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CRIMINAL LAW 2

TITLE ONE MILF, NPAs, even if they are at war


CRIMES AGAINST NATIONAL SECURITY AND THE with the Philippine government, they
LAW OF NATIONS (Articles 114 – 122) cannot be considered as enemies
because they are still considered as
ARTICLE 114 – TREASON Filipino citizens. So the aliens refer
- is committed by a Filipino citizen or an alien residing in to the citizens of the enemy state
the Philippines who levies war against the Philippine which is at war with the Philippines.
Government or adheres to her enemies by giving them
aid and comfort 3. That the offender either—
ELEMENTS: a) Levies war against the
1. The offender is by birth, a Filipino Citizen or Philippine government, or
an alien residing in the Philippines, even if b) Adheres to the enemies by
temporary allegiance giving them aid or comfort.
 The offender may either be a Filipino  The third element refers to the
citizen, because a Filipino citizen mode of committing treason.
owes permanent allegiance to the treason may be committed by
Philippine Government; or another either:
offender is a foreigner, an alien a. Levies war against the
temporarily residing in the Philippine government ,requires
Philippines. During his temporary the concurrence of two
stay in the Philippines, he is given elements:
protection by the Philippine 1) there must be an
Government under its laws therefore actual of assembly of men
it is but incumbent upon him to have 2) it is for the purpose
temporary allegiance to the of executing or
Philippine Government. That is why effecting a treasonable
even an alien, a foreigner design by force.
temporarily residing in the This means that the said
Philippines can also commit treason offenders, Filipino citizens who
in times of war. are said to be in collaboration
with the enemy troops in order
2. That there is a war in which the Philippines is to hand over the Philippine
involved Government to the enemy
 The second element is that there is a troops. Absent of that
war in which the Philippines is collaboration, it cannot be
involved. In the case of Laura vs. considered as treason
Misa, treason is a war time offense.
It can be committed only in times of b. Adheres to the enemies by
war. In times of peace, Treason giving them aid or comfort.
remains to be dormant crime, Adherence to the enemies—
however, the moment when an mean that the Filipino citizen or
emergency arises, the moment a the offender intentionally,
war arises, it is immediately put into intellectually and emotionally
effect as an act self-defense and favors the enemy.
self-preservation of the Philippine Therefore,adherence to the
Government. Treason cannot be enemies is an internal state of
committed in times of peace, mind, it is mental state, you
because in times of peace, there are cannot see adherence to the
no traitors. enemies

 Who are these traitors?  How now would you know


 These enemies are troops of the that a person is adhering to
enemy state which is in war with the the enemy state?
Philippines. Filipino men like the

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 It is manifested by his rise to conviction in case of the crime of
acts of giving aid or treason.
comfort to the enemy.
That is why these two ILLUSTRATION:
must concur: Q: What if there is war which the Philippines is involved? X
1. Adherence to the was among those who committed treason against the
enemies government. now X in committing treason killed a public
2. Giving them aid or officer of the government of the Philippines, in furtherance
comfort of his act of treason. Will such act amounting to murder
give rise to a separate and distinct crime? Will you charge
 Mere adherence to him for two crimes based on treason and murder?
the enemies, without A: There is only one crime committed by him
any act of giving aid or and the crime committed is treason. Common
comfort to the enemy crimes such as Murder, physical injuries,
will not bring along homicide, arson, if they are committed in
treason, it is the act of furtherance to, in connection with or incidentally to
giving aid or comfort treason shall be absorbed in the crime of treason
which is the because they are atrocities for war and therefore,
manifestation of the they are considered as absorbed in the crime of
adherence to the treason. It cannot even be complex, they are
enemies. considered absorbed in the crime of treason.

EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES Q: What if A, B and C, conspired and agreed to commit
BY GIVING AID OR COMFORT: treason against the Philippine Government. After their
o By giving the enemies information, transportation, conspiracy and agreement, A went to X. A told his friend X
arms, supplies, all of these will weaken the that he was in conspiracy with B and C to commit treason
defense of the Philippines and strengthen the against the Philippine Government. After A told him such
enemy state. conspiracy with X, A left. X, despite knowledge of the
o People vs. Perez:The court said, "the act of conspiracy to commit treason among A, B, and C, did not
commandeering women or giving women to the disclose such information to the proper authorities. What
enemy troops in times of war, to satisfy the lust of crime/crimes is/are committed by A, B, C, and X?
the enemy troops is not considered as a A: A, B, and C are liable for the conspiracy to
treasonable act." Because according the Court, commit treason. There is a meeting of two or
whatever benefit is given to the enemy is merely more persons come to an agreement to commit
trivial in nature,imperceptible and it was not the the crime of treason and decide to commit it.There
intent of the offender (unintentionally). is proposal to commit treason when a person has
decided to commit the crime of treason and
 There are two ways of proving treason under Article proposes its execution to some other person or
114: persons. The moment that other person whom the
1. TESTIMONY OF TWO WITNESSES, AT proposal was given, raise to the commission of
LEAST, TO THE SAME OVERT ACT, crime, we no longer have proposal, but we have
OTHERWISE KNOWN AS THE "TWO-WITNESS Conspiracy to commit treason. In the problem, A,
RULE" B, and C, conspired, agreed to commit the crime
 There must be two witnesses who will prove of treason against the Philippine government,
only on the commission by the offender of an therefore they are all liable for conspiracy to
overt act showing that he adheres to the commit treason.
enemy. Therefore, treason cannot be proven
by mere substantial evidence. There must be Q: X, who had knowledge of the conspiracy to commit
direct evidence, a witness to this act of giving treason among A, B, and C, however, despite that
aid or comfort to the enemy. knowledge, he did not disclose it to the proper authorities.
2. CONFESSION OF THE OFFENDER OR THE What is the liability of X?
ACCUSED MADE IN AN OPEN COURT A: X is liable for misprision of treason – is
 Confession of guilt must be made before a committed by any person who owes permanent
court. Extra-judicial confession will not give allegiance to the Philippine Government who fails

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to disclose of knowledge to commit treason as been trusted, by reason of his public position,
soon as possible to the proper authorities.In the of articles, data of confidential nature relative
problem, C, despite having knowledge of the to the defense of the Philippines.
conspiracy to commit treason among A, B, and C  The crime of espionage will arise the moment
did not divulge it, did not disclose it to the proper the offender divulges or discloses the data
authorities, therefore, X is liable for misprision of and information to a representative of a
treason. foreign nation.
 So even if he is in possession of the same,
 TREASON can be committed both by Filipino citizens but he does not divulge it to any
and a foreigner temporarily residing in the Philippines, representative of a foreign nation, the crime
but MISPRISION OF TREASON can only be will not arise.
committed by a Filipino citizen who owes permanent
allegiance to the Philippine government, it cannot be  Espionage can be committed in BOTH, in times of
committed by a foreigner residing in the Philippines. peace and in times of war.

ARTICLE 117 – ESPIONAGE ARTICLE 118 –INCITING TO WAR OR GIVING MOTIVES


There are two ways of committing espionage under Article FOR REPRISALS
117: ELEMENTS:
I. By entering, without authority therefor, a 1. That the offender performs unlawful or
warship, fort, or naval or military unauthorized acts by the Philippine government.
establishment or reservation to obtain any 2. That the said act provoke or give occasion for a
information, plans, photographs or other data war involving or liable to involve the Philippines or
of a confidential nature, relative to the defense expose Filipino citizens to reprisals on their
of the Philippines persons and property while they are in a foreign
 The offender can be any person. He can be a country.
Filipino citizen, or a foreigner, or he can be a 3. He is not legally authorized to do so.
public officer or employee, or he can be a
private individual.  Inciting to war connotes that there is yet no war. It is
committed in times of peace.
 When will the crime of espionage arise?
 Under the first mode, the crime of espionage Case of CAPTAIN MENDOZA
will arise moment the offender enters the Hostage drama in Luneta. There were Hongkong
warship, fort or naval or military establishment citizens boarded the bus and here comes captain
or reservation, without authority if his intention mendoza who was no longer a member of the
is to obtain any information, plans, military, he entered the bus, with different
photographs or other data of a confidential weapons and grenades and even killed some
nature, relative to the defense of the hongkong citizens. Captain mendoza performed
Philippines. unlawful, unauthorized acts which expose
overseas Filipino workers in Hongkong and china
 It is not necessary that for the crime to arise to reprisals on their person or property. In fact,
that he is successful in obtaining the data. It there were news at that time that Hongkong or
is not necessary that he indeed obtained the China would be engaging in war with the
data. The mere act of entering without Philippines. Head captain Mendoza, one of the
authority is sufficient if his intention is to crimes that may be held against him is inciting to
obtain the data of confidential manner relative war or giving motives for reprisals.
to the defense of the Philippines.
ARTICLE119 – VIOLATION OF NEUTRALITY
II. By disclosing to the representative of a foreign ELEMENTS:
nation the contents of the articles, data or 1. The crime is committed when there is a war but
information referred to in paragraph No. 1 of the Philippines is not involved in the said war and;
art. 117, which he had in his possession by 2. The competent authority issued a regulation for
reason of the public office he holds. the purpose of enforcing neutrality among Filipino
 This mode of committing espionage can only citizens and ;
be committed by a public officer who has 3. The offender violates such regulation imposed.

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 Here, there is war but the Philippines is not involved in ARTICLE 121 – FLIGHT TO ENEMY'S COUNTRY
the said war. ELEMENTS:
1. That there is s war in which the Philippines is
Q: There is a war between country X and country Y. Here involved.
comes Pedro, a Filipino citizen, he was siding with country 2. That the offender must be owing allegiance to the
X. Is he liable? Philippine Government
A: No, he is not liable of violation of neutrality 3. That the offender attempts to flee or go to enemy's
because in the problem, it did not say that the country
competent authority (the President) issued a 4. That going to the enemy country is prohibited by a
proclamation or regulation imposing neutrality. competent authority

 The violation will only arise if there is a proclamation or  There must be a declaration or a proclamation issued
regulation imposing neutrality and a Filipino citizen by a competent authority, that no Filipino shall flee to
violates such declaration or regulation issued by a the enemy's country and the offender violates such
competent authority. Therefore, absence of such proclamation.
declaration of neutrality, the crime of violation of  Mere attempt will readily rise to the crime. It is not
neutrality does not arise. necessary that the offender has actually gone to the
country.
ARTICLE120 – CORRESPONDENCE WITH HOSTILE  There must be declaration or proclamation prohibiting
COUNTRY flight to enemy state.
ELEMENTS:
1. That it is in time of war in which the Philippines is
involved.
2. That the offender makes correspondence with an
enemy country or any territory occupied by enemy ARTICLE 122 – PIRACY
troops. ELEMENTS:
3. That the correspondence is either — 1. The first element is where the vessel is
a.) Prohibited by the Philippine Government located. The vessel can either be on the high
b.) Carried on in ciphers or conventional signs seas or on Philippine waters (this was brought
c.) Containing notice or information which might about by the amendment of RA 7659). Before
be useful to the enemy the amendment of RA 7659, Piracy under
Article 122 can only be committed when the
 Here, there is a war in which the Philippines is vessel is on the high seas. But because of
involved. this amendment brought about by RA 7659,
Piracy now under Article 122 can be
Q: The Philippines is at war with the another country. Here committed when the vessel is on Philippine
comes X, a Filipino citizen, he has a pen pal who is a waters.
citizen of the country which is at war with the Philippines.
The competent authority or the President issued a 2. The second element provides for the
declaration of proclamation saying that there should be no offenders. The offenders must NOT be
correspondence to the enemy state. But X missed his members of the complement or passengers of
penpal, and so, he wrote in a small piece of paper, "i love the vessel. Therefore, the offenders must be
you, i miss you, muamua!" Is X liable of the crime of STRANGERS to the vessel. They must be
correspondence with the enemy? coming from the outside, not from the inside.
A:X is liable because there was a declaration issued
by a competent authority that correspondence with the 3. The third element refers to the mode of
hostile country is prohibited and if there is no committing piracy.
declaration, proclamation coming from the competent a. The offenders either ATTACK or
authority prohibiting correspondence, the crime will SEIZE the vessel.
only arise if the said crime is carried on in ciphers or b. The offenders either SEIZE IN
conventional signs or Containing notice or information WHOLE or IN PART the cargo, the
which might be useful to the enemy. equipment or the personal

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belongings of the passengers or ARTICLE122 –MUTINY
members of the complement. COMMITTED WHEN:
1. The vessel is either on the high seas or on
 Based on these elements, you will notice that piracy is Philippine waters
akin to robbery. It is in effect robbery. It is just called 2. The OFFENDERS are MEMBERS OF THE
piracy because the object of the thing is either the COMPLEMENT or PASSENGERS OF THE
vessel or the cargo or equipment of the said vessel. VESSEL
There is also the use of force or intimidation. There is 3. The offenders raise a commotion or
also the use of violence against persons. There is also disturbance on the board the ship against the
intent to gain.So it is akin, similar to robbery. lawful command of the captain or the
commander of the ship.
In mutiny, there is no taking because in mutiny there is no
intent to gain. Mutiny is the rising of commotion, a
resistance against the lawful command, against the lawful
authority of the commander or captain of the ship.
Since in mutiny, there is no intent to gain, mutiny is akin to
sedition. The rising of commotion, an uprising, an act of
dissent against lawful authority.

