
attempt or frustration
of another crime,
and the law

Art. 49 has
reference to the
provision in the 1st
par of Art .4 which
provides that
criminal liability shall
be incurred by any
person committing a
felony although the
wrongful act done
be different from that
which he intended.

Art. 49 is applicable
only in cases when
there is a mistake in
identity of the victim
of the crime (error in
personae) and the
penalty for the crime
committed is
different from that for
the crime intended
to be committed.
Art. 49 also has no
application where a
more serious
consequence not
intended by the
offender befalls the
same person.
In Art. 49, pars. 1
and 2, the lower
penalty in its
maximum period is
always imposed.

In Par. 3 the penalty


for the attempted or
frustrated crime
shall be imposed in
its maximum period.
This rule is not
necessary and may
well be covered by
Art. 48, in view of
the fact that the
same act also
constitutes an
attempt or a
frustration of another
crime.

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Art. 50: Penalty to


be imposed upon
principals of a
frustrated crime

Art. 51: Penalty to


be imposed upon
principals of
attempted crimes

Art. 52: Penalty to


be imposed upon
accomplices in
consummated
crime Art. 53:
Penalty to be
imposed upon
accessories to the
commission of a

Page 43 of 174

consummated
felony

Art. 54: Penalty to


imposed upon
accomplices in a
frustrated crime

Art. 55: Penalty to


be imposed upon
accessories of a
frustrated crime
Art. 56: Penalty to
be imposed upon
accomplices in an
attempted crime
Art. 57: Penalty to
be imposed upon
accessories of an
attempted crime

Distinctions
between Degree
and Period

Degree

committed
considering
consisting
of

Period

the

the stages of
execution
maximum,
medium,

and
the
degree
of
and
Refers
minimum,
to
after
the
penalty
Refers to the
duration

participation
of
the

imposable for a

considering

felony

the

of
the
penalty

offender

presence or
absence

May
refer
to

both
of

Refers
only

aggravating

to

divisible and
indivisible
divisible penalties

penalties
circumstances

APPLICATION OF
ARTICLE 50 TO 57
Accessory
2 less
Participation

3 less

Consummated

4 less
Frustrated
Attempted

NOTES:
Principal
Penalty
1 less
2 less

imposed by law

NOTE: The rules


provided in Arts. 53,
55 and 57 do not
apply if the felony is
light because
accessories are not
liable for the same.

Accomplice
1 less
2 less
3 less

ART. 58:
ADDITIONAL
PENALTY TO BE
IMPOSED UPON
CERTAIN
ACCESSORIES

NOTE: Art. 58 is
limited only to grave
and less grave
felonies since it is
not possible to have
accessories liable
for light felonies. It is

further limited to
those whose
participation in the
crime is
characterized by
the misuse of public
office or authority.

Art. 50-57 are not applicable when the law


specifically prescribes the penalty for the
Additional Penalties for Public Officers who
are
frustrated and
attempted felony
or that to be
imposed upon the
accomplices and
accessories.
(examples:
qualified
seduction, flight to
enemy country,
kidnapping)

Degree one
whole penalty,
one entire penalty
or one unit of the
penalties
enumerated in the
graduated scales
provided for in Art.
71

Period one of 3
equal portions,
min/med/max of a
divisible penalty. A
period
of a divisible
penalty when
prescribed by the

QuickTime and a

Code as
aTIFFpenalty(Ucompressed)for
decompressorafelony, is in itself
a

are needed to see this picture.

degree.

accessories:
Absolute
Perpetual
Disqualification, if
the principal
offender is guilty
of a grave felony
Absolute
temporary
disqualification, if
the principal
offender is guilty
of less grave
felony

ART. 59:
PENALTY TO BE
IMPOSED IN
CASE OF
FAILURE TO
COMMIT THE
CRIME
BECAUSE THE

MEANS EMPLOYED
OR THE AIMS
SOUGHT ARE
IMPOSSIBLE

NOTES:

Basis for the


imposition of proper
penalty in impossible
crimes: social danger
and degree of
criminality shown by
the offender
The penalty for
impossible crime is
arresto mayor
(imprisonment of 1
month and 1 day to 6
months) or fine
ranging from 200-500
pesos.
Art. 59 is limited to
grave and less grave

Page 44 of 174

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felonies.

However,
considering Article
4, this article is
actually limited to

offenses against
persons or property.

ART. 60:
EXCEPTION TO
THE RULES
ESTABLISHED IN
ARTICLES 50 TO
57

Two cases where


the accomplice is
punished with the
same penalty
imposed upon the
principal:

ascendants,
guardians, curators,
teachers and any
person who, by
abuse of authority
or confidential
relationship, shall
cooperate as
accomplices in the
crimes of rape, acts
of lasciviousness,
seduction,
corruption of
minors, white slave
trade or abduction.
one who furnished
the place for the
perpetration of the
crime of slight
illegal detention

NOTE: Accessory
punished as
principal: Art 142
punishes an
accessory for
knowingly
concealing certain
evil practices

use of a falsified
document
use of a falsified
dispatch

ART. 61: RULES


FOR
GRADUATING

PENALTIES

The rules provided


in this Article should
also apply in
determining the
minimum of the
Indeterminate
Sentence Law
(ISL). It also applies
in lowering the
penalty by one or two
QuickTim
degreesand bya
reason of the
TIFF (Uncompressed) decompressor

Cases where
penalty imposed
on accessories
are one degree
lower instead of
two degrees:

knowingly using
counterfeited seal
or forged signature
or stamp of the
President of the
Republic
illegal possession
and use of false
treasury or bank
note

presence of the
privilegedarenedmitigatin
gtoseethispicture.circumstan
ce, or when the penalty
is divisible and there
are two or more
mitigating
circumstances and
there are no
aggravating
circumstances.

GRADUATED
SCALE IN ART. 71

Indivisible
Penalties:

Death
Reclusion Perpetua

when the penalty is


composed of two
indivisible penalties;
or

when the penalty is


composed of one or

Divisible
Penalties:
(maximum,
medium,
minimum)

Reclusion Temporal
Prision Correcional

more divisible
penalties to be
imposed to their full
extent

the penalty next


lower in degree
shall be that
immediately
following the lesser
of the penalties
prescribed

Arresto Mayor
Destierro
Arresto Menor
Public Censure
Fine

RULES TO BE
OBSERVED IN
LOWERING THE
PENALTY BY ONE
OR TWO
DEGREES

Rule No. 1: when


the penalty is single
and indivisible (ex.
RP), the penalty
next lower shall be
reclusion temporal.

Rule No. 3: when


the penalty is
composed of 1 or 2
indivisible penalties
and the maximum
period of a divisible
penalty
Ex. penalty for
murder is reclusion
temporal to death.
The point of
reference will be on
the proper divisible
penalty which is RT.

Under the 3rd rule,


the penalty next
lower to RT is
composed of the
medium and
minimum periods of
RT and the max of
prision mayor.

Rule No. 2:
Rules 4 and 5:

if the penalty
prescribed in the
Code consists of
three periods
corresponding to
different divisible
penalties, the
penalty next lower
is that consisting in
the three periods
down the scale

if the penalty
prescribed in the
Code consists of
two periods, the
penalty next lower
is that consisting in
two periods down
the scale

if the penalty
prescribed in the
Code consists in
only one period, the
penalty next lower
is the next period
down in the scale

NOTE: Mitigating
and Aggravating
circumstances are
first disregarded in
the application of
the rules for
graduating
penalties. It is only
after the penalty
next lower in
degree is already
determined that the
mitigating and
aggravating
circumstances
should be

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MITIGATING OR
AGGRAVATING

CIRCUMSTANCES
AND OF
HABITUAL

DELINQUENCY

2007

considered.

ART. 62: EFFECT


OF THE
ATTENDANCE OF

Par. 1: Aggravating
circumstances are
not to be taken into
account when:

they themselves
constitute a crime.
Ex. by means of
fire arson
they are included
by law in the
definition of a crime

Par. 2: Same rules


apply when the
aggravating
circumstance is
inherent in the
crime

material execution
of the act
means employed to
accomplish the
crime

Par. 5: Habitual
Delinquent is a
person who within
the period of 10
years from the date
of his (last) release
or last conviction of
the crimes of:
Falsification

Par. 3: Aggravating
or mitigating
circumstances
arising from any of
the following affect
only those to whom
such circumstances
are attendant:

Robbery

from the moral


attributes of the
offender

is found guilty of
any of the said
crimes a third time
or oftener.

from his private


relations w/ the
offended party

Estafa
Theft
Serious or less
serious physical
injuries

NOTES: TIFF

QuickTime and a
(Uncompressed) decompressor

from any other


personal cause

Par. 4: the
circumstances
which consist of the
following shall
serve to aggravate
and mitigate the
liability only of
those who had
knowledge of them
at the time of the
commission of the
offense

are needed to see this picture.

Effects of the
circumstances:
o Aggravating
circumstances
(generic

and specific)
have the
effect
of

increasing
the

release or
conviction

penalty,
without
however
exceeding
the

Subsequent crime
must be committed
after conviction of
the former crime.
Cases still pending
are not to be taken
into consideration.

maximum period
provided
by
law.
o Mitigating
circumstances have
the

HABITUAL

RECIDIVISM

effect ofdiminishing
the
penalty.

o
Habitual
delinquency has
the effect, not only
of increasing the
penalty because of
recidivism which is
generally implied in
habitual
delinquency, but
also of imposing an
additional penalty.

DELINQUENCY

Crimes to be
committed
Ten year period to
be computed from
the time of last

Same title

time or oftener

are specified

Additional penalty is

W/ in 10 years

Is not offset by MC,

No time fixed by
law
imposed

increases penalty to

Must be found guilty


3rd

Second conviction

maximum

REQUISITES Of
Habitual
Delinquency:

that the offender


had been convicted
of any of the crimes
of serious or less
serious physical
injuries, robbery,
theft, estafa or
falsification

that after conviction


or after serving his
sentence, he again
committed, and,
within 10 years
from his last
release of first
conviction, he was
again convicted of
any of the said
crimes for the
second time

that after his


conviction of, or

after serving
sentence for the
second offense, he
again committed,
and, within 10 years
from his last release
or last conviction,
he was again
convicted of any of
said offenses, the
third time or oftener

Rulings on
Habitual
Delinquency:

The law on habitual


delinquency does
not contemplate the
exclusion from the
computation of prior
conviction those
falling outside the
10-year period
immediately
preceding the crime
for which the
defendant is being
tried.
Ten-year period is
counted not from
the date of
commission of the
subsequent offense
but from the date of
conviction thereof in
relation

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to the date of his


last release or last
conviction.

When an offender
has committed
several crimes
mentioned in the
definition of habitual
delinquent, without
being first convicted
of any of them
before committing
the others, he is not
a habitual
delinquent.

Convictions on the
same day or at
about the same
time are considered
as one only (days,
weeks..).
Crimes committed
on the same date,
although
convictions on
different dates are
considered as one.
Previous
convictions are
considered every
time a new offense
is committed.

Commissions of
those crimes need
not be
consummated.

Habitual
delinquency applies
to accomplice and
accessories.

A crime committed
during the minority
of the offender is
not counted
because
proceedings as
regards that crime
are suspended.
Imposition of
additional penalty is
mandatory and
constitutional.
Modifying
circumstances are
applicable to
additional penalty.

Habitual
delinquency is not a
crime. It is simply a
fact or circumstance
which if present
gives rise to the
imposition of
additional penalty.
Penalty for habitual
delinquency is a
real penalty that
determines
jurisdiction.

A habitual
delinquent is

necessarily a
recidivist.

In imposing the
additional penalty,
recidivism is not
aggravating. The
additional penalty
must be imposed in
its minimum.

Habitual
delinquency applies
at any stage of the
execution because
subjectively, the
offender reveals the
same degree of
depravity or
perversity as the
one who

An offender can be
a habitual
delinquent without
being a recidivist,
when no two of the
crimes committed
are embraced in the
same title of the
Code. (Reyes)

NOTES:

In no case shall the


total penalties
imposed
upon the offender
exceed 30 years.
QuickTime and a

The
impositionTIFF(Uncofmpressthe
d)additionaldecompressor
penalties on

commits a
consummated
crime.

Habitual
delinquency applies
to all participants
because it reveals
persistence in them
of the inclination to
wrongdoing and of
the perversity of
character that led
them to commit the
previous crime.

are needed to see this picture.

habitual delinquents
are constitutional, it
is simply a
punishment on
future crimes on
account of the
criminal
propensities of the
accused.

The imposition of
such additional
penalties are
mandatory.

ART. 63: RULES


FOR THE
APPLICATION OF

INDIVISIBLE
PENALTIES

Rules for the


application of

indivisible
penalties:

Penalty is single
and indivisible
applied regardless
of the presence of
aggravating and
mitigating
circumstances
Penalty composed
of two indivisible
penalties
One aggravating
circumstance
present higher
penalty

GENERAL RULE:
When the penalty is
composed of 2
indivisible penalties,
the penalty cannot
be lowered by one
degree, no matter
how many
mitigating
circumstances are
present

EXCEPTION: In
cases of privileged
mitigating
circumstances

One mitigating
circumstance
present
lower penalty
Some mitigating
circumstances
present and no
aggravating lower
penalty
Mitigating and
Aggravating
Circumstances are
present basis in
number and
importance
NOTES:
Art 63 applies only
when the penalty
prescribed by the
Code is either one
indivisible penalty
or 2 indivisible
penalties.
Par.4: the moral
value rather than
the numerical
weight shall be
taken into account.

ART. 64: RULES


FOR THE
APPLICATION OF
PENALTIES
WHICH CONTAIN
THREE PERIODS

Rules For The


Application Of
Divisible
Penalties:

No aggravating and
no mitigating
circumstances
medium period
One mitigating
circumstance
minimum period

One aggravating
circumstance
maximum period

Mitigating and
aggravating
circumstance offset

each other and


according to relative

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weight

2 or more mitigating
without any
aggravating
circumstance one
degree lower

NOTES:

Art. 64 applies
when the penalty
has 3 periods
because they are
divisible. If the
penalty is
composed of 3
different penalties,
each forms a period
according to Art. 77
Par. 4: the
mitigating
circumstances must
be ordinary, not
privileged. The
aggravating
circumstances must
be generic or

specific, not
qualifying or
inherent.
the court has
discretion to impose
the penalty within
the limits fixed by
law

Art. 64 not
applicable when the
penalty is indivisible
or prescribed by
special law or a fine
Cases where the
attending
aggravating or
mitigating
circumstances are
not considered in
the imposition of
penalties:
Penalty that is
single and
indivisible Felonies
through negligence

Where the penalty


is only a fine
imposed by an
ordinance (subject
to discretion of
court see Article
66)
Penalty is
prescribed by a
special law

ART. 65: RULE IN


CASES IN WHICH

THE PENALTY IS
NOT COMPOSED
OF THREE
PERIODS

Computations:

6 years (minimum
of the minimum) + 2
years (difference)

-----------------------------------------8 years (maximum


of the minimum).

Example: Prision
Mayor (6 years, 1
day to 12 years)

subtract the
minimum (disregard
1 day) from the
maximum

Therefore, minimum
period of prision
mayor = 6 years 1
day to 8 years

12 years 6 years
= 6 years

Divide the
difference by 3.

6 years / 3 = 2
years

3. Use the
minimumQuickTim(6yearsa
nd aand 1 day) as the
minimum
ofTIFFthe(Uncompressed)minimumdeco
mpressorperiod.

Then add

are n eded to see this picture.

the 2 years
(disregarding the 1
day) to the
minimum to get the
maximum of the
minimum period.

Use the maximum


of the minimum
period as the
minimum of the
medium period and
add 1 day to
distinguish from the
minimum period.
Then add 2 years to
the minimum of the
medium
(disregarding the 1
day) to get the
maximum of the
medium period.

8 years (minimum
of the medium) + 2
years (difference)

------------------------------------------

10 years (maximum
of the medium)

Therefore, medium
period of prision
mayor = 8 years 1
day to 10 years

use the maximum


of the medium
period as the
minimum of the
maximum pd, and
add 1 day to
distinguish it from
the maximum of the
medium period.
Then add 2 years to
the minimum of the
maximum pd
(disregarding the 1
day) to get the
maximum of the
maximum period)

10 years (maximum
of the medium) + 2
years (difference)
---------------------------------------------

12 years (maximum
of the maximum)

Therefore,
maximum period of
prision mayor = 10
years 1 day to 12
years

*Computation
above is applicable
to all others except
to arresto mayor.

Example: Prision
Mayor minimum (6
years 1 day to 8
years) only

Subtract minimum
from the maximum.
8 years 6 years =
2 years

Divide the
difference by 3.

2 years / 3 = 8
months

Use the minimum of


the given example
as the minimum
period. Then to get
to get the maximum
of the minimum,
add the 8 months.
6 years + 8 months
= 6 years and 8
months

Therefore, minimum
of prision mayor
minimum = 6 years
1 day to 6 years 8
months

Use the maximum


of the minimum as
the minimum of the
medium period. Add
1 day to distinguish
it from the
maximum of the
minimum. Add the 8
months and this

Page 48 of 174

ART. 66:
IMPOSITION OF
FINES

Therefore,
maximum of prision
mayor = 7 years, 4
months, 1 day to 8
years

Criminal
Law
Summer
Reviewer
1. The

ATENEO CENTRAL
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2007

becomes the
maximum of the
medium

6 years 8 months +
8 months = 7 years
4 months

Therefore, the
medium period of
prision mayor
minimum = 6 years,
8 months 1 day to 7
years, 4 months

Use the maximum


of the medium as
the minimum period
of the maximum
period and add 1
day to distinguish.
Add the 8 months to
get the maximum of
this maximum
7 years 4, months +
8 months = 8 years

court can fix any


amount of the fine
within the limits
established by law.

Court must consider


the following in
imposing the fines:

mitigating and
aggravating
circumstances

more particularly,
the wealth and
means of the
culprit
The following may
also be considered
by the court:

the gravity of the


crime committed
the heinousness of
its perpetration

the magnitude of its


effects on the
offenders victims.

NOTE: When the


minimum of the fine
is not fixed, the
court shall have the
discretion, provided
it does not exceed
the amount
authorized by law.

ART. 67: PENALTY


TO BE IMPOSED
WHEN NOT ALL
THE REQUISITES
OF EXEMPTION
OF THE FOURTH
CIRCUMSTANCE
OF ARTICLE 12
ARE PRESENT

QuickTime and a

grave felony
arresto mayor max
to prision
correcional
minimum

less grave felony


arresto mayor min
to arresto mayor
medium

ART. 68: PENALTY


TO BE IMPOSED
UPON A PERSON
UNDER EIGHTEEN
YEARS OF AGE

TIFF (Uncompressed) decompressor

Requisites of Art. 12,are


par. to4:see this picture.

needed

act causing the


injury must be
lawful
act performed w/
due care
injury was caused
by mere accident
no fault or intention
to cause injury

NOTE: If these
conditions are not
all present, then the
following penalties
shall be imposed:

NOTE: Art. 68
applies to such
minor if his
application for
suspension of
sentence is
disapproved or if
while in the
reformatory
institution he
becomes
incorrigible, in
which case he shall
be returned to the
court for the
imposition of the
proper penalty.

Art. 68 provides
for 2 privileged

mitigating
circumstances:

If the act is
attended by two or
more mitigating
circumstances and
no aggravating
circumstance, the
penalty being
divisible, a minor
over 15 but under
18 may still get a
penalty two degrees
lower.
under 15 but over 9
and has acted w/
discretion: 2
degrees lower
under 18 but over
15: 1 degree lower

ART. 69: PENALTY


TO BE IMPOSED
WHEN THE CRIME
COMMITTED IS
NOT WHOLLY
EXCUSABLE

NOTE: Penalty to
be imposed when
the crime
committed is not
wholly excusable:1
or 2 degrees lower
if the majority of the
conditions for
justification or
exemption in the
cases provided in
Arts. 11 and 12 are
present.

ART. 70:
SUCCESSIVE
SERVICE OF

SENTENCE

NOTES:

The Three-Fold
Rule

Maximum duration
of the convicts
sentence: 3 times
the most severe
penalty imposed
Maximum duration:
shall not exceed 40
yrs
Subsidiary
imprisonment: This
shall be excluded in
computing for the
maximum duration.
The three-fold rule
shall apply only
when the convict is
to serve 4 or more
sentences
successively.

Different Systems
Of Penalty
(Relative To The
Execution Of Two
Or More Penalties
Imposed The
Same Accused)

1. Material
accumulation
system - No

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ART. 71:
GRADUATED
SCALES

ATENEO CENTRAL
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2007

limitation
whatsoever, and
accordingly, all the
penalties for all the
violations were
imposed even if
they reached
beyond the natural
span of human life.

To get the lower


degree:

Juridical
accumulation
system - Limited to
not more than
three-fold the length
of time
corresponding to
the most severe
and in no case to
exceed 40 years.
This is followed in
our jurisdiction.

ART. 76: LEGAL


PERIOD OF
DURATION OF

Absorption
system - The
lesser penalties are
absorbed by the
graver penalties.

Max: reduce by
one-fourth
Min: the same

DIVISIBLE
PENALTIES

ART. 77: WHEN


THE PENALTY IS A
COMPLEX ONE
COMPOSED OF
THREE DISTINCT
PENALTIES

NOTE: If there are


3 distinct penalties;
there shall be a
minimum, a medium
and a maximum.

Ex: Reclusion
temporal max to
death

ART. 72:
PREFERENCE IN
THE PAYMENT OF
THE CIVIL
LIABILITIES

ART. 74: PENALTY


HIGHER THAN
RECLUSION

PERPETUA IN
CERTAIN CASES
NOTE: The
penalties shall be
satisfied according
to the chronological
order of the dates of
the final judgment.
(Art. 70)

NOTE: If the
decision or law
says higher than
reclusion perpetua or 2
degreesQuickTime higheranda than
reclusion
TIFF (Uncompress d) decompressor
are penalty nededtosee thi s picture.

Section Three.
Provisions
common in the
last two preceding
sections

ART. 73:
PRESUMPTION IN
REGARD TO THE
IMPOSITION OF
ACCESSORY
PENALTIES

NOTE: Accessory
penalties are
deemed imposed
with the principal
penalty. However,
the subsidiary
imprisonment must
be expressly stated
in the decision, as it
is not considered an
accessory penalty.

temporal, then the


imposed is
reclusion perpetua
or reclusion
temporal as the
case may be, and
not death. Death
must be designated
by name. However,
for the other
penalties, this does
not apply.

Ex: the penalty for


crime X is 2
degrees lower than
RP. The penalty
imposed is prision
mayor.

Chapter Five

EXECUTION AND
SERVICE OF
PENALTIES

Section One.
General
Provisions

ART. 78: WHEN


AND HOW A
PENALTY IS TO

BE EXECUTED

NOTES:

Only a penalty by
final judgment can
be executed.
Judgment is final if
the accused has not
appealed within 15
days or he has
expressly waived in
writing that he will
not appeal.

There could be no
subsidiary liability if
it was not expressly
ordered in the
judgment.

ART. 79:
SUSPENSION OF
THE EXECUTION
AND SERVICE OF
THE PENALTIES
IN CASE OF
INSANITY

Cases of insanity:

After final sentence,


suspend the
sentence regarding
the personal
penalties.

If he recovers, the
sentence is
executed unless it
has prescribed.

The payment of civil


of pecuniary
liabilities shall not
be suspended.

ART. 75: INCREASING OR REDUCING THE

PENALTY OF FINE BY ONE OR MORE


DEGREES

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of the penalty one


degree lower than
that prescribed by
the RPC, without
considering the
circumstances.

INDETERMINATE
SENTENCE LAW
Act No. 4103 as
amended by Act
No. 4225

- It applies to both
violations of
Revised Penal
Code and special
laws, and is based
on the penalty
actually imposed.

BUT when there is


a privileged
mitigating
circumstance, so
that the penalty has
to be lowered by
one degree, the
STARTING POINT
for determining the
minimum term of
the indeterminate
penalty is the
penalty next lower
than that prescribed
by the Code for the
offense.

Indeterminate
sentence is
mandatory where
imprisonment
would exceed one
year.

IF THE PENALTY
IS IMPOSED BY
SPECIAL PENAL
LAW

IF THE PENALTY
IS IMPOSED BY
THE RPC:

The Maximum
Term must not
exceed the
maximum term
fixed by said law.

The Maximum
Term is that
which could be
properly imposed
under the RPC,
considering the
aggravating and
mitigating
circumstances.

The MinimumTerm
is within the range

The Minimum Term


must not be less
than the minimum
term prescribed by
the same.

For SPECIAL
LAWS, it is anything
within the inclusive
range of the
prescribed penalty.
Courts are given
discretion in the

imposition of the
indeterminate
penalty. The
aggravating and
mitigating
circumstances are
not considered
unless the special
law adopts the
same terminology
for penalties as
those used in the
RPC (such as
reclusin perpetua
and the like).

WHEN BENEFIT
OF THE ISL IS
NOT
APPLICABLE:

sentence

granted with
conditional pardon
by the President,
but violated the
terms thereof

maximum term of
imprisonment does
not exceed 1 year

The Indeterminate
SentenceQuickTimeLawand
a
shall not apply
TIFF (Uncompressed) decompressor to

the

following persons:areneeded to see this


picture.

sentenced to death
penalty or life
imprisonment

treason, or
conspiracy or
proposal to commit
treason
misprision of
treason, rebellion,
sedition or
espionage
piracy

sentenced to the
penalty of destierro
or suspension
only

RELEASE OF THE
PRISONER ON
PAROLE

The Board of
Pardons and Parole
may authorize the
release of a
prisoner on parole,
after he shall have
served the
minimum penalty
imposed on him,
provided that:

habitual
delinquents
escaped from
confinement, or
evaded

Such prisoner is
fitted by his training
for release,

There is reasonable
probability that he
will live and remain
at liberty without
violating the law,

Such release will


not be incompatible
with the welfare of
society.

ENTITLEMENT TO
FINAL RELEASE
AND DISCHARGE

If during the period


of surveillance such
paroled prisoner
shall: (a) show
himself to be a law
abiding citizen and,
(b) shall not violate
any law, the Board
may issue a final
certification in his
favor, for his final
release and
discharge.

SANCTION FOR
VIOLATION OF
CONDITIONS OF
THE PAROLE

When the paroled


prisoner shall
violate any of the
conditions of his
parole: (a) the
Board may issue an
order for his arrest,
and thereafter, (b)
the prisoner shall
serve the remaining
unexpired portion of
the maximum
sentence for which

he was originally
committed to
prison.

REASONS FOR
FIXING THE
MAXIMUM AND
MINIMUM TERMS
IN THE
INDETERMINATE
SENTENCE

The minimum and


maximum terms in
the IS must be
fixed, because they
are the basis for the
following:

Whenever a
prisoner has: (a)
served the
MINIMUM penalty
imposed on him,
and (b) is fit for
release of the
prisoner on parole,
upon terms and
conditions
prescribed by the
Board.

But when the


paroled prisoner
violates any of the
conditions of his
parole during the
period of
surveillance, he
may be rearrested
to
serve the remaining
unexpired portion of
the MAXIMUM
sentence.

3. Even if a prisoner
has already served
the MINIMUM, but
he is not fitted for
release on the

parole, he shall
continue to serve
until the end of the
MAXIMUM term.

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ART. 80:
SUSPENSION OF
SENTENCE OF
MINOR
DELINQUENTS
(AS REPEALED
BY PD 603: CHILD
AND YOUTH
WELFARE CODE)

Youthful offender
over 9 but under
18 at time of the
commission of the
offense
A child nine years of
age or under at the
time of the
commission of the
offense shall be
exempt from
criminal liability and
shall be committed
to the care of his or
her father or

mother, or nearest
relative or family
friend in the
discretion of the
court and subject to
its supervision.
The same shall be
done for a child
over nine years and
under fifteen years
of age at the time of
the commission of
the offense, unless
he acted with
discernment, in
which case he shall
be proceeded
against in
accordance with
Article 192.
A youthful offender
held for
examination or trial
who cannot furnish
bail will be
committed to the
DSWD/local
rehabilitation center
or detention home.