SO HOW DO YOU DISTINGUISH PIRACY VS. MUTINY?


1. In piracy, the offenders are strangers to the
vessel, whereas, in mutiny, the offenders are
necessarily inside the vessel, they are either
members of the complement or passengers of the
vessel
2. In Piracy, there is intent to gain because it is
similar to robbery, whereas, in mutiny, there is no
intent to gain because the essence of the crime is
to go against the lawful authority of the
commander of the ship.

ILLUSTRATION:
Q: The vessel is on the sea going to Mindoro. So while the
ship is on its way to Mindoro, suddenly there comes a big
storm. The commander or the captain of the ship said that
they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers
of the vessel. The passengers of the vessel and members
of the complement didn’t want the decision of the said
captain of the ship and so they seize the captain of the ship
and manned the vessel until they reach Mindoro. What
crime, if any, is committed by these members of the
complement and passengers of the vessel?
A: They are liable of MUTINY. The vessel is on
Philippine waters. The offenders are members of
the complement and they go against the lawful
authority of the captain of the ship. Therefore they
are liable of mutiny.

Q: While a vessel is on Philippine waters, here comes a


second vessel. Four men from the second vessel boarded
the first vessel and at gunpoint, took the cargo and
equipment of the said vessel. Placed them in the second

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vessel and off they went. What crime is committed by these ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD
four men? 532)
A: They are liable of PIRACY UNDER ARTICLE Under PD 532, piracy is committed by attacking or seizing
122. The vessel is on Philippine waters, the the vessel or seizing in whole or in part the cargo,
offenders are not members of the complement or equipment or personal belongings of the members of the
passengers of the ship. They seize the cargo and complement or passengers of the vessel IRRESPECTIVE
equipment of the vessel. Therefore, it is piracy of the value thereof, committed by means of force and
under Article 122. violence and committed by any person whether he may a
member of the complement or passenger of the vessel or
Q: The vessel is on Philippine waters. While the vessel is strangers to the vessel BUT the vessel is on Philippine
on Philippine waters, the members of the complement and waters. Therefore, for PIRACY UNDER PD 532 to arise, it
passengers of the said vessel in conspiracy with one necessary that the vessel is on Philippine waters.If the
another took the cargo and equipment of the said vessel, vessel is on the high seas, immediately rule out PD
and then they boarded a second vessel and off they went. 532.
What crime is committed by the members of the
complement and passengers of the said vessel? HOW COULD YOU KNOW IF IT IS PIRACY UNDER PD
A: The members of the complement and 532 OR PIRACY UNDER ARTICLE 122 OF RPC?
passengers of the vessel committed ACTS OF  If the vessel is on Philippine waters, your choice is
PIRACY because they seize in whole or in part either Piracy under PD 532 or Piracy Article 122.
the cargo or equipment of the vessel but NOT  Where lies the difference?
PIRACY UNDER ARTICLE 122 because in Article  Since Article 122 of RPC is the
122, it is a requisite that the offenders must be main law, we have to reconcile it
strangers to the vessel. Here, the offenders are with PD 532. Or PD 532 must
members of the complement and passengers of be reconciled with Article 122.
the vessel. So the crime committed is PIRACY Piracy under PD 532, the
BUT UNDER PD 532. offenders can be any person.
He can be a stranger. He can
be members of the
complement.
 Therefore, where does PD 532 apply?
 It will apply when the offenders
are members of the
complement or passengers of
the vessel and the vessel is
on the Philippine waters.

Q: The vessel is on Philippine waters, suddenly men from


the outside committed acts of piracy. What crime is
committed?
A: Piracy under Article 122
Q: The vessel is on Philippine waters. Acts of piracy were
committed by the members of the complement or
passengers of the vessel. What crime is committed?
A: Piracy under PD 532

Q: What if the vessel is on the high seas? While the vessel


is on the high seas, there comes a second vessel. Four
men from the second vessel boarded the first vessel and at
gunpoint took the cargo and equipment of the first vessel.
What crime is committed by these four men?
A: Piracy under Article 122. The vessel is on the
high seas. The offenders are not members of the
complement or the passengers of the vessel.

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They seize in whole or in part the cargo and are qualifying circumstances which are
equipment of the said vessel. prejudicial to the accused therefore they
must be strictly construed.
Q: While the vessel is on the high seas,members of the
complement or passengers of the vessel in conspiracy with ILLUSTRATION:
one anothertook away the cargo and equipment of the Q: What if the vessel is on Philippine waters, and there
vessel. What crime is committed? comes a second vessel. Four men from the second vessel
 NOTE: It is not piracy under Article 122 boarded the first vessel and at gunpoint, they asked the
because here, the offenders are passengers to give to them all their valuables. One woman
members of the complement or didn’t want to give her wedding ring because it was so
passengers of the vessel. In Article 122, precious to her and so one of the men forcibly took the
it is required that the offenders must be wedding ring from the finger such that the finger was
strangers to the vessel. It cannot be severed from it. What crime is committed?
piracy under PD 532 because the vessel A: QUALIFIED PIRACY because piracy was
must be on Philippine waters. In our accompanied by physical injuries.
problem, the vessel is on the high seas.
So, what crime is committed? Q: What if in the same problem, the woman didn’t want to
A: Again, piracy is akin to robbery. Since Piracy give the ring, one of the men slapped the woman on the
under Article 122 and Piracy under PD 532 do not face three times and the face of the woman became
apply, the crime committed is ROBBERY IN AN reddish. She suffered slight physical injuries. What about
UNINHABITED PLACE. the fact that the injury suffered was only slight?
A: It will not make a difference although the injury
ARTICLE 123 – QUALIFIED PIRACY suffered was only slight. In the third circumstance
 What are the circumstances which will qualify piracy? which will qualify piracy, the word “physical
 Under Article 122, the following injuries” is used in its generic sense. Therefore,
circumstances will qualify piracy: whatever be of kind of physical injuries, whether
1. Whenever the offender have seized serious or slight for as long as it was accompanied
a vessel by boarding or firing by piracy, it will be considered as qualified piracy.
upon; or
2. Whenever the offenders have Q: What if in the same problem, the woman didn’t want to
aband0ned their victims without give the ring and one of the men touched the private parts
means of saving themselves; or of the said woman and after touching the private parts of
 There is intent to kill. the said woman with lust, he forcibly took the ring. What
3. Whenever the crime is crime is committed by the said men?
accompanied by murder, A: All of them will be liable for piracy. However,
homicide, physical injuries or the man who touched the private part of the
rape woman will be liable for two crimes: piracy and
 Whenever these four acts of lasciviousness. Acts of lasciviousness is
crimes accompanied the not mentioned in Article 123. Therefore, its
act of piracy, it will not bring presence will not qualify piracy. It will bring about
about a separate and a separate and distinct charge of acts of
distinct crime or a separate lasciviousness.
and distinct charge of  So, only these four crimes (murder, homicide,
murder, homicide, physical physical injuries and rape) will qualify piracy. If
injuries or rape. These other crime is committed and accompanied by
crimes are absorbed piracy and is not among these four crimes
because they are mentioned in Article 123, it will bring about a
circumstances which will separate and distinct charge.
qualify the penalty to death.
NOTE: These circumstances are
separate and distinct from each other. It QUALIFIED MUTINY
is not necessary that all of themmust be  Insofar as mutiny is concerned, what are the
present. The presence of one will qualify circumstances which will qualify mutiny?
piracy. Notice the conjunction OR. These

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 In Article 123, there is no specific mention of territory, seizure or usurpation thereof
qualified mutiny, however according to Reyes will bring about violation of RA 6235
and other legal luminaries, of the three even if all its doors are opened; even if it
circumstances stated in Article 123, is not in flight.
paragraphs 2 and 3 are considered as  Insofar as these two prohibited acts are
circumstances which will qualify mutiny. That concerned, what are the circumstances which will
is: qualify the penalty?
1. whenever the offenders have  Under RA 6235, the following
abandoned their victims without circumstances will qualify the first two
means of saving themselves; or acts:
2. whenever the crime is a. By firing upon the pilot or the
accompanied with murder, member of the crew or passenger
homicide, physical injuries or of the aircraft; or
rape b. By exploding or attempting to
 According to Reyes and explode by mean of a bomb or
other legal luminaries, only explosive for purposes of
these two are considered destroying the aircraft; or
qualified in mutiny because c. Whenever the crime is
in mutiny, the offenders are accompanied by murder, homicide,
necessarily, ordinarily serious physical injuries or rape
inside the vessel because
they are members of the  NOTE: In case of piracy, the law
complement or passengers uses the word “physical injuries” in
of the vessel. its generic sense. Whatever be the
kind of physical injury that will
ANTI-HIJACKING LAW (R.A. No. 6235 otherwise known accompany piracy, the crime
as An Act Prohibiting Certain Acts inimical to Civil committed is qualified piracy. But
Aviation) in case of hijacking under RA
Under RA 6235, there are four prohibited acts. 6235, the law is specific; it must
1. By compelling the pilot of an aircraft of Philippine be serious physical injuries.
registry to change its course or destination OR by Therefore, if the physical injuries
seizing or usurping control thereof while it is in that would accompany the act of
flight usurpation and seizure of the
aircraft would only be less serious
2. By compelling an aircraft of foreign registry to land physical injuries or slight physical
in Philippine territory OR by seizing or usurping injuries, the penalty is not
control thereof while the same is in Philippine qualified. The penalty is qualified
territory because from the penalty of 12 to
20 years, it would become 15
 These are the first two prohibited acts. How could years to death.
you distinguish the first act from the second act?
 If the aircraft is of Philippine registry, the 3. By carrying or loading on board a PASSENGER
seizure or usurpation to amount in AIRCRAFT operating as a public utility in the
violation of RA 6235, requires that the Philippines materials or substances which are
aircraft must be in flight. An aircraft is in explosive, flammable, corrosive or poisonous
flight the moment all its external doors 4. By shipping, carrying or loading on board a
had been closed, following embarkation CARGO AIRCRAFT operating as a public utility in
until any of it external doors had been the Philippines materials or substances which are
opened for purposes of disembarkation. explosive, flammable, corrosive or poisonous in a
 On the other hand, if the aircraft is of manner not in accordance with the rules and
foreign registry, the seizure or regulations of the Air Transportation Office
usurpation did not need while it is in
flight. For as long as the aircraft of HOW WOULD YOU DISTINGUISH THE 3RD FROM THE
foreign registry is within the Philippine 4TH ACT?

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 If the aircraft is a PASSENGER AIRCRAFT, 4. Article 248 (Murder);
the mere act of carrying or loading explosive, 5. Article 267 (Kidnapping and Serious Illegal Detention);
flammable, corrosive or poisonous 6. Article 324 (Crimes Involving Destruction,
substances will immediately constitute a
violation of RA 6235. or under
 If however the aircraft is a CARGO
AIRCRAFT, the loading of these poisonous 1. Presidential Decree No. 1613 (The Law on Arson);
substances, flammable substances, is 2. Republic Act No. 6969 (Toxic Substances and
allowed because it is a cargo aircraft. The Hazardous and Nuclear Waste Control Act of 1990);
crime will only arise if such act of loading is 3. Republic Act No. 5207, (Atomic Energy Regulatory and
not in accordance with the rules and Liability Act of 1968);
regulations of the Air Transportation Office. 4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-
HUMAN SECURITY ACT OF 2007 (R.A. No. 9372) highway Robbery Law of 1974); and,
Q: What if there is a bus and the bus is parked at 6. Presidential Decree No. 1866, as amended (Decree
Lunetapark and it was full of children. And here comes X, X Codifying the Laws on Illegal and Unlawful Possession,
had different kinds of explosive all over his body. And at Manufacture, Dealing in, Acquisition or Disposition of
gunpoint, entered the said bus and told the children to keep Firearms, Ammunitions or Explosives)
quiet. Thereafter, there is a cartolina on the glass window
of the said bus. Written on the cartolina were his demands
If the offender commits any of these crimes under
to the government. His demands were first, that his brother,
the RPC and any of the crimes under special
a member of NPA and who is being incarcerated by the
penal laws, thereby sowing and creating a
military be released and his second demand, was that
condition widespread and extraordinary fear and
funds be transferred to his account. So these were the
panic among the populace in order to coerce the
demands made by X against the government. Because of
government to give in to an unlawful demand, he
this, the parents of the children arrived, the media arrived,
is liable of terrorism and the penalty is 40 years
all the cabinet secretaries arrived. Only the president did
imprisonment without the benefit of parole under
not arrive. So everybody was there. They were afraid that
the Indeterminate Sentence Law. So it is the
the children might die so there was chaos in the entire
maximum penalty of 40 years. He has to serve it
Philippines. It took the members of the military and police
totally. Even if he has already served the
12 hours to subdue X. So after 12 hours, they were able to
minimum, he cannot be given the benefit of parole
arrest X. What crime, if any, may be filed against X?
under the Indeterminate Sentence Law. So it is
A: X will be charged of the crime of terrorism
necessary that he must commit any of these
under RA 9372, the Human Security Act of 2007.
predicate crimes and after committing these
Under Section 3 of Ra 9372, terrorism is
predicate crimes, where lies the difference?
committed when the offender commits any of the
Because his act that sowed and created fear and
following acts punishable under the RPC:
panic among the populace coupled with an
a. Piracy
unlawful demand against the government.
b. Rebellion
c. Coup d’Etat
Q: So let us say that X was charged with terrorism based
d. Murder
on a valid complaint or information a case of terrorism was
e. Kidnapping and Serious Illegal
filed against him before the RTC. However, after trial on the
Detention
merits, the judge acquitted him. According to the judge, the
f. Crimes involving Destruction
prosecution failed to prove the guilt of the accused beyond
reasonable doubt therefore acquittal for reasonable doubt.
If the offender commits any of these acts
Since he is acquitted of terrorism under RA 9372, can he
punishable under the RPC or any of the following
still be prosecuted for his predicate crime of kidnapping and
acts punishable under special penal laws:
illegal detention because he detained the children for more
than 12 hours? Can he still be prosecuted for Illegal and
1. Article 122 (Piracy in General and Mutiny in the High
Unlawful Possession of Firearms, Ammunitions or
Seas or in the Philippine Waters);
Explosives because he was full of firearms and
2. Article 134 (Rebellion or Insurrection);
ammunitions and explosives?
3. Article 134-a (Coup d’Etat), including acts committed by
A: No more. Because of Section 49 of RA 9372.
private persons;
Under Section 49 of RA 9372, whenever a person

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CRIMINAL LAW 2
has been charged of terrorism, or any act
punishable under RA 9372, based on the valid
complaint or information, sufficient information and
substance to bring about and thereafter he is
acquitted or the case is dismissed, he can no
longer be subsequently prosecuted for any other
felony or offense necessarily included in the crime
charged. The crime of kidnapping and serious
illegal detention is necessarily included in
terrorism because it is one of the predicate crimes.
Likewise, violation of PD 1866, as amended Illegal
and Unlawful Possession of Firearms is also TITLE TWO
necessarily included in terrorism because it is one CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
of the predicated crimes in terrorism. Or any of STATE (Articles 124 – 133)
these predicated crimes, he can no longer be
charged because they are necessarily included in The acts under TITLE TWO are made criminal because
terrorism. This is known as the ABSORPTION they both appease the Bill of Rights. The rights stated
PRINCIPLE in terrorism. under the Constitution and the first of these is under
ARTICLE 124, 125 and 126 – Arbitrary Detention.
Q: But what if in the same problem, while X was waiting for
his demands to be given by the government, he saw a girl 3 KINDS OF ARBITRARY DETENTION:
and with lewd design, he touched the private parts of the 1. Arbitrary Detention by detaining a person without
seven-year old girl. Therefore he committed a violation of legal ground under Article 124
RA 7610 the Anti-Child Abuse Law. He was acquitted of 2. Arbitrary Detention by failing to deliver the
terrorism. Can the state prosecute him for violation of RA detained person to the proper judicial authorities
7610? within 12, 18 or 36 hours under Article 125
A: Yes, because it is not among the predicate 3. Arbitrary Detention by delaying the release of
crimes. It is not a crime necessarily included in prisoners despite the judicial or executive order to
the crime of terrorism. do so under Article 126

ARTICLE124 – ARBITRARY DETENTION BY


DETAINING A PERSON WITHOUT LEGAL GROUND
ELEMENTS:
1. That the offender is a public officer or employee
 Who is the offender in Article 124?
 The offender is a public officer or
employee. BUT NOT ALL PUBLIC
OFFICERS OR EMPLOYEES can
commit arbitrary detention. The
public officer of employee can
commit arbitrary detention are only
those who have been vested with
authority to effect arrest and
detain a person or at least to
cause the detention of a person.
Public officers who have been vested
with authority to effects arrest and detain
a person are POLICE OFFICERS. On
the other hand, public officers vested with
authority to cause the detention of a
person are MEMBERS OF CONGRESS.
They can order the detention of a person
who has been cited of contempt for
failing to accurate their proof, or we have

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CRIMINAL LAW 2
JUDGES they can order the summary b.) If a person was arrested and
detention of persons cited in contempt of detained under any of the
court. circumstances for a valid
2. That he detains a person warrantless arrest
The second element requires that the c.) If a person was suffering violent
offender detains a person. insanity or any illness which
 So when is there detention? requires compulsory
 There is detention when the confinement.
offended party is placed in  These are the valid ground
incarceration. When the offended for the arrest and detention
party is placed behind bars or when of a person.
the offended party is restrained of
his person or liberty. ILLUSTRATION:
 In order to amount arbitrary Q: So if a person, driving his vehicle entered a one way
detention there must be an act of street and in violation of the LTO rules and regulation, was
restraint on the person or liberty stopped by police officer, his license was taken and gave
of the offended party. Absent that him a ticket and was bought to the nearest PNP station and
intent, absent the actual restraint on was placed behind bars. He was detained. That was 8
the person or liberty of the offended o’clock in the morning then the arresting officer left. And on
party – It can be any other crime the afternoon, the police officer returned to the police
BUT NOT ARBITRARY station. Upon his arrival, he immediately released the
DETENTION. Therefore, Supreme incarcerated person whom he detained for entering a one
Court said that intent to detain must way street. Is the said police officer liable for arbitrary
be manifest, it must be evident. detention under Article 124?
Absent that, it can be any other A: YES, he is liable ofARBITRARY
crime but not arbitrary detention. DETENTION. He is a public officer vested with
authority to effect arrest and detain a person. If
3. That the detention is without legal grounds he detained the person, the detention was without
The third element requires that the detention legal ground. It is without legal ground because
must be without legal ground. entering a one way street and violating the traffic
 So when is detention without legal rules and regulation is not a ground for
grounds under Article 124? incarceration. It is not a ground for a person to be
 1. When the said offended party was placed behind bars. If a person committed a
arrested without a warrant of arrest. violation of traffic rules and regulation like entering
2. When the said offended party was a one way street or beating the red light, he
arrested and his arrest and detention should only be given a ticket. There should not
does not fall under any of the even be a confiscation of license. After that, he
circumstances or a valid warrantless should be allowed to leave but that is not a ground
arrest. for him to be placed under detention. Since the
3. When he is not suffering from officer detained the person without any legal
violent insanity or any other ailment ground HE IS LIABLE FOR ARBITRARY
which requires compulsory DETENTION.
confinement.
 All of these are not Q: What if X is suspected to be a snatcher and many
considered valid grounds complaints was filed against him. One time, when the
for detention. police officers were conducting a patrol they saw X who
 So to reverse, what are the valid was perhaps waiting for a ride. When the police officers
grounds for detention? saw X they immediately arrested X and brought him to the
 The following are valid grounds for nearest police station. They told X that he is to be
detention: investigated for he is said to be a cellphone snatcher. So
a.) If the person does not receive he was brought to the investigation room however, the
and detained by virtue of a investigation officer was not around so the arresting officer
warrant of arrest. told him that he needs to be investigated and that he can
leave but he must make sure to come back for purposes of

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CRIMINAL LAW 2
investigation otherwise if he does not come back the next warrant arrest a person under the
time they see him they will kill him. So because of that, X following circumstances:
would get out of the precinct but would immediately return. a.) That in his presence the
Are the police officers liable for arbitrary detention? person to be arrested has
A: NO, the police officers are not liable for committed, is actually
arbitrary detention. There is no intent to restrain committing, or is attempting
or detain the person or liberty of X, the offended to commit a crime. This is
party. In order to amount to arbitrary detention it is otherwise known as
necessary that the intent of the public officer to INFLAGRANTE DELICTO
restrain the person or liberty of the offended party ARREST
must be manifest and it must be evident. In this b.) When a crime has in fact
case however, it is not. just been committed, and
the police officer has
 Even if there is a threat on the part of the police probable cause to believe
officer there is however no intent to detain X. based on personal
What are the crimes if any are the police officer knowledge of facts and
liable for? circumstances that the
 They committed GRAVE THREATS person to be arrested is the
because they threatened to kill X if he would one who committed the
not come back. It is the grave threats that crime. This is otherwise
made X come back in the police station. known as HOT PURSUIT
ARREST.
ARTICLE125 – ARBITRARY DETENTION BY FAILING c.) When the person to be
TO DELIVER THE DETAINED PERSON TO THE arrested is a prisoner who
PROPER JUDICIAL AUTHORITIES WITHIN 12, 18 OR 36 has escaped from a penal
HOURS establishment or a place
ELEMENTS: where he is serving final
1. The offender here is a public officer or sentence or temporarily
employee vested with authority to effect arrest detained while his case is
and detain a person pending, or has escaped
2. That offender has detained a person for some while being transferred from
legal ground one penal institution to
The second element requires that the another.
offender arrests and detains a person for  These are the
some legal ground. circumstances for a
 What are these legal grounds referred to valid warrantless
under Article 125? arrest. These are the
 The legal ground being referred to in circumstances referred
Article 125 is not the fact that the to in the second
said arrest was made by virtue of a element of Article 125.
warrant of arrest because if the
offended party was arrested by the 3. That the offender fails to deliver the person
public officer by virtue of a valid arrested to the proper judicial authorities
warrant of arrest he does not have within 12, 18 or 36 hours.
the obligation to deliver him to the The third element requires that that the
proper judicial authorities. offender fails to deliver the person arrested to
 So what are these valid instances in the proper judicial authorities within 12, 18 or
arresting a person? 36 hours.
 These refer to circumstances of valid  What do you mean by delivery?
warrantless arrests under Section 5  Delivery does not mean that you
Rule 112 of the Rules of Court. It really have to deliver the physical
requires that a peace officer or a body of the person arrested to the
private individual may even without a court. It means constructive delivery
or legal delivery, meaning, the filing