If the court finds


that the youthful
offender committed
the crime charged
against him, it shall
determine the
imposable penalty
and the civil liability
chargeable against
him, but it may not
pronounce
judgment of
conviction. Instead,

the court shall


suspend all further
proceedings if,
upon application of
the youthful
offender, it finds
that the best
interest of the public
and that of the
offender will be
served thereby.

EXCEPTIONS to
suspension of
sentence

institution would be
inadvisable.

When the youthful


offender has
reached the age of
twenty one while in
commitment, the
court shall
determine whethera. To dismiss the
case, if the youthful

those who
previously enjoyed
a suspension of
sentence

those convicted of
death or life
imprisonment
those convicted for
an offense by the
military tribunals

The youthful
offender shall be
returned to the
court for
pronouncementQuickTiand
ofa judgment, when
TIFF (Uncompressed) decompressor

the youthful
are
offender,neededtosee
this
(1)picturehas. been
found incorrigible,
or (2) has willfully
failed to comply
with the conditions
of his rehabilitation
programs; or (3)
when his continued
stay in the training

offender has
behaved properly
and has shown his
capability to be a
useful member of
the community; or
b.
To
pronounce the
judgment of
conviction, if the
conditions
mentioned are not
met.
In the latter case,
the convicted
offender may apply
for probation. In
any case, the
youthful offender
shall be credited in
the service of his
sentence with the
full time spent in
actual commitment
and detention.
The final release of
a youthful offender,
based on good

conduct as provided
in Art. 196 shall not
obliterate his civil
liability for
damages.
A minor who is
ALREADY AN
ADULT at the time
of his conviction is
not entitled to a
suspension of
sentence.
The records of the
proceeding shall be
privileged and shall
not be disclosed.

The civil liability of


the youthful
offender may be
voluntarily assumed
by a relative or a
friend.
The parent or
guardian of the
child is liable when
he aids, abets or
connives for the
commission of the
crime or does an
act producing,
promoting or
contributing to the
childs being a
juvenile delinquent.
penalties for the
parent or guardian:
Fine not exceeding
P500 and/or
imprisonment not
exceeding 2 years

PROBATION LAW
OF 1976

(PD 968, AS
AMENDED)

PROBATION - a
disposition under
which a defendant
after conviction and
sentence is
released subject to
conditions imposed
by the court and to
the supervision of a
probation officer

RULES ON
GRANT OF
PROBATION

After having
convicted and
sentenced a
defendant, the trial
court may suspend
the execution of the
sentence, and place
the defendant on
probation, upon
application by the
defendant within the
period for perfecting
an appeal.
Probation may be
granted whether the
sentence imposed a
term of
imprisonment or
fine only.
No application for
probation shall be
entertained or
granted if the
defendant has

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All information
relative to the
character,
antecedents,
environment,
mental, and
physical condition
of the offender

ATENEO CENTRAL
BAR OPERATIONS

2007

perfected an
appeal.

Filing of application
for probation
operates as a
waiver of the right
to appeal.

The order granting


or denying
probation shall not
be appealable.

Available
institutional and
community
resources.
Probation is to be
denied upon finding
of the court that:

The offender is
in need of
correctional
treatment
that can
be
provided
effectively

Accessory penalties
are deemed
suspended once
probation is
granted.
The convict is not
immediately placed
on probation. There
shall be a prior
investigation by the
probation officer
and a determination
by the court.

by
his
commitment
to an institution.

There is undue risk


of committing
another crime.

Probation will
depreciate the
CRITERIA FOR
grant of probation:

seriousness of the
offense

committed.
At any time during
probation, the court
may issue a warrant
for the arrest of a
probationer for any
serious violation of
the conditions of
probation. If
violation is
established, the
court may:
revoke his
probation, and thus
make him serve the
sentence originally
imposed, or

order the final


discharge of the
probationer. This
shall have the
following effects:

case is deemed
terminated
all civil rights lost or
suspended are
restored

offenders liability
for any fine
imposed is
discharged

continue his
probation and
modify its
conditions

The court order


shall not be subject
to appeal.
Probation is not
coterminous with
its period. There
must be an order
issued by the court
discharging the
probationer. Upon
finding that he has
fulfilled the terms
and

WHO ARE
DISQUALIFIED
FROM THE
BENEFITS OF
PROBATION:

Sentenced to serve
a maximum term of
imprisonment of
more the 6 years
Convicted of
subversion or any
crime against

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conditions TIFFof
(Uncompressed)hisprobation,decompres
sorthe court may

the

are needed to see this picture.

national security or
the public order
3.

Previously
convicted by final
judgment of an

He should report to
the probation
officer
at least once a
month.

offense punished by
imprisonment of

2. Discretionary
or
special

not less than 1


month and 1 day
and/or a

fine not less than


P200
4.
Already placed on
probation once

There are two


kinds of
conditions
imposed upon the
offender under
probation:

additional
conditions

which
the
court
may
additionally impose
for the
probationers
correction
and
rehabilitation
outside

Mandatory or
general once
violated, the
probation is
cancelled

prison.
The

enumeration
The offender under
probation must
present himself to
the probation
officer designated
to undertake his
supervision, at such
place as may be
specified in the
order, within 72
hours from receipt
of order.

is not
exclusive, as long
as the
probationers
Constitutional rights
are not
jeopardized.

Duration of
Probation Period:

1.
If the term
of imprisonment is
not more than one
year, probation shall
not exceed 2 years.

if the term of
imprisonment is
more than one year,
period shall not
exceed 6 years.

ART. 81: WHEN


AND HOW THE
DEATH

PENALTY IS TO
BE EXECUTED
ART. 82:
NOTIFICATION
AND EXECUTION
OF THE
SENTENCE AND
ASSISTANCE TO
THE CULPRIT

When the penalty is


a fine only and the
offender is made to
serve subsidiary
imprisonment,
probation shall be
twice the total
number of days of
subsidiary
imprisonment.

Section Two.
Execution of
principal penalties

NOTE: Designate a
working day, which
shall not be
communicated to
the offender before
the sunrise of

Page 53 of 174

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Law
Summer
Reviewer

ATENEO CENTRAL
BAR OPERATIONS

following such
notification.

ART. 83:
SUSPENSION OF
THE EXECUTION

2007
OF THE DEATH
SENTENCE
said day. The
execution shall not
take place until after
the expiration of at
least 8 hours

Death sentence
commuted to RP:

woman, while
pregnant
woman, within 1
year, after delivery

Destierro Shall
Be Imposed In
The Following

person over 70
years of age
convict who
becomes insane
after final sentence
of death has been
pronounced

ART. 84: PLACE


OF EXECUTION
AND PERSONS

WHO MAY
WITNESS THE
SAME

Cases:

death or serious
physical injuries is
caused or are
inflicted under
exceptional
circumstance

person fails to give


bond for good
behavior
concubines penalty
for the crime of
concubinage

ART. 85:
PROVISIONS
RELATIVE TO THE
CORPSE OF THE
PERSON
EXECUTED AND
ITS BURIAL

lowering the penalty


by degrees

ART. 86:
RECLUSION
PERPETUA,
RECLUSION
TEMPORAL,
PRISION MAYOR,
PRISION
CORRECCIONAL
AND ARRESTO
MAYOR

Convict shall not be


permitted to enter
the place
designated in the
sentence nor within
the radius specified,
which shall not be
more

Execution of
Destierro:

than 250 and notQuickTimelessthananda


25 km from the
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are needed to see this picture.

ART. 87:
DESTIERRO

place designated.
If the convict enters
the prohibited area,

he commits evasion
of sentence.

EXTINCTION OF
CRIMINAL
LIABILITY

ART. 88:
ARRESTO MENOR

NOTE:

Served where:
Chapter One
In the municipal jail
In the house of the
offender, but under
the

TOTAL
EXTINCTION OF
CRIMINAL
LIABILITY

surveillance of an
officer of the law
whenever the court
so provides in the
decision due to the
health of the
offender. But the
reason is not
satisfactory just
because the
offender is a
respectable
member of the
community.

ART. 89: HOW


CRIMINAL
LIABILITY IS
TOTALLY

EXTINGUISHED

PAR. 1. BY DEATH

NOTES:

Title Four

Extinguishment of
criminal liability is a
ground for motion to
quash.

Criminal liability
whether before or
after final judgment
is extinguished
upon death
because it is a
personal penalty.
Pecuniary penalty is
extinguished only
when death occurs
before final
judgment.
The death of the
offended party
however does not
extinguish criminal
liability of the
accused because it
is a crime against
the state.

PAR. 2. BY
SERVICE OF
SENTENCE

NOTES:

Crime is a debt,
hence extinguished
upon payment.
Service does not
extinguish civil
liability.

PAR. 3. BY
AMNESTY

Amnesty is an
act of the sovereign
power granting
oblivion or general
pardon. It wipes all
traces and vestiges
of the crime but
does not extinguish
civil liability.

Page 54 of 174

Criminal
Law
Summer
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from the power


entrusted with the
execution of laws,
which exempts the
individual from the
punishment the law
inflicts for the
crime.

ATENEO CENTRAL
BAR OPERATIONS

2007

PAR. 4. BY
ABSOLUTE
PARDON

Pardon an act of
grace proceeding

AMNESTY

PARDON

Exercised even before


trial or

Exercised when one is

Extended to classes
of

Exercised
individually

persons who may be


guilty of

by the President

political offenses

investigation

convicted

liability
Looks backward
and

Looks forward and

abolishes the
offense itself

A public act that


needs the

relieves the offender of


A private act of the

declaration of the
President

the consequences

President

with the
concurrence of

Does not extinguish


civil
Congress

Same

Prescription of a
crime is the
loss/forfeiture of the
right of the state to
prosecute the
offender after the
lapse of a certain
time.
Courts should take
judicial

NOTE: When the


crime prescribes,
the state loses the
right to prosecute

Must be pleaded and


QuickTime and a

PRESCRIPTIVE
PERIODSTIFF(Uncompressed)
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are needed to see this picture.

notice

1. Crimes
punishable by:
a. Death,
reclusin perpetua
or

proved

reclusin temporal
20 years

b. afflictive
penalties 15
years
c. correctional
penalties 10
years,

d. except those
punishable
by

PAR. 5. BY
PRESCRIPTION
OF CRIME

arresto mayor
which shall
prescribe
in 5 years

Crime of libel 1
year

Offenses of oral
defamation and
slander by

PRESCRIPTIVE
PERIODS OF
PENALTIES:

Death and
reclusin perpetua
20 years

deed 6 months

4. Light offenses
2 months

Other afflictive
penalties 15
years
Correctional
penalties 10
years, except for
the

When the penalty is


a compound one,
the highest penalty
shall be made the
basis of the
application of above
rules.

penalty
of arresto mayor
which
prescribes in 5
years
4. Light penalties
1 year

PAR. 6. BY
PRESCRIPTION
OF PENALTY

NOTE: means the


loss/forfeiture of the
right of government
to execute the final
sentence after the
lapse of a certain
time.

PAR. 6. BY
MARRIAGE OF
THE OFFENDED
WOMAN (ART.
344)

NOTE:

Conditions:

Crimes covered:

There must be final


judgment.

rape

The period must


have elapsed.

seduction
abduction

acts of
lasciviousness
The marriage must
be contracted in
good faith.

ART. 90:
PRESCRIPTION
OF CRIME

NOTES:

In computing for the


period, the first day
is excluded and the
last day included.
Period is subject to
leap years.

Page 55 of 174

When the last day


of the prescriptive
period falls on a
Sunday or a legal
holiday, the
information can no
longer be filed the
following day.
Simple slander
prescribes in 2
months and grave
slander in 6
months.

Since destierro is a
correctional
penalty, it
prescribes in 10
years. For afflictive
penalties, period is
15 years.
If it is a compound
penalty, basis will
be the highest
penalty.

Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

If fine is an alternative penalty (imposed When such proceedings terminate termination

together with a penalty lower than the fine),

that is final; an unappealed conviction or acquittal

fine shall be the basis.


Prescription begins to run from the discovery Unjustifiably stopped for any reason ex:
thereof. It is interrupted when proceedings are
instituted and shall begin to run again when the
proceedings are dismissed.

If there is nothing concealed (appears in a public


document), the crime commences to run on the date
of the commission.

If an accused fails to move to quash before pleading,


he is deemed to have waived all objections, except if
the grounds are:

The period of prescription for crimes which continue


never runs.

facts charged do not constitute an offense

Crime needs to be discovered by:


offended party
authorities

court has no jurisdiction


criminal action or liability has been extinguished

their agents
If a person witnesses the crime but only tells the
authorities 25 years later, prescription commences on
the day the authorities were told.

the averments, if true, would constitute a legal


excuse or justification (See Rule 117, Sec 9, RoC)
What Interrupts Prescription?
Prescription does not take away the courts
jurisdiction but only absolves the defendant and
acquits him.

preliminary examination or investigation which is


similar to judicial proceeding
2.

ART. 91: COMPUTATION OF PRESCRIPTION OF

filing
the proper

OFFENSES

complaint
with

NOTES:

the

The Period Commences To Run Again When The


Proceeding Is Terminated:

Without the accused being convicted or acquitted


QuickTime and a

The proceeding is unjustifiably stopped for a reason


not imputable to the offender

TIFF (Uncompressed) de ompressor

prosecutors office. Police not included.

3.
Filing
are needed to see this picture.

that
has

complaint with
the court

proper jurisdiction

accused evades arrest, proceedings must be


stopped

NOTE: Art. 91 applies to a special law when said law


does not provide for the application but only provides
for the period of prescription.

The period of prescription commences to run from the


date when the culprit evaded the service of his
sentence.

Requisites:

Penalty is imposed by final sentence.

ART. 92: WHEN AND HOW PENALTIES

Convict evaded service of the sentence by escaping


during the term of his sentence.

PRESCRIBE

Convict has not given himself up, or been captured, or


gone to a foreign country with which we have no
extradition treaty, or committed another crime.

NOTES:

Penalty has prescribed, because of the lapse of time


from the date of the evasion of the service of the
sentence.

Final sentence must be imposed.


If a convict can avail of mitigating circumstances and
the penalty is lowered, it is still the original penalty
that is used as the basis for prescription. However, if
the convict already serves a portion of his sentence
and escapes after, the penalty that was imposed (not
the original) shall be the basis for prescription.
Fines less than P200 fall under light penalty. Those
above are correccional.

Interruption Of The Period:

If the convict

gives himself up
be captured

ART. 93: COMPUTATION OF THE PRESCRIPTION

OF PENALTIES

goes to a foreign country with which the Philippines


has no extradition treaty

commits another crime before the expiration of the


period of prescription

accepts a conditional pardon

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ATENEO CENTRAL BAR OPERATIONS 2007

by decreasing the length of the imprisonment or fine


NOTES:
Commutation Allowed When:
If a government has an extradition treaty with the
country to which a convict escaped, but the crime is
not included in the treaty, the running of the
prescription is still interrupted.

person is over 70 years old


8 justices fail to reach a decision affirming the death
penalty

Evasion of sentence starts the running of the


prescription. It does not interrupt it. Acceptance of the
conditional pardon interrupts the prescription period.
Rolito Go case: Since he was captured, he is only
supposed to serve the remainder of his sentence.
Reason: During the period he escaped, his existence
was one of fear and discomfort.

CONDITIONAL PARDON

ART. 94: PARTIAL EXTINCTION OF


PAROLE
CRIMINAL LIABILITY

Conditional pardon contract between the


sovereign power of the executive and the convict

NOTE: Convict shall not violate any of the penal laws


of the Philippines.

In Case Of Violation Of Conditions:

Offender is re-arrested and re-incarcerated

Prosecution under Art. 159


Given after final judgment
COMMUTATION change in the decision of the court
by the chief regarding the:

degree of the penalty

Given after service of the

Given by the Board of


QuickTi e and a

Executive
TIFF
(Uncompressed) decompressor

Pardons and Parole

minimum penalty

are needed to see this picture.

For violation, convict may

For violations, may be

be prosecuted under 159

Granted by Chief

rearrested, convict serves

Prisoner is also allowed special time allowance for


loyalty which is 1/5 deduction of the period of his
sentence.

remaining sentence

PAROLE consists in the suspension of the sentence


of a convict after serving the minimum term of the
indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.

Good conduct allowance during confinement

Deduction for the term of sentence for good behavior

Allowances For Good Conduct Per Year

Years

ART. 95: OBLIGATION INCURRED BY PERSON


GRANTED CONDITIONAL PARDON

Allowance

First 2 years

5 days per month of good


NOTES:

Consent is not necessary in commutation.


behavior

3rd to 5th years

behavior

8 days per month of good

NOTE: Condition of pardon is limited to unserved


portion of the sentence, unless an intention to extend
it beyond the time is manifest.

ART. 96: EFFECT OF COMMUTATION OF


behavior
Following years

SENTENCE

up to
10 days per month of good

ART. 97: ALLOWANCE FOR GOOD CONDUCT

10th year
NOTES:

behavior
11th
year

allowance for good conduct not applicable when


prisoner released under conditional pardon.
good conduct time allowance is given in consideration
of good conduct of prisoner while he is serving
sentence.

and
15 days per month of good
ART. 98: SPECIAL TIME ALLOWANCE
successive years
FOR LOYALTY

Page 57 of 174

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ATENEO CENTRAL BAR OPERATIONS 2007

NOTES:

The article applies only to prisoners who escaped.

There is a deduction of 1/5 of the period of sentence


of prisoner who, having evaded the service of his
sentence during the calamity or catastrophe
mentioned in Art 158, gives himself up to the
authorities within 48 hours following the issuance of
the proclamation by the President announcing the
passing away of the calamity or catastrophe.
The deduction is based on the original sentence and
not on the unexpired portion.
Art 158 provides for increased penalties:

A convict who has evaded the service of his sentence


by leaving the penal institution on the occasion of
disorder resulting from conflagration, earthquake or
similar catastrophe or during mutiny in which he did
not participate is liable to an increased penalty (1/5 of
the time still remaining to be served not to exceed 6
months), if he fails to give himself up to the
authorities within 48 hours following the issuance of a
proclamation by the President announcing the
passing away of the calamity.

TWO CLASSES OF CIVIL LIABILITY

social injury produced by disturbance and alarm


which are the outcome of the offense

ART. 99: WHO GRANTS TIME

ALLOWANCES

NOTES:

personal injury caused by the victim who may


have suffered damage, either to his person, property,
honor or chastity

The authority to grant time allowance for good


conduct is exclusively vested in the Director. (e.g.
provincial warden cannot usurp Directors authority)

It is not an automatic right, and once granted, cannot


be revoked by him.

ART. 100: CIVIL LIABILITY OF A

PERSON GUILTY OF FELONY

Dual Character Of The Crime As Against:

Title Five

CIVIL LIABILITY

the state, because of the disturbance of peace and


order
the private person injured, unless it involves the crime
of treason, rebellion, espionage, contempt and others
where no civil liability arises on the part of the
offender either because there are no damages or
there is no private person injured by the crime

Chapter One
Damage that may be recovered in criminal cases:
PERSON CIVILLY LIABLE FOR FELONIES

Crimes against persons, like crime of physical


injuries whatever he spent for treatment of
wounds, doctors fees, medicines as well as salary or
wages unearned
Moral Damages: seduction, abduction, rape or other
lascivious acts, adultery or concubinage, illegal or
arbitrary detention or arrest, illegal search, libel,
slander or any other form of defamation, malicious
prosecution
Exemplary Damages: imposed when crime was
committed with one or more aggravating
circumstances

NOTES:

If there is no damage caused by the commission of


the crime, offender is not civilly liable.
Dismissal of the information or the criminal action
does not affect the right of the offended party to
institute or continue the civil action already instituted
arising from the offense, because such dismissal
does not carry with it the extinction of the civil one.
When accused is acquitted on ground that his guilt
has not been proven beyond reasonable doubt, a civil
action for damages for the same act or omission may
be instituted.
Exemption from criminal liability in favor of an
imbecile or insane person, and a person under 15
years, or over 15 but under 18 who acted without
discernment and those acting

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ATENEO CENTRAL BAR OPERATIONS 2007

under the impulse of irresistible force or under the


impulse of an uncontrollable fear of an equal or
greater injury does not include exemption from civil
liability.

Acquittal in the criminal action for negligence does


not preclude the offended party from filing a civil
action to recover damages, based on the theory that
the act is a quasi-delict.

When the court found the accused guilty of criminal


negligence but failed to enter judgment of civil liability,
the private prosecutor has a right to appeal for the
purposes of the civil liability of the accused. The
appellate court may remand the case to the trial court
for the latter to include in its judgment the civil liability
of the accused

adding a provision for the civil liability of the accused,


even if the convict has started serving the sentence.
If offender dies prior to the institution of the action or
prior to the finality of judgment, civil liability ex delicto
is extinguished.
An independent civil action may be brought by the
injured party during the pendency of the criminal case
provided the right is reserved. Reservation is
necessary in the following cases: (according to
Herrera, no reservation needed)
any of the cases referred to in Art 32 (perpetual or
temporary disqualification for exercise of the right of
suffrage)
defamation, fraud and physical injury (bodily injury
and not the crime of physical injury)
civil action is against a member of a city or municipal
police force for refusing or failing to render aid or
protection to any person in case of danger to life or
property

Prejudicial Question one which arises in a case,


QuickTime and a

the resolution of whichTIFF(Uncompressed)isalogicaldeompressorantecedent of the


are needed to see this picture.

Before expiration of the 15-day period to appeal, the


trial court can amend the judgment of conviction by

issue involved in said case and the cognizance of


which pertains to another tribunal. (elements provided
in Rule 111, Section 7 of RoC)
For the principle to apply, it is essential that there be
2 cases involved, a civil and a criminal case.
Prejudicial questions must be decided before any
criminal prosecution may be instituted or may
proceed.

acts of insane or minor exempt from criminal


liability
primarily persons having legal authority or control
over him, if at fault or negligent (except if proven that
they acted without fault or with due diligence)
If there is no fault or negligence, or even with fault but
are insolvent and there are no persons having legal
authority over them, the property of the insane, minor
or imbecile not exempt from execution shall be held
liable.

over 15 but under 18, with discernment a. The


father and, in case of his death

ART. 101: RULES REGARDING CIVIL

LIABILITY IN CERTAIN CASES

or incapacity, the mother, are responsible for the


damages caused by the minor children who live in
their company.

Guardians over minors who are under their authority


and live in their company

General Rule: Exemption from criminal liability does


not include exemption from civil liability.

If there are no parents or guardian, the minor or


insane person shall be

Exception: No civil liability in Art. 12, par. 4 (injury


caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by
some lawful or insuperable cause).

answerable with his own property in an action against


him where a guardian ad litem shall be appointed.

Pars. 1,2,3,5 and 6 are NOT exempt from civil liability


although exempt from criminal liability.

Who Are Civilly Liable For: -

Page 59 of 174

Criminal Law Summer


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NOTE: Final release of a child based on good


conduct does not remove his civil liability for
damages.

persons acting under an irresistible force or


uncontrollable fear Persons using violence or
causing the fear are primarily liable. If there are none,
those doing the act are responsible.

ATENEO CENTRAL BAR OPERATIONS 2007

PAR. 2:

General Rule: no civil liability in justifying


circumstances

Requisites:

Exception: par. 4 of Art. 11, where a person does an


act, causing damage to another, in order to avoid evil
or injury, the person benefited by the prevention of
the evil or injury shall be civilly liable in proportion to
the benefit he received.

1.
The guests notified in advance the innkeeper
of the deposit of such goods within the inn or house.
2.
The guests followed the directions of the
innkeeper or his representative with respect to the
care of and vigilance over such goods.
3. Such goods of QuickTimetheguestsanda lodging therein
TIFF (Uncompressed) decompressor

Civil liability in case of state of necessity

Those who benefited by the act are liable. The court


shall determine the proportionate amount for which
each shall be liable. If the government or majority of
the inhabitants are held responsible, such will be
determined by special laws or regulations.

were taken arebyneededrobberytosethisw/pictureforce. upon things or theft


committed within the inn or house.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF

OTHER PERSONS
ART. 102: SUBSIDIARY CIVIL LIABILITY OF
INNKEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS

PAR. 1

Requisites:

The employer, teacher, person or corporation is


engaged in any kind of

Requisites:

The innkeeper, tavernkeeper or proprietor of the


establishment or his employee committed a violation
of municipal ordinance or some general or special
police regulation.

A crime is committed in such establishment.


The person criminally liable is insolvent. NOTE:
When all these are present, the innkeeper,
tavernkeeper or any other person or corporation is
subsidiarily liable for the crime committed in his
establishment.

industry.

Any of their servants, pupils, workmen, apprentices or


employees commits a felony while in the discharge of
his duties.
The said employee is insolvent and has not satisfied
his civil liability.

Industry any department or branch of art,


occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade
indemnification
NOTES:

Hospitals are not engaged in industry; hence, they


are not subsidiarily liable for acts of nurses.
Private persons without business or industry are not
subsidiarily liable.

A separate trial is not necessary to enforce the


subsidiary liability of the employer. The judgment
obligee only needs to file a motion for subsidiary
execution. During the hearing of the said motion, it is
incumbent upon the movant to prove that; (1) an
employer-employee relationship exists; (2) the
employer is engaged in an industry; (3) the convict
committed the crime while in the discharge of his
duties; and (4) the writ of execution was returned
unsatisfied.
The employers subsidiary liability arises when it is
proved that the convict committed the crime while at
the service of the employer and the writ of execution
issued against the accused is returned unsatisfied.
On the other hand, if the convict committed the crime
but NOT while in the service of an employer and he
cannot pay his civil liability, Art. 39 on subsidiary
penalty will apply.

Includes restitution (return


No
restitution
as
the
property taken), nothing to
liabilities are to paid out of
pay in terms of money
the

CIVIL LIABILITIES

property
of

PECUNIARY

the

offender

LIABILITIES
No fines and costs of
Includes reparation and

Includes fines and costs of

Same

proceedings

proceedings

Page 60 of 174

Criminal Law Summer


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Reparation In case of inability to return the


property stolen, the culprit must pay the value of the
property stolen.

ATENEO CENTRAL BAR OPERATIONS 2007

In case of physical injuries, the reparation of the


damage caused would consist in the payment of
hospital bills and doctors fees to the offended party.

Indemnification the loss of salary or earnings


Chapter Two

WHAT CIVIL LIABILITY INCLUDES

ART. 105: RESTITUTION; HOW MADE

NOTES:

ART. 104: WHAT IS INCLUDED IN CIVIL

NOTE: The first remedy granted by law is restitution


of the thing taken away by the offender; if restitution
cannot be made by the offender or by his heirs, the
law allows the offended party reparation. In either
case, indemnity for consequential damages may be
required.

Restitution In theft, the culprit is duty bound to


return the property stolen.

The convict cannot, by way of restitution, give to the


offended party a similar thing of the same amount,
kind or species and quality. The very thing should
be returned.
If the property stolen while in the possession of the
third party suffers deterioration due to his fault, the
court will assess the amount of the deterioration and,
in addition to the return of the property, the culprit will
be ordered to pay such amount.
The owner of theQuickTimepropertyanda illegally taken by
TIFF (Uncompressed) decompressor

the offender arecanneededrecovertoseethis pitcturefrom.


whomsoever is in possession thereof. Thus, even if
the property stolen was acquired by a 3rd person by
purchase without knowing that it has been stolen,
such property will be returned to the owner.

If the thing is acquired by a person knowing that it


was stolen, then he is an accessory and therefore
criminally liable.

ART. 106: REPARATION; HOW MADE

The third party who acquired the stolen

NOTES:

The court orders reparation if restitution is not


possible.
Reparation shall be: the price of the thing, plus its
sentimental value.
property may be reimbursed with the price paid
therefor if it be acquired at (a) a public sale and (b) in
good faith.
Circumstances which bar an action for recovery: (a)
torrens title, (b) when sale is authorized
When the liability to return a thing arises from a
contract, and not from a criminal act, the court cannot
order its return in the criminal case.

Restitution may be ordered, even if accused is


acquitted, provided the offense is proved and it is
shown that the thing belongs to someone else.

If there is no evidence as to the value of the thing


unrecovered, reparation cannot be made.
Payment by the insurance company does not relieve
the offender of his obligation to repair the damage
caused.
Damages shall be limited to those caused by the
crime.

The accused is liable for the damages caused as a


result of the destruction of the property after the crime
was committed, either because it was lost or
destroyed by the accused himself or that by any other
person or as a result of any other cause or causes.

When crime is not against property, no restitution or


reparation of the thing can be done.
Payment of salary of an employee during the period
of suspension cannot, as a general rule, be properly
decreed by the court in a judgment of acquittal. It
devolves upon the head of the department concerned
to do so.
The court has authority to order the reinstatement of
the accused acquitted of a crime punishable by the
penalty of perpetual or temporary disqualification.

ART. 107: INDEMNIFICATION; WHAT IS

INCLUDED

NOTES:

Indemnity refers to crimes against persons while


reparation to crimes against property.

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Indemnity for medical services still unpaid may be


recovered.
Contributory negligence on the part of the offended
party reduces the civil liability of the offender.
The civil liability may be increased only if it will not
require an aggravation of the decision in the criminal
case on which it is based.
The amount of damages for death shall be at least
50,000, even though there may have been mitigating
circumstances.

jointly and severally liable, for the indemnity due from


said principal.

ART. 110: SEVERAL AND SUBSIDIARY LIABILITY


OF PRINCIPALS, ACCOMPLICES AND
ACCESSORIES OF A FELONY; PREFERENCE IN
PAYMENT

Each class of principals, accomplices and


accessories is liable solidary for their share and
subsidiarily liable for the share of the other classes.
In addition:
payment for the loss of the earning Preference In Enforcement Of Subsidiary
capacity of the deceased

Liability:

If the deceased was obliged to give support, the


recipient, who is not an heir, may demand support
from the defendant.

against the property of the principal

The spouse, illegitimate descendants and


ascendants of the deceased may demand for moral
damages.

against that of the accessories

against that of the accomplice

ART. 111: OBLIGATION TO MAKE RESTITUTION IN


CERTAIN CASES

Moral damages may be recovered in the


following:
physical injuries

RESTORATION, REPARATION FOR DAMAGES, OR


INDEMNIFICATION FOR CONSEQUENTIAL
DAMAGES AND ACTIONS TO DEMAND THE SAME;
UPON WHOM IT DEVOLVES

seduction, abduction, rape


adultery, concubinage

NOTES:

illegal or arbitrary detention


illegal search
libel, slander, defamation

The heirs of the person liable has no obligation if


restoration is not possible and the deceased left no
property.

malicious prosecution

ART. 108: OBLIGATION TO MAKE

Civil liability is possible only when the offender


dies after final judgment.

NOTES:
If the death of the offender took place before
QuickTime and a

any

final TIFFjudgment(Uncoprssed) decofmpressconvictionr

was

are needed to see this picture.

rendered against him, the action for restitution must


necessarily be dismissed.

This refers to a person who has participated


gratuitously in the proceeds of a felony and he is
bound to make restitution in an amount equivalent to
the extent of such participation.
The third person must be innocent of the commission
of the crime, otherwise he would be liable as an
accessory and this article will not apply.

ART. 109: SHARE OF EACH PERSON CIVILLY

LIABLE

NOTE: In case of insolvency of the accomplices, the


principal shall be subsidiarily liable for their share of
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,

Ex. A stole a ring worth 1k which he gave to B who


accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make
restitution up to 500 only.

Chapter Three

EXTINCTION AND SURVIVAL OF CIVIL


LIABILITY

ART. 112: EXTINCTION OF CIVIL LIABILITY

Civil Liability Is Extinguished By:

payment or performance
loss of the thing due
condonation or remission of the debt
confusion or merger of the rights of creditor and
debtor

compensation

novation

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NOTES:

Treason breach of allegiance to the government


by a person who owes allegiance to it.
ART. 113: OBLIGATION TO SATISFY CIVIL

LIABILITY

Allegiance obligation of fidelity and obedience


which individuals owe to the government under which
they live or to their sovereign, in return for protection
they receive

NOTES:

Unless extinguished, civil liability subsists even if the


offender has served sentence consisting of
deprivation of liberty or other rights or has not served
the same, due to amnesty, pardon, commutation of
the sentence or any other reason.
Under the law as amended, even if the subsidiary
imprisonment is served for non-payment of fines, this
pecuniary liability of the defendant is not
extinguished.
While amnesty wipes out all traces and vestiges of
the crime, it does not extinguish the civil liability of the
offender. A pardon shall in no case exempt the culprit
from the payment of the civil indemnity imposed upon
him by the sentence.

Treason is a war crime - punished by state as a


measure of self-protection
Committed in times of war (not peace) when

there is actual hostilities


no need for a declaration of war.

Mere acceptance of public office and discharge of


official duties under the enemy do not constitute per
se the felony of treason. But when the position is
policy-determining, the acceptance of public office
and the discharge of official duties constitute treason.

Probation affects only the criminal aspect of the


crime.
PERSONS LIABLE:

BOOK II

Filipino permanent allegiance; can commit treason


anywhere

Alien Residing temporary allegiance; commit


treason only while residing in Philippines

NOTES:

Treason committed in a foreign country may


TITLE ONE
be prosecuted in the Philippines. (Art.2,
CRIMES AGAINST NATIONAL SECURITY
RPC)
AND THE LAW OF NATIONS
Treason by an alien must be committed in

the Philippines. (EO 44).

b.

Adheres to enemies, giving aid or comfort.

Section 1 Treason and Espionage

ART 114. TREASON

WAYS TO COMMIT TREASON:

ELEMENTS:

Levying war against government - requires:


Actual assembling of men

1. Offender is a Filipino citizen or an alien

Purpose of executing a treasonable design, by force


Adheres to enemies following must concur
together:

resident; QuickTime and a TIFF (Uncompressed) decompressor


are needed to see this picture.

2.
Theres a war in and Philippines is
involved; and

3. Offender either
a.

Levies war against the government; or

Actual adherence
Give aid or comfort

NOTES:

Levying war - must be with intent to overthrow the


government as such, not merely to repeal a
particular statute or to resist a particular officer.

Not necessary that those attempting to overthrow


the government by force of arms

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Circumstances surrounding act

NOTES:

ATENEO CENTRAL BAR OPERATIONS 2007


To convict: testimonies must relate to the same
overt act not two similar acts
should have the apparent power to succeed in their
design, in whole or in part

Adherence intellectually or emotionally favors the


enemy and harbors sympathies or convictions
disloyal to his countrys policy or interest.

Aid or Comfort act w/c strengthens or tends to


strengthen the enemy of the government in the
conduct of war against the government, or an act w/c
weakens or tends to weaken the power of the
government or the country to resist or to attack the
enemies of the govt or country

If act is separable each witness can testify to parts


of it; but the act, as a whole, must be identifiable as
an overt act

Confession must be in open court

Reason for 2-witness rule special nature of the


crime requires that the accused be afforded a special
protection not required in other cases so as to avoid a
miscarriage of justice. Extreme seriousness of the
crime, for which death is one of the penalties
provided by law, and the fact that the crime is
committed in abnormal times, when small differences
may in mortal enmity wipe out all scruples in
sacrificing the truth.

WAYS TO PROVE:
General Notes:
Treason
Testimony of at least 2 witnesses to the same overt
act

Inherent circumstances

they do not

aggravate the crimeQuickTime and a


Judicial confession of accused
- EvidentTIFFpremeditation(Uncompressed)decompressor are need d to see this picture.

Adherence
One witness
Nature of act itself

superior strength
treachery

Treason is a continuing crime. Even after the war,


offender can still be prosecuted.
Two or more persons come to an agreement to levy war against the government, or
No treason through negligence since it must be
intentional
No complex crime of treason with murder
murder is the overt act of aid or comfort

adhere to the enemies and to give them aid or


comfort
They decide to commit it.

ELEMENTS PROSOPAL:

In time of war
and is therefore inseparable from treason itself.

DEFENSE:

A person who has decided to levy war against the


government, or to adhere to the enemies and to
give them aid or comfort

Duress or uncontrollable fear

Proposes its execution to some other person/s.

Obedience to de facto government


General Notes:
NOT DEFENSE:
Suspended allegiance
Joining the enemy army thus becoming a citizen of
the enemy

ART. 115. CONSPIRACY AND PROPOSAL TO

As a general rule, conspiracy and proposal to


commit a felony is not punishable (ART.8). Art 115 is
an exception as it specifically penalizes conspiracy
and proposal to commit treason.

Mere agreement and decision to commit treason is


punishable.
Two-witness rule not applicable since this is a
crime separate from treason

COMMIT TREASON

Mere proposal even without acceptance is


punishable, too. If the other accepts, it is already
conspiracy.

ELEMENTS CONSPIRACY:

If actual acts of treason are committed after the


conspiracy or proposal, the crime committed will be
treason, and the conspiracy or proposal is
considered as a means in the commission thereof.

In time of war;

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RPC mentions 4 individuals (i.e. governor, provincial


fiscal, mayor or city fiscal), but what if you report to
some other high-ranking government. official?
Ex: PNP Director? Judge Pimentel says any
governement. official of the DILG is OK..

ART. 117. ESPIONAGE


ART. 116. MISPRISION OF TREASON

ELEMENTS:

ESPIONAGE is the offense of gathering,


transmitting, or losing information respecting the
national defense with intent or reason to believe that
the information is to be used to the injury of the
Republic of the Philippines or the advantage of a
foreign nation.

Offender owes allegiance to the government

Not a foreigner
Has knowledge of any conspiracy (to commit
treason) against the government
He conceals or does not disclose the same to the
authorities in w/c he resides.

NOTES:

Offender is punished as an accessory to the crime


of treason.

MODES of COMMITTING ESPIONAGE:

By entering, without authority, a warship, fort, or


military or naval establishment or reservation to obtain
any information, plan or other data of confidential
nature relative to the defense of the Philippines.

ELEMENTS:
QuickTime and a

But is actually principal to this crime.

Crime doesnt apply if crime of treason is already


committed and it is not reported.
(Uncompressed) decompressor

It is a crime of omission.

information, plans, photographs or


1.
are n ded to see this picture.

other data of a confidential nature

relative to the defense of the Philippines.

That the offender enters a warship,

fort,
naval
or
military

By disclosing to the representative of a foreign


nation the contents of the articles, data or information
referred to in the preceding paragraph, which he had
in his possession by reason of the public office he
holds.

establishment or reservation;
ELEMENTS:
2.
That he has no authority therefore;

That the offender is a public officer;


That he has in his possession the articles, data or
information referred to in the first mode of committing
espionage, by reason of the public office he holds;
and

and
That he discloses their contents to a representative
of a foreign nation.

PERSONS LIABLE:
3.
That his purpose is to obtain

First mode:
Filipino
alien residing

Second mode:
Offender is a public officer.

NOTES:

Being a public officer is a requirement in the second


paragraph
It is aggravating in the first.

General Notes:

Espionage is the offense of gathering, transmitting,


or losing information respecting the national defense
with the intent or reason to believe that the
information is to be used to the injury of the
Philippines or the advantage of any foreign nation. It
is not conditioned on citizenship.
Wiretapping is not espionage if the purpose is not
connected with the defense.
In the first mode of committing the felony, it is not
necessary that the offender succeeds in obtaining
the information.

In both not conditioned by citizenship of offender

Committed in war time


War and Peace time
Limited in two ways of
Committed in many ways
committing crime:

levying war, and

adhering to the enemy

TREASON

ESPIONAGE

giving him aid or

comfort

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ART. 118. INCITING TO WAR OR GIVING

C.A. NO. 616

MOTIVES FOR REPRISALS

An Act to Punish Espionage and Other Offenses


Against National Security

ELEMENTS:

Offender performs unlawful or unauthorized acts;


ACTS PUNISHABLE:

Unlawfully obtaining or permitting to be obtained


information affecting national defense;
Unlawful disclosing of information affecting national
defense;

Such acts provoke or give occasion for a war


involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or
property;

NOTES:
Disloyal acts or words in time of peace (i.e. causing
in any manner insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval, or
air forces of the Philippines);

Disloyal acts in time of war;


Conspiracy to commit the foregoing acts;
Harboring or concealing violators of the law (i.e.
the offender harbors a person whom he knows as
someone who committed or is about to commit a
violation of this Act); and

QuickTime and a

Crime is TIFFcommitted(Uncomprssed)indecotimeprssofr peace. are needed to see this picture.

Intent of the offender is immaterial.

In inciting to war, the offender is any person. If the


offender is a public officer, the penalty is higher.
Reprisals are not limited to military action, it
could be economic reprisals, or denial of entry into
their country.

Example: X burns Chinese flag. If China bans the


entry of Filipinos into China, that is reprisal.
Photographing from aircraft of vital military
information.

Section Two Provoking War & Disloyalty in

Case of War
ART. 119. VIOLATION OF NEUTRALITY

Theres a war in and Philippines is involved;


ELEMENTS:

That the offender makes correspondence with an


enemy country or territory occupied by enemy
troops;

That there is war in which the Philippines is not


involved;

That the correspondence is either


prohibited by the government, or
carried on in ciphers or conventional signs, or

That there is a regulation issued by competent


authority for the purpose of enforcing neutrality;
and
That the offender violates such regulation.

containing notice or information which might be


useful to the enemy.

NOTES:
QUALIFYING CIRCUMSTANCES:
This crime is committed only in time of war.
Neutrality of the Philippines that was violated.

Notice or information might be useful to the enemy.


Offender intended to aid the enemy.

There has to be a regulation issued by competent


authority for enforcement of neutrality offender
violated it

Being a public officer or employee has higher


penalty

NOTES:

Circumstances qualifying the offense:

notice or information might be useful to the enemy


ART. 120. CORRESPONDECE WITH HOSTILE

COUNTRY

ELEMENTS:

offender intended to aid the enemy

A hostile country exists only during hostilities or


after the declaration of war.
Correspondence to enemy country is correspondence
to officials of enemy country even if said official is
related to the offender.

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It is not correspondence with private individual in


enemy country.

If ciphers were used, no need for prohibition of the


government.

An alien resident may be held guilty for this crime


because an alien owes allegiance to the Philippine
government albeit temporary.

If ciphers were not used, there is a need for


prohibition of the government.
It is immaterial if correspondence contains
innocent matters. If prohibited, correspondence is
punishable.

Section Three Piracy & Mutiny on The High


Seas

ART. 122. PIRACY IN GENERAL AND MUTINY

ART. 121. FLIGHT TO ENEMYS COUNTRY


ON THE HIGH SEAS

ELEMENTS:
QuickTime and a

PIRACY MODESTIFFTO(Uncompressed)COMMIT:decompressor
Theres a war and Philippines is involved;
Offender owes allegiance to the government;
Offender attempts to flee or go to enemy country;
and

Going to enemy country is prohibited by competent


authority.

PERSONS LIABLE:

picture.

1.
By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);

2.
By seizing the whole or part of the cargo of
said vessels, its equipment or personal belongings of
its complement or passengers, the offenders being
strangers to the vessels.

Filipino citizen
Alien residing in the Philippines

NOTES:

Mere attempt consummates the crime.

There must be a prohibition. If there is none, even


if one went to enemy country, there is no crime.

PIRACY it is robbery or forcible depredation on the


high seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.

MUTINY the unlawful resistance to a superior, or


the raising of commotions and disturbances on board
a ship against the authority of its commander.

ELEMENTS of PIRACY:

High seas - any waters on the sea coast which are


without the boundaries of the low water mark
although such waters may be in the jurisdictional
limits of a foreign government; parts of the sea that
are not included in the exclusive economic zone, in
the territorial seas, or in the internal waters of a state,
or in the archipelagic waters of an archipelagic state
(United Nations Convention on the Law of the Sea).

A vessel is on the high seas or Philippine waters;

Offenders not members of its complement nor


passengers of the vessel; and
That the offenders
attack or seize vessel (if committed by crew or
passengers, the crime is not piracy but robbery in the
high seas), or
seize whole or part of vessels cargo, equipment or
personal belongings of its complement or
passengers.

NOTES:

Philippine waters all bodies of water, such as but


not limited to seas, gulfs, bays, around, between and
connecting each of the islands of the Philippine
Archipelago, irrespective of its depth, breath, length
or dimension, and all waters belonging to the
Philippines by historic or legal title, including territorial
sea, the sea-bed, the insular shelves, and other
submarine areas over which the Philippines has
sovereignty and jurisdiction. (Sec. 2, P.D. No. 532)

Now, Art. 122, as amended by R.A. 7659 Piracy and


Mutiny in Philippine waters is punishable.

Before R. A. 7659 amended Art 122, piracy and


mutiny only on the high seas was punishable.
However, the commission of the acts described in
Arts. 122 and 123 in Philippine waters was under P.D.
No. 532.

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For purposes of the Anti-Fencing Law, piracy is


part of robbery and theft.

PIRACY

ATENEO CENTRAL BAR OPERATIONS 2007

MUTINY
Robbery or forcible

Piracy in high seas jurisdiction of any court where


offenders are found or arrested.

Unlawful resistance to a
degradation on the

Piracy in internal waters jurisdiction of Philippine


courts.

superior officer, or the


high seas, without
raising of commotion and

lawful authority and

passenger of the vessel.

disturbances on board a
done with animo
ship against the authority of
furandi and in the spirit

In both, there is intent to gain and the manner of


committing the crime is the same.

its commander.
and intention of
WITHIN PHIL. WATERS
universal hostility.
Art. 122, RPC
Intent to gain is an

PD 532, Anti-Piracy

Intent to gain is not an


element.
element
Attack from outside.
Attack from the inside.

Offender is an outsider

Offenders are

Offender is crew or

strangers to the vessel.

passenger

PIRACY
ROBBERY ON HIGH

SEAS
The offender is an
The offender is a member
outsider.

PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY

of the complement or a
ROBBERY LAW OF 1974)

NOTES:

VESSEL any vessel or watercraft used for (a)


transport of passengers and cargo or (b) for fishing.

Parricide/infanticide should be included (according to


Judge Pimentel).

AIDING OR ABETTING PIRACY REQUISITES:

There is a conflict between this provision and the


provision on rape.

Knowingly aids or protects pirates;


Acquires or receives property taken by such pirates, or
in any manner derives any benefit;

Ex: If rape is committed on someone below 7 yrs.


old penalty is death under the new rape law. But if
rape committed on someone below 7 during the time
of piracy reclusion perpetua to death.

Themurder/rape/homicide/physical injuries must


have been committed on the passengers or on the
complement of the vessel.

Directly or indirectly abets the commission of piracy.

NOTE: Under PD 532, piracy may be committed even


by a passenger or member of the complement of the
vessel.

Piracy is a crime not against any particular state but


against all mankind. It may be punished in the
competent tribunal of any country where the offender
may be found or into which he may be carried.

QUALIFIED PIRACY a SPECIAL COMPLEX


CRIME punishable by reclusin perpetua to death,
regardless of the number of victims.

ART. 123. QUALIFIED PIRACY


R. A. NO. 6235
QUALIFYING CIRCUMSTANCES:
Anti-Hijacking Law
Seizure of the vessel by boarding or firing upon the
same;

Abandonment of victims without means of saving


themselves; or

Piracy was accompanied by murder, homicide,


physical injuries, or rape.

ACTS PUNISHABLE:

By compelling a change in the course or


destination of an aircraft of Philippine registry, or
seizing or usurping the control thereof while it is
in flight;

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By compelling an aircraft of foreign registry to


land in Philippine territory or seizing or usurping
the control thereof while it is in the said territory;
and

By shipping, loading, or carrying in any passenger


aircraft operating as a public utility w/in the
Philippines, any explosive, flammable, corrosive or
poisonous substance or material.

Exploding or attempting to explode any bomb or


explosive to destroy the aircraft; or

The crime is accompanied by murder, homicide,


serious physical injuries, or rape.

NOTES: (Atty. Palacaios)

For firing upon to qualify the offense, the offender


must have actually fired his weapon. Mere attempt
is not enough.

For firing upon to qualify the offense, the offender


need not succeed in hitting the pilot, crew member
or passenger.

IN FLIGHT From the moment all exterior doors


are closed following embarkation until the same
doors are again opened for disembarkation.
TITLE TWO
NOTES: (Atty. Palacios)
CRIMES AGAINST THE FUNDAMENTAL LAWS
Where the aircraft is of Philippine registry, the
offense must be committed while in flight. Hence,
the act must take place after all exterior doors are
closed following embarkation.

Where the aircraft is of foreign registry, offense


need not take place while in flight.

QUALIFYING CIRCUMSTANCES (Par 1 & 2):

Firing upon the pilot, member of the crew or


passenger of the aircraft;

OF THE STATE

CLASSES OF ARBITRARY DETENTION:

By detaining a person without legal ground

Delay in the delivery of detained persons to the


proper judicial authorities
Delaying release

commission of a crime
violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital

Grounds for warrantless arrest:

ART. 124. ARBITRARY DETENTION

Crime is about to be, is being, or has been


committed;
Arresting officer must have personal knowledge that
the person probably committed the crime; or

ELEMENTS:
Person to be arrested is an escaped prisoner.
That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons);

Rolito Go v. CA is an example of arbitrary detention


(Judge Pimentel)

That he detains a person; and

Ramos v. Enrile: Rebels later on retire. Once you


have committed rebellion and have not been
punished or amnestied, the rebels continue to
engage in rebellion, unless the rebels renounce their
affiliation. Arrest can be made without a warrant
because rebellion is a continuing crime.

That it was without legal grounds.

NOTES:

Arbitrary detention is the deprivation by a public


officer of the liberty of a person w/o any legal
ground.

Though the elements specify that the offender be a


public officer or employee, private individuals who
conspire with public officers can be liable as
principals.

ART. 125. DELAY IN THE DELIVERY OF DETAINED


PERSONS TO THE PROPER JUDICIAL
AUTHORITIES

ELEMENTS:

That the offender is a public officer or employee;


Legal grounds for the detention of any person:

That he has detained a person for some legal


ground; and

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That he fails to deliver such person to the proper


judicial authority within:

If offender is a private person, the crime is illegal


detention.

12 hours, detained for crimes punishable by light


penalties, or equivalent;
ARBITRARY
18 hours, for crimes punishable by correctional
penalties, or their equivalent; or
36 hours, for crimes/offenses punishable by capital
punishment or afflictive penalties, or their
equivalent.

DELAY IN DELIVERY
DETENTION (124)
OF DETAINED (125)

NOTES:
are needed to s e this picture.
Detention is illegal

The felony means delay in filing the necessary


information or charging of person detained in court
which may be waived if a preliminary investigation is
asked for. This does not contemplate actual
physical delivery.

The filing of the information in court beyond the


specified periods does not cure illegality of
detention. Neither does it affect the legality of the
confinement under process issued by the court.
To prevent committing this felony, officers usually ask
accused to execute a waiver of Art. 125 which
should be under oath and with assistance of
counsel. Such waiver is not violative of the
constitutional right of the accused.

Detention is legal in the

from the beginning.


beginning, but illegality

starts from the

expiration of the

specified periods

without the persons


Contemplates arrest by virtue of some legal ground
or valid warrantless arrest.

detained having been

If arrested by virtue of arrest warrant, person may be


detained until case is decided.

delivered to the proper

LENGTH OF WAIVER:

judicial authority.

Light offense 5 days.


Serious and less serious offenses 7 to 10 days.
(Judge Pimentel)

ELEMENTS:
ART. 126: DELAYING RELEASE
That the offender is a public officer or employee;
ELEMENTS:
That he expels any person from the Philippines, or
compels a person to change his residence; and
That the offender is a public officer or employee;
That the offender is not authorized to do so by law.

That there is a judicial or executive order for the


release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the
liberation of such person; and

ACTS PUNISHABLE:

That the offender without good reason delays:

by expelling a person from the Philippines; or

the service of the notice of such order to the


prisoner, or

by compelling a person to change his residence

NOTES:
the performance of such judicial or executive order
for the release of the prisoner, or
the proceedings upon a petition for the release of
such person.

NOTE:

Wardens and jailers are the persons most likely to


violate this provision.

Acts punishable:

The crime of expulsion absorbs that of grave


coercion. If done by a private person, act will
amount to grave coercion.

Crime does not include expulsion of undesirable


aliens, destierro, or when sent to prison.
If a Filipino who, after voluntarily leaving the country,
is illegally refused re-entry is considered a victim
of being forced to change his address.

ART. 127. EXPULSION

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Threat to national security is not a valid ground to


expel or to compel one to change his address.
The Chief Executive has the power to deport
undesirable aliens.

ART. 128. VIOLATION OF DOMICILE

ELEMENTS:

That the offender is a public officer or employee;


That he is not authorized by judicial order to enter
the dwelling and/or to make a search therein for
papers or other effects; and

If the offender who enters the dwelling


against the will of the owner thereof is a private
individual, the crime committed is trespass to
dwelling (Art 280).

When a public officer searched a person


outside his dwelling without a search warrant
and such person is not legally arrested for an
offense, the crime committed by the public officer is
either:

grave coercion if violence or intimidation is


used (Art 286), or
-

unjust vexation if there is no violence

QuickTime and a
or TIFFintimidation(Uncompressed) (Artdecompressor287). are needed to see this picture.

That he commits any of the following acts:


entering any dwelling against the will of the owner
thereof;

searching papers or other effects found therein


without the previous consent of such owner;

Public officer without a search warrant


cannot lawfully enter the dwelling against the will of
the owner, even if he knew that someone in that
dwelling is in unlawful possession of opium.

ART. 129. SEARCH WARRANTS MALICIOUSLY


OBTAINED, AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED

refusing to leave the premises, after having


surreptitiously entered said dwelling and after having
been required to leave the same.

SPECIAL AGGRAVATING CIRCUMSTANCES:

nighttime
papers or effects not constituting evidence of a crime
are not returned immediately

ACTS PUNISHABLE:

NOTES:

procuring a search warrant without just cause

The judicial order is the search warrant.

ELEMENTS:

That the offender is a public officer or employee;

That he procures a search warrant; and


That there is no just cause.

exceeding his authority by using unnecessary


severity in executing a search warrant legally
procured ELEMENTS:

The search is limited to what is described in the


warrant, all details must be with set forth with
particularity.

Example of a warrant maliciously obtained: X was a


respondent of a search warrant for illegal possession
of firearms. A return was made. The gun did not
belong to X and the witness had no personal
knowledge that there is a gun in that place.

That the offender is a public officer or employee;


Examples of abuse in service of warrant:
That he has legally procured a search warrant; and
That he exceeds his authority or uses unnecessary
severity in executing the same.

X owner was handcuffed while search was going-on.

NOTES:

Tank was used to ram gate prior to announcement


that a search will be made.
Persons who were not respondents were searched.

Search warrant is valid for 10 days from its date of


issue.

If there is no just cause, the warrant is unjustified.

An exception to the necessity of a search warrant is


the right of search and seizure as an incident to a
lawful arrest.

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That the offender is a public officer or employee;


That he is armed with a search warrant legally
procured;

ATENEO CENTRAL BAR OPERATIONS 2007

ART. 130. SEARCHING DOMICILE WITHOUT

WITNESSES

ELEMENTS:

That he searches the domicile, papers or other


belongings of any person; and

That the owner, or any member of his family, or


two witnesses residing in the same locality are not
present.

NOTES:
(Art 153).
Order of those who must witness the search:
Homeowner
Members of the family of sufficient age and discretion
Responsible members of the community
Validity of the search warrant can be questioned only
in 2 courts: where issued or where the case is
pending. The latter is preferred for objective
determination.

Meeting must be peaceful and there is no legal


ground for prohibiting, dissolving or interrupting that
meeting.

ART. 131. PROHIBITION, INTERRUPTION, AND


DISSOLUTION OF PEACEFUL MEETINGS

Offender must be a stranger, not a participant, in


the peaceful meeting; otherwise, the offense is
unjust vexation.