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CRIMINAL LAW 2
of the appropriate case before the A: Yes, because the law says “or their
proper court. That is delivery to equivalent”. 12 hours, for crimes punishable by
proper judicial authorities - filing of light penalties, or their equivalent. That means all
the case before the proper court. their equivalent refers to their equivalent even in
 The law says that a public officer must cases of violation of special penal laws.
deliver to the proper judicial authorities. Therefore, even if the crime committed or the
So judicial authority, what does it mean? crime for which the offender is being arrested is
 The proper judicial authorities refers based on violation of special penal laws, the
to COURTS OF JUSTICES OR arresting police officer has the obligation to deliver
JUDGES OF THE COURTS THAT the person arrested to the proper judicial
HAS THE POWER TO ORDER THE authorities in consonance with Article 125 of the
INCARCERATION OR DETENTION Revised Penal Code.
OF A PERSON OR HIS
TEMPORARY RESTRAIN UPON Q: What if the police officers caught X in the actual act of
POSTING OF APPROPRIATE killing Y. So they saw X and Y fighting and they saw X
COMPLAIN. stabbed Y to death. Therefore, X is liable of homicide. They
arrested X and that was Saturday, 3 o’clock in the
The FISCAL does not belong to the afternoon. Sunday, there is no office. The following day,
proper judicial authority because he Monday, happens to be declared a special non-working
belongs to the executive branch. The holiday. Therefore, the police officers were able to deliver X
Fiscal is under the Department of to the proper judicial officer only on Tuesday, 8 o’clock in
Justice and not under the Supreme the morning. They were able to file the case in the Fiscal’s
Court. The head of the Fiscal is office for purposes of proceedings Tuesday, 8 o’clock in the
Secretary De Lima and the President morning, beyond 36 hours which was required by law. Are
and not Chief Justice Sereno. That’s the police officers liable for arbitrary detention?
why a Fiscal is not within the A: NO, the police officers are not liable for
meaning of a judicial authority. arbitrary detention. The Secretary of the
Second, the fiscal may fix or the Department of Justice has made a legal opinion
fiscal may recommend the bail but that the said 12, 18 and 36 hours refers to
he does not have the power to fix the WORKING HOURS. These refer to the time when
bail and allow the accused to go on the courts are open in order to receive the cases
temporary liberty. Only the judges to be filed against them. This does not include the
are allowed to fix the bail and order crime wherein the courts are closed and they did
the temporary liberty of the accused not receive the complaint or information to be filed
until upon the posting of the said against the accused.
bail.
ARTICLE126 – ARBITRARY DETENTION BY DELAYING
The law says that a public officer must deliver the person THE RELEASE OF PRISONERS DESPITE THE
arrested to proper judicial authority within: JUDICIAL OR EXECUTIVE ORDER TO DO SO
a) 12 hours, for crimes punishable by light penalties, ELEMENTS:
or their equivalent 1. The offender is a public officer or employee
b) 18 hours, for crimes punishable by correctional 2. That there is a judicial or executive order for
penalties, or their equivalent the release of the prisoner or detention
c) 36 hours, for crimes punishable by afflictive or prisoner, or that there is a proceeding upon a
capital penalties, or their equivalent petition for the liberation of such person.
3. That the offender without good/valid reason
ILLUSTRATION: delays: (1) the service of the notice of such
Q: What if a person has been arrested Inflagrante Delicto order to the prisoner; or (2) the performance
in possession of an unlicensed firearm. Possession of of such judicial or executive order for the
unlicensed firearm is punished by a special penal law (P.D. release of the prisoner; or (3) the proceeding
1866 as amended). Is the arresting officer required to upon a petition for the release of such person.
deliver the accused to the proper judicial authorities? Does NOTE: What is punishable is the delay without valid
Article 125 apply even to violation of special penal laws? reason, the delay of the release of the prisoner despite the
judicial or executive order to do so.

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 Example of judicial order for the release of a
prisoner let’s say that a person has been charged  What the law prohibits is that if this public officer
in court and the public prosecutor failed to present or employee expels him from the Philippines or
any evidence for consecutive times and no compels him to change his residence without
witnesses has ever been presented since the lawful authority to do so because there are
beginning. The judge will dismiss the case and persons who have been authorized by law to
order the release of the accused from jail. This is deport a person from the Philippines or to compel
an example of a judicial order for the release of a a person to change his residence.
prisoner. Or let’s say the judge acquitted the
accused then he will order the release of the said  For example, the President has the power to
accused from jail. deport or expel a person from the Philippines.
 How about an example of an executive order for a Another example is a foreigner who is known to
release of a prisoner? A person was arrested and be a persona non grata; the President may order
placed behind bars and proceeding was filed his deportation to his home.
before the fiscal’s office. The fiscal ordered the
release of the prisoner. This is an example of  The courts on the other hand, have the power to
executive order for the release the prisoner. compel a person to change his place of residence.
Let’s say the offender is a concubine and the
Q: What if X has been charged of two crimes - Illegal sales penalty to be imposed to a concubine is destierro.
of dangerous drugs and illegal possession of dangerous Therefore, the concubine is prohibited from
drugs? So, two crimes were filed against him. The illegal entering a particular place based on the judgment
possession of dangerous drugs was filed before the RTC of the court. Now, theprohibited place from which
Branch 6 on the other hand; the illegal sale was filed before she is prohibited from entering is the place where
RTC Branch 87. Two different courts were filed with. In the she lives. She cannot enter the said place
illegal possession of dangerous drugs which was filed in therefore; the court is empowered to compel her
RTC Branch 6, no witnesses were ever presented and so to change her place of residence because she
the judge immediately declared the dismissal of the case cannot enter the place wherein her house is
and he ordered that X should already be released from jail. situated.
However, the case for illegal sale of dangerous drugs
under RTC Branch 87 is still ongoing. The jail warden VIOLATION OF DOMICILE (ARTICLE 128, 129, 130)
receives the order coming from the judge RTC Branch 6  a public officer or employee entered into a
that X should be released. The jail warden did not compel. dwelling of another which is not armed with a
Is the jail warden liable for arbitrary detention under Article search warrant
 different prohibited acts constituting violation of
126 - Arbitrary Detention by delaying the release of
domicile:
prisoners despite the judicial or executive order to do so? I. By entering any dwelling against the will
A: NO, the jail warden is not liable for arbitrary of the owner thereof; or
detention under Article 126 because there is still II. By searching papers or other effects
another pending case against the said prisoner found therein without the previous
before another court. Therefore, it is incumbent consent of such owner; or
upon him not to compel with the judge of Branch 6 III. By refusing to leave the premises, after
having surreptitiously entered
since there is another case in Branch 87 which is
still ongoing. What the law punishes is delay ARTICLE128 – VIOLATION OF DOMICILE
without valid reason for the release of the ELEMENTS:
prisoner. 1. The offender is a public officer or employee

ARTICLE127 – EXPULSION  Who is the offender in the violation of domicile?


Expulsion is committed by public officers or employees who  He must be a public officer or employee
shall expel any person from the Philippines or who compels acting under color of authority
him to change his residence without any lawful authority to  A public officer or employee is said to be
acting under color of authority if he has been
do so.Again, the offender is a public officer or employee
vested with the authority to implement a
who acts either: search warrant, but when he entered in the
a.) By expelling a person from the Philippines said dwelling, he is not armed with a search
b.) By compelling a person to change his warrant. Therefore, he was acting under color
residence of authority.
 Even if he is a public officer or employee, but

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CRIMINAL LAW 2
he did not act under color of authority, is any search would be a violation of domicile.
liable only, not for violation of domicile, but is
either liable for qualified trespass to dwelling 3. By refusing to leave the premises, after having
or trespass to property because the public surreptitiously entered the dwelling
officer or employee is acting under his private - it is his refusal to leave the premises that will bring
capacity. about the violation of domicile, NOT the surreptitiously
entering. But it is required that entering must be done
2. He was not authorized by a judicial order to enter surreptitiously.
the dwelling and/or make a search therein for - Surreptitious entering means entering the dwelling
papers or other effects secretly, candidly.
 The second element requires that - Therefore, it is important that he mus-t refuse to leave
entering upon the dwelling of another after being discovered and asked to leave in order to
which is not authorized by a judicial amount to violation of domicile.
order. The judicial order refers to a - Mere surreptitious entering will not bring about
search warrant violation of domicile.

3. He either enters the dwelling of another against ILLUSTRATION:


the will of the latter or searching for papers or Q:What if the door of the house was opened, a police
other effects found therein without the consent of officer without being armed with a search warrant, entered
the owner, or after having surreptitiously entered
the door of the house and went up to the sala. The owner
the dwelling, being discovered and asked to leave,
he refuses to leave. of the house saw him and asked him to leave, and he left.
Is he liable for violation of domicile?
The third elements provides for the different modes of A: He is not liable for violation of domicile.
violation of domicile When the door of the house is open, there is no
(These three modes are separate and distinct from each prohibition; there is no opposition from entering.
other – do not look for all the three modes in a problem, Anybody may enter even without a search
violation of one of them will bring about violation of warrant; therefore, since there is no prohibition or
domicile) opposition from entering, violation of domicile
cannot be committed under the first act. Under the
1. By entering any dwelling against the will of the second act, it cannot be committed because he
owner thereof; or did not conduct the search. The third act also not
- There must a prohibition, an opposition from entering. done because the entering of the house is not
It can either be an implied or expressed opposition done surreptitiously.
from entering.
Example:
Q: What if in the same problem, the door of the house was
implied opposition – the door is closed. It can
opened, a public officer with the intent to conduct a search
be said that the owner is saying that “No one
warrant entered the house, when he was in the sala, the
can enter my house”
owner of the house saw him and told him to leave. He did
expressed prohibition – when the owner is
not leave; he just stayed there and sat on the sofa. Is he
inside the house and the officer knocks upon
liable for violation of domicile?
the door and upon seeing the officer, the owner
A: He is not liable for violation of domicile.
closes the door.
Under the first act, is entry against the will? – NO,
if there are sayings – “Do not enter”, “No entry”
the door was opened. Therefore, there was no
- It does not mean entering without the consent. An
opposition or prohibition from entering. Under the
entry without the consent is not an entry against the
will. second act, he did not conduct a search. Under the
- When you say entry against the will, there must be an third act, is the entering done surreptitiously? – NO,
opposition or a prohibition from entering the dwelling. because the door of the house was opened;
therefore, he did not violate any of the following
2. By searching papers or other effects found therein acts amounting to violation of domicile.
without the previous consent of the owner; or  But he did not leave the house, although the
- The consent of the owner matters. Even if the public owner of the house asked him to leave. Is he
officer or employee is allowed inside, the fact that he is liable?
allowed inside does not mean that he is allowed to  Yes. He is liable for unjust vexation.
conduct the search. (Nangiinislangsiya)
- He must ask first for the previous consent of the owner  Although he did not the house, he
before proceeding with the search. Without the cannot be liable for violation of
previous consent of the owner to conduct the search, domicile because his act does not