ELEMENTS:

Interrupting and dissolving a meeting of the


municipal council by a public officer is a crime
against the legislative body and not punishable
under this article.

Offender is a public officer or employee;


He performs any of the following acts:
prohibiting or interrupting, without legal ground the
holding of a peaceful meeting, or dissolving the
same (e.g. denial of permit in arbitrary manner).

hindering any person from joining any lawful


association or from attending any of its meetings
prohibiting or hindering any person
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fromTIFF (Uncompraddressinged)decompressor,either alone or are needed to see this picture.

The person talking on a prohibited subject at a public


meeting contrary to agreement that no speaker
should touch on politics may be stopped.

But stopping the speaker who was attacking certain


churches in public meeting is a violation of this article.

Those holding peaceful meetings must comply with


local ordinances. Example: Ordinance requires
permits for meetings in public places. But if a police
stops a meeting in a private place because theres no
permit, officer is liable for stopping the meeting.

together with others, any petition to the authorities


for the correction of abuses or redress of grievances.
ART. 132. INTERRUPTION OF RELIGIOUS
NOTES:
ELEMENTS:
If the offender is a private individual, the crime is
disturbance of public order

That the officer is a public officer or employee;

violence; or
threats.

That religious ceremonies or manifestations of any


religion are about to take place or are going on; and
That the offender prevents or disturbs the same.

NOTES:

Qualifying circumstances:

Reading of Bible and then attacking certain churches


in a public plaza is not a ceremony or
manifestation of religion, but only a meeting of a
religious sect. But if done in a private home, its a
religious service.

Religious Worship includes people in the act of


performing religious rites for a religious ceremony or
a manifestation of religion. Examples: Mass, baptism,
marriage

Page 72 of 174

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during the celebration of any religious ceremony

Acts must be notoriously offensive to the feelings of


the faithful;

ATENEO CENTRAL BAR OPERATIONS 2007

X, a private person, boxed a priest while the priest


was giving homily and maligning a relative of X. Is X
liable? X may be liable under Art 133 (Offending
religious feelings) because X is a private person.

ART. 133. OFFENDING RELIGIOUS FEELINGS

ELEMENTS:

Acts complained of were performed

Offender is any person; and


Theres a deliberate intent to hurt the feelings of the
faithful, directed against religious tenet.

NOTES:

If in a place devoted to religious purpose, there is


no need for an ongoing religious ceremony.

Example of religious ceremony (acts performed


outside the church):
Processions and special prayers for burying dead
persons but NOT prayer rallies.

in a place devoted to religious feelings, or


Acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as

mocking or scoffing or attempting to damage an object


of religious veneration.
There must be deliberate intent to hurt the feelings
of the faithful, mere arrogance or rudeness is not
enough.
Prohibition,
Crime

CRIME
NATURE
Public
If not by
WHO
IF ELEMENT
Interruption
against

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OF

public officer

ARE
MISSING

officers,

CRIME

and
LIABLE

the
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ntal law

are needed to see his pictu e.

Peaceful
of the

Outsiders

Meeting
state

Dissolution
fundame

Tumults
(131)

of

Outsiders
vexation

Worship
fundame

Interruption
Crime
If not

Public
If by insider =

of

(132)

against

ntal law

religious =
officers,
unjust

of the

tumult or
Religious
the

state

alarms

Feeling
order
If not

persons,
If meeting
(133)

notoriously

outsiders
illegal at

offensive =
onset =

unjust
inciting to

vexation
Offending

sedition or

Crime
Public
If not tumults
the

rebellion

against
officers,
= alarms
Religious
public
private
and scandal

TITLE THREE

CRIMES AGAINST PUBLIC ORDER

POLITICAL CRIMES are those directly aimed


against the political order, as well as such common
crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.

That the purpose of the uprising or movement is


either:

to remove from the allegiance to said government or


its laws the territory of the Philippines or any part
thereof or any body of land, naval or other armed
forces, or
to deprive the chief executive or congress, wholly or
partially, of any of their powers or prerogatives.

PERSONS LIABLE:
ART. 134. REBELLION OR INSURRECTION
Any person who: (a) promotes, (b) maintains, or (c)
heads a rebellion or insurrection (leader);
ELEMENTS:
Any person merely participating or executing the
command of others in rebellion (participant); and
That there be a public armed uprising; and

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Insurrection refers to a movement which seeks


merely to effect some change of minor importance to
prevent the exercise of governmental authority w/
respect to particular matters or subjects.

ATENEO CENTRAL BAR OPERATIONS 2007


Purpose of the uprising must be shown but it is
not necessary that it be accomplished.
Any person who in fact directed the others, spoke for
them, signed receipts and other documents issued in
their name, or performed similar acts, on behalf of the
rebels (person deemed leader when leader is
unknown)

NOTES:

Rebellion is the term used where the object of the


movement is completely to overthrow and supersede
the existing government.

If there is no public uprising, the crime is direct


assault.
Mere giving of aid or comfort is not criminal in the
case of rebellion. There must be ACTUAL
participation.
people vs. Hernandez ruling: rebellion cannot be
complexed with ordinary crimes done pursuant to it
people vs. Geronimo ruling: crimes done for private
purposes without political motivation should be
separately punished

Enrile vs. Salazar ruling: upheld Hernandez

Thus: Rebellion absorbs other crimes committed in


furtherance of rebellion.
Illegal possession of firearms in furtherance of
rebellion is absorbed by the crime of rebellion. A
private crime may be committed during rebellion.

In rebellion, it is not a defense that the accused never


took the oath of allegiance, or that they never
recognized the government.

ART. 134 A. COUP D ETAT

Rape, even if not in furtherance of rebellion cannot be


complexed with rebellion.

Rebellion is a continuing crime along with


the crime of QuickTimeconspiracyanda or proposal to

TIFF (Uncompressed) decompressor

commit rebellionarenededto.see this picture.

If killing or robbing were done for private purposes


or for profit, without any political motivation, the
crime would

be separately be punished and would not be


embraced by rebellion (People v. Fernando).
If the leader is unknown, a person is deemed a
leader of rebellion if he: a. directed the others, b.
spoke for them,

ELEMENTS:

Offender is a person or persons belonging to the


military, or police or holding any public office or
employment,
Committed by means of swift attack, accompanied by
violence, intimidation, threat, strategy or stealth;
Directed against:
duly constituted authorities of the Philippines

any military camp or installation


communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power

For the purpose of seizing or diminishing state power.

PERSONS LIABLE:
c. signed receipts and other documents issued in
their name, and d. performed similar acts on behalf
of the rebels.

Diverting public funds is malversation absorbed in


rebellion.

Public officer must take active part, because mere


silence or omission is not punishable as
rebellion.

Any person who leads or in any manner directs or


commands others to undertake coup detat (leaders);

Any person in the government service who


participates or executes directions or commands of
others in undertaking coup detat (participants from
government);
Any person not in the government service who
participates, or in any manner, supports, finances,
abets, or aids in undertaking a coup detat
(participants not from government); and

Any person who in fact directed the others, spoke for


them, signed receipts and other documents issued in

Page 74 of 174

their name, or performed similar acts, on behalf of the


rebels (deemed leader if leader is unknown)

Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

TREASON (114)

REBELLION (134)

COUP DETAT (134-A)

SEDITION (139)

National Security

Public Order

Public Order

Nature of

Public Order

Crime

Levying war against the

Public uprising

Attack against authorities,

Rising publicly

Overt acts

govt;

AND

military camp, networks or

and tumultuously

OR

Taking up arms against

public utilities, or other facilities

(more

Adherence and giving

the govt

for power

than 3 men who are armed or

aid or comfort to

provided with

enemies

means of violence)

Purpose

Deliver the govt to the

Removing territory , or

Seizing or diminishing state

See enumeration in article.

enemy during war

body of armed forces, or

power.

depriving the Chief

Executive or Legislature

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are needed to see this picture.

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WHO ARE LIABLE AND PENALTIES:

ATENEO CENTRAL BAR OPERATIONS

REBELLION:

2007
Leaders reclusion perpetua
ART. 135. PENALTY FOR REBELLION,

Participants reclusion temporal


Deemed leader reclusion perpetua

INSURRECTION OR COUP D ETAT

COUP DETAT:

Leaders reclusion perpetua


Participants (govt) reclusion temporal
Participants (not govt) prision mayor
Deemed leader reclusion perpetua

ART. 136. CONSPIRACY AND PROPOSAL


TO COMMIT COUP D ETAT, REBELLION
OR INSURRECTION

In both, the offender induces another to


commit rebellion
In both, the crime of rebellion should not be
committed by the persons to whom it is
proposed or who are incited.
If they commit rebellion because of the
proposal or inciting, the proponent or the one
inciting may become a principal by
inducement in the crime of rebellion.

The
person
who

ELEMENTS OF CONSPIRACY:

It is not required that


proposes has decided

Two or more persons come to an agreement


to rise publicly and take arms against the
government;

the

For any of the purposes of rebellion; and

has

They decide to commit it.

to commit rebellion.

offender

decided to
ELEMENTS OF PROPOSAL:

commit

A person who has decided to rise publicly and


take arms against the government;
rebellion.
For any of the purposes of rebellion; and
Proposes its execution to some other
person/s.

The
person

PROPOSAL TO

who

INCITING TO

The act of inciting is

COMMIT

proposes

REBELLION

the

REBELLION

done publicly.

become guilty of conspiracy to commit


rebellion. (People vs. Hernandez
execution of the crime

ART. 137. DISLOYALTY OF PUBLIC

OFFICERS OR EMPLOYEES
uses secret means.

ACTS PUNISHABLE:

Failing to resist rebellion by all the means


in their power; or
Continuing to discharge the duties of their
offices under the control of rebels; or

Accepting appointment to office under


rebels.
NOTES:
NOTES:
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to overthrow the
government.

The mere fact of giving and rendering


speeches favoring Communism would not
make the accused guilty of conspiracy if
there is no evidence that the hearers then
and there agreed to rise up in arms against
the government.

The advocacy of Communism or


Communistic theory is not a criminal act of
conspiracy unless converted into advocacy
of action.

Only when the Communist advocates action


and actual uprising, war or otherwise, does he

There must be actual rebellion for this crime


to be committed.

It must not be committed in conspiracy


with rebels or coup plotters for this crime to
be committed.

If position is accepted in order to protect the


people, not covered by this article.

ART. 138. INCITING TO REBELLION OR

INSURRECTION

ELEMENTS:

That the offender does not take arms or is not


in open hostility against the government;

That he incites others to the execution of any


of the acts of rebellion; and
That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to
the same end.

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the offender has


commit rebellion.
decided to commit

ATENEO CENTRAL BAR OPERATIONS

2007

rebellion.
The person who

NOTES:

The inciting is done


proposes the execution

Inciting must have been intentionally


calculated to seduce others to rebellion.
In both proposal to commit rebellion and in
inciting to rebellion, rebellion should not
actually be committed by the persons to
whom it was proposed, or who were incited. If
they commit rebellion because of the proposal
or incitement, the proponent, or the one
inciting may become a principal by
inducement in the crime of rebellion.

PROPOSAL TO

publicly.
of the crime uses secret

means.

ART. 139. SEDITION

INCITING TO
COMMIT REBELLION

ELEMENTS:

REBELLION (138)
(136)

That the offenders rise


Publicly; and

The person who


Not required that
proposes has decided to

Tumultuously;
That they employ force, intimidation, or other
means outside of legal methods; and

That the offenders employ any of those means


to attain any of the following objects:
to prevent the promulgation or execution of
any law or the holding of any popular election;
to prevent the national government, or any
provincial or municipal government, or any
public officer thereof from freely exercising its
or his

Tumultuous uprising means that it is caused


by more than 3 persons who are armed or
provided w/ means of violence.

In sedition, offender may be a private or


public person.

Common crimes are not absorbed in


sedition. (People v. Umali)

functions, or prevent the execution of


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anyTIFFadministrative(Uncompressed)decomporder;essor are needed o see this picture.

to inflict any act of hate or revenge upon the


person or property of any public officer or
employee;
to commit for any political or social end, any
act of hate or revenge against private persons
or any social class; or

Preventing election through legal means is


NOT sedition.

If the purpose of the offenders is to attain the


objects of rebellion or sedition by force or
violence, but there is no public uprising,
the crime committed is direct assault.
There is conspiracy to commit sedition (Art.
but no proposal to commit sedition.

to despoil, for any political or social end, any


person, municipality or
ART. 140. PENALTY FOR SEDITION

PERSONS LIABLE:

province, or the national government of all its


property or any part thereof.

leader of the sedition, and


other persons participating in the sedition.

NOTES:

ART. 141. CONSPIRACY TO COMMIT

Sedition is the raising of commotions or


disturbances in the State. Its ultimate object is
a violation of the public peace or at least such
a course of measures as evidently engenders
it. (People vs. Perez)

SEDITION

NOTE: There must be an agreement and a


decision to rise publicly and tumultuously to
attain any of the objects of sedition in order to
constitute crime of conspiracy to commit
sedition.

ART. 142. INCITING TO SEDITION

Inciting others to the accomplishment of any


of the acts which constitute sedition by
means of speeches, proclamations,
writings, emblems etc.

ACTS PUNISHABLE:

Uttering seditious words or speeches which


tend to disturb the public peace;

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ATENEO CENTRAL BAR OPERATIONS

cartoons, banners, or other representations


tending to the same end.

UTTERING AND WRITING PUNISHABLE:

2007

Writing, publishing, or circulating scurrilous

when they tend to disturb or obstruct any


public officer in executing the functions of his
office; or
when they tend to instigate others to cabal
and meet together for unlawful purposes; or

[vulgar, mean, libelous] libels against the


government or any of the duly constituted
authorities thereof, which tend to disturb the
public peace; or

Knowingly concealing such evil practices.

when they suggest or incite rebellious


conspiracies or riots; or
when they lead or tend to stir up the people
against the lawful authorities or to disturb the
peace of the community, the safety and order
of the government.

ELEMENTS of ACT 1:
3 RULES RELATIVE TO SEDITOUS
WORDS:
That the offender does not take a direct part in
the crime of sedition;
Dangerous Tendency rule
That he incites others to the accomplishment
of any of the acts which constitute sedition;
and
That the inciting is done by means of
speeches, proclamations, writing, emblems,

Clear and Present Danger rule


Balance of Interests rule

Chapter Two - CRIMES AGAINST

PROCEEDINGS

POPULAR REPRESENTATION

ELEMENTS:

ART. 143. ACTS TENDING TO PREVENT


THE

An actual meeting of Congress or any of its


committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal
council or board; and

QuickTime and a

MEETING OF THETIFF(Uncompressed)ASSEMBLYdecompressorAND
SIMILAR

That the offender does any of the following


acts

are needed to see this picture.

BODIES

ELEMENTS:

A projected or actual meeting of Congress or


any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board; and

he disturbs any of such meetings


he behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.

NOTE: Complaint must be filed by member of


the Legislative body. Accused may also be
punished for contempt by the legislative body.

ARTICLE 145. VIOLATION OF

PARLIAMENTARY IMMUNITY.

That the offender who may be any person


prevents such meeting by force or fraud.

NOTE: Chief of Police and mayor who


prevented the meeting of the municipal
council are liable under Art. 143, when the
defect of the meeting is not manifest and
requires an investigation before its existence
can be determined.

ACTS PUNISHABLE:

By using force, intimidation, threats, or


fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or
casting his vote.

ELEMENTS:
ART. 144. DISTURBANCE OF
Offender uses force, intimidation, threat or
fraud

Casting his vote.


Purpose is to prevent any member of
Congress from:
Attending the said meetings;
Expressing his opinions; or

By arresting or searching any member


thereof while Congress is in a regular or
special session, except in case such
member has committed a crime punishable

Page 78 of 174

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ATENEO CENTRAL BAR OPERATIONS

2007

that the member of Congress may deliver on


the floor during regular or special session.

To be consistent with the 1987 Constitution,


the phrase by a penalty higher than prision
mayor in Art. 145 should be amended to read
by the penalty of prision mayor or higher.

under the code by a penalty higher than


prision mayor.

ELEMENTS:

Chapter Three - ILLEGAL ASSEMBLIES

Offender is a public officer or employee;

AND ASSOCIATIONS

He arrests or searches any member of


Congress
ART. 146. ILLEGAL ASSEMBLIES
Congress, at the time of arrest or search is in
regular or special session
member arrested o searched hasnt
committed a crime by a penalty prision mayor
or higher.

NOTES:

Parliamentary immunity does not mean


exemption from criminal liability, except
from a crime that may arise from any speech

2 TYPES OF ILLEGAL ASSEMBLIES:

Meeting attended by armed persons for the


purpose of committing any of the crimes
punishable under the Revised Penal Code;

REQUISITES:
Theres a meeting gather or group of persons
whether fixed or moving;

Meeting is attended by armed

persons;QuickTimeand and a TIFF (U compressed) decompressor

Presumed that the one in possession of


unlicensed firearm is the leader or organizer of
the meeting

NOTES:

The arepurposeneededtoseeofthismeetingpicture. is to commit

any of the crimes punishable under RPC

A meeting in w/c the audience is incited to


the commission of the crimes of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or his
agent.

Not all the persons present at the meeting of


the first form of illegal assembly need to be
armed.

Persons liable for illegal assembly:

the organizers or leaders of the meeting

persons merely present at the meeting


(except when presence is out of curiosity not
liable)

REQUISITES:

Presumptions if person present at the meeting


carries an unlicensed firearm:

Theres a meeting gather or group of


persons whether fixed or moving;

purpose of the meeting is to commit acts


punishable under the RPC
considered as leader or organizer of the
meeting

Audience whether armed or not is incited


to the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.

WHEN A PERSON CARRIES


UNLICENSED
FIREARM IN THE 1st ASSEMBLY:

Presumed that the purpose of meeting is to


commit any crime under RPC

ARTICLE 147. ILLEGAL ASSOCIATIONS 2


KINDS OF ILLEGAL ASSOCIATIONS:

Organizations totally or partially organized for


the purpose of committing any of the crimes
in RPC; or
For some purpose contrary to public morals.

PERSONS LIABLE:

founders, directors and president of the


association; and

mere members of the association

ILLEGAL ASSEMBLY
ILLEGAL
(146)

Must be an actual meeting No need for such of


armed persons to commit

ASSOCIATION (147)
any of the crimes punishable

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ATENEO CENTRAL BAR OPERATIONS 2007


rebellion, sedition or assault
under the RPC, or of

upon a person in authority of


individuals who, although not

his agent.
armed, are incited to the

commission of treason,

It is the meeting and the


Act of forming or
attendance at such that are
organizing
and
punished
membership
in the

association
Chapter Four - ASSAULT, RESISTANCE

AND DISOBEDIENCE
is

punished

ART. 148. DIRECT ASSAULT

2 WAYS TO COMMIT DIRECT ASSAULT:

Without public uprising, by employing force


or intimidation for attainment of any of the
purposes enumerated in defining the crimes
of rebellion and sedition (first form)
Persons liable: leaders and
Founders,

ELEMENTS:

those present
directors,

Offender employs force or intimidation;

president

and members

Aim of offender is to attain any of the


purposes of the crime of rebellion and
sedition; and

That there is no public uprising.

FORCE
INTIMIDATION/

Without public uprising, by attacking, by


employing force or by seriously intimidating
or by seriously resisting any
person in authorityQuickTimeoanyandofa his agents, while

EMPLOYED
RESISTANCE

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are need perf ormancedtoseethispiture.

engaged in the of official duties, or on the


occasion of such performance. (second form).
Person in
ELEMENTS:

Need not be
Serious

Offender (a) makes an attack, (b) employs


force, (c) makes a serious intimidation, or (d)
makes a serious resistance;

Person assaulted is a person in authority or


his agent;
At the time of the assault the person in
authority or his agent

Authority
serious

Agent
Must be of
Serious

is engaged in the actual performance of official


duties
serious
(motive is not essential); or
is assaulted by reason of the past performance
of official duties (motive is essential);

character

That the offender knows that the one he is


assaulting is a person in authority or his agent
(with intention to offend, injure or assault); and

No public uprising.

NOTES:

General Rule: Direct assault is always


complexed with the material consequence
of the act (Ex. direct assault with murder).
Exception: If resulting in a light felony, the
consequent crime is absorbed.

The force employed need not be serious


when the offended party is a person in
authority (Ex. Laying of hands).

The intimidation or resistance must be


serious whether the offended party is an
agent only or a person in authority (Ex.
Pointing a gun).

A person in authority is any person directly


vested with jurisdiction (power or authority
to govern and execute the laws) whether as
an individual or as a member of some court
or governmental corporation, board, or
commission. Examples: A barangay captain, a
Division Superintendent of Schools, President
of Sanitary Division and a teacher.

An agent is one who, by direct provision of


law or by election or by appointment by
competent authority, is charged with the
maintenance of public order and the
protection and security of life and
property. Examples: Barrio councilman and
any person who comes to the aid of the
person in authority, policeman, municipal

Page 80 of 174

injuries, because he acts in legitimate selfdefense.


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Criminal Law Summer


Reviewer

There can be no assault upon or


disobedience to ones authority by another
when they both contend that they were in the
exercise of their respective duties.

ATENEO CENTRAL BAR OPERATIONS

2007

treasurer, postmaster, sheriff, agents of the


BIR, Malacaang confidential agent.

Even when the person in authority or the


agent agrees to fight, direct assault is still
committed.

When the person in authority or the agent


provoked/attacked first, innocent party is
entitled to defend himself and cannot be held
liable for assault or resistance nor for physical

When assault is made by reason of the


performance of his duty there is no need for
actual performance of his official duty when
attacked.

Direct assault cannot be committed during


rebellion.
Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then
considered an agent of a person in authority.

QUALIFYING CIRCUMSTANCES:

when the assault is committed with a


weapon;

when the offender is a public officer or


employee; or
when the offender lays hand upon a person
in authority

ARTICLE 149. INDIRECT ASSAULT

authority is considered an agent and an attack


on the latter is already direct assault.

ARTICLE 150. DISOBEDIENCE TO


SUMMONS ISSUED BY THE NATIONAL
ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS

ELEMENTS:

The direct assault is committed against an


agent of a person in authority;

ACTS PUNISHABLE:

That the offended party comes to the aid of


such agent of a person in authority; and

Disobedience w/o legal excuse to summons


issued by the Congress or any of its
committees or subcommittees;

That the offender makes use of force or

Refusal of any person present before a


legislative or constitutional body or official to:

intimidation upon the said offended party.

to be sworn or placed under affirmation;

NOTES:

Indirect assault can be committed only when


a direct assault is also being committed.

To be indirect assault, the person who


should be aided is the agent and not the
person in authority. In the latter case, it is
already direct assault.

to answer any legal inquiry; or (3) to produce


books, documents, records etc. when
required to do so by the said bodies in the
exercise of their functions;
Restraining another from attending as
witness in such body; or

Inducing disobedience to a summons or


refusal to be sworn.

ARTICLE 151. RESISTANCE AND

According to Art 152: The person coming to


the aid of the person in
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSON

ELEMENTS RESISTANCE & SERIOUS

ELEMENTS SIMPLE DISOBEDIENCE


(par. 2)

DISOBEDIENCE (par. 1):

That a person in authority or his agent is


engaged in the performance of official duty or
gives a lawful order to the offender;

That an agent of a person in authority is


engaged in the performance of official duty
gives a lawful order to the offender;
That the offender disobeys such agent of a
person in authority; and

That the offender resists or seriously disobeys


such person in authority or his agent; and
That the act of the offender is not included in
the provisions of arts. 148, 149 and 150.

That such disobedience is not of a serious


nature.

Page 81 of 174

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DIRECT ASSAULT
RESISTANCE &

ATENEO CENTRAL BAR OPERATIONS

(148)

2007

DISOBEDIENCE TO A

NOTES:

PERSON IN AUTHORITY

While being arrested and theres serious


resistance, person resisting must know that
the one arresting him is an officer

(PIA) OR AGENTS OF

SUCH PERSON (151)


Picketing (economic coercion) must be lawful
otherwise police can disperse them

PIA or his agent


PIA or his agent must be
must be engaged in

nd

Disobedience in 2

par. must not be serious.

Otherwise it will fall under the 1st par.

in the
the performance of
actual performance

Resistance mustnt be serious otherwise its


direct assault.

official duties or that


of his duties.

he is assaulted by

enforcing it.

reason thereof

ARTICLE 152. PERSONS IN AUTHORITY


AND AGENTS OF PERSONS IN
AUTHORITY WHO SHALL BE DEEMED
AS SUCH

Direct assault is
Committed by resisting or
committed in 4
seriously disobeying
ways by attacking,
a PIA or his agent.
employing force,

PERSON IN AUTHORITY any person


directly
vested with jurisdiction, whether as an
individual or
QuickTime and a

as a member ofTIFF some(Uncopressed)courtdecompressoror


governmental
are needed to see this picture.

seriously

corporation, board or commission. They


include:
Barangay captain

intimidating, and

Barangay chairman

seriously resisting a

For the purposes of Art. 148 and 151:

PIA or his agent.

Teachers
Professors

Use of force against


Simple disobedience

Persons charged with the supervision of


public or duly recognized private schools,
colleges and universities

an agent of PIA must


force against an agent of
be serious and
a PIA is not so serious;
deliberate.
No manifest intention to

defy the law & officers

Lawyers in the actual performance of their


professional duties or on the occasion of such
performance

AGENT OF PERSON IN AUTHORITY any


person who, by direct provision of law or by
election or by appointment by competent

authority, is charged with the maintenance of


public order and the protection and security of
life and property. They include:

not only for Arts. 148 and 151 but also for Art
149 (L.B. Reyes)

Barrio councilman
Chapter Five - PUBLIC DISORDERS
Barrio policeman
Barangay leader
Any person who comes to the aid of persons
in authority
Notes:
Section 388 of the Local Govt. Code
provides that for purposes of the RPC, the
punong barangay, sangguniang barangay
members and members of the lupong
tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions.
Other barangay officials and members who
may be designated by law or ordinance and
charged with the maintenance of public order,
protection and the security of life, property, or
the maintenance of a desirable and balanced
environment, and any barangay member who
comes to the aid of persons in authority shall
be deemed agent of persons in authority.

ARTICLE 153. TUMULTS AND OTHER


DISTURBANCES OF PUBLIC ORDER
TUMULTUOUS DISTURBANCE OR
INTERRUPTION LIABLE TO CAUSE
DISTURBANCE

TUMULTS AND OTHER DISTURBANCES:

Causing any serious disturbance in a


public place, office or establishment;
Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not included

It seems that teachers, professors, lawyers etc


could be considered as persons in authority

Page 82 of 174

Criminal Law Summer


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Making any outcry tending to incite


rebellion or sedition in any meeting,
association or public place;

ATENEO CENTRAL BAR OPERATIONS

Displaying placards or emblems which


provoke a disturbance of public order in
such place;

2007

in Art 131 and 132 (Public Officers interrupting


peaceful meetings or religious worship);

Burying with pomp the body of a person


who has been legally executed.

TUMULTUOUS - caused by more than 3


persons who are armed or provided with
means of violence.

QuickTime and a

NOTES:

Encouraging disobedience to the law or to


the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches.

If the act of disturbing or interrupting a


meeting or religious ceremony is not
committed by public officers, or if
committed by public officers who are
participants therein, this article applies. Art
131 and 132 punishes the same acts if
committed by public officers who are not
participants in the meeting.

The outcry is merely a public disorder if it


is an unconscious outburst which, although
rebellious or seditious in nature, is not
intentionally calculated to induce others to
commit rebellion or sedition, otherwise, it is
inciting to rebellion or sedition.

news that TIFFmay(Uncompressed)endangerdecompressorthe public order, are needed to


see this picture.

or cause damage to the interest or credit


of the State.

Maliciously publishing or causing to be


published any official resolution or
document without proper authority, or

before they have been published officially.

Qualifying circumstance if it is

TUMULTUOUS

Printing, publishing or distributing or


(causing the same) books, pamphlets,
periodicals or leaflets which do not bear the
real printers name, or which are classified
as anonymous.