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CRIMINAL LAW 2
constitute the acts prohibited by A: They are not liable of violation of domicile.
Article 128. When they were told not to conduct the search,
they did not conduct the search and they were
Q: The door of the house was closed, but it was not locked. about to leave, therefore, not liable for violation of
A police officer without a search warrant opened the door, domicile. But they confiscated the drug
realizing it was not locked, entered the house and went up paraphernalia that they saw. Yes, the confiscated
to the sala intending to conduct the search. Before he could drug paraphernalia were admissible against the
conduct the search, the owner of the house saw him, and owner because they were contraband. They are
told him to leave and he left. Is he liable for violation of illegal per se. And the police officers saw them
domicile? without conducting the search, they saw them
A: Yes. He is laible for violation of domicile. inadvertently. Even without conducting the search,
Even if he left the said place upon being told to do the police officers would see contraband,
it, he is already liable because his entry was narcotics, in their presence, in their plain view,
against the will of the owner. The door was closed they are mandated by law to seize and confiscate
although it was not locked. Therefore, there was the same under the plain view doctrine. So in this
an implied opposition, an implied prohibition from case, these drug paraphernalia where under the
entering.When he entered without a search plain view and therefore under the obligation to
warrant intending to conduct a search is already a seize and confiscate them and these are
violation of domicile admissible as evidence against the owner of the
house.
Q: What if the police officer knocked on the door of the
house of X. X opened the door, upon seeing the public Q: What if a police officer was conducting a surveillance of
officers, X allowed them to enter. The police officer told X X, a well-known drug pusher, so he was always within the
that they were looking for a stolen car stereo in the vicinity of the house of X. One time, it was the birthday of
neighborhood; we are going to conduct a search in your X, the gate of the house was open, and the door of the
house. X said, "No, you cannot conduct a search inside my house was opened. The police officer disguised himself as
house”. The police officers agreed and left the house. Are one of the guests and he entered the house together with
they liable for violation of domicile? the flow of the guests. His intention was to conduct a
A: They are not liable. It is not entry against the search. He was already about to conduct the search when
will. They did not conduct a search. The entry was the owner of the house recognized him. The owner of the
not done surreptitiously. It does not fall any of the house came up to him. “I know you, you are a police
acts, therefore, they are not liable for violation of officer. Get out of my house right now” and he left. Is he
domicile. liable for violation of domicile?
A: No, he is not liable for violation of domicile.
Q: In the same problem, when they told the owner that they The entry was done surreptitiously, secretly,
were conducting a search for the stolen car stereo, the candidly, he was in disguise. It was not against
owner of the house said, “No, you cannot conduct a the will of the owner because the gates and the
search. There is nothing stolen inside my house” but the door were open. He did not conduct the search
police officers proceeded with the search. because the owner saw him before he could do
A: This time, they are liable for violation of so. The entry was done surreptitiously. He was
domicile because they made a search without the discovered and ordered to leave, and he left.
previous consent of the owner – under the second Therefore, he is not liable for violation of domicile
act of Art. 128  However, upon being discovered and ordered to
leave and stayed in the house.
Q: What if in the same problem, the owner of the house  Here, he is not liable for violation of
told the police officers, “No you cannot conduct a search, domicile.
there is nothing stolen inside my house” The police officers
obliged, they were going to leave the house, obeying the  Under Articles 129 and 130, there is still violation of
domicile despite the public officer or employee is
order of the owner. However, on their way out, before they
armed with a search warrant.
could go out, they saw near the door, a table and on top of
it, there were drug paraphernalia, contraband. And so, they
seized and confiscated the contraband and then thereafter ARTICLE129 – SEARCH WARRANTS MALICIOUSLY
they leave the house. Are they liable for violation of OBTAINED AND ABUSE IN THE SERVICE OF THOSE
domicile? Are the evidences confiscated admissible against LEGALLY OBTAINED
the owner?

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 Prohibited acts – violation of domicile is and therefore, he must allow him to enter his
committed through: house and to conduct his search.
I. By procuring a search warrant without just  What now would be the remedy of the owner
cause of the house?
 When a public officer or employee  The owner of the house has the
conducts a search and the search following remedies:
warrant was an illegally procured 1.) He can file a motion to quash the
search warrant. It was procured said warrant
without just cause. 2.) He can file a motion to suppress the
evidence that have been confiscated
SEARCH WARRANT – is an order in writing, issued in the inside the house.
name of the People of the Philippines, signed by a judge  In addition to these motions, he can
and directed to a peace officer, commanding him to search file a case of violation of domicile
for personal property described therein and to bring to court against the said public officer who
conducted the search. Violation of
the particular things to be seized.
domicile under Art. 129 because he
procured the said search warrant
Before a search warrant may be issue, the following without just cause.
are the requisites to a valid search warrant:  So in other words, the said police
1.) It is required that it is for one specific offense. officers must be allowed to enter and
2.) There must be probable cause allowed to conduct the search and the
3.) The probable cause must be determined personally by owner of the house shall have the
the issuing judge abovementioned remedies thereafter.
4.) The said probable cause was determined by the
issuing judge personally through searching questions II. By exceeding his authority or by using
and answers in writing, under oath or affirmation as the unnecessary severity in executing a
testimony given by applicant of the said search warrant search warrant legally procured
or any witnesses he may produce.
5.) The applicant of the search warrant and his witnesses  A search warrant is valid only for a period of 10
must testify only as to facts personally known to them days from the date of its issuance appearing on
6.) The said search warrant must specifically state the the search warrant.
place to be searched and the place to be seized.
ILLUSTRATION:
- If any of these requisites is wanting, then the said
search warrant is illegally procured. It is procured A search warrant was dated Dec. 1, a police officer
without just cause received it on Dec 3. The search was conducted Dec. 13.
- A search conducted by virtue of a search warrant The said search warrant is already invalid.
illegally procured without just cause is a kin to a search  When they conducted the said search on Dec.
without a search warrant. 13, they already exceeded the authority in the
said search warrant. Therefore, they are liable
Q: What if the police officer was armed with a search of violation of domicile under Article 129.
warrant, he procured the search warrant illegally without
just cause. The police had an enemy, B, then proceeded to Q: What if the said search warrant says that they could
a judge to issue a search warrant testifying under oath, the conduct the search, anytime of the day. They conducted
he is positive under his surveillance that B was in the search at night time.
possession of an unlicensed firearm inside his house. The A: They are liable of violation of domicile under
judge believed the police and issued a search warrant Article 129 because they exceeded the authority
against B. The police officer is now armed with a search in the said search warrant.
warrant, and went to the house of B and showed it to B. B,
upon reading the search warrant, knew it was maliciously A search warrant may only be conducted at day time. It
procured, it was procured without just cause. Should B may only be implemented at day time, EXCEPTIONS:
allow the police officer to conduct the search?  When there is a specific order in the
search warrant stating that if can be
A: Yes. Even if the said search warrant was
conducted at anytime of the day or night.
procured without just cause, the police officer  Absence of such order in the said search
must be allowed to enter and conduct the search, warrant, a search warrant can only be
because of the so-called, REGULARITY OF implemented at day time.
PERFORMANCE OF DUTY on the part of the
judge in issuing the said search warrant. He is Q: What if a search warrant was issued against X, the
armed with a search warrant issued by the judge place to be search is located at 123 valentiono St. They

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CRIMINAL LAW 2
police went there. The house was owned not by X, but by  Therefore they should be filed in
Y. So they look for the house of X, the house of X was 321 violation of Art. 129, violation of
valentino St. They presented a search warrant to X. X said, domicile, for exercising excessive
severity.
“you cannot conduct a search inside my house. The
2. Malicious mischief – for destroying the
address in the search warrant is 123 valentinost. and my furniture and appliances
address is 321 valentinost. Nevertheless, the officers 3. less serious physical injuries – for slapping
conducted the search and they found the illegal items the wife
inside the house. Are the police officers liable of violation of
domicile? Are the confiscated admissible evidence against  Are you going to file all 3 cases or is it absorbed and
the owner? must be file within the court?
A: The officers are liable for the violation of  Violation of domicile cannot absorb malicious
mischief nor less serious physical injuries.
domicile. When they conducted the said search,
 Although in reality, these two are merely the
on a house that has a different address from that manifestations of the excess in the
said search warrant, they exceeded their authority implementation of the said search warrant, they
in the said search warrant. The search warrant is cannot be absorbed, they cannot be complex.
so worded, expressly, as to the thing or place to Under Art. 129, he expressly prohibits such
be searched. The police officer cannot exercise absorption and such complexity of crimes
discretion. They have to follow what is stated in  Under Article 129, the liability for violation of
domicile shall be in addition to the liability
the search warrant. The moment they did not
attaching to the offender for commission of any
follow what is stated in the search warrant, then other crime. Therefore, if aside from violation of
they exceeded the authority. domicile, Another crime is committed by the
police officers, they had to be charged with all
 In that case, when there is variance between what these cases. Art. 129 prohibits the complexing
is stated in the search warrant and the actual facts of a crime. It also prohibits the absorption of
of the case to be searched, the have to go back to this crime, therefore all 3 cases must be filed
the judge that issued the said search warrant and against the said police officers.
they have to ask or move for the amendment of
the said search warrant.
ARTICLE130 – SEARCHING DOMICILE WITHOUT
Q: What if the third punishable act under Art. 129 WITNESSES
amounting to the violation of domicile, when the public  Prohibited act:
officer or employee exercised excessive severity in the I. By conducting a search in the absence of the
implementation of the said search warrant. owner of the house, or any member of his
family, or two witnesses residing in the same
locality
What if a search warrant is issued against X, the
police officers went to the house of X, upon reaching the
ILLUSTRATION:
house of X, they showed the warrant to X and he allowed
Q: What if under Article 130, violation of domicile is
them to enter. The search warrant said that they could
committed when the search was conducted in the absence
search for dangerous drugs, particularly, shabu. In
of the owner of the house, or any member of his family or
searching for shabu, they turned upside down and
two witnesses residing from the same locality.
deliberately destroyed each and every furniture and
A search warrant was issued against X and the
appliance inside the house of X. When the wife of X saw
police officers went to the house of X. They showed the
this, she told the police officers to stop, but she was
search warrant to X and they were allowed inside to
slapped twice. she then suffered less serious physical
conduct the search. In conducting the search, the search
injuries. In deliberately destroying the furniture and
was witnessed by 2 barangay tanods who came with them,
appliances of X, the public officers committed malicious
who arrived with them in the house of X. in the conduct of
mischief. In slapping the wife, they committed less serious
the search, they told the owner of the house, X, that his
physical injuries. What crime/crimes would you file against
wife and his two children to remain in the sala while they
the police officers?
conduct the search inside the bedroom of X. In conducting
A: You have to file 3 cases:
the search in the bedroom of X, the search was witnessed
1. Violation of domicile – because they
by 2 barangay tanods and they found 2 plastic sachets of
exercised excessive severity in the
implementation of the said search warrant. shabu underneath the pillow inside the bedroom of X. Are
They need not destroy the property. They the police officers liable of violation of domicile under
need not slap the wife. All of these are Article 130? Are the evidence seized admissible against
excess of the search warrant. the owner?