ARTICLE 154. UNLAWFUL USE OF MEANS


OF
ARTICLE 155. ALARMS AND SCANDALS
PUBLICATION AND UNLAWFUL

UTTERANCES
ACTS PUNISHABLE:

ACTS PUNISHABLE:

Publishing or causing to be published, by


means of printing, lithography or any other
means of publication as news any false

Discharging any firearm, rocket, firecracker,


or other explosive within any town or public
place, calculated to cause alarm or danger.

Instigating or taking active part in any


charivari or other disorderly meeting

offensive to another or prejudicial to public


tranquility.
Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusement.
Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided the act is not covered by Art 153
(tumult).

ARTICLE 156. DELIVERING PRISONERS

ELEMENTS:

That there is a person confined in a jail or


penal establishment;
NOTES:

Charivari is a mock serenade or discordant


noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.

That the offender removes therefrom such


person, or helps the escape of such person.

NOTES:
Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).

What governs is the result, not the intent of


the offender.

Prisoner may be detention prisoner or one


sentenced by virtue of a final judgment.
Escapee, if already serving final judgment,
will in turn be held liable for evasion of
sentence (Art. 157).

Page 83 of 174

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ATENEO CENTRAL BAR OPERATIONS

2007

If merely detention prisoner he is not


criminally liable.

The offender is an outsider to the jail. If the


offender is a public officer or a private
person who has custody of the prisoner and
who helps a prisoner under his custody, Arts.
223 (infidelity in the custody of a prisoner)

and 225 (escape of prisoner under custody of


private person) will apply, respectively.

This felony may also be committed through


imprudence or negligence.
Circumstance qualifying: use of violence,
intimidation or bribery.

Mitigating circumstance: if it takes place


outside the penal establishment by taking the
guards by surprise.

Chapter Six EVASION OF SENTENCE OR

breaking doors, windows, gates, walls, roofs


or floors;
SERVICE
using picklocks, false keys, disguise, deceit,
violence or intimidation; or

ART 157. EVASION OF SERVICE OF


SENTENCE

connivance with other convicts or employees


of the penal institution.

ELEMENTS:

That the offender is a convict by final


judgment;
That he is serving his sentence which
consists in deprivation of liberty (destierro
included); and
That he evades the service of his sentence by
escaping during the term of his sentence.

NOTES:

This is a continuing offense.

This article does not apply to minor


delinquents, detention prisoners, or
deportees.

ARTICLE 158. EVASION OF SERVICE OF


SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES

ELEMENTS:

That the offender is a convict by final


judgment who is confined in a penal
institution.
That there is disorder, resulting from:
conflagration,
earthquake,
explosion,

If the offender escaped within the 15-day


appeal period, crime is not evasion because
judgment is not yet final.

Circumstances qualifying the offense:


Evasion of sentenceQuickTimewasanddonea through:
TIFF (Uncompressed) decompressor

unlawful entry are(byneededscaling);toseethispicture.

similar catastrophe, or
mutiny in which he has not participated;

That the offender evades the service of his


sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny; and
That the offender fails to give himself up to
the authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.

NOTES:

Penalty of commission of this felony is an


increase by 1/5 of the time remaining to be
served under the original sentence, in no
case to exceed 6 months.

ARTICLE 159. OTHER CASES OF EVASION


OF

SERVICE OF SENTENCE

ELEMENTS:
The special allowance for loyalty (i.e.
deduction of sentence) authorized by Articles
98 and 158(2nd paragraph) refers to those
convicts, who having evaded the service of
their sentences by leaving the penal
institution, give themselves up within 48
hours.

A mutiny is an organized unlawful resistance


to a superior officer, a sedition, or a revolt.

Disarming the guards is not mutiny.

That the offender was a convict;


That he was granted a conditional pardon
by the chief executive; and
That he violated any of the conditions of such
pardon.

TWO PENALTIES:

prision correccional in its minimum period if


the penalty remitted does not exceed 6 years.

Page 84 of 174

Criminal Law Summer


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prosecuted under this Article. But under the


Revised Admin. Code, no conviction is
necessary. President has the power to
arrest, and reincarcerate offender without
trial.

ATENEO CENTRAL BAR OPERATIONS

2007

When the penalty remitted is destierro, under


no circumstance may the penalty for the
violation of conditional pardon be destierro.

the unexpired portion of his original


sentence if the penalty remitted is higher
than 6 years.
Chapter Seven COMMISSION OF
NOTES:
ANOTHER CRIME
Offender must have been found guilty of the
subsequent offense (through w/c he violated
his conditional pardon) before he can be

The aggravating circumstance of


reiteracion, on the other hand, requires that
the offender shall have served out his
sentence for the prior offense.

ART. 160. COMMISSION OF ANOTHER


CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANTOHER PREVIOUS
OFFENSE - PENALTY

NOTE: this article provides for quasirecidivism

ELEMENTS:

That the offender was already convicted by


final judgment of one offense; and

That he committed a new felony before


beginning to serve such sentence or while
serving the same.

NOTES:

Quasi-recidivism is a special aggravating


circumstance where a person, after having
been convicted by final judgment, shall

General Rule: A quasi-recidivist may be


pardoned at age 70 Exception: Unworthy,
or habitual delinquent

If new felony is evasion of sentence,


offender is not a quasi-recidivist.

The penalty: maximum period of the


penalty for the new felony should be
imposed. Mitigating circumstance can only be
appreciated if the maximum penalty is
divisible.

Quasi-Recidivism may be offset by a special


privileged mitigating circumstance. (Ex.
Minority)

TITLE FOUR

commit a new felonyQuickTime beforeanda beginning to


TIFF (Uncompressed) decompressor

CRIMES AGAINST PUBLIC INTEREST

serve such aresentence,needdtose thisorpicturewhile.


serving the same.

Second crime must belong to the RPC, not


special laws. First crime may be either
from the RPC or special laws.

Chapter One Forgeries

ARTICLE 162. USING FORGED SIGNATURE


OR COUNTERFEIT SEAL OR STAMP

ARTICLE 161. COUNTERFEITING THE


GREAT SEAL OF THE GOVERNMENT OF
THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE

ACTS PUNISHABLE:

ELEMENTS:

That the great seal of the Republic was


counterfeited or the signature or stamp of the
chief executive was forged by another
person;

Forging the great seal of the Government;


Forging the signature of the President; or

That the offender knew of the counterfeiting


or forgery; and

Forging the stamp of the President.

NOTE: When the signature of the President is


forged, it is not falsification but forging of
signature under this article.

That he used the counterfeit seal or forged


signature or stamp.

Page 85 of 174

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ELEMENTS:

ATENEO CENTRAL BAR OPERATIONS

2007

That there be false or counterfeited coins

(need not be legal tender);


NOTE: Offender is NOT the forger or the
cause of the counterfeiting

That the offender either made, imported or


uttered such coins; and

ARTICLE 163. MAKING AND IMPORTING


AND

That, in case of uttering such false or


counterfeited coins, he connives with
counterfeiters or importers.

UTTERING FALSE COINS


NOTES:

A coin is counterfeit, if it is forged, or if it is not


authorized by the government as legal tender,
regardless if it is of intrinsic value.

TIFF (Uncompressed) decompressor

4.
Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.

burning
are needed to see this picture.

To utter is to pass counterfeited coins, deliver


or give away.

To import is to bring them into port.


Importation is complete even before entry at
the Customs House.
This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
from circulation. This does not require that
the coins counterfeited be legal tender.

5.
destruction of Central Bank notes and coins

NOTES:

ARTICLE 164. MUTILATION OF COINS


IMPORTATION AND UTTERANCE OF
MUTILATED COINS

Mutilation is to take off part of the metal


either by filing it or substituting it for another
metal of inferior quality, to diminish by
ingenious means the metal in the coin.

This has been repealed by PD 247.

ACTS PUNISHABLE (PD 247):

willful defacement
mutilation

Foreign notes and coins not included


under this article. Mutilation must be of

3.
tearing

Philippine legal tender.

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There must be intention to mutilate

NOTES:
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT
CONNIVANCE

ACTS PUNISHABLE:

Possession of a coin, counterfeited or


mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated.

ELEMENTS:

Possession or uttering does not require that


coins be legal tender.
Crime under this article includes
constructive possession or the subjection of
the thing to ones control.

R.A. 427 punishes possession of silver or


nickel coins in excess of P50.00. It is a
measure of national policy to protect the
people from the conspiracy of those hoarding
silver or nickel coins and to preserve and
maintain the economy.

possession
with intent to utter, and
knowledge

Actually uttering such false or mutilated


coin, knowing the same to be false or
mutilated.

ELEMENTS:

ARTICLE 166. FORGING TREASURY OR


BANK NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND UTTERING
FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES

ACTS PUNISHABLE:

Forging or falsification of treasury or bank


notes or documents payable to bearer;
Importing of such notes; or

actually uttering, and


knowledge

Uttering of such false or forged obligations


and notes in connivance with forgers and
importers.

Page 86 of 174

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ATENEO CENTRAL BAR OPERATIONS

2007

NOTES:

Forging is committed by giving a treasury or bank


note or document payable to bearer or order an
appearance of a true and genuine document.

Elements:
QuickTime and a

1. That any treasuryTIFF(Uncompressed)orbankdecompressornote or


certificate

Falsification is committed by erasing, substituting,


counterfeiting or altering by any means the figures
and letters, words, signs contained therein.
Example: falsifying lotto or sweepstakes ticket
constitutes the complex crime of attempted estafa
through falsification of a government security.

Forging PNB checks is not included under this


article. That is falsification of commercial
document under Article 172.

are needed to see this picture.

or other obligation and security payable to


bearer, or any instrument payable to order or
other document of credit not payable to bearer
is forged or falsified by another person;

That the offender knows that any of those


instruments is forged or falsified; and

That he performs any of these acts:


Obligation or security includes bonds, certificate of
indebtedness, bills, national bank notes, coupons,
treasury notes, certificates of deposit, checks,
drafts for money, and sweepstakes money.

using any of such forged or falsified


instruments, or

ARTICLE 167. COUNTERFEITING, IMPORTING,


AND UTTERING INSTRUMENTS NOT PAYABLE
TO BEARER

possessing with intent to use any of such


forged or falsified instruments.
ELEMENTS:

That there be an instrument payable to order or


other document of credit not payable to bearer;
That the offender either forged, imported or
uttered such instruments; and
That in case of uttering, he connived with the
forger or importer.

ARTICLE 168. ILLEGAL POSSESSION AND USE


OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENTS OF CREDIT

The act sought to be punished is knowingly


possessing with intent to use any of such
forged treasury or bank notes.

The accused has the burden to give a


satisfactory explanation of his possession of
forged bills. Mere possession of false money
bill, without intent to use it to the damage of
another, is not a crime.

ARTICLE 169. HOW FORGERY IS COMMITTED

LEGISLATIVE DOCUMENTS

HOW FORGERY IS COMMITTED:

ELEMENTS:

by giving to a treasury or bank note or any


instrument payable to bearer or to order, the
appearance of a true and genuine document;

That there be a bill, resolution, or ordinance


enacted or approved or pending approval by
Congress or any provincial board or municipal
council;

by erasing, substituting, counterfeiting, altering by


any means the figures, letters or words, or
signs contained therein.

If all acts are done but genuine appearance is


not given, the crime is frustrated.

That the offender (any person) alters the


same;
That he has no proper authority therefor;
and

That the alteration has changed the meaning


of the document.

P.D. No. 247 punishes the willful defacement,


mutilation, tearing, burning, or destruction in any

manner of currency notes or coins issued by the


Central Bank of the Philippines.

ARTICLE 170. FALSIFICATION OF

Accused must not be a public official


entrusted with the custody or possession of
such document, otherwise Art. 171 applies.

There can be no falsification through


reckless imprudence as that will be
inconsistent with the element of intent to
cause damage in said crime.

Page 87 of 174

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ATENEO CENTRAL BAR OPERATIONS

2007

ELEMENTS:

That the offender is a public officer,


employee, or notary public.

That he takes advantage of his official


position.
ARTICLE 171. FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER

He has the duty to make or to prepare or


otherwise to intervene in the preparation of
the document; or
He has the official custody of the document
which he falsifies

That he falsifies a document by committing


any of the following acts:
Counterfeiting or imitating any handwriting,
signature or rubric.

PERSONS WHO MAY BE HELD LIABLE

Public officer, employee, or notary public


who takes advantage of his official position

Ecclesiastical minister if the act of


falsification may affect the civil status of
persons
Private individual, if in conspiracy with public
officer

Causing it to appear that persons have


participated in any act or proceeding when
they did not in fact so participate
Attributing to persons who have participated
in an act or proceeding statements other than
those in fact made by them.
Making untruthful statements in a narration of
facts.
ACTS OF FALSIFICATION
Altering true dates.
Making any alteration or intercalation in a
genuine document which changes its
meaning.
Issuing in authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement contrary
to, or different from, that of the genuine
original.
Intercalating any instrument or note relative to
the issuance thereof in a protocol, registry or
official book.
In case the offender is an ecclesiastical
minister, the act of falsification is committed
with respect to any record or document of
such

Counterfeiting or imitating any


handwriting, signature or rubric.

COUNTERFEITING

ELEMENTS:
That there be an intent to imitate, or an
attempt to imitate; and

That the two signatures or handwritings, the


genuine and the forged, bear some
resemblance, to each other.

character that its falsification may affect the

QuickTime and a civil

status of TIFFpersons(Uncompressed). decompressor

are needed to see this picture.

Lack of similitude/imitation of a genuine


signature will not be a ground for conviction
under par. 1 but such is not an impediment to
conviction under par. 2.

Causing it to appear that persons have


participated in an act or a proceeding

That the offender caused it to appear in a


document that a person or persons
participated in an act or a proceeding
That such person did not in fact participate in
the act or proceeding

Attributing to persons who have


participated in any act or proceeding
statements other than those in fact made
by them.

That such person or persons made


statements in that act or proceeding; and
That the offender, in making a document,
attributed to such person or persons
statements other than those in fact made by
such person or persons

Making untruthful statements in a


narration of facts.

ELEMENTS:

That the offender makes in a document


statements in a narration of facts
That a person or persons participated in an
act or a proceeding

That he has a legal obligation to disclose


the truth of the facts narrated by him
That the facts narrated by the offender are
absolutely false;

Page 88 of 174

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by him. This kind of falsification may be


committed by omission.

ATENEO CENTRAL BAR OPERATIONS

Legal obligation means that there is a law


requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates

2007

That the perversion of truth in the narration of


facts was made with the wrongful intent of
injuring a third person

There must be a narration of facts, not a


conclusion of law. Narration must be on a
material matter.

The person making the narration of facts must


be aware of the falsity of the facts narrated

Enemecio v. Office of the Ombudsman, GR


146731, 1/13/04

As the Ombudsman correctly pointed out,


Enemecio failed to point to any law imposing
upon Bernante the legal obligation to disclose
where he was going to spend his leave of
absence. Legal obligation means that there
is a law requiring the disclosure of the truth of
the facts narrated. Bernante may not be
convicted of the crime of falsification of public
document by making false statements in a
narration of facts absent any legal obligation
to disclose where he would spend his
vacation leave and forced leave.

contrary to, or different from, that of the


genuine original.

if no knowledge, falsification through


negligence
Altering true dates.

Date must be essential

Alteration mujst affect veracity of document or


effects

Making any alteration or intercalation in a


genuine document which changes its
meaning.

ELEMENTS:

That there be an alteration (change) or


intercalation (insertion) on a document

Intercalating any instrument or note relative to


the issuance thereof in a protocol, registry or
official book.

This involves a genuine document

There is no crime of attempted or


frustrated falsification of public document.
If offender does not take advantage of his
public position, he may still be liable for
falsification of documents by a private
person under Art. 172.

It is not necessary that what is falsified is a


genuine or real document. It is enough that it
gives an appearance of a genuine article.

That it was made on a genuine document


That the alteration or intercalation has
changed the meaningQuickTimeandofa a document
TIFF (Uncompressed) decompressor

DOCUMENT - any written statement by which


a right is established or an obligation is
extinguished

4.
That theare neededchangetose thismadepicture.
the document speak something false
COUNTERFEITING intent or attempt to
imitate
g.
Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a statement

FEIGNING - to represent by false appearance


when no original exists

That the falsification was committed in any


public or official or commercial document.

ARTICLE 172. FALSIFICATION BY PRIVATE


INDIVIDUALS AND USE OF FALSIFIED
INSTRUMENTS

ELEMENTS OF FALSIFICATION OF
PUBLIC, OFFICIAL, OR COMMERCIAL
DOCUMENT BY A PRIVATE INDIVIDUAL
(par 1):

Under this paragraph, damage is not


essential, it is presumed.

Lack of malice or criminal intent may be


put up as a defense under this article.

The following writings are public:


That the offender is a private individual or a
public officer or employee who did not take
advantage of his official position;
That he committed any of the acts of
falsification enumerated in ART. 171;

written official acts or records of acts of the


sovereign authority, official bodies and
tribunals, and of the public officers, legislative,
judicial and executive, whether of the
Philippines or of a foreign country;
Documents acknowledged before notary
public except last wills and testaments;

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Public records, kept in the Philippines, of


private documents required by law to be
entered therein.

Commercial documents: warehouse receipts,


airway bills, bank checks, cash files, deposit
slips and bank statements, journals, books,
ledgers, drafts, letters of credit and other
negotiable instruments.
Cash disbursement vouchers or receipts
evidencing payments are not commercial
documents.

A mere blank form of an official document is


not in itself a document.

The possessor of falsified document is


presumed to be the author of the falsification.
Issuing in authenticated form a
document(art. 171(7)) purporting to be a copy
of an original document when no such original
exists, or including in such copy a statement
contrary to, or different from, that of the genuine
original - can be committed only by a public
officer or notary public who takes advantage of
his official position since the authentication can
be made only by the custodian or the one who
prepared and retained a copy of the original
document

ELEMENTS OF FALSIFICATION OF PRIVATE


DOCUMENT:
That the offender committed any of the acts of
falsification, except those in paragraph 7
and 8, enumerated in art. 171;

That the falsification was committed in any


private document; and

That the falsification caused damage to a


third party or at least the falsification was
committed with intent to cause such
damage
.

It is not necessary that the offender


profited or hoped to profit

A document falsified as a necessary means


to commit another crime (complex crime)
must be public, official or commercial.
Hence, there is no complex crime of estafa
through
falsification of a privateQuickTimedocumentanda because the

becomes part of an official record and is


certified by a public officer duly authorized by
law.

The crime is falsification of public


documents even if the falsification took
place before the private document became
part of the public records.

ELEMENTS OF USE OF FALSIFIED


DOCUMENT (par. 3, art. 172):

Introducing in a judicial proceeding

That the offender knew that a document was


falsified by another person.

TIFF (Uncompressed) decompressor

immediate effectareofneededthetolatterseethis
p cture
is the. same as that of estafa.

There is no falsification through reckless


imprudence if the document is private and no
actual damage is caused.
If the estafa was already consummated at
the time the falsification of a private
document was committed for the purpose
of concealing the estafa, the falsification is
not punishable. As regards the falsification
of the private

That the false document is embraced in art.

171 or in any subdivisions nos. 1 and 2 of


art. 172.
That he introduced said document in evidence
in any judicial proceeding.

Use in any other transaction

That the offender knew that a document was


falsified by another person.

That the false document is embraced in art.


document, there was no damage or intent
to cause damage.

A private document may acquire the


character of a public document when it

171 or in any of subdivision nos. 1 and 2 of


art. 172.
That he used such documents (not in judicial
proceedings).

DOCUMENTS
That the use of the documents caused
damage to another or at least was used with
intent to cause such damage.

OFFICIAL DOCUMENTS
Damage to third party
Damage to third persons is

The user of the falsified document is


deemed the author of the falsification, if:
The use was so closely connected in time
with the falsification, and
The user had the capacity of falsifying the
document.

is an element of the
immaterial;
offense.
what is punished is the

violation of public faith and


FALSIFICATION OF
FALSIFICATION OF

perversion of truth which the

PRIVATE
PUBLIC/

document proclaims.

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ARTICLE 173. FALSIFICATION OF


WIRELESS, CABLE, TELEGRAPH, AND
TELEPHONE MESSAGES, AND USE OF
SAID FALSIFIED MESSAGES

ACTS PUNISHABLE:

ELEMENTS:

a.
That the offender is an officer or
employee of the government or an officer or
employee of a private corporation, engaged in
the service of sending or receiving
wireless, cable or telephone message; and

b.
That the accused commits any of the
following acts:

- uttering fictitious wireless, cable,


telegraph, or telephone message, or falsifying wireless, cable, telegraph,
or telephone message

1.
Uttering fictitious, wireless,
telegraph or telephone message or
falsifying message.

A private individual may be a principal


by inducement but not direct participation

2. Using such falsified message.

ELEMENTS:

a.
That the accused knew that wireless,
cable, telegraph, or telephone message was
falsified by any of the person specified in the
first paragraph of art. 173;

false certificate which refers to the illness or


injury of a person.

b.
That the accused used such falsified
dispatch; and

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

Public officer who issued a false certificate


of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence
Private individual who falsified a certificate
under (1) and (2).

ARTICLE 175. USING FALSE

The public officer, to be liable, must


be engaged in the service of sending or
receiving wireless, cable and telegraph or
telephone message.

CERTIFICATES

Act No. 1851, Sec. 4, punishes private


QuickTime and a

individuals TIFFwho(Uncompressed)forgeordecompressoraltertelegram.

CERTIFICATE - any writing by which


testimony is given that a fact has or has not
taken place

are needed to see this picture.

ELEMENTS:
ARTICLE 174. FALSE MEDICAL

CERTIFICATES, FALSE CERTIFICATES OF

That a physician or surgeon has issued a


false medical certificate, or a public officer
has issued a false certificate of merit or
service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates;

MERIT OR SERVICE, ETC

PERSONS LIABLE:

Physician or surgeon who, in connection


with the practice of his profession, issued a

That the offender knew that the certificate


was false; and

That he used the same.

When any of false certificates mentioned in


Article 174 is used in judicial proceedings,
Article

does not apply because it is limited only to


those false documents embraced in Articles
171 and 172.

Possessing with intent to use the


instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.

NOTES:

ARTICLE 176. MANUFACTURING AND


POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION

ACTS PUNISHABLE:

Making or introducing into the Philippines


any stamps, dies or marks or other
instruments or implements for
counterfeiting or falsification.

The implements confiscated need not form a


complete set. It is enough that they may be
employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification.

Constructive possession is also punished.

Article 165 and 176 of the Revised Penal


Code, also punish constructive possession.

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Usurpation of authority: By knowingly and


falsely representing oneself to be an officer,
agent or representative of any department or
agency of the Philippine or any foreign
government
Usurpation of official functions: By
performing an act pertaining to any person
in authority or public officer of the Philippines
or foreign government under the pretense of
such official position, and without being
lawfully entitled to do so.

ARTICLE 177. USURPATION OF


AUTHORITY
NOTES:

OR OFFICIAL FUNCTIONS

ACTS PUNISHABLE:

In usurpation of authority, the mere act of


knowingly and falsely representing oneself
is sufficient. It is not necessary that he

performs an act pertaining to a public


officer.
There must be positive, express and explicit
representation and not merely a failure to
deny. Representation may be shown by acts.

Hefti was charged with Usurpation of Official


Function for issuing a notice of distraint, a
function of the BIR

In usurpation of official functions, it is


essential that the offender should have
performed an act pertaining to a person in
authority.

A public officer may also be an offender.

Note: the usurpation must pertain to a


department or agency of the Philippine
Government or any foreign government.

Sec. 1 RA 75 punishes any person who shall


falsely assume and take upon himself to act
as a diplomatic, consular, or any other official
of a foreign government duly accredited as
such to the Government of the Republic of
the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed
in RPC, the offender shall be fined not more

Commissioner. While it is true that under Sec.


206 of the NIRC as amended, the
Commissioner of the BIR and not any Officer of
the BIR was the one granted with the power to
issue a notice of distraint, it bears to stress,
however, that when respondent Hefti exercised
such function of the BIR Commissioner, she
was then designated Officer-In-Charge of the
BIR by President Gloria Macapagal-Arroyo, as
evidenced by a photocopy of her Memorandum
of Appointment dated January 23, 2001. xxx
Suffice it to say that when respondent Hefti
issued the notice of distraint, she was clothed
with authority to issue the same in view of her
appointment as the then Officer-In-Charge of
the BIR. Hence, the charge for Usurpation of
Official Function does not apply to said
respondent.

than P5,000 or shall be imprisoned for not


QuickTime and a

Chapter Two OTHER FALSITIES

more than TIFF5years(Uncompressed)orbothdecompressor.

are needed to see this picture.

If it can be proven that the usurpation of


authority or official functions by accused was
done in good faith or under cloth of authority,
then the charge of usurpation will not apply.

ARTICLE 178. USING FICTITIOUS NAME


AND

Ex. See Estrada v. Desierto


CONCEALING TRUE NAME
Estrada v. Desierto, GR 156160, 12/9/04
ELEMENTS OF USING FICTITIOUS NAME:

That the offender uses a name other than


his real name;

USE OF FICTITIOUS NAME


CONCEALING
(178)

That he uses that fictitious name publicly;

TRUE NAME

That the purpose of the offender is


To conceal a crime,
To evade the execution of a judgment, or
To cause damage to public interest.

(178)
Element of publicity must be
Publicity not
present

Ex. Signing fictitious name for a passport

necessary
Purpose is to conceal a crime, to

ELEMENTS OF CONCEALING TRUE


NAME:

Purpose is only
evade the execution of a

That the offender conceals


his true name, and
all other personal circumstances; and
That the purpose is only to conceal his
identity.

to conceal
judgment, or to cause damage
identity
to public interest

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C.A. NO. 142 (Anti-Alias Law)

PERSONS LIABLE:

Any person who uses any name different


from the one w/ w/c he was registered at
birth in the office of the local civil registry, or
w/ w/c he was registered in the bureau of
immigration upon entry, or such substitute
name as may have been authorized by a
competent court. Exempted from criminal
liability are persons who use another name as
a pseudonym solely for literary, cinema,
television, radio, or other entertainment
purposes and in athletic events; and

Any person who having been baptized with a


name different from what was registered, or
who had obtained judicial authority for use of
an alias, or who uses a pseudonym,
represents himself in any public or private
document w/o stating or affixing his real or
original name or aliases or pseudonym he
is authorized to use.

An exact imitation of the dress or uniform is


unnecessary; a colorable resemblance
calculated to deceive is sufficient

The term improperly means that the


offender has no right to use the uniform or
insignia.

NOTES:

A judicial authority must be first secured by


a person who desires to use an alias.

However, a common-law wife does not incur


criminal liability under the Anti-Alias Law if she
uses the surname of the man she has been
living w/ for the past 20 years and has been
introducing herself to the public as his wife.

ARTICLE 179. ILLEGAL USE OF


UNIFORMS

Wearing the uniform of an imaginary office,


not punishable

Using naval, military, police or other official


uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished
by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or
both

OR INSIGNIA

ELEMENTS:

That the offender makes use of insignia,


uniform or dress;
That the insignia, uniform or dress pertains to
an office not held by the offender or to a
class of persons of which he is not a

Wearing insignia, badge or emblem of rank of


the members of the Armed Forces of the
Philippine or Constabulary is punished by RA
493 by a fine of not less than P100 and not
exceeding P2,000 or by imprisonment for not
less than one month or not exceeding two
years, or both, except if used in playhouse or
theater or in moving picture films

ARTICLE 180. FALSE TESTIMONY


AGAINST A

member; and QuickTime and a TIFF (Uncompressed) decompressor

3.
That said insignia,areneeded
to
seethispicture .
uniform
or dress is used publicly and
improperly.

DEFENDANT

NOTES:

ELEMENTS:

That there be a Criminal proceeding;

Violation of this article requires criminal


intent. Hence, it cannot be committed
through negligence.

Offender testifies falsely under oath


against the defendant therein;
The offender need not impute guilt upon the
accused to be liable.
Offender knows that it is false; and
The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.