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CRIMINAL LAW 2
A: The police officers are liable of violation of has enjoined the power of the State to regulate these
domicile under Article 130. meetings through permits.
Article 130 provides for an hierarchy of witnesses
who must be present in the conduct of the search. Before any of these peaceful meetings for a lawful purpose
The law says it must witnessed by the owner of may be held in a public place, there must be a permit
the house, it is only in the absence of the owner of coming from the local authority of the place. The permit is
the house that it must be witnessed by any only to regulate the said meeting and not to prohibit it.
member of his family. It is only in the absence of Regulate as to the time, place and to the date, so that the
the owner of the house or any member of his public would not be in inconvenience.
family that there must be 2 witnesses residing
from the same locality. ARTICLE132 – INTERRUPTION OF RELIGIOUS
In the problem, the owner of the house was WORSHIP
there, the members of his family were there ELEMENTS:
but, they were not allowed to witness the said 1. This is committed by an offender who is again
search. Therefore, the said search was a public officer or employee.
conducted in violation of Article 130 and any 2. Then there is a religious ceremony or
evidence confiscated will be inadmissible manifestations of any religion are about to
against the owner of the house for being fruits take place or are going on.
of poisonous tree under the exclusionary rule in 3. That the offender prevents or disturbs the
Political Law said religious worship or religious ceremony.
 If the offender makes us of violence or threats in
GALVANTE VS. CASIMIRO committing the crime, such use of violence or
The Supreme Court says, threats would not constitute a separate and
“There is no such crime as illegal search. So, what distinct charge. Rather it is considered as an
is prohibited only the searching of the dwelling under Article aggravating or qualifying circumstance which
129. But, in case of search under vehicle or any other would mean an imposition of a higher penalty.
places, there is no such thing as illegal search. The remedy
is to file an action for damages, a civil action for damages.” ILLUSTRATION:
Q: So what if there is a barrio fiesta and the priest is about
ARTICLE131 – PROHIBITION, INTERRUPTION AND to celebrate the mass. Here comes X and he went to the
DISSOLUTION OF PEACEFUL MEETINGS priest and point the gun to the priest. Then the priest was
 This is committed by a public officer or employee about to celebrate the mass. At first the priest did not mind
who commits any of the following acts: him. But X intentionally pointed the gun to the head of the
I. By prohibiting or by interrupting, without priest and said, “I will kill you if you will celebrate the mass!”
legal ground, the holding of a peaceful
So the priest did not celebrate the mass and all the faithful
meeting, or by dissolving the same. (any
peaceful meeting) went out of the church. What crime if any is committed by
II. By hindering any person from joining any X?
lawful association or from attending any A: X is liable for interruption of religious
of its meetings. worship under Article 132. What about the fact
III. By prohibiting or hindering any person that he pointed a gun at the head of the priest?
from addressing, either alone or together Would it constitute a separate and distinct crime of
with others, any petition to the authorities
grave threats? It will not. The fact that threats
for the correction of abuses or redress of
grievances. were employed in the commission of the crime
would only mean the penalty will be imposed in its
 For the crime to arise, it is necessary that the meeting maximum period. It would be considered an
that was prevented, interrupted or dissolved must be a aggravating circumstance in committing the crime
peaceful meeting and it must be for any lawful of interruption of religious worship. BUT, IT WILL
purpose. If the meeting is not a peaceful meeting or if BRING ABOUT A SEPARATE AND DISTINCT
the meeting is not for lawful purpose, a public officer or CHARGE FOR GRAVE THREATS OR EVEN
employee has all the rights to prevent, interrupt or
UNDER LIGHT THREATS.
dissolve the said meeting.

This is in the exercise of the freedom of speech, ARTICLE133 – OFFENDING THE RELIGIOUS FEELINGS
freedom of expression and freedom of assembly. However, ELEMENTS:
these 3 freedoms are not absolute. The Supreme Court

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CRIMINAL LAW 2
1. Committed by a public officer or employee or worship, it is not necessary that
a private individual. there be a religious ceremony
 The first element provides for the ongoing. Because it can either be
offender. The offender may be a with or without a religious ceremony
public officer or employee or a for as long as the place is devoted
private individual. This is the only for religious worship.
crime under Title Two where the
offender can be a private individual. ILLUSTRATION:
From Article 124 to Article 132 under Q: So what if X (A private individual) entered a catholic
Title Two, the offender can ONLY be church after that the tabernacle was opened and he took
a public officer or employee. The out the chalice and inside the chalice was the host which
only exception is Article 133, was being received by Catholics during communion. He
offending the religious feelings poured the host in the floor then he destroyed them, spit on
wherein the offender can either be a them and stepped on them. Is he liable under Article 133?
public officer or employee or a A: YES. The act he performed is notoriously
private individual. The reason is, offensive to the feelings of the Catholics. If the
whoever may be the offender, a same act is done to the object of veneration of the
public officer or employee or a Buddhists or if the same act is done to the object
private individual, there will be the of veneration of the Muslims, they will also be
same offense made on the feelings offended. Therefore, it is notoriously offensive to
of the faithful. the feelings of the faithful because even if it is
applied to other religions they would be offended
2. The said offender performs acts (1) in a place too. And it was done in a place devoted to
devoted to religious worship, or (2) during the religious worship because it is done inside the
celebration of any religious ceremony. church even if no religious ceremony is ongoing.
 The second element requires that
the offender performs acts Q: What if inside the PICC there was this art exhibit
notoriously offensive to the feelings ongoing and one artist, this was a controversy before right?
of the faithful. Acts notoriously There was this picture of Jesus Christ and on the picture of
offensive to the feelings of the Jesus Christ he put a representation of a penis on his face.
faithful are those acts directed Is the said artist liable under Article 133 offending the
against their religious dogma, ritual, religious feelings?
faith of the religion, or mocks, A: NO. He cannot be liable for offending
ridicule, or scoffs of the said dogma, religious feelings under Article 133. Because
ritual, faith or he attempts to damage the PICC is not a place devoted for religious
the object of veneration of a certain worship and the art exhibit is not a celebration of a
religion. The law says “notoriously religious ceremony. Therefore, since the last
offensive”, according to Reyes, it element is not present even if it offends religious
means that it is offensive to all feelings, he cannot be held liable under Article
kinds of religion. If the same thing 133 for the absence of the 3rd element.
would be done to any religion they
will also be offended.
TITLE THREE
3. That the acts must be notoriously offensive to CRIMES AGAINST PUBLIC ORDER (Articles
the feelings of the faithful. 134 – 160)
 The third element requires that the
said acts notoriously offensive to the ARTICLE134 - REBELLION OR INSURRECTION
feelings of the faithful can be ELEMENTS:
committed only (1) in a place 1. That there must be (a) public uprising, and (b)
devoted to religious worship, or (2) taking arms against the Government
during the celebration of any 2. That the purpose of the uprising or movement
is either –
religious ceremony. The law uses
a. to remove from the allegiance to said
the word “or” therefore, if the act is Government or its laws:
done in a place devoted to religious (1) the territory of the Philippines or

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CRIMINAL LAW 2
any part thereof; or ARTICLE134-A – COUP D’ETAT
(2) any body of land, naval or other ELEMENTS:
armed forces; or 1. That the offender is a person or persons
b. to deprive the Chief Executive or belonging to the military or police or holding any
Congress, wholly or partially, of any their public office or employment;
powers or prerogatives. 2. That it is committed by means of a swift attack
 The essence or the gravamen of REBELLION is : accompanied by violence, intimidation, threat,
- The armed uprising against the Philippine strategy or stealth;
Government. So it is a public uprising with the taking 3. That the attack is directed against duly constituted
up of arms. AN ARMED PUBLIC UPRISING. authorities of the Republic of the Philippines, or
 In case of Rebellion, it can be committed by any any military camp or installation, communication
person, or with a participation of the public. networks, public utilities or other facilities needed
for the exercise and continued possession of
THE LEADERS - Any person who power;
(a) promotes 4. That the purpose of the attack is to seize or
(b) maintains or diminish state power.
(c) heads a rebellion or insurrection
 Committed by any person or persons belonging to the
military or police or holding any public office or
THE PARTICIPANTS – Any person who
employment, with or without civilian support, carried
(a) participates out singly or simultaneously anywhere in the
(b) executes the commands of others in rebellion or Philippines for the purpose of seizing or diminishing
insurrection state power.

 The essence of COUP D’ETAT is a swift attack


directed against the duly constituted authorities, with or
without civilians.

REBELLION COUP D’ETAT


Essence – an Armed public Essence – swift attack
Uprising against the against the duly constituted
Government authorities
Crime of the Masses, it It can be committed with or
involves a multitude of without the participation of
people the public because it says,
with or without civilian
support, provided it has
been committed by any
member of the military, the
police or those holding
public office or employment.
Purpose – Overthrow the Purpose – only to diminish
Government of the state power, to destabilize
Philippines and replace it the government, not entirely
with the Government of the to overthrow the
Rebels government.
Can only be committed by Can be committed not only
means of force and violence by means of force and
violence but also by means
of intimidation, threat,
strategy or stealth

THE LEADERS - Any person who


(a) leads
(b) directs or
(c) command others to undertake a coup d’etat

THE PARTICIPANTS – Any member of the Government


who
(a) participates

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CRIMINAL LAW 2
(b) executes the commands of others in undertaking a coup crime such as murder, if the commission
d’etat of the crimes was done in furtherance of
Rebellion. Therefore, it is necessary that
Any person who is not in the Government service who there must be evidence shown in what
way the said killing has promoted,
(a) Participates fostered the idea of the Rebels. Absent
(b) Supports any connection with the commission of
(c) Finances the common crime and the furtherance of
(d) abets or rebellion, the appropriate charge is only
(e) aids in the undertaking of a coup d’etat murder, homicide, arson or physical
injuries as the case maybe.
 What if common crimes are committed in the
course of Rebellion? A: In the case, the proper charged would be
 Common crimes committed in furtherance of, murder. There was no evidence showing in what
incident to or in connection with Rebellion are way the said NPA has promoted the ideas of the
considered as ABSORBED in the crime of Rebels in killing of the said police officer. Absent
Rebellion – known as the THEORY OF of that evidence, it would be a charge of murder
ABSORPTION IN REBELLION. and not rebellion.
Rebellion is a continuing crime. Therefore, these
THEORY OF ABSORPTION IN REBELLION
NPA who rebelled against the Government, to
 Whenever in the course of committing rebellion,
overthrow the Government, that one time uprising
murder, homicide, arson, physical injuries, other
common crimes are committed, and these is sufficient, they are already considered as rebels
common crimes are in furtherance to, incident to, because it is a continuing offense.
in connection with Rebellion is considered as
absorbed in the crime of Rebellion. Therefore, GONZALES v ABAYA
only one charge of Rebellion should be charged Senator Trillanes and company was charged with 2 crimes,
against the said offender.
coup d’etat in the RTC of Makati and the violation of
articles of war, particularly acts of unbecoming of an officer
ENRILE v SALAZAR
and a gentleman filed before the military court. While the
Senator Juan Ponce Enrile was charged with the Following
case was pending in the RTC of Makati, the lawyer filed a
crimes:
petition, a motion, saying that the violation of the articles of
1. charged with Rebellion
2. charged with multipleMurder war should be absorbed by the case filed before the RTC
3. Multiple frustrated murder of Makati. Can Coup d’etat absorb the violations of article
4. violation of PD 1829 – obstruction of Justice because of war?
he harbored or concealed then Colonel Gregorio  The Supreme Court ruled in the NEGATIVE.
Honasan.  According to the Supreme Court, for the theory
of absorption to apply, it is necessary that both
 What did the Supreme Court say? cases must be heard or may be heard before
 The Supreme Court said: the same civilian court.
“only one charge and it should be rebellion. The  In this case, the coup d’etat must be heard in a
violation of PD 1829, the multiple murder and civilian court, RTC of Makati, whereas the
multiple frustrated murder are absorbed in violations of the articles of war can be heard
only before a military court. Therefore, one
Rebellion under the theory of absorption in
cannot absorb the other.
Rebellion.”  Second reasoning given by the Supreme
The Supreme Court further said that although Court, for the theory to absorption to apply, it is
violation of PD 1829 is a violation of a special necessary that both crimes are punished by the
penal law, still if it is committed in furtherance of same penal statute
Rebellion, it can still be absorbed in the crime of  Third reasoning, violation of the articles of war
is sui generis. It is a kind of its own. Nothing
Rebellion.
compares to it. Therefore, it cannot be
absorbed by any other crime.
ILLUSTRATION:
Q: What if a police officer was on his way to the office, ARTICLE136 – CONSPIRACY AND PROPOSAL TO
suddenly here comes a member of the NPA, he saw the COMMIT COUP D’ETAT, REBELLION OR
police officer and shot him. What crime is committed? is it INSURRECTION
Rebellion or murder?  There is CONSPIRACY TO COMMIT
 Rebellion can only be absorbed common REBELLION when two or more persons come

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CRIMINAL LAW 2
into an agreement concerning the commission of  There is a public uprising again but no taking up of
rebellion (to rise publicly and take arms against arms but it is done tumultuously by means of
the Government to any of the purposes of force, intimidation or any other means outside the
rebellion) and decide to commit it. legal methods.
 There is PROPOSAL TO COMMIT REBELLION
when a person who decides to commit rebellion  Therefore, based on the objects of sedition, the
proposes its execution to another person it is purposes of sedition can either be political in nature or
necessary that the other person would not agree, social in nature.
if that person agree, then it is already conspiracy
to commit rebellion  The purpose of sedition is not to overthrow the
 Conspiracy is a bilateral act which involves two or government but to go against what the
more persons, whereas proposal is a unilateral act government wants to implement. To go against a
only one person decides to commit the crime and new law, an administrative order or public officer
he proposes its execution to another person. or employee.
 There is a conspiracy to commit coup d’etat the same  It is a disturbance, a commotion against the lawful
way of committing it. Also the proposal to commit coup command of the authority.
d’etat.  The rallies that you see everyday, the rallies
against a new law to be implemented, they are
ARTICLE138 – INCITING TO REBELLION OR considered as ordinary protest or rallies, but the
INSURRECTION moment they are carried outside of legal methods,
Inciting to Rebellion is a crime under the Revised Penal by means of force and violence, they will become
Code. to be a seditious act.
ELEMENTS:
 So, sedition is like any other rally, it only becomes
1. It is committed by any person who does not take
seditious because there is the public uprising, done
up arms or is not in open hostility with the
tumultuously, by means of force, violation or any other
Government
means outside of the legal method.
2. he incites others to uprise for any of the purposes
of rebellion (incite others to the execution of any of
the acts of rebellion) REBELLION SEDITION
3. by means of speeches, proclamations, writings, Both have a public uprising
emblems, banners or other representations Objective – Political in nature Objective – can either be
tending to the same end. To overthrow the Political or social in nature
 There is NO SUCH CRIME AS INCITING TO COUP Government and to replace
D’ETAT. the it with the Government of
the Rebels
SEDITION (ARTICLE 139)
ELEMENTS: ARTICLE141 – CONSPIRACY TO COMMIT SEDITION
1. That the offender rise (1) publicly, and (2)  There is a crime conspiracy to commit sedition but
tumultuously; not proposal to commit sedition. A proposal to
2. That they employ force, intimidation or other commit sedition is not a punishable act under the
means outside of legal methods; RPC.
3. That the offenders employ any of those means to
attain any of the following objectives: ARTICLE142 – INCITING TO SEDITION
a. To prevent the promulgation or execution ELEMENTS:
of any law or the holding of any popular 1. The offender is not a participant (does not take
election direct part) in the crime of sedition
b. To prevent the National Government, or 2. He incites others to uprise for any of the purposes
any provincial or municipal government, of sedition
or any public officer thereof from freely 3. By means of speeches, proclamations, writings,
exercising its or his functions, or prevents emblems, cartoon, banners, or other
the execution of any administrative order; representation tending to the same end.
c. To inflict any act of hate or revenge upon
the person or property of any public  Inciting to Rebellion or Inciting to Sedition can only
officer or employee; be committed by a person who is not a participant
d. To commit, for any political or social end, in the Rebellion or the Sedition, because if he is a
any act of hate or revenge against participant in the Rebellion or Sedition, the
private persons or any social class; and appropriate charge is Rebellion or Sedition as the
e. To despoil, for any political or social end, case may be. Not merely inciting to Rebellion or
any person, municipality or province or Sedition.
the National Government of all its
property or any part thereof  Inciting to Sedition is committed not only by

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CRIMINAL LAW 2
inciting others for any of the purposes of sedition. firearm is considered as a SPECIAL
Different acts of inciting to sedition: AGGRAVATING CIRCUMSTANCE.
I. Inciting others to the accomplishment of any
of the acts which constitute sedition by means ILLUSTRATION:
of speeches, proclamations, writings,
emblems, etc. Q: So if a son had an argument with his father, in the
II. Uttering seditious words or speeches which course of the argument with his father, the son killed the
tend to disturb the public peace father, the firearm was recovered. What crime or crimes
III. Writing, publishing or circulating scurrilous would you file against the son?
libels against the Government, or any of the A: The son is liable of the crime ofPARRICIDE,
duly constituted authorities thereof, which for having killed his own father. The use of
tend to disturb the public peace.
unlicensed firearm shall be considered as a
USE OF UNLICENSED FIREARM (PD 1866 as amended SPECIAL AGGRAVATING CIRCUMSTANCE.
by RA 8294 otherwise known as the laws on Because as held by the Supreme Court, the use
illegal/unlawful possession, manufacture, dealing in, of the word “murder” is in its generic sense,
acquisition or disposition of firearms, ammunition or therefore it includes any kind wherein the
explosives or instruments used in the manufacture of imposable penalty is RECLUSION PERPETUA
firearms, ammunition or explosives) TO DEATH such as Parricide.

See: People vs. Ladjaalam and Celino Sr. vs. People Under Section 1 of PD 1866 as amended, it also provided
 Under Section 1 – If the use of an unlicensed that a person can only be held liable of illegal possession of
firearm is in furtherance of, incident to, or in unlicensed firearm provided that no other crime was
connection with the crime of rebellion or sedition, committed by the person arrested. It is necessary that no
or attempted coup d’état, such use of unlicensed other crime was committed by the person arrested.
firearm shall be absorbed in the crime of rebellion,
sedition or attempted coup d’état. PEOPLE VS. LADJAALAM
The police officers armed with a warrant of arrest
 Therefore, the use of unlicensed firearm in case of went to the house of WalpanLadjaalam to effect
rebellion or sedition, or attempted coup d’état will the warrant of arrest. WalpanLadjaalam, upon
not bring about a separate or distinct charge. seeing the police officers, fired shots at the
There is only one crime that is rebellion or officers. Hence, he was charged with direct
sedition, or attempted coup d’état. The use of assault with multiple attempted homicide. Aside
unlicensed firearm is not even an aggravating from that, he was also charged with illegal
circumstance. It is absorbed in the crime of possession of unlicensed firearms. He was
rebellion or sedition, or attempted coup d’état. convicted of both crimes before the Regional Trial
Court. On appeal before the Supreme Court, SC
 Under the same Section 1 of PD 1866 as said the illegal possession of firearms case should
amended by RA 8294, if the use of an unlicensed be dismissed. He should be acquitted in the said
firearm is in the crime of homicide or murder, as case because he committed another crime, and
the case may be, the use of unlicensed firearm that is, DIRECT ASSAULT WITH MULTIPLE
shall be considered as an aggravating ATTEMPTED HOMICIDE.
circumstance. So in the law, it is an
AGGRAVATING CIRCUMSTANCE. What about in the case of CELINO, SR. VS. PEOPLE?
In this case, it was election time, there was a
 WHAT KIND OF AGGRAVATING COMELEC gun ban. A person was found in
CIRCUMSTANCE? possession of an unlicensed firearm. Arrested, he
 As decided by the Supreme Court in number was charged of 2 crimes: (1) violation of the
of cases, it is a SPECIAL AGGRAVATING COMELEC gun ban, and (2) illegal possession of
CIRCUMSTANCE which cannot be offset by unlicensed firearms. During the arraignment for
any mitigating circumstance. The Supreme the violation of the COMELEC gun ban, he
Court also held that the use of the word pleaded not guilty. However, during the
“homicide or murder” under Section 1 is in its arraignment for illegal possession of an
generic sense, therefore, whatever be the unlicensed firearm, he filed a motion to quash the
kind of killing for as long as the unlicensed information. According to him, he cannot be
firearm is used, such use of unlicensed charged of illegal possession of an unlicensed

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firearm because the law says that you can only be together with some police officers. They entered the
charged of illegal possession of an unlicensed session of and disturbed and prevented the said meeting
firearm provided that no other crime is committed by force. What crime, if any, was committed?
by the person arrested. He said here, he A: It is the violation of Article 143 – ACTS
committed violation of COMELEC gun ban, TENDING TO PREVENT THE MEETING OF
therefore, he can no longer be liable for violation CONGRESS AND SIMILAR BODIES.
of PD 1866 that is Illegal Possession of
Unlicensed Firearm. ARTICLE144 – DISTURBANCE OF PROCEEDINGS
 IS HIS CONTENTION CORRECT?  Punishes disturbance of proceedings
 His contention is wrong because according  In disturbance of proceedings, there is a meeting
to the Supreme Court, when the law says of Congress or of any of its committees or
“provided that no other crime is committed by subcommittees, constitutional commissions or
the person arrested”, the word “committed” committees or divisions thereof, or of any
means that there is already a final provincial board or city or municipal council or
determination of guilt – a final conviction of board
guilt based on a successful prosecution or a  The offender either disturbs any of such
judicial admission. Therefore, the word proceedings or he behaves while in the presence
“committed” means he has already been held of such proceedings in such a manner as to
guilty beyond reasonable doubt a final interrupt the proceedings or impair the respect
judgment. due it.
  So here, it is necessary that the offender, who
In the case of CELINO SR., he was not yet convicted. He was present in the meeting, either he disturbs the
was only being prosecuted. He was only being charged of said proceeding, or while being there, he
illegal possession of unlicensed firearm. Therefore, both performed an act which impair the respect due to
cases can proceed. He can be charged both of illegal them or which interrupted the said proceeding
possession of unlicensed firearms and violation of
COMELEC gun ban. However, the moment he is convicted ILLUSTRATION:
of violation of COMELEC gun ban, he should be acquitted Q: The FREEDOM OF INFORMATION BILLwas on the
of illegal possession of unlicensed firearm, because this committee level. It was votation time. On the right side of
time, the law says provided that no other crime is the said place or meeting, there were some observers or
committed by the person arrested. Therefore, a final people who were coming from the media. On the left side,
conviction is necessary before the illegal possession there were ordinary people who do not agree on the
of unlicensed firearm may be dismissed or he may be freedom of information bill. It was time to vote for the
acquitted of the same. So that is the relation of PD 1866 passage of Freedom of Information bill, the members of the
to sedition, rebellion and coup d’état. committee were voting when suddenly some members of
the media immediately pulled out a placard and shouted:
ARTICLE143 – ACTS TENDING TO PREVENT THE “YES TO FREEDOM TO INFORMATION BILL!”Are they
MEETING OF THE ASSEMBLY AND SIMILAR BODIES liable of any crime?
 Punishes acts preventing the meeting of Congress A: YES. They are liable of disturbance of
 The crime is committed if there is a projected or proceedings under Article 144. Because while
actual meeting of the Congress and the offender, in the presence of the said meeting, they behaved
by means of force or fraud, prevents such meeting in such a manner as to interrupt the proceedings,
 The offender here is any person: he may be a or impair the respect due it.
private individual, public officer or employee
 It is necessary that the offender prevents the ARTICLE145 – VIOLATION OF PARLIAMENTARY
meeting of the Congress or any of its committees, IMMUNITY
or constitutional committees or any provincial city  Punishes violation of parliamentary immunity
or municipal board.  There are TWO (2) ACTS PUNISHED IN
VIOLATION OF PARLIAMENTARY IMMUNITY:
ILLUSTRATION: 1. Penalty: Prision Mayor – committed
Q: So what if there is a meeting of the Sangguniang by any person who by means of
Panlungsod. It was being presided by the Vice Mayor as force, intimidation, fraud or threat, or
the presiding officer of the city council. During the session any other means and by said means,
of the SangguniangPanlungsod, here comes the mayor he tried to prevent any member of