FALSE TESTIMONY - committed by a person


who, being under oath and required to testify
as to the truth of a certain matter at a hearing
before a competent authority, shall deny the
truth or say something contrary to it

NOTES:

The defendant must at least be sentenced to


a correctional penalty or a fine, or must have
been acquitted.

The witness who gave false testimony is liable


even if the court did not consider his
testimony.
Penalty depends upon sentence imposed
on the defendant except in the case of a
judgement of acquittal. Since Art. 180 does
not prescribe the penalty where the defendant
in a criminal case is sentenced to a light
penalty, false testimony in this

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instance cannot be punished considering


that a penal must be strictly construed.

ARTICLE 181. FALSE TESTIMONY

FAVORABLE TO THE DEFENDANT

NOTES:

False testimony by negative statement is still


in favor of the defendant.

False testimony in favor of defendant need


not directly influence the decision of acquittal
nor benefit the defendant(intent to favor
defendant sufficient)

A statement of mere opinion is not


punishable.

Conviction or acquittal is not necessary (final


judgment is not necessary), but gravity of
crime in principal case should be shown

5.
That the testimony must be
malicious and given with an intent to affect
the issues presented in the said case.

A defendant who voluntarily goes up on the


witness stand and falsely imputes to
another person the commission of the
offense is liable under this article. If he merely
denies the commission of the offense, he is
not liable.

This article is not applicable when


testimony is given in a special proceeding.
In this case, the crime is perjury.

Rectification made spontaneously after


realizing mistake is not false testimony (Not
liable if there is no evidence that accused
acted with malice or criminal intent to testify
falsely)
The penalty in this article is less than that
which is provided in the preceding article
because there is no danger to life or liberty of
the defendant.

Basis of penalty: amount involved in the civil


case.

ARTICLE 183. FALSE TESTIMONY IN


OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION
ARTICLE 181. FALSE TESTIMONY IN CIVIL

CASES

ELEMENTS:

1.
That the testimony must be given in a
civil case;

2.
That the testimony must relate to the
issues presented in said case;

ELEMENTS:

That an accused made a statement under


oath or made an affidavit upon a material
matter;
That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath;
That in that statement or affidavit, the accused
made a willful and deliberate assertion of a
falsehood; and

3. That the testimonyQuickTimemust beand afalse;


TIFF (Uncompressed) decompressor

4.
That the falseare
testimonynededtoseethismustpictre. be given by the
defendant knowing the same to be false; and

That the sworn statement or affidavit


containing the falsity is required by law.

Two (2) Ways Of Committing Perjury:

by falsely testifying under oath


by making a false statement

NOTES:

Subornation of perjury is committed if a


person procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one
inducing another as principal by inducement
and the one induced as principal by direct
participation.

Solemn affirmation refers to non-judicial


proceedings and affidavits.
A false affidavit to a criminal complaint may
give rise to perjury.

A matter is material when it is directed to


prove a fact in issue.
A competent person authorized to administer
an oath means a person who has a right to
inquire into the questions presented to him
upon matters under his jurisdiction.

There is no perjury through negligence or


imprudence since the assertion of falsehood
must be willful and deliberate.

Even if there is no law requiring the statement


to be made under oath, as long as it is made
for a legal purpose, it is sufficient.

Perjury is an offense which covers false oaths


other than those taken in the course of
judicial proceedings.

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ELEMENTS:

2007

False testimony before the justice of the


peace during a preliminary investigation may
give rise to the crime of perjury, not false
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is
rendered.

That the offender offered in evidence a false


witness or false testimony;
That he knew the witness or the testimony
was false; and
That the offer was made in a judicial or
official proceeding.

NOTES:

ART. 184. OFFERING FALSE TESTIMONY


IN

This article applies when the offender,


without inducing another but knowing him
to be a false witness, presented him and the

latter testified falsely in a judicial or official


proceeding.
The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false witness
is not punished by law as that is not offering a
false witness.

The false witness need not be convicted of


false testimony. A mere offer to present him is
sufficient.

That the accused had the intent to cause the


reduction of the price of the thing auctioned.

ELEMENTS OF ATTEMPTING TO CAUSE


BIDDERS TO STAY AWAY:

That there be a public auction;

Chapter Three FRAUDS

That the accused attempted to cause the


bidders to stay away from that public
auction;
That it was done by threats, gifts, promises,
or any other artifice; and

That the accused had the intent to cause the


reduction of the price of the thing auctioned.
ARTICLE 185. MACHINATIONS IN PUBLIC
AUCTIONSQuickTime and a TIFF (Uncompressed) decompressor

NOTES:
are needed to see this picture.

ELEMENTS OF MACHINATIONS IN PUBLIC


AUCTIONS:

The crime is consummated by the mere act of


soliciting a gift or promise for the purpose of
abstaining from taking part in any public
auction.

That there be a public auction;


The threat need not be effective nor the offer
or gift accepted for the crime to arise.
That the accused solicited any gift or a
promise from any of the bidders;

Execution sales should be opened to free and


full competition in order to secure the
maximum benefit for the debtors.

That such gifts or promise was the


consideration for his refraining from taking
part in that public auction; and
ARTICLE 186. MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE

ACTS PUNISHED:

NOTES:

Conspiracy or combination to prevent free


competition in the market

Combination to prevent free competition in


the

Monopoly to restrain free competition in the


market

market - By entering into a contract or


agreement or taking part in any conspiracy or
combination in the form of a trust or
otherwise, in restraint of trade or commerce
or to prevent by artificial means free
competition in the market; It is enough that
initial steps are taken. It is not necessary
that there be actual restraint of trade.

Manufacturer, producer, or processor or


importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise

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corporation/association
agent/representative

ATENEO CENTRAL BAR OPERATIONS

2007

director/manager who willingly permitted


or failed to prevent commission of above
offense
When offense is committed by a corporation
or association, the president and directors or
managers are liable.

Monopoly to restrain free competition in the


market - By monopolizing any merchandise or
object of trade or commerce, or by combining
with any person or persons to monopolize
said merchandise or object in order to alter
the prices thereof by spreading false rumors
or making use of any other artifice to
restrain free competition in the market

Mere conspiracy or combination is punished

Crime is aggravated if the items involved are:


food substance
motor fuel or lubricants

Manufacturer, producer, or processor or


importer combining, conspiring or
agreeing with any person to make
transactions prejudicial to lawful
commerce or to increase the market price
of the merchandise.

Also liable as principals:

goods of prime necessity

RA 3720 - created Food and Drug


Administration

RA 6361 - created Price Control Council

RA 1180 - an Act to regulate the Retail


Business

A MONOPOLY is a privilege or peculiar


advantage vested in one or more persons or
companies, consisting in the exclusive right or
power to carry on a particular business or
trade, manufacture a particular article, or
control the sale or the whole supply of a
particular commodity. It is a form of market
structure in which one or only a few firms
dominate the total sales of a product or
service. On the other hand, a COMBINATION
IN RESTRAINT OF TRADE is an agreement
or understanding between two or
QuickTime and a

a contract, trust,

more persons, in the form of

ARTICLE 187. IMPORTATION AND


DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS

ELEMENTS:

That the offender imports, sells or disposes


of any article or merchandise made of gold,
silver or other precious metals;
That the stamps, brands, or marks of those
articles or merchandise fails to indicate the
actual fineness or quality of said metals or
alloys; and
That the offender knows that the said stamp,
brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.

TIFF (Uncompressed) decompressor

are needed to see this picture.

other form of

pool, holding company, or

association, for the purpose of unduly


restricting competition, monopolizing trade
and commerce in a certain commodity,
controlling its production, distribution and
price, or otherwise interfering with freedom of
trade without statutory authority. Combination
in restraint of trade refers to the means while
monopoly refers to the end.

When evidence show the article to be


imported, selling the misbranded articles is
not necessary.

The manufacturer who alters the quality or


fineness is liable for estafa under Art. 315,
2(b)

ARTICLE 188. SUBSTITUTING AND


ALTERING TRADEMARKS, TRADENAMES,
OR SERVICE MARKS

ACTS PUNISHABLE:

By (a) substituting the trade name (t/n) or


trademark (t/m) of some other manufacturer
or dealer or a colorable imitation thereof, for
the t/n or t/m of the real manufacturer or
dealer upon any article of commerce; and (b)
selling the same.
By selling or by offering for sale such
article of commerce, knowing that the t/n or
t/m has been fraudulently used.
By using or substituting the service mark
of some other person, or a colorable imitation
of such marks, in the sale or advertising of
services.

By printing, lithographing or reproducing


t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for which it is
to be used.

TRADE-NAME OR TRADE-MARK is a
word or words, name, title, symbol, emblem,
sign or device, or any combination thereof
used as an advertisement, sign, label, poster,
or otherwise, for

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The tradename, trademark or service mark


need not be identical; a colorable imitation is
sufficient. There must not be differences which
are glaring and striking to the eye.

2007

the purpose of enabling the public to


distinguish the business of the person who
owns and uses said trade-name or trademark

SERVICE MARK is a mark used in the sale


or advertising of services to identify the
services of one person and distinguish them
from the services of others and includes
without limitation the marks, names, symbols,
titles, designations, slogans, character
names, and distinctive features of radio or
other advertising

NOTES:

The provisions of Articles 188 and 189 of the


Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of
the Philippines) are repealed.

Mark means any visible sign capable of


distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container.

Tradename: identify or distinguish an


enterprise; not necessarily attached or affixed to
the goods of the owner.

Trademarks: to indicate origin of ownership of


goods to which it is affixed
In trademarks, it is not necessary that the
goods of the prior user and the later user of the
trademark are of the same categories. The
meat of the matter is the likelihood of confusion,
mistake or deception upon purchasers of the
goods of the junior user of the mark and goods
manufactured by the previous user.

The tradename or trademark must be


registered. Trademark must not be merely
descriptive or generic.

That the offender gives his goods the general


appearance of the goods of another
manufacturer or dealer;
That the general appearance is shown in the

The exclusive right to an originally valid


trademark or tradename is lost, if for any
reason it loses its distinctiveness or has
become publici jurisQuickTime. and a

goods themselves, (b) wrapping of their


packages, (c) device or words therein, or in

any other feature of their appearance;

TIFF (Uncompressed) decompressor are needed to see this picture.

ARTICLE 189. UNFAIR COMPETITION,


FRAUDULENT REGISTRATION OF TRADE
NAME, TRADEMARK, OR SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN,
AND FALSE DESCRIPTION

* Superseded by RA 8293, the Intellectual


Property Code, Jan. 1, 1998.

That the offender offers to sell or sells those


goods or gives other persons a chance or
opportunity to do the same with a like purpose;
and

That there is actual intent to deceive the public


or defraud a competitor.

UNFAIR COMPETITION: consists in employing


deception or any other means contrary to good
faith by which any person shall pass off the
goods manufactured by him or in which he
deals, or his business, or services for those of
the one having established goodwill, or
committing any acts calculated to produce such
result

ACTS PUNISHED:
Unfair Competition
Unfair competition by selling his goods, giving
them the general appearance of the goods of
another manufacturer or dealer.
Fraudulent designation of origin by (a) affixing
to his goods or using in connection with his
services a false designation of origin; or any
false description or representation, and (b)
selling such goods or services.
Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.

ELEMENTS OF UNFAIR COMPETITION:

Infringement of

trademark or trade
a mark or trade name is

goods and thereby has

name
employed

acquired a property right

Broader, more inclusive

in such symbol or mark

Limited range

Gives his goods the


Identified in the mind of

Sells goods on which

Identified a peculiar
general appearance of
trademark is affixed
the public whether or not

symbol or mark with his

the goods of another

Page 97 of 174

Criminal Law Summer


Reviewer

RPC provisions on crimes related to opium


and other prohibited drugs)

ATENEO CENTRAL BAR OPERATIONS

2007

TITLE FIVE

CRIMES RELATED TO OPIUM AND OTHER


PROHIBITED DRUGS

Policy

Campaign against Drugs and Protection of


State

Balance Medicinal Purpose


Rehabilitation

ACTS PUNISHABLE:
Articles 190-194 of the Revised Penal Code
are repealed by Republic Act No. 6425 The
Dangerous Drugs Act of 1972 which took
effect on March 30, 1972 (Sec. 42), as
amended by PD No. 1683 and further
amended by RA No. 7659

1. Importation of dangerous drugs (even for


floral, decorative and culinary purposes)
and/or controlled precursors and essential
chemicals

Qualifying circumstance:

THE DANGEROUS DRUGS ACT OF 2002

(R. A. NO. 9165, repealing R. A. NO. 6425


and

a.
If the importation was through the use
of a diplomatic passport, diplomatic facilities
or any other means involving the offenders
official status.

b.
Organizes, manages or acts as a
financier

The protector or coddler is also liable.

2. Sale, administration, delivery,


distribution and

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Qualifying circumstances:

where a prohibited/regulated drug is


administered, delivered, or sold to a minor
who is allowed to use the same in such place;
or
should a prohibited drug be the proximate
cause of the death of the person using the
same in such den, dive or resort.

transportationTIFFof(Uncompressed)dangerousdecompressordrugs

Organizes, manages or acts as financier


are needed to see this picture.

The protector or coddler is also liable.


Qualifying circumstances:

Within 100 meters from a school;


If minors/mentally incapacitated individuals
are used as runners, couriers and
messengers of drug pushers;
If the victim of the offense is a minor, or
should a prohibited/regulated drug involved in
any offense under this section

If place owned by third person, the same shall


be confiscated and escheated in favor of
government IF
Complaint specifically allege that such place
used intentionally for furtherance of crime
Prosecution proves intent on part of owner
Owner included as accused in criminal
complaint

OPIUM DIVE OR RESORT: place where


dangerous drug and/or controlled precursor
and essential chemical is administered,
delivered, stored for illegal purposes,
distributed, sold or used in any form (To be
habitual prior conviction, reputation of
place)
be the proximate cause of the death of a
victim thereof
Being employees or visitors of drug den
who are aware of the nature of such place
d. Organizes, manages or acts as financier

Maintenance of a den, dive, or resort where


any controlled precursor and essential
chemical is sold or used

For the employee who is aware of nature of


place and any person who knowingly visits
such place

A person who visited another who was


smoking opium shall not be liable if the place
is not an opium dive or resort

Any phase conducted in presence or with help


of minors
Manufacture of dangerous drugs and/or
controlled precursors and essential chemicals

Aggravating circumstance: Clandestine lab is


undertaken under the following
circumstances:

Established/undertaken within 100m of


residential, business, church or school
premises

Page 98 of 174

Criminal Law Summer


Reviewer

ATENEO CENTRAL BAR OPERATIONS

2007

Lab secured/protected by booby traps

Concealed with legitimate business


operations

CHEMICAL DIVERSION: sale, distribution,


transport of legitimately imported, in-transit,
manufactured or procured controlled
precursors or essential chemicals to any
person or entity engaged in manufacture of
dangerous drug and concealment of such
transaction through fraud, destruction of
documents, fraudulent use of permits,
misdeclaration, use of front companies or mail
fraud

Manufacture or delivery of equipment,


instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursor and essential chemicals

Employment of practitioner, chemical


engineer, public official or foreigner
Qualifying circumstance: Organizes,
manages or acts as financier

Acts Punishable:

deliver
Prima facie proof of manufacture: presence
of controlled precursor and essential chemical
or lab equipment in the clandestine lab

CLANDESTINE LABORATORY: Any facility


used for illegal manufacture of any dangerous
drug and or controlled precursor and essential
chemicals

possess with intent to deliver


manufacture with intent to deliver the
paraphernalia, knowing, or under
circumstances where one reasonably should
know

Qualifying circumstance - use of a minor or


a mentally incapacitated individual to
deliver

Illegal chemical diversion of controlled


precursor and essential chemicals
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such equipment,TIFF (Uinstrument,compressed)decompressorapparatus or other

occupancy or taking
intent to possess

paraphernalia
are needed to see this picture.

What is punished is present possession, not


past possession

It is not necessary to allege in information that


accused is not authorized to possess opium

Possession of dangerous drugs, regardless


of the degree of purity

Penalties are graduated to the amount of


drugs (the only violation where quantity
matters)

The kinds of drugs have different respective


amounts for the graduation of penalties

Possession of equipment, instrument,


apparatus and other paraphernalia fit for
introducing dangerous drugs into the body

Possession of such equipment = Prima


facie evidence that possessor has used a
dangerous drug and shall be presumed to
have violated Sec. 15, use of dangerous drug.

The possession of PARAPHERNALIA is


absorbed by USE of dangerous drug.
Qualifying circumstance: Party, social
gathering, or in the proximate company of at
least 2 persons.

Use of dangerous drugs

Qualifying circumstance: Party, social


gathering, or in the proximate company of at
least 2 persons, regardless of quantity

Possession: unauthorized, either actual or


constructive, irrespective of quantity, with
intent to possess(full knowledge that what
was possessed was any of prohibited or
regulated drug)

Elements of possession of opium: (RA


6425)

Must be found positive after a confirmatory


test

1st conviction minimum of 6 mos. of


rehabilitation

2nd conviction imprisonment and fine


Where the accused is also found to be in
possession of dangerous drugs, this
Section shall not apply. Sec. 11, possession of

dangerous drugs, shall apply. Hence, USE is


subsumed by POSSESSION.
Ex. If the offender is caught with possession
of paraphernalia, possession of dangerous
drugs and use of dangerous drugs, the

offense is POSSESSION OF DANGEROUS


DRUGS.

Cultivation or culture of plants which are


dangerous drugs or are sources thereof

Page 99 of 174

Criminal Law Summer


Reviewer

The additional penalty of revocation of his


license to practice his profession in case of a
practitioner, or of his or its business license in
case of manufacturer, seller, importer,
distributor or dealer, shall be imposed.

ATENEO CENTRAL BAR OPERATIONS

2007

The land/portions thereof and/or greenhouses


in which any of the said plants is cultivated or
cultured shall be confiscated and escheated
to the State, unless the owner thereof prove
that he did not know of such cultivation or
culture despite the exercise of due diligence
on his part.

Unnecessary prescription of dangerous


drugs

Person Liable: Practitioner who shall


prescribe any dangerous drug for any person
whose physical/physiological condition does
not require the use of thereof or in the dosage
therein.

Unlawful prescription of dangerous drugs


Qualifying circumstance:

The land is part of the public domain

Also Punishable -

Organizes, manages or acts as financier


ATTEMPT AND CONSPIRACY TO COMMIT
THE FOLLOWING OFFENSES:

Failure to keep of original records of


transactions of dangerous drugs

a. Importation of dangerous drugs and/or


controlled precursor and essential chemical,
b. Sale, trading, administration, dispensation,

Persons liable: practitioner, manufacturer,


wholesaler, importer, distributor, dealer, or
retailer

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dangerous drugs and/or controlled precursor


and essential chemical,

Maintenance of a den, dive or resort for


dangerous drugs,

Manufacture of dangerous drugs and/or


Scontrolled precursor and essential chemical,
and
Cultivation or culture of plants which are
sources of dangerous drugs.

The penalty for such attempt and conspiracy


is the same penalty prescribed for the
commission. Thus, where the offense of sale
was not consummated, the accused should
not be prosecuted under mere possession,
but under Sec. 26. (Justice Peralta)

OTHER PERSONS LIABLE:

Public officer or employee who


misappropriates, misapplies or fails to
account for confiscated, seized, or
surrendered dangerous drugs, plant sources
of dangerous drugs, etc.

Any elective local or national official who


have benefited from the proceeds of
trafficking of dangerous drugs or have
received any financial/material contributions
or donations from natural or juridical persons
guilty of drug trafficking.

Page 100 of 174

Criminal Law Summer


Reviewer

If the violation of the Act is committed by a


partnership, corporation, association or any
judicial person, the partner, president, director,
or manager who consents to or knowingly
tolerates such violation shall be held criminally
liable as co-principal.
Partner, president, director, manager, officer
or stockholder, who knowingly authorizes,
tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
importation, sale, delivery, distribution or
transportation of dangerous drugs, or to the
use of their equipment, machines or other
instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
owned or under the control and supervision of
the partnership, corporation, association or
judicial entity to which they are affiliated.
Any person who is found guilty of planting
any dangerous drugs and/or controlled
precursor and essential chemicals, regardless
of quantity or purity (penalty of death).
Any person violating a regulation issued by
the Dangerous Drugs Board

Any person authorized to conduct drug test


who issues false or fraudulent drug test
results knowingly, willfully or through gross
negligence.

Any government officer tasked with the


prosecution of drug-related cases under this
Act who delays or bungles the prosecution.

For the purpose of enforcing the provisions


of this Act, all school heads, supervisors and
teachers shall be deemed to be persons in
authority and, as such, are vested with the
power to

ATENEO CENTRAL BAR OPERATIONS

he escaped, he surrendered

2007

by himself or through his parent, spouse,


guardian or relative w/in the 4th

apprehend, arrest, or cause the apprehension


or arrest of any person who shall violate any
of the said provision. They shall be
considered as persons in authority if they are
in the school or within its immediate vicinity, or
beyond such immediate vicinity if they are in
attendance in any school or class function in
their official capacity as school heads,
supervisors or teachers.

Any teacher or school employee who


discovers or finds that any person in the
school or within its immediate vicinity is
violating this Act shall have the duty to report
the violation to the school head or supervisor
who shall, in turn, report the matter to the
proper authorities. Failure to report in either
case shall, after hearing, constitute sufficient
cause for disciplinary action by the school
authorities. (Sec. 44)

w/in
1 week.
Poses no serious danger to himself,
family or community.

Voluntary submission of a drug dependent


to confinement, treatment and rehabilitation
by the drug dependent himself or through his
parent, guardian or relative within the 4th in a
center and
compliance with such conditions therefor as
the
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shall
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exempt him from criminal liability for


possession or use of the dangerous drug.
RULES FOR EXEMPTION FROM CRIMINAL
LIABILITY OF DRUG DEPENDENTS
THROUGH VOLUNTARY SUBMISSION:

Drug dependent who is finally discharged


from confinement shall be exempt subject to
the ff. conditions:

Should the drug dependent escape from the


center, he may submit himself for confinement
within 1 week from the date of his escape, of
his parent guardian or relative may, within the
same period surrender him for confinement.

Complied with the rules of the Center


Never been charged or convicted of any
offense under this Act, the

Dangerous Drugs Act of 1972, the RPC, or


any special penal laws.
3) No record
of escape from the

Upon application of the Board, the Court shall


issue an order for recommitment if the drug
dependent does not resubmit himself for
confinement or if he is not surrendered for
recommitment.

Center;
provided if

If, subsequent to such recommitment, he


should escape again, he shall no longer be

exempt from criminal liability for the use or


possession of any dangerous drug.

If a person charged with an offense with an


imposable penalty of less than 6 years and 1
day, and the Court or prosecutor, at any stage
of the proceedings, finds that the person
charged with an offense is a drug
dependent, the fiscal or court as the case
may be, shall suspend all further proceedings
and transmit records of the case to the Board.
If the Board determines that public interest
requires that such person be committed, it
shall file a petition for commitment. After
commitment and discharge, the prosecution
shall continue. In case of conviction, the
judgment shall, if certified by the center for
good behavior, indicate that he shall be
given full credit for the period of confinement;
provided when the offense is use of
dangerous drugs, and the accused is not a
recidivist, the penalty shall have deemed
to have been served in the center upon
release.

Page 101 of 174

The period of prescription of the offense


charged shall not run during the time that the
respondent/accused is under detention or
confinement in a center.

A drug dependent who is discharged as


rehabilitated, but does not qualify for
exemption, may be charged under this Act,
but shall be placed on probation and undergo
community service in lieu of imprisonment
and/or fine in the courts discretion.

A drug dependent who is not rehabilitated


after the second commitment to the Center
under the voluntary submission program shall,
upon recommendation of the Board, be
charged for violation of Sec. 15, (use of
dangerous drug) and be prosecuted like any
other offender. If convicted, he shall be
credited for the period of confinement in the
Center.

Criminal Law Summer


Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

RULES ON SUSPENSION OF SENTENCE FOR

FIRST OFFENSE OF A MINOR:

Supervision and rehabilitative surveillance of the


Board and under such conditions that the court may
impose for a period of 6-18 mos.

Requisites for suspension:

Accused is a minor over 15 years at the time of the


commission of the offense but not more than 18
years of age when the judgment should have been
promulgated.
He has not been previously convicted of violating
this Act, Dangerous Drugs Act of 1972, RPC or any
special penal laws.
He has not been previously committed to a Center
or to the care of a DOH-accedited physician.
The Dangerous Drugs Board favorably
recommends that his/her sentence be suspended.

Where the minor is under 15 years at the time of the


commission, Art. 192 of Child and Youth Welfare
Code shall apply (suspension of sentence and
commitment)

The privilege of suspended sentence may be availed


of only once.

If the minor violates any of the conditions of his


suspended sentence, rules of the Board, or rules of

the center, the court shall pronounce judgment of


conviction and he shall serve sentence as any
other convicted person.

Upon promulgation of sentence, the court may, in its


discretion, place the accused under probation, or
impose community service in lieu of
imprisonment.

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Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

PROCEDURE for CUSTODY and DISPOSITION

TIME

TASK
PRESENT

1
Immediately after

Inventory and photograph


Accused or the person/s from whom

seizure

confiscated, or representative, media,

DOJ and any elected public official

who shall sign the copies of the

inventory and be given a copy.

2
24 hours upon

Submit to PDEA Forensic Lab for

confiscation

examination

3
24 hours after receipt

Issue certification of exam results under

oath; provided, if the volume is too large,

provisionally issue partial report, stating

quantities still to be examined; provided

further, issue final certification within next 24

hours.

4
72 hours after filing of

Court ocular inspection.

criminal case

5
24 hours from ocular

Destruction (through PDEA); provided,


Accused or the person/s from whom

inspection

retain representative sample.


confiscated, or representative, media,

Board to issue sworn certification of

DOJ, civil society groups and any

elected public official

destruction. Submit certification and

representative sample to the court.

6
After promulgation and

Trial prosecutor to inform the Board of final

judgment

termination of case. Request the court for

leave to turn over representative samples to

PDEA.

7
24 hours from receipt

Destruction

Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall not
constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in writing
within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to represent the
former.

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Criminal Law Summer Reviewer

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Immunity from prosecution and punishment shall be


granted to an informant, provided the ff. conditions concur:
necessary for conviction

RULES FOR LAB EXAMINATION OF


APPREHENDED/ARRESTED OFFENDERS :

not yet in the possession of the State


can be corroborated on material points

If reasonable ground to believe that offender is under the


influence of dangerous drugs, conduct examination w/in 24
hours.
Positive results shall be challenged w/in 15 days after
receipt of the result through a confirmatory test.
Confirmed test shall be prima facie evidence that
offender has used dangerous drugs.
Positive test must be confirmed for it to be valid in a
court of law.

OTHER RULES:

In buy-bust operations, there is no law or rule requiring


policemen to adopt a uniform way of identifying buy
money.
Absence of ultraviolet powder on the buy money is not
fatal for the prosecution.

has not been previously convicted of a crime of moral


turpitude, except when there is no other direct
evidence
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the State
does not appear to be the most guilty
no other direct evidence available

Mandatory drug testing includes:

All persons charged with a criminal


offense having an imposable penalty of not less than 6
years and 1 day.

If offender is an alien, an additional penalty of deportation


without further proceedings shall be imposed immediately
after service of sentence.
A person charged under the Dangerous Drugs Act shall
not be allowed to avail of plea-bargaining.
A positive finding for the use of dangerous drugs shall be
a qualifying aggravating circumstance in the commission
of a crime by the offender.
If public official/employee is the offender, the maximum
penalty shall be imposed.

Any person convicted of drug trafficking or pushing cannot


avail of the Probation Law.

Limited applicability of the RPC The RPC shall not


apply to this Act, except in the case of minor offenders.
Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death shall be
reclusion perpetua to death.

Hence, since RPC nomenclature of penalties is used, the


minor is then entitled to mitigating circumstances under the
RPC (Martin Simon case). Thus, the minor does not
receive the death penalty. (Justice Peralta)

People v. Adam GR 143842, 10/13/03

Appellant is guilty of the crime of attempted sale of shabu.


As gleaned from the testimony of the poseur-buyer, the
appellant merely showed the bag containing the shabu
and held on to it before it was confiscated. There is no
evidence that the poseur-buyer talked about and agreed
with the appellant on the purchase price of the shabu.
There is no evidence that the appellant handed over the
shabu to the poseur buyer.

People v. Yang, GR 148077, 2/16/04

The consummation of the crime charged herein may be


sufficiently established even in the absence of an
exchange of money. The offer to sell and then the sale
itself arose when the poseur-buyer showed the money to
appellant, which prompted the latter to show the contents

of the carton, and hand it over to the poseur -buyer. Mere


showing of the said regulated drug does not negate the
existence of an offer to sell or an actual sale. The absence
of actual or completed payment is irrelevant, for the law
itself penalizes the very act of delivery of a dangerous
drug, regardless of any consideration. Payment of
consideration is likewise immaterial in the distribution of
illicit drugs.

People v. Chua, GR 149878, 7/1/03

In a prosecution for illegal possession of a dangerous


drug, mere possession of a regulated drug without legal
authority is punishable under the Dangerous Drugs Act.
Lack of criminal intent or good faith does not exempt
appellants from criminal liability.

People v. Cadley, GR 150735, 3/15/04

A prior surveillance is not a prerequisite for the validity of


an entrapment or buy- bust operation, the

All candidates for public office, whether conduct of which has no rigid or textbook method. appointed or elected.

Page 104 of 174

Criminal Law Summer Reviewer

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People v. Del Norte, GR 149462, 3/31/04

In a prosecution for illegal possession of dangerous drugs,


the following facts must be proven with moral certainty: (1)
that the accused is in possession of the object identified as a
prohibited or regulated drug; (2) that such possession is not
authorized by law; and (3) that the accused freely and
consciously possessed the said drug. In this case, proof of
the accuseds ownership of the house where the prohibited
drugs were discovered is necessary.

Black jack, lucky nine, poker


and its derivatives, monte,
baccarat, cuajo, pangguigue
and other card games

Pak que, high and low,


mahjong, domino and other
games using plastic tiles and
the like

(6)
Slot machines,

roulette, pinball and

other mechanical

TITLE SIX
contraptions and

devices

CRIMES AGAINST PUBLIC MORALS

(7)
Dog racing, boat

racing, car racing and

other forms of races

(8)
Basketball, boxing,

P.D. 1602. PRESCRIBING STIFFER


volleyball, bowling,

PENALTIES IN ILLEGAL GAMBLING


pingpong and other

forms of individual or

team contests to

include game fixing,

point shaving and

other machinations

ACTS PUNISHED
(Repealed Art. 195-199 RPC, PD 483 betting law, and PD
449 cockfighting law)

PENALTY

Prision correccional,

medium or fine

1.
Any person who shall
jai-alai or horse racing
medium or fine
ranging from P5,000
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directly or indirectly

ranging from P1,000


to include bookie

take part in any illegal

to P10,000
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to P6,000

are needed to see this picture.

or unauthorized

In case of recidivism:

activities or games of:

operations and game

(1)
Cockfighting, jueteng,
fixing, numbers, bingo
Prision mayor,

and other forms of


any form of gambling

in an inhabited or
lotteries

uninhabited place or in

(2)
Cara y cruz, pompiang

any building, vessel or

other means of

and the like


transportation owned

(3)

7-11 and any game using dice


or controlled by him

Banking or percentage game, or any other game or


scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of
value are at stake or made
Prision correccional
1.
2.
Any person who

Gambling in place with


maximum, fine of

reputation of gambling,
KNOWINGLY permits

P6,000

frequent gambling

Page 105 of 174

Criminal Law Summer Reviewer

of P6,000
promoter, referee, umpire,

ATENEO CENTRAL BAR OPERATIONS 2007


judge or coach in case of

game fixing, point shaving


place, government

and machination
building or barangay

hall
Prision correccional
Any person who knowingly
2. Maintainer or
medium or fine P400
and without lawful purpose
conductor of above

to P2,000
possess lottery list, paper

gambling schemes
or other matter containing

Prison mayor,

letters, figures, signs or

Government official
medium, with

symbols pertaining to or in

maintainer, conductor,
temporary absolute
any manner used in the
banker of gambling
disqualification or fine
schemes; player,

games of jueteng, jai-alai

or horse racing bookies,


enclosures and the like
and similar games of
which have reputation of
lotteries and numbers
gambling place or where
which have taken place or
gambling activities are
about to take place
being held

Temporary absolute
Barangay official who with
disqualification

are needed to see this picture.

knowledge of gambling
NOTES:
house/place in his
Playing for money is not a necessary element. The laws
purpose is to prohibit absolutely those games.
jurisdiction fails to abate or

take action

Any other games if with wager of money, articles, or value


are at stake or made
Individual/team contests: game-fixing, point-shaving, other
machinations

Prision correccional
Security officer,
maximum or fine
watchman, private or
P500 to P2000
house detective of hotels,

villages, buildings,

Spectators are not liable: must directly or indirectly take


part; The law does not make it an offense to be present in
a gambling house.

A game or scheme is punishable even if winning depends


upon skill as long as wagers (consisting of money, articles
of value or representative of value) are at stake or made.

Lottery:

Requisites:

Consideration

money is receivedstill lottery(Administrative Code, postal


law-El Debate)
Proof that game took place or is about to take place is not
necessary; burden of evidence is shifted to accused to
show that his possession is lawful or is not connected with
jueteng game; but proof to the contrary is necessary when
jueteng lists pertain to
games played on other dates
MAINTAINER person who sets up and furnishes means
to carry on gambling or scheme CONDUCTOR person
who manages or carries on gambling game or scheme

Chance
Prize/advantage/inequality in amount or value which is in
the nature of prize

ART. 196: IMPORTATION, SALE AND POSSESSION OF


LOTTERY TICKETS OR ADVERTISEMENTS
(ALREADY REPEALED)

NOTES:

Distribution of prizes by chance


No lottery where

P.D. No. 483: BETTING, GAME-FIXING OR

there is full
value

POINT-SHAVING AND MACHINATIONS IN

of

SPORT CONTESTS

money(criminal
case-Olsen),
but

NOTES:

if
inducement to win prize is reason for
purchase/subscription/others then even if full value for

BETTING - betting money or any object or article of value


or representative of value upon the result of any game,
races and other sports contests

Page 106 of 174

Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

GAME-FIXING any arrangement, combination, scheme


or agreement by which the result of any game, races or
sports contests shall be predicted and/or knows other than
on the basis of the honest playing skill or ability of the
players or participants

POINT-SHAVING any such arrangement, combination,


scheme or agreement by which the skill of ability of any
player or participant in a game, races or sports contests to
make points or scores shall be limited deliberately in order
to influence the result thereof in favor of one or the other
team, player or participant therein
GAME MACHINATION any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any
game, races or sports contests

1. Sundays
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Clearance for arrest, detention or prosecution


No person who voluntarily discloses or denounces to the
President of the Philippine Amateur Athletic Federation or
to the National Sports Association concerned and/or to any
law enforcement/police authority any of the acts penalized
by this Decree shall be arrested, detained and or
prosecuted except upon prior written clearance from the
President of the Philippines and/or the Secretary of
National Defense

Legal Holidays, except: December 30, June 12, November


30, Holy Thursday, Good Friday, Election or Referendum
Day and during Registration Days for such election or
referendum
During local fiestas for not more than 3 days

ART. 198: ILLEGAL BETTING ON HORSE RACES

Provincial, city or municipal agriculture, commercial or


industrial fair, carnival or exposition for a similar period of
three days

(ALREADY REPEALED)

COCKFIGHTING LAW OF 1974

Holding of Cockfights Cockfighting shall be

upon resolution, subject to approval of Chief of


Constabulary or his authorized representativenot
allowed within month of local fiesta of for more than two
occasions a year in same city or municipality

Cockfighting for Entertainment of Tourists or for


Charitable Purposes: Chief of Constabulary or his
authorized representative may also allow the holding of
cockfighting for:
Entertainment of foreign dignitaries
Tourists

Qui Time and a

allowed only in licensed cockpits:

Balikbayan
For support of national fund-raising campaigns for
charitable purposes as may be authorized by the Office of

the President, upon resolution of a provincial board, city or


municipal council
NOTES:

In licensed cockpits or in playgrounds or parks

Extended for only one time, for a period not exceeding 3


days, within a year to a province, city or municipality

Gambling in all its forms, unless allowed by law, is


generally prohibited. The prohibition does not mean that
the Government cannot regulate it in the exercise of police
power.
There are particular days where Cockfighting and Horse
Racing are allowed. Betting in Horse Races is allowed
during periods provided by law but betting in cockfights is
prohibited at all times.

NOTES:

Sports Contests: Betting, Game-fixing, Point-Shaving,


Game Machinations prohibited

Permitting gambling of any kind in cockpit is punished


under the same Decree (Owner, manger or lessee of
cockpit that permits gambling shall be criminally liable)
Chapter Three - OFFENSES AGAINST
Spectators in cockfight are not liable unless he participates
as bettor

DECENCY AND GOOD CUSTOMS

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That such act/s be highly scandalous as offending against


decency or good customs;

That the highly scandalous conduct does not expressly fall


within any other article of the RPC; and
That the act/s complained of be committed in a public
place or within the public knowledge or view.

ART. 200: GRAVE SCANDAL

Elements:

That the offender performs an act;

Grave scandal consists of acts which are offensive to


decency and good customs. They are committed publicly
and thus, give rise to public scandal to persons who have
accidentally witnessed the acts. The public view is not
required. It is sufficient if committed in public place. For
being committed within the public knowledge, it may occur
even in a private place; the number of people who sees it
is not material.

Decency means properly observing the requirements of


modesty, good taste
Considered as obscene literature or immoral or
indecent plays, scenes or acts:
Customs refer to established usage, social conventions
carried on by tradition and enforced by social disapproval
in case of violation.

those w/c glorify criminals or condone crimes;

The essence of grave scandal is publicity and that the acts


committed are not only contrary to morals and good
customs but must likewise be of such character as to
cause public scandal to those witnessing it

those w/c serve no other purpose but to satisfy the market


for violence, lust or pornography;
those w/c offend against any race or religion;

ART. 201: IMMORAL DOCTRINES, OBSCENE


PUBLICATIONS AND EXHIBITIONS, AND INDECENT
SHOWS

those w/c tend to abet the traffic and the use of prohibited
drugs; and
those that are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and
edicts.

NOTES:
Persons liable:

1.
Those who publicly expound or proclaim doctrines
that are contrary to public morals.

Morals imply conformity to generally accepted standards of


goodness or rightness in conduct or character.

2.
Authors of obscene literature, published with their
knowledge in any form.

The test of obscenity is whether the matter has a tendency


to deprave or corrupt the minds of those who are open to
immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of
men as indecency.

3. Editors publishing such obscene literature.

Mere nudity in paintings and pictures is not obscene.

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4. Owners orTIFF (Uncompoperatorsessed)decompressorofestablishments are need d to see this picture.

selling obscene literature.

Those who exhibit indecent or immoral plays, scenes, acts


or shows in theaters, fairs, cinemas or any other place.

Pictures w/ a slight degree of obscenity having no artistic


value and being intended for commercial purposes fall
within this article.

Publicity is an essential element.

Those who sell, distribute, or exhibit prints, engraving,


sculptures or literature which are offensive to morals.

ART. 202: VAGRANTS AND PROSTITUTES

Who are considered VAGRANTS:

Idle or dissolute persons lodging in houses of ill-fame;


Those who have no apparent means of subsistence and
who have the physical ability to work yet neglect to apply
themselves to some useful calling;
Persons found loitering around public and semi-public
places without visible means of support;
Persons tramping or wandering around the country or the
streets with no visible means of support;

Ruffians or pimps and those who habitually associate with


prostitutes (may include even the rich); and
Persons found loitering in inhabited or uninhabited places
belonging to others, without any lawful or justifiable
reason,

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If not fenced and with no
provided the act does not fall within any other article of the
RPC.

Vagrancy
prohibition of entry

PROSTITUTES - women who habitually(not just 1 man)


indulge in sexual intercourse or lascivious conduct for
money or profit (If a man indulges in the same conduct, the
crime committed is vagrancy.)

DISSOLUTE lax, unrestrained, immoral (includes


maintainer of house of prostitution)

RUFFIANS brutal, violent, lawless


P.D. 1653 - MENDICANCY
If fenced and with
Trespass To
prohibition of entry
Dwelling
If fenced and entered to
Attempted theft
hunt/fish

Persons liable:

Mendicant Those with no visible and legal means of


support, or lawful employment and physically able to work
but neglects to apply himself to lawful calling and instead
uses begging as means of living (higher penalty if convicted
2 or more times)

Chapter One - PRELIMINARY PROVISIONS

Any person who abets mendicancy by giving alms on


public roads, sidewalks, parks and bridges except if given
through organized agencies operating under rules and
regulations of Ministry of Public Information

NOTE: Giving alms through organized agencies operating


under the rules and regulations of the Ministry of Public
Information is not a violation of the Mendicancy Law.

ART. 203: WHO ARE PUBLIC OFFICERS

Requisites:

Under R.A. 9344 persons below eighteen (18)

To be a public officer, one must be -

years of age shall be exempt from prosecution

Taking part in the performance of public functions in the


Government, or performing public duties as an employee,
agent or subordinate official, of any rank or class, in the
government or any of its branches; and

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for the crime of vagrancyTIFF(Uncompressed)andprostitutiondecompressor under needed to see

Section 202 of the Revised Penal Code, of mendicancy


under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution
being inconsistent with the United Nations Convention of
the Rights of the Child:

That his authority to take part in the performance of public


functions or to perform public duties must be by direct provision of the law, or
by popular election, or
by appointment by competent authority.

NOTES:

Public officers include every public servant from the


lowest to the highest rank provided that they exercise
public functions.
TITLE SEVEN

A government laborer is not a public officer. However,


temporary performance by a laborer of public functions
makes him a public officer.

CRIMES COMMITTED BY PUBLIC OFFICERS


Malfeasance Doing of an act which a public officer
should not have done

Misfeasance Improper doing of an act which a person


might lawfully do

Knowingly rendering unjust judgment


Rendering judgment through negligence
Rendering unjust interlocutory order

Nonfeasance Failure of an agent to perform his


undertaking for the principal

Malicious delay in the administration of justice

Misfeasance:

Nonfeasance:

1. dereliction of duty in prosecution of offenses

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UNJUST JUDGMENT

ATENEO CENTRAL BAR OPERATIONS 2007


Elements:
betrayal of trust by an attorney or solicitor revelation of
secrets

Malfeasance:

That the offender is a judge;

That he renders a judgment in the case submitted to him


for decision;

Direct bribery
Indirect bribery

That the judgment is unjust; and


That the judge knows that the decision is unjust.

Chapter Two - MALFEASANCE AND

MISFEASANCE IN OFFICE

NOTES:

A judgment is a final consideration and determination by a


court of competent jurisdiction of the issues submitted to it
in an action or proceeding.

An unjust judgment is one which is contrary to law, or not


supported by the evidence, or both.
ART. 204: KNOWINGLY RENDERING AN

An unjust judgment may result from:

error (w/ bad faith)


ill-will or revenge

MANIFESTLY UNJUST JUDGMENT manifestly contrary


to law that even a person having meager knowledge of law
cannot doubt the injustice; not abuse of discretion or mere
error of judgment

bribery

There must be evidence that the decision rendered is


unjust. It is not presumed.

ART. 206: UNJUST INTERLOCUTORY

ORDER
Knowingly deliberately or maliciously, conscious and
deliberate intent to do an injustice; (no liability if error in
good faith)

Elements:

Abuse of discretion or mere error of judgment


cannot likewise serveQuickTimeasandbasisa for rendering

That the offender is a judge; and

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an unjust judgmentareneded toinseethetispictureabsence. of proof or an


allegation of bad faith (motive or improper consideration).

That he performs any of the following acts:


knowingly renders an unjust interlocutory order or decree,
or
renders a manifestly unjust interlocutory order or decree
through inexcusable negligence or ignorance.

ART. 205: JUDGMENT RENDERED THROUGH

NEGLIGENCE

INTERLOCUTORY ORDER - one issued by the court


deciding a collateral or incidental matter; it is not a final
determination of the issues of the action or proceeding

Elements:
ART. 207: MALICIOUS DELAY IN THE
1. That the offender is a judge;
ADMINISTRATION OF JUSTICE

Elements:

That he renders judgment in a case submitted to him for


decision;

That the offender is a judge;

That the judgment is manifestly unjust; and


That it is due to inexcusable negligence or ignorance.

That there is a proceeding in his court;

That he delays the administration of justice; and

That the delay is malicious, that is, the delay is caused by


the judge with deliberate intent to inflict damage on either
party in the case.

NOTE: Mere delay without malice is not punishable.

ART. 208: PROSECUTION OF OFFENSES; NEGLIGENCE


AND TOLERANCE

Acts punishable:

By maliciously refraining from instituting prosecution


against violators of the law

By maliciously tolerating the commission of offenses

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Prevaricacion means the negligence and tolerance in the
prosecution of an offense.

ATENEO CENTRAL BAR OPERATIONS 2007

Dereliction of duty in the prosecution of offenses:

Elements:

That the offender is a public officer or officer of the law


who has a duty to cause the prosecution of, or to
prosecute offenses;
That there is dereliction of the duties of his office, that is,
knowing the commission of the crime, he does not cause

There must be a duty on the part of the public officer to


prosecute or move for the prosecution of the offender.
However, a fiscal is under no compulsion to file an
information based upon a complaint if he is convinced that
the evidence before him is insufficient to warrant filing an
action in court.
The crime must be proved first before an officer can be
convicted of dereliction of duty.

Maliciously signifies deliberate evil intent; a dereliction of


duty caused by poor judgment or honest mistake is not
punishable.

the prosecution of the criminal (People vs. Rosales, G.R.


no. 42648) or

A public officer who harbors, conceals, or assists in the


escape of an offender, when it is his duty to prosecute him,
is liable as principal in the crime of dereliction of duty in the
prosecution of offenses. He is not an accessory.

knowing that a crime is about to be committed he tolerates


its commission; (If gift/promise is a consideration for his
conduct, crime is direct bribery.) and

This article not applicable to revenue officers.

That the offender acts with malice and deliberate intent to


favor the violator of the law.

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NOTES:

ART. 209: BETRAYAL OF TRUST BY AN ATTORNEY OR


SOLICITOR REVELATION OF SECRETS

Acts punishable:

Causing damage to client either


by any malicious breach of professional duty, or

That such offer or promise be accepted or gift/present


received by the public officer (Mere agreement
consummates the crime and delivery of consideration is
not necessary) with a view to committing some crime;
in consideration of an execution of an act which does not
constitute a crime, but the act must be unjust;
(contemplates an accepted gift, and an overt act)

to refrain from doing something which is his official duty to


do; (should not be a crime)

by inexcusable negligence or ignorance.

That the act which the offender agrees to perform or which


he executes be connected with the performance of his
official duties. (need not be a statutory duty)

Revealing any of the secrets of his client learned by him in


his professional capacity. Here, damage is not necessary.
Undertaking the defense of the opposing party in the same
case, without the consent of his 1st client, after having
undertaken the defense of a client or having received
confidential information from said client.

NOTES:

For purposes of this article, temporary performance of


public functions is sufficient to constitute a person a public
officer. A private person may commit this crime only in the
case in which custody of prisoners is entrusted to him.

ART. 210: DIRECT BRIBERY

Applicable also to assessors, arbitrators, appraisal and


claim commissioners, experts or any other person
performing public duties.

Elements:

This felony cannot be frustrated. It may only be attempted


or consummated.

That the offender be a public officer;


Bribery exists when the gift is:
That the offender accepts an offer or promise or receives a
gift or present by himself or through another;
1. voluntarily offered by a private person

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solicited by the public officer and voluntarily delivered by the


private person
solicited by the public officer but the private person delivers it
out of fear of the consequences should the public officer
perform his functions (Here, the crime by the giver is not
corruption of public officials due to his involuntariness.)

committed a crime and


not commit a crime

gives money/gift to avoid


and he is intimidated

Actual receipt of the gift is not necessary. An accepted offer


or promise of a gift is sufficient. However, if the offer is not
accepted, only the person offering the gift is liable for
attempted corruption of a public officer.

arrest or prosecution.
with arrest and/or

The gift must have a value or be capable of pecuniary


estimation. It could be in the form of money, property or
services.
If the act required of the public officer amounts to a crime
and he commits it, he shall be liable for the penalty
corresponding to the crime.

prosecution to deprive

The crime of bribery cannot be complexed with or absorbed


by other crimes as the penalty for bribery is in addition to the
penalties for those other crimes.
him of his personal
The third type of bribery and prevaricacion (art 208) are
similar offenses, both consisting of omissions to do an act
required to be performed. In direct bribery however, a gift or
promise is given in consideration of the omission. This
element is not necessary in prevaricacion.
property.

Victim parts with his money


BRIBERY (210)
Victim is deprived of
ROBBERY (294)

or property voluntarily.
When the victim has
When the victim did

his money or property

1. Any public officer who shall perform any of the


following acts:
by force or

Persuading, inducing or influencing another public officer


to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an
offense in connection with the official duties of the latter,
or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
intimidation.
NOTE: Persuasion need not be successful. The
gravamen of the offense is the persuasion.
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Directly or indirectly requesting or receiving any gift,


present, share, percentage, or benefit for himself or for
any other person in connection with any contract or
transaction between the government and any other
party wherein the public officer in his official capacity has
to intervene under the law.
Directly, or indirectly requesting or receiving any gift,
present, or other pecuniary or material benefit, for himself
or for another, from any person for whom the public
officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be
given.

NOTE: If the act does not fall under b and c, then Art. 210,
direct bribery, may apply. (Justice Peralta)
ANTI-GRAFT AND CORRUPT PRACTICES ACT

R.A. NO. 3019

Accepting or having any member of his family accept


employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.

NOTE: The act is mala prohibita. Hence, the public


official need not have even recommended the
employment. (Justice Peralta)
Persons Liable:

Causing any undue injury to any party, including the


Government, or giving any private party any unwarranted
benefits, advantage, or preference in the discharge of his

official, administrative or judicial function through manifest


partiality, evident bad faith or gross inexcusable
negligence. This

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Entering, on behalf of the Government, into any contract or


transaction manifestly and grossly disadvantageous to the
same, whether or not the public officer profited or will profit
thereby.

ATENEO CENTRAL BAR OPERATIONS 2007

provision shall apply to officers and employees of offices or


government corporations charged with the grant of
licenses or permits or other concessions.

In determining whether the contract was manifestly and


grossly disadvantageous, it is not merely consideration of
the
pecuniary amount involved. (Justice
Peralta) QuickTime and a TIFF (Uncompressed) decompressor

NOTES:

The best defense is that the partiality was not manifest.


That the partiality is manifest is a heavy burden on the
prosecution. (Justice Peralta).
Another defense is the Arias doctrine. The defense
applies in a case where the accused is an approving
officer and is on trial for signing an unjust contract.

are needed to see this picture.

Directly or indirectly having financial or pecuniary interest


in any business, contract or transaction in connection with
which he intervenes or take part in his official capacity, or
in which he is prohibited by the constitution or by any law
from having any interest.

The defense is that the approving officer relied on the prior


signatures of his subordinates and had no reason to
suspect wrong-doing and was swamped with a lot of
documents on that day that he signed.
There is no attempted or frustrated stage of the crime
defined in Sec. 3(e) of R.A. No. 3019.

Neglecting or refusing, after due demand or request,


without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of
obtaining directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest
or giving undue advantage in favor of or discriminating
against any other interested party.

Under the Code of Professional Conduct, the public officer


MUST divest his interest.

Directly or indirectly becoming interested, for personal


gain, or having a material interest in any transaction or act
requiring the approval of a board, panel, or group of which
he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or
group.

Knowingly approving or granting any license, permit,


privilege, or benefit in favor of any person not qualified for

or not legally entitled to such license, permit, privilege, or


advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.

Any person who shall knowingly induce or cause any


public official to commit any of the offenses under (A).
(Sec. 4)

Divulging valuable information of a confidential character,


acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such
information in advance of its authorized release date.

Spouse or any relative, by consanguinity or affinity, within

Any person having family or close personal relation with


any public official who shall capitalize or exploit or take
advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present,
gift, or material, or pecuniary advantage from any person
having some business, transaction, application, request, or
contract with the government in which such public official
has to intervene (Sec. 4)

the 3rd civil degree, of the President of the Philippines, the


Vice-President, the President of the Senate, or Speaker of
the House of Representatives, who shall intervene, directly
or indirectly, in any business transaction, contract or
application with the government (Sec. 5).

This prohibition shall not apply to:

Any person who, prior to the assumption of office of any of


the above officials to whom he is related, has been already
dealing with

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enterprise which shall be directly and particularly favored


or benefited by any law or resolution authored by him
previously approved or adopted by Congress during his
term.

ATENEO CENTRAL BAR OPERATIONS 2007

the government along the same line of business;

Any transaction, contract or application already existing or


pending at the time of such assumption of public office;

6. Any public officer who recommended the initiation in


Congress of the enactment or adoption of any law or
resolution and acquires or receives such interest during his
incumbency.

Any application filed by him, the approval of which is not


discretionary on the part of the official(s) concerned but
depends upon compliance with requisites provided by law,
or rules or regulations issued pursuant to law;

Unlawful for such member of Congress or other public


officer, who, having such interest prior to the approval of
such law or resolution authored or recommended by him,
continues for 30 days after such approval to retain such
interest.

Any act lawfully performed in an official capacity or in the


exercise of a profession.

Any public officer who shall fail to file a true, detailed and
sworn statement of assets and liabilities within 30 days

Any member of Congress, during the term for which he


has been elected, who shall acquire or receive any
personal pecuniary interest in any specific business

after assuming office and thereafter on or before the 15th


day of April following the close of every calendar year, as
well as upon the expiration of his term of office, or upon his
resignation or separation from office (Sec. 7).

Prima Facie Evidence of and Dismissal Due to

NOTES:

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No public officer shall be allowed to resign or retire


pending an investigation

If a public official has been found to have acquired during


his incumbency, whether in his name or in the name of
other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other
lawful income.

Suspension while pending in court after valid information


(cannot be automatic), and loss of benefits if convicted by
final judgment; maximum duration of preventive
suspension is 90 days; acquittal reinstatement and
salaries and benefits which he failed to receive

Properties in the name of the spouse and dependents of


such public official may be taken into consideration, when
their

The courts are not bound by the statement of assets and


liabilities filed.

Penalty of forfeiture can be applied retroactively.

ART. 211: INDIRECT BRIBERY


acquisition through legitimate means cannot be
satisfactorily shown.
Elements:
Bank deposits in the name of or manifestly excessive
expenditures incurred by the public official, his spouse or
any of their dependents including but not limited to
activities in any club or association or any ostentatious
display of wealth including frequent travel abroad of a nonofficial character by any public official when such activities
entail expenses evidently out of proportion to legitimate
income.

That the offender is a public officer;


That he accepts gifts; and
That the said gifts are offered to him by reason of his
office.

NOTES:
NOTE: Competent court is the Sandiganbayan (Sec. 10).

General Rule: Prescriptive period is 15 years (Sec. 11).

Exceptions: Unsolicited gifts or presents of small or


insignificant value offered or given as a mere ordinary
token of gratitude of friendship according to local customs
or usage, shall be excepted from the provisions of this act
(Sec. 14).

The gift is given in anticipation of future favor from the


public officer.

There must be clear intention on the part of the public


officer to take the gift offered and consider the property as
his own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or act to
show such acceptance is not sufficient to convict the
officer.

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There is no attempted or frustrated indirect bribery.


Public officers receiving gifts and private persons giving gifts
on any occasion, including Christmas, are liable under PD
46.
The criminal penalty or imprisonment is distinct from the
administrative penalty of suspension from the service.

That the offender is a public officer entrusted with law


enforcement;

That he refrains from arresting/ prosecuting offender


for crime punishable by reclusion perpetua and/or
death (if lower penalty than stated above, direct bribery
is the crime); and
In consideration of any offer, promise or gift.

ARTICLE 212. CORRUPTION OF PUBLIC

OFFICIALS
Direct bribery
Indirect bribery

Officer agrees to perform


Not necessary that the
or refrain from doing an

ELEMENTS:

That the offender makes offers or promises or gives


gifts or presents to a public officer; and
That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances
that will make the public officer liable for direct
bribery or indirect bribery.

officer do an act.
act.

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The offender is theareneededgivertoseeofthisthepicturegift. or the


offeror of the promise. The act may or may not be
accomplished.

Bribery is usually proved by evidence acquired in


entrapment
ARTICLE 211-A. QUALIFIED BRIBERY

ELEMENTS:

Under PD 749, givers of bribes and other gifts as well as


accomplices in bribery and other graft cases are immune
from prosecution if they voluntarily give any information
about any commission of direct, indirect, and qualified

ARTICLE 213. FRAUDS AGAINST THE PUBLIC


TREASURY AND SIMILAR OFFENSES

A. FRAUDS AGAINST PUBLIC TREASURY


bribery, and any corruption of public officials, provided that:
ELEMENTS:
The information must refer to consummated violations of any
of the above-mentioned provisions of law, rules and
regulations
Information and testimony are necessary for the conviction
of the accused public officer, not in possession of the State,
and can be corroborated on its material points

That the offender be a public officer;


That he should have taken advantage of his office, that
is, he intervened in the transaction in his official
capacity;

Informant or witness has not been previously convicted of a


crime involving moral turpitude
Immunity shall not attach should the information and/or
testimony is false and malicious or made only for the
purpose of harassing, molesting or in any way prejudicing
the public officer denounced

That he entered into an agreement with any interested


party or speculator or made use of any other scheme with
regard to (a) furnishing supplies (b) the making of
contracts, or (c) the adjustment or settlement of account
relating to a public property or funds; and
That the accused had intent to defraud the
government.

Chapter Three FRAUDS AND ILLEGAL

EXACTIONS AND TRANSACTIONS

The felony is consummated by merely entering into an


agreement with any interested party or speculator or by
merely making use of any scheme to defraud the
Government.

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1.
The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts; and

ATENEO CENTRAL BAR OPERATIONS 2007

2.
That he is guilty of any of the following acts or
omissions;

B. ILLEGAL EXACTIONS

ELEMENTS:

a.
demanding, directly or indirectly the payment of
sums different from or larger than those authorized by
law, or

b.
failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him officially, or

ART. 214. OTHER FRAUDS

ELEMENTS:
c.
collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law.

Mere demand of a larger or different amount is


sufficient to consummate the crime. The essence is the
improper collection and damage to the government is
not required.

If sums are received without demanding the same,


a felony under this article is not committed. However, if the
sum is given as a sort of gift or gratification, the crime is
indirect bribery.

When there is deceit in demanding larger fees,


the crime committed is estafa.

This felony may be complexed with


malversation. Ex. A tax collector who collected a sum
larger than that authorized by law and spent all of them is
guilty of two crimes, namely:

That the offender is a public officer;

That he takes advantage of his official position; and

That he commits any of the frauds or deceits


enumerated in art. 315 and 316. (estafa, swindling)

RTC has jurisdiction over the offense because the


principal penalty is disqualification.

ARTICLE 215. PROHIBITED

(1) illegal exaction, for demanding a greater amount; and


(2) malversation for misappropriating the amount collected.
TRANSACTIONS

A public officer who has the duty to collect taxes is


directly accountable to the Government for money he
collected since such money acquires the character of a
public fund.

ELEMENTS:

That the offender is an appointive public officer;


Officers and employees of the BIR or Customs
are not covered by this article but by the NIRC
QuickTime and a
or the AdministrativeTIFF(Uncompressed)Codedcompressor.
are need d to see this picture.

That he becomes interested, directly or indirectly, in any


transaction of exchange or speculation;
That the transaction takes place within the territory
subject to his jurisdiction; and
That he becomes interested in the transaction during his
incumbency.

Examples of transactions of exchange or speculation are


buying and selling stocks, commodities, land, etc. wherein
one hopes to take advantage of an expected rise or fall in
price for gain or profit and not merely as investment

Purchasing of stocks or shares in a company is simple


investment and not a violation of the article. However,
regularly buying securities for resale is speculation.

Appointive public officials should not devote himself to


commerce

Public officer who became interested in any contract or


business in which it is his official duty to intervene.

Experts, arbitrators and private accountants who took


part in any contract or transaction connected with the
estate or property in the approval, distribution or
adjudication of which they had acted.
Guardians and executors with respect to property
belonging to their wards or the estate.

Actual fraud is not necessary

ARTICLE 216. POSSESSION OF PROHIBITED INTERESTS


BY A PUBLIC OFFICER

Intervention must be by virtue of public office held

WHO ARE LIABLE:

Act is punished because of the possibility that fraud may


be committed or that the officer

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may place his


own interest
above that of the
Government or of
the party which he
represents.

Constitutional
prohibitions exist

Congress: cannot
personally appear
as counsel, cannot
be interested
financially in any
franchise or special
privilege granted by
government,
cannot intervene in
any matter before
office of
Goevrnment
Executive cannot
hold any other
office
Constitutional
Commission
cannot hold any
other office,
engage in practice
of profession

AN ACT DEFINING
AND PENALIZING
THE

CRIME OF
PLUNDER
RA 7080

By taking undue
advantage of
official position,
authority,
relationship,
connection or
influence to
unjustly enrich
himself or
themselves at the
expense and to the
damage or
prejudice of the
Filipino people
and the Republic
of the Philippines.

PERSONS
LIABLE:

Any public officer


who, by himself or
in connivance with
members of his
family, relatives by
affinity or
consanguinity,
business
associates and

subordinates or
other persons,
amasses,
accumulates, or
acquires ill-gotten
wealth through a
combination or
series of overt or
criminal acts as
described under
above in the
aggregate amount
or total value of at
least

DEFINITION OF
ILL-GOTTEN
WEALTH: Any
asset, property,
business enterprise
or material
possession of any
person acquired by
him directly or
indirectly through
dummies,
nominees, agents,
subordinates,
and/or business
associates by any
combination or
series of the
following means or
similar schemes:

A.
Through
misappropriation,
conversion, misuse
or malversation of
public funds or
raids on the public
treasury.

50 million pesos,
shall be guilty of
the crime of
plunder (as
amended by RA
7659).

Any person who


participated with
the said public
officer in the
commission of
plunder.

other form of
pecuniary benefit
from any person
and/or entity in
connection with any
government
contract or
project or by
reason of the
office or position of
the public officer
concerned;

C.
By the
illegal or
fraudulent
conveyance or
disposition of
assets belonging to
the National
Government or any
of its subdivisions,
agencies or
instrumentalities or
government-owned
or controlled
corporations and
their subsidiaries;
D. By obtaining,
receivingQuckTimeorand accepting,
directly

B.
By
receiving, directly
or indirectly, any
commission, gift,
share, percentage,
kickbacks or any

TIFF (Uncompressed)
decompressor

or
indirectly,areanyeeded
sharestoseethispictureof.
stock, equity or any

other form of
interest or
participation,
including the
promise of future
employment in
any business
enterprise or
undertaking.
By establishing
agricultural,
industrial or
commercial
monopolies or
other combinations,
and/or
implementation of
decrees and
orders intended to
benefit particular
persons or
special interests;

JURISDICTION:
Sandiganbayan.

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

scheme or
conspiracy.

PRESCRIPTION:
20 years. However,
the right of the
State to recover
properties
unlawfully acquired
by public officers
from them or from
their nominees or
transferees shall
not be barred by
prescription,
laches or
estoppel.

ESTRADA VS.
SANDIGANBAYAN
, GR NO. 148560,
NOVEMBER 21,
2001

what is meant by
combination
and series of
overt or criminal
acts under the
plunder law?

When the plunder


law speaks of
combination, it
is referring to at
least two (2) acts
falling under
different categories
of enumeration
provided in sec. 1,
par. (d). example:
raids on the public
treasury in sec. 1,
par. (d), subpar.
(1), and fraudulent
conveyance of
assets belonging to

the national
government under
sec. 1 par. (d),
subpar. (3).

On the other hand,


to constitute a

series there
must be two (2) or
more overt or
criminal acts falling
under the same
category of
enumeration found
in

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OPERATIONS

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sec. 1, par. (d),


say,
misappropriation,
malversation and
raids on the public
treasury, all of
which falls under
sec. 1, par. (d),
subpar. (1). verily,
had the legislature
intended a
technical or
distinctive meaning
for combination
and series, it
would have taken
greater pains in
specially providing
for it in the law.

Joseph Ejercito
Estrada vs.
Sandiganbayan,

G.R. No. 148560,


November 21,
2001

is the crime of
plunder malum in
se or malum
prohibitum?
Plunder is a crime
of malum in se
because the
constitutive crimes
are mala in se. the
elements of mens
rea must be proven
in a prosecution for
plunder. moreover,
any doubt as to
whether the crime
of plunder is
malum in se must
be deemed to have
been resolved in
the affirmative
decision of
congress in 1993
to include it among
the heinous crimes
punishable by
reclusion perpetua
to death. the
legislative
declaration in r.a.
7659 that plunder
is a heinous
offense implies that
it is malum in se.
for when the acts
punished are
inherently immoral

or inherently
wrong, they are
mala in se and it
does not matter
that such acts are
punished in a
special law,
especially since in
the case of plunder
the predicate
crimes are mainly
mala in se.

Chapter Four
MALVERSATION
OF PUBLIC

FUNDS OR
PROPERTY

officers); QuickTime and a TIFF


(Uncompressed) decompressor

2. That he hadare
need
thed
to
custodyseethispicture. or
control of

funds or property
(if not accountable
for the funds, crime
committed is theft
or qualified theft);
3.
That those
funds or property
were public funds
or property (even
if private funds,
they become public
if attached, seized,
deposited or
commingled with
public funds); and
4. That he

ARTICLE 217.
MALVERSATION
OF PUBLIC

FUNDS OR
PROPERTY

Appropriated the
funds or property

ELEMENTS:

Took or
misappropriated
them

1.
That the
offender be a
public officer (or
private person if
entrusted with
public funds or if
in connivance with
public

Consented or,
through
abandonment or
negligence,
permitted any other
person to take such
public funds or
property.

It is not necessary
that the offender
profited by his
malversation. His
being remiss in the
duty of safekeeping
public funds
violates the trust
reposed.

Public funds taken


need not be
misappropriated.

Malversation is
otherwise called
embezzlement.

It can be committed
either with malice
or through
negligence or
imprudence
(penalty is the
same).

In determining
whether the
offender is a public
officer, what is
controlling is the
nature of his office
and not the
designation contemplates
public officer who
receives money or
property from
government for
which he is bound
to account, must
have authority to
collect or receive

The funds or
property must be
received in an
official capacity.
Otherwise, the
crime committed is
estafa.

Government funds
include revenue
funds and trust
funds. If funds or
property placed in
custody of public
officer, and they are
accountable, such
funds or property
partake nature of a
public fund.

A public officer who


has qualified
charge of govt
property without
authority to part
with its physical
possession upon
order of an
immediate superior
cannot be held
liable under this
article.

A qualified charge
of properties does
not qualify to
possession
contemplated in the
crime of
malversation where
the possessor is
only accountable to
his immediate
superior and not
the government; his
superior is the one
accountable to the
government

Private
individuals can
also be held liable
for malversation
under 2
circumstances:
when they are in
conspiracy with
public officers; and
when they have
charge of national,
provincial or
municipal funds,
revenues or
property in any
capacity.

In malversation
through negligence,
the negligence of
the accountable
public officer must
be positively and
clearly shown to be
inexcusable,
approximating
fraud or malice.
The measure of
negligence to be
observed is the
standard of care
commensurate with
the occasion.

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shortage is
discovered, the
accountable officer
is notified, and he
immediately pays
the amount from his
pocket, the
presumption does
not arise.

2007

When malversation is
not committed through
negligence, lack of
criminal intent or good
faith is a defense.

The failure of a public


officer to have any
duly forthcoming public
funds or property upon
demand, by any
authorized officer, shall
be prima facie
evidence that he has
put such missing funds
or property to personal
use. However, if at the
very moment when the

Returning the
embezzled funds is
not an exempting
circumstance but
only mitigating.
There is also no
malversation when
the accountable
officer is obliged to
go out of his office
and borrow the
amount
corresponding to the
shortage and later,
the missing amount
is found in an
unaccustomed
place.

A person whose
negligence made
possible the
commission of
malversation by
another can be held
liable as a principal
by indispensable
cooperation.

Demand by or damage
to the government are
not necessary
elements of the crime
of malversation.

public
funds/property
Crime is committed
by
Crime is committed
by
appropriating,
taking, or
misappropriating,
misappropriating/c
onsentin
converting, or

MALVERSATION
(217)

g, or through
abandonment

ESTAFA WITH

denying having
or negligence,
permitting

ABUSE OF

CONFIDENCE (315)
Funds or property
usually

received money,
any other person to
take the
goods or other

Funds/property are

public
funds/property

public

personal property

always private
Offender is usually a
public
Offender is a private

People v. Hipol, GR
140549,QuickTime7/2
2/03anda
TIFF (Uncompressed) decompressor

officer who is
accountable for
individual or even a
the public
funds/property
public officer who is

not accountable for

The fact that the


obligationareneededtotosee
depositthisicture. the
collections of the City
Treasurer's Office is
not covered by
appellant's official job
description is of no
legal consequence in
a prosecution for
Malversation. What is

essential is that
appellant had custody
or control of public
funds by reason of the
duties of his office.

accounts should be
rendered.

Demand and
misappropriation are
not necessary.
ARTICLE 218.
FAILURE OF
ACCOUNTABLE
OFFICER TO
RENDER ACCOUNT
FAILURE OF
ACCOUNTABLE
OFFICER TO
RENDER ACCOUNT

ARTICLE 219.
FAILURE OF A

RESPONSIBLE
PUBLIC OFFICER
TO RENDER
ACCOUNTS
BEFORE LEAVING
THE COUNTRY

ELEMENTS:

ELEMENTS:

That the offender is a


public officer,
whether in the service
or separated
therefrom;
That he must be an
accountable officer
for public funds or
property;

That he is required by
law or regulation to
render accounts to
the Commission on
Audit, or to a provincial
auditor; and
That he fails to do so
for a period of two
months after such

That the offender is


a public officer;
That he must be an
accountable officer
for public funds or
property; and

That he must have


unlawfully left (or
be on the point of
leaving) the
Philippines without
securing from the
Commission on
Audit a certificate
showing that his
accounts have been
finally settled.
The act of leaving
the Philippines must
be unauthorized or
not permitted by law.

ARTICLE 220.
ILLEGAL USE OF
PUBLIC FUNDS

OR PROPERTY

That he applies the


same to a public
use other than for
which such fund or
property has been
appropriated by law
or ordinance.

That the offender is a


public officer;

To distinguish this
article with Art 217
(malversation), in
illegal use of public
funds or property,
the offender does
not derive any
personal gain, the
funds are merely
devoted to some
other public use.

That there is public


fund or property
under his
administration;

Absence of
damage is only a
mitigating
circumstance.

ELEMENTS OF
TECHNICAL
MALVERSATION:

That such public fund


or property has been
appropriated by law
or ordinance (without
this, it is simple
malversation) ; and

Criminal
Law
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ATENEO
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2007

ARTICLE 221.
FAILURE TO
MAKE DELIVERY

Page 119 of 174

OF PUBLIC
FUNDS OR
PROPERTY ACTS
PUNISHED:

By failing to make
payment by a
public officer who is
under obligation to
make such
payment from
Government funds
in his possession
By refusing to
make delivery by a
public officer who
has been ordered
by competent
authority to deliver

any property in his


custody or under
his administration
(must be malicious)

ELEMENTS:

That the public


officer has govt.
funds or property
in his possession.
That he is under
obligation to
either:
make payment
from such funds, or
to deliver property
in his custody or
administration
when ordered by
competent
authority; and

PERSONS LIABLE
UNDER ART. 217
TO 221:

Private individual
who, in any
capacity, have
charge of any
national, provincial
or municipal funds,
revenue, or
property. Example:
a withholding tax
agent
Administrator or
depositary of
funds or property
that has been
attached, seized or
deposited by public
authority, even if
owned by a private
individual.

That he
maliciously fails
or refuses to do
so.

Sheriffs and
receivers fall under
the term
administrator

Penalty is based on
value of
funds/property to
be delivered.

Judicial
administrator not
covered by this
article.(Appointed
toQuickTimeadministeranda
estate of
TIFF (Uncompressed) decompressor

ARTICLE 222.
OFFICERS
INCLUDED IN THE

PRECEDING
PROVISIONS

deceased and notare


inneededchargetoseethiso
fpictureproperty.
attached,
impounded or
placed in deposit by
public authority)

Private property is
included if it is

attached, seized or
deposited by public
authority.

That such prisoner


escaped from his
custody; and
That he was in
connivance with
the prisoner in the
latters escape.

Chapter Five
INFIDELITY OF
PUBLIC

OFFICERS

ARTICLE 223.
CONNIVING WITH
OR

DETENTION
PRISONER - A
person becomes a
detention prisoner
from the moment
he is booked. This
refers to the
accomplishment
of the booking
sheet and made to
fill a form (sic)
where he is finger
printed. From that
time on, he is
already a detention
prisoner even if he
is not yet
incarcerated.
(ApostThe ol)

That the offender is


a public officer
(on duty);

The release of a
detention prisoner
who could not be
delivered to judicial
authorities within
the time fixed by
law is not infidelity
in the custody of a
prisoner. Neither is
mere leniency or
laxity in the
performance of
duty constitutes of
infidelity.

That he is charged
with the
conveyance or
custody of a
prisoner, either
detention prisoner
or prisoner by final
judgment;

There is real and


actual evasion of
service of sentence
when the custodian
permits the
prisoner to obtain a
relaxation of his
imprisonment.

CONSENTING TO
EVASION
ELEMENTS:

ARTICLE 224.
EVASION
THROUGH

custody of a
prisoner, either
detention prisoner
or prisoner by final
judgment; and
That such prisoner
escapes through
his negligence.

NEGLIGENCE
NOTES:
ELEMENTS:

That the offender is


a public officer;
That he is charged
with the
conveyance or

The article
punishes a definite
laxity which
amounts to
deliberate nonperformance of a
duty.

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2007

The fact that the


public officer
recaptured the
prisoner who had
escaped from his
custody does not
afford him
complete
exculpation.

The liability of an
escaping prisoner:
if he is a prisoner
by final judgment,
he is liable for
evasion of service

(art 157)
if he is a detention
prisoner, he does
not incur criminal
liability (unless
cooperating with
the offender).

The negligent
public officer
suffers the same
penalty regardless
of whether the
prisoner is a

convict or merely a
detention prisoner.

ARTICLE 226.
REMOVAL,
CONCEALMENT,
OR DESTRUCTION
OF DOCUMENTS

ARTICLE 225.
ESCAPE OF
PRISONER UNDER
THE CUSTODY OF
A PERSON NOT A
PUBLIC

ELEMENTS OF
INFIDELITY IN
CUSTODY OF
DOCUMENTS:

OFFICER

That the offender


be a public officer;

ELEMENTS:
That the offender is
a private person;
That the
conveyance or
custody of a
prisoner or
person under
arrest is confided
to him;
That the prisoner or
person under arrest
escapes; and

That the offender


consents to the
escape of the
prisoner or person
under arrest, or that
the escape takes
place through his
negligence.

This article is not


applicable if a
private person
made the arrest
and he consented
to the escape of the
person he arrested.

That he abstracts,
destroys or
conceals a
document or
papers;QuickTime and a TIFF
(Uncomp essed) decompressor

That the
saidaredocumentneededtos
eethis picture
or
paper.
should have been
entrusted to such
public officer by reason
of his office; and

That damage,
whether serious or
not, to a third party
or to the public
interest should
have been caused.

NOTES:

The document
must be complete
and one by which a
right could be
established or an

obligation could
be extinguished.

Books, periodicals,
pamphlets, etc. are
not documents.

Infidelity in the
custody of
documents through
destruction or
concealment does
not require proof of
an illicit purpose.

Papers would
include checks,
promissory notes
and paper money.

Delivering the
document to the
wrong party is
infidelity in the
custody thereof.

A post office official


who retained the
mail without
forwarding the
letters to their
destination is guilty
of infidelity in the
custody of papers.

The damage may


either be great or
small.

Removal of a
document or paper
must be for an
illicit purpose.
There is illicit
purpose when the
intention of the
offender is to:
tamper with it,

The offender must


be in custody of
such documents
because of his
official capacity.

ARTICLE 227.
OFFICER
BREAKING SEAL

to profit by it, or
to commit any act
constituting a
breach of trust in
the official care
thereof.
Removal is
consummated upon
removal or
secreting away of
the document from
its usual place. It is
immaterial whether
or not the illicit
purpose of the
offender has been
accomplished.

ELEMENTS:

That the offender is


a public officer;
That he is charged
with the custody of
papers or property;

That these papers


or property are
sealed by proper
authority; and

That he breaks the


seals or permits
them to be broken.

It is the breaking of
the seals and not
the opening of a
closed envelope
which is punished.
Damage or intent
to cause damage is
not necessary;
damage is
presumed.

ARTICLE 228.
OPENING OF
CLOSED

DOCUMENTS

ELEMENTS:

1. That the
offender is a public
officer;

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Damage is not
necessary.

Article 229.
Revelation of
secrets by an
officer.

2007

That any closed


papers,
documents, or
objects are
entrusted to his
custody;
That he opens or
permits to be
opened said closed
papers, documents
or objects; and
That he does not
have proper
authority.

ELEMENTS OF
PAR. 1 (SECRETS
KNOWN BY
REASON OF HIS
OFFICIAL
CAPACITY):

That the offender is


a public officer;
That he knows of
a secret by reason
of his official
capacity;
That he reveals
such secret without
authority or

justifiable reasons;
and

That damage,
great or small, be
caused to the
public interest.

Secret must affect


public interest.

Secrets of a private
individual is not
included.
Espionage for the
benefit of another
State is not
contemplated by
the article. If
regarding military
secrets or secrets
affecting state
security, the crime
may be espionage.

That he delivers
those papers or
copies thereof to a
third person;

That the delivery is


wrongful; and
That damage be
caused to public
interest.

CHARGE means
custody or
control. If he is
merely entrusted
with the papers and
not with the
custody thereof, he
is not liable under
this article.

If the papers
contain secrets
which should
QuickTime and a

ELEMENTS OF
PAR. 2
(WRONGFULLY
DELIVERING
PAPERS OR
COPIES OF
PAPERS OF
WHICH HE MAY
HAVE CHARGE
AND WHICH
SHOULD NOT BE
PUBLISHED):

That the offender is


a public officer;
That he has
charge of papers;
That those papers
should not be
published;

not be
published,TIFF(Uncompressed)an
ddecompressorthe public
officer
are needed to see this picture.

having charge
thereof removes
and delivers them
wrongfully to a third
person, the crime is
revelation of
secrets. On the
other hand, if the
papers do not
contain secrets,
their removal for an
illicit purpose is
infidelity in the
custody of
documents.

Damage is
essential to the act
committed.

Damage to private
individual is not
necessary.

Chapter Six OTHER


OFFENSES OR

ARTICLE 230.
PUBLIC OFFICER
REVEALING
SECRETS OF
PRIVATE
INDIVIDUAL.

IRREGULARITIES
BY PUBLIC
OFFICERS

ARTICLE 231.
OPEN
DISOBEDIENCE.
ELEMENTS:
ELEMENTS:
That the offender is
a public officer;
That he knows of
the secret of a
private individual
by reason of his
office; and

That the offender is


a judicial or
executive officer;

That he reveals
such secrets
without authority or
justifiable reason.

That there is a
judgment,
decision or order
of superior
authority;

Revelation to one
person is sufficient.

If the offender is an
attorney, he is
properly liable
under Art. 209
(betrayal of trust by
an attorney).

That such
judgment, decision
or order was made
within the scope of
the jurisdiction of
the superior
authority and
issued with all the
legal formalities;
and

That the offender


without any legal
justification openly
refuses to execute
the said judgment,
decision or under
which he is duty
bound to obey.

SUPERIOR
OFFICER; WHEN
SAID ORDER
WAS SUSPENDED
BY INFERIOR
OFFICER.

ELEMENTS:
Judgment should
have been
rendered in a
hearing and issued
within proper
jurisdiction and with
all required legal
solemnities.

ARTICLE 232.
DISOBEDIENCE
TO ORDER OF

That the offender is


a public officer;
That an order is
issued by his
superior for
execution;

That he has for any


reason suspended
the execution of
such order;

Page 122 of 174

Criminal
Law
Summer
Reviewer

ATENEO
CENTRAL BAR
OPERATIONS

2007

That his superior


disapproves the
suspension of the
execution of the
order; and
That the offender
disobeys his
superior despite

the disapproval of
the suspension.

A public officer is
not liable if the
order of the
superior is illegal.

ARTICLE 233.
REFUSAL OF
ASSISTANCE.

ELEMENTS:

That the offender is


a public officer;
That a competent
authority

demands from the


offender that he
lend his
cooperation
towards the
administration of
justice or other
public service; and

election to a public
office;

That the offender


fails to do so
maliciously.

That there is no
legal motive for
such refusal to be
sworn in or to
discharge the
duties of said
office.

This felony involves


a request from one
public officer to
another.

Damage to the
public interest or
third party is
essential.

Demand is
necessary.
Demand must be
from competent
authority

That he refuses to
be sworn in or
discharge the
duties of said
office;

If the elected
person is
disqualified, his
refusal to be sworn
in or to discharge
the duties of the
office is justified.
Refusal to
discharge the
duties of an
appointive office
is not covered by
this
article.
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ARTICLE 234.
REFUSAL TO
DISCHARGE

ELECTIVE
OFFICE.

are needed to see this picture.

ARTICLE 235.
MALTREATMENT
OF PRISONERS.

ELEMENTS:
ELEMENTS:

That the offender is


elected by popular

That the offender is


a public officer or
employee;

That he has
charge of a
prisoner or
detention prisoner
(otherwise the
crime is physical
injuries); and

The public officer


must have actual
charge of the
prisoner in order
to be held liable
(not merely by
legal fiction)

Offended party:
Convict by final
judgment or
detention prisoner

That he maltreats
such prisoner in
either of the
following manners:
by overdoing
himself in the
correction or
handling of a
prisoner or
detention prisoner
under his charge
either
by the imposition of
punishments not
authorized by the
regulations, or

by inflicting such
punishments (those
authorized) in a
cruel and
humiliating
manner, or
by maltreating
such prisoner to
extort a
confession or to
obtain some
information from
the prisoner.

To be considered a
detention prisoner,
the person arrested
must be placed in
jail even for just a
short time.
Maltreatment not
due to personal
grudge.

Offender may also


be held liable for
physical injuries
or damage
caused.

(Penalty provided
in Article 235 is
imposed in addition
to penalty for injury
or damage caused)

ARTICLE 236.
ANTICIPATION OF
DUTIES OF A

PUBLIC OFFICE.

ELEMENTS:

That the offender is


entitled to hold a
public office or
employment,
either by election or
appointment;
That the law
requires that he
should first be
sworn in and/or
should first give a
bond;

That he assumes
the performance
of the duties and
powers of such
office; and

Page 123 of 174

That he has not


taken his oath of
office and/or
given the bond
required by law.

ARTICLE 237.
PROLONGING
PERFORMANCE
OF

DUTIES AND
POWERS.

ELEMENTS:

1. That the
offender is holding
a public office;

Criminal Law Summer


Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

That the period provided by law, regulations or


special provisions for holding such office has already
expired; and
That he continues to exercise the duties and
powers of such office.

The article contemplates officers who have been


suspended, separated, declared over-aged or
dismissed

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Page 124 of 174

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