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the Congress either from attending committer higher than prision mayor. It is
any meeting of the Congress or its punishable by reclusion perpetua. Therefore, had
committees or subcommittees, it not been dismissed by Congress and he
constitutional commissions or apparently appeared and the Congress is in
committees or divisions thereof , regular or special session, he could be arrested.
from expressing his opinions or
casting his vote Q: What if a Congressman is charged with the crime of libel
 can be committed by before the RTC. The RTC issued a warrant of arrest
anyone (private against the Congressman. The police officers armed with a
individual, public officer warrant of arrest went inside the walls of Congress and
or employee) they arrested the said Congressman. Are the police officers
liable under this Article?
2. Penalty: PrisionCorreccional – can A:YES, they are liable for violation of
only be committed by a public officer parliamentary immunity under the second.
or employee who shall, while the Because at the time the Congress is in its regular
Congress is in regular or special session and they arrested the said Congressman,
session, arrest or search any Libel under Article 355 is punishable only by
member thereof, except in case such Prision Correcional in its minimum and medium
member has committed a crime period, therefore it is below Prision Mayor, hence,
punishable under this Code by a the Congressman cannot be arrested while the
penalty higher than prision mayor. Congress is in its regular or special session.
 Offender should be
only a public officer or Q: What if Congressman A is charged with the crime of
employee and not any attempted homicide. The fiscal found probable cause, the
individual because any case was filed in court. The court agrees with the fiscal and
individual cannot make a warrant of arrest was issued against Congressman A.
a search or arrest a The warrant of arrest was issued by the judge on
member of the December 24, the police officers had possession of the
Congress said warrant of arrest on December 25, on Christmas Day.
 It is necessary that at While Congressman was inside his house, the police
the time of the arrest, officers arrived and arrested the said Congressman for
the member of having been charged of the crime of Attempted Homicide.
Congress, the The penalty for Attempted Homicide is Prision Correcional
Congress must be in because under Article 249, the penalty for Homicide is
its regular or special Reclusion Temporal and the attempted is two degrees
session. lower, one degree is Prision Mayor, two degrees lower is
 Likewise, it is Prision Correcional, therefore, the penalty to be imposed in
necessary that the said this Attempted Homicide is Prision Correcional. So the
member of Congress police officers armed with a warrant of arrest went inside
has committed a crime the house of the Congressman and arrested him on
which is not higher Christmas Day, December 25, are the police officers liable
than Prision Mayor. for violating parliamentary immunity under Article 145?
A:YES, they are liable for violation of
ILLUSTRATION: Parliamentary Immunity.Because during
Q: How about in the case of Panfilo Lacson? Christmas break or during Holy week break or any
A: The case against Sen. Lacson was fortunately other kind of break, Congress is still in its regular
dismissed by the Court of Appeals. But let us say, session. Because as stated in Political Law, in
it is not dismissed by the Court of Appeals, he was Constitution, when does Congress start? 4th
being charged of double murder – Dacer-Corbito Monday of July, that is when the President states
double murder slay. He went into hiding. Let us his SONA. When does Congress ends? 30 days
say that he made his appearance. Can he be before the start of Congress. Therefore, during
arrested even if the Congress is in regular or Christmas break or during Holy week break or any
special session? YES. Because the crime other break, the Congress is still in its regular
committed by him is punishable by a crime session. Any arrest of a member of Congress

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during this time, if the said member of Congress by armed persons, under the first mode. In here,
has not committed a crime where a penalty is when it says “armed persons”, it is not required that
higher than Prision Mayor, shall be punished as all those persons present in the meeting must be
violation parliamentary immunity under Article 145. with arms. It suffices that one, two or more, or some
of them would be with arms.
ARTICLE146 – ILLEGAL ASSEMBLY  When we say “arms,” it does not only mean firearms,
 There are 2 KINDS OF ILLEGAL ASSEMBLY: it refers to any things, knives, stones, anything which
I. Any meeting attended by armed persons for can cause violence or injury to another person.
the purpose of committing any of the crimes  It is necessary however, that the purpose of the
punishable under this Code meeting is unlawful – that is to commit any of the
ELEMENTS: crimes punishable under the RPC.
1. That there be a meeting, a  Under the second mode of committing illegal
gathering or group of assembly, again there is a meeting, and there is no
persons, whether in fixed requisite that those in attendance must be armed,
place or moving therefore, they may or may not be with arms. But it is
2. The meeting is attended by requires for the crime to arise that the audience
armed persons must be incited to commit treason, rebellion, or
3. The purpose of the meeting insurrection, sedition or assault upon a person in
is to9 commit any of the authority or his agents. Otherwise, the crime will not
crimes punishable under arise.
the Code  In case of illegal assembly, the organizers or leader
of the meeting will be criminally liable, as well as the
II. Any meeting in which the audience, whether persons merely present in the said meeting.
armed or not, is incited to the commission of  Under Article 146, first paragraph, last sentence –
the crime of treason, rebellion or insurrection, it is provided that persons who are merely present at
sedition or assault upon a person in authority the meeting shall be punished by Arresto Mayor,
or his agents unless they are armed, the penalty shall be Prision
ELEMENTS: Correcional, therefore, whether you are armed or
1. There is a meeting, a not, you can be held criminally liable for illegal
gathering or group of assembly, it will only differ in the penalty.
persons, whether in fixed o If you are armed - Prision Correcional
place or moving o Not armed - Arresto Mayor (lower)
2. The audience, whether
armed or not, is incited to ARTICLE147 – ILLEGAL ASSOCIATIONS
the commission of the WHAT ARE ILLEGAL ASSOCIATIONS?
crime of treason, rebellion, 1. Associations totally or partially organized for the
or insurrection, sedition or purpose of committing any of the crimes
direct assault punishable under the Code
 The said gathering of 2. Associations totally or partially organized for some
men or men, may or purpose contrary to public morals
may not be armed. It is  In case of illegal associations, it is necessary that
not required that they there be a formation of a group, not merely a
be armed. Provided meeting and in the said association, not only the
that the audience members of the association should be penalized, but
where incited to also the founders, directors and president of the said
commit treason, association or organization should be held criminally
rebellion, or liable.
insurrection, sedition or
assault upon a person ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
in authority or his the purpose will always be the purpose of the
agents) a violation under the RPC. association may be for
Even under the second purpose of committing crimes
 In case of illegal assembly, it is only necessary that mode – inciting to commit violating the RPC or even in
there be a meeting, the meeting must be attended treason, rebellion, or violation of special penal

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insurrection, sedition or laws, provided that it is in robbery all over Metro Manila. After their agreement here
assault upon a person in violation of special penal law, comes the police officers, the police officers arrested them.
authority or his agents it must be against public Of what crime or crimes may the police officer file against
morals them?
Necessary that there is an A:They should be charged of illegal assembly
Not necessary that there be
actual meeting or under the first act. They have the gathering of
an actual meeting
assembly men and their purpose is to commit a crime
Meeting and the Act of forming or organizing punishable under the RPC which is robbery and it
attendance at such and membership in the is attended by armed persons, even if only 10
meeting are the acts association are the acts were with arms, still it is considered as illegal
punished punished assembly. Because the law does not require a
number as to the persons who should be armed.
ILLUSTRATION: So, all of them should be held criminally liable.
Q: So what if A, B and C gathered 20 persons and A, B and C, as leaders or organizers of the said
proposed to them the idea of committing simultaneous meeting, are liable for illegal assembly. Those
bank robbery all over Metro Manila, so they will commit persons who are armed, the penalty is higher than
robbery in 4 banks simultaneously. So these 20 men those who are not armed. Prision Correcional – if
agreed to the said commission of bank robbery, and after they are armed
they have come to the agreement, here comes the police, Arresto Mayor – if they are not armed
the police got a tip from an informer, the police arrived and
they were all arrested. What crime or crimes if any should Q: What if A, B and C gathered 1000 men and women.
they be charged of? Their intention was to incite the people to uprise against the
A:They could not be charged of any crime. government to overthrow the present administration. These
There is no such thing as conspiracy to commit 1000 men and women arrived in the said designated place.
robbery. Because in robbery, robbery is only a These 1000 men and women were arranging the chairs
mode of committing the crime, it is not a crime by when suddenly here comes the police officers who got a tip
itself, unlike in case of treason, rebellion, there is about the said meeting. The police officers immediately
such a crime of conspiracy to commit treason, arrested A, B and C and the 1000 men and women. What
conspiracy to commit rebellion, and they are crime or crimes if any may these 1000 men and women be
punished by such acts. There is no such crime as charged of?
conspiracy to commit robbery. So here, A:They have not committed any crime. It
conspiracy is a mere preparatory act which is not cannot be under the first act of illegal assembly
yet punishable by law. For them to be punished, it because the said 1000 men and women were not
is necessary that they must at least perform an armed. It cannot be under the second act of illegal
overt act directly connected to bank robbery. So assembly, because for one to be liable under this
here, they just merely conspired to commit act, note that even if not all of them need not to be
robbery without the performance of any overt act armed, it is required that the audience must be
directly connected to robbery. Hence, they are not incited to commit treason, rebellion, or
criminally liable. What they did is only a insurrection, sedition or assault upon a person in
preparatory act not directly connected to robbery. authority or his agents. Here the intention of A, B
Q: Why not illegal assembly? and C is to incite them to commit rebellion, BUT
A: Because in the problem, it is not mentioned there was no statement in the problem that they
that the persons were armed. Also, the crime of were indeed incited to commit rebellion. In fact,
bank robbery is not among the crimes mentioned they were just arranging the chairs, the meeting
in the second act. was only about to begin. Therefore, they have not
Q: Why not illegal association? yet committed any crime.
A: Because what they did was only a mere
meeting, it was not an organization or association. Q: What if the jueteng lords of Southern Tagalog gathered,
- Therefore, they are not liable of any crime. they gathered in Batangas. So their purpose was to define
ways and means to propagate jueteng considering that the
LET US ADD FACTS TO THE PROBLEM. government would not want to legalize jueteng, their
Q: Let us say A, B, and C gathered 20 men – 10 were decision was define ways and means to propagate jueteng
armed and the other 10 were not armed. Again, they by using minors, those 15 years of age or below as
conspired and agreed to commit simultaneous bank kubrador in the case of jueteng, so that was the purpose of

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their meeting. In the said meeting, they elected their would- 5. To DESPOIL, for any political or
be president, vice president, treasurer, etc. So they formed social end, any person, municipality,
an organization, an association and they said that at the province, or the National
end of the month, they would meet and define ways and Government of all its property or any
means to propagate jueteng. The police officers arrived part thereof
and they were all arrested. But they are not with arms, it is NOTE: The law says that there is no
not mentioned that any of them were with arms. public uprising, therefore whenever there
A:The crime committed is illegal association is actual commission of rebellion or
under Article 147. It is an association totally and sedition, direct assault can never be
partially organized for some purpose contrary to committed because the element of direct
public morals. Jueteng is in violation of PD 1602, assault in whatever form is that there be
illegal gambling as amended and it is against no public uprising, on the other hand, a
public morals because it has not yet been necessary element in the crime of
legalized by law. sedition or rebellion is there be public
uprising.
ARTICLE148 – DIRECT ASSAULT
 The two forms in committing the crime of direct assault ELEMENTS:
under Article 148 are: 1. The offender employs force or
I. Without public uprising, by employing FORCE or intimidation
INTIMIDATION for the attainment of any of the 2. AIM of the offender is to attain any of the
purposes enumerated defining the crimes of purposes of the crime of rebellion or any
rebellion and sedition. of the objects of the crime of sedition
 The intention of the offender is to commit 3. There is no public uprising
any of the purposes of rebellion or sedition.
 PURPOSES OF REBELLION: II. Without public uprising, by ATTACKING, by
1. To remove from the allegiance to the EMPLOYING FORCE, or by SERIOUSLY
Government or its laws: INTIMIDATING or SERIOUSLY RESISTING any
(a) the territory of the person in authority or any of his agents, while in
Philippines or any part the performance of official duties, or on the
thereof; or occasion of such performance.
(b) any body of land, naval, or  Most popular form of direct assault
other armed forces; or ELEMENTS:
2. To deprive the Chief Executive or 1. The offender
Congress, wholly or partially, of any of a. Makes an attack,
their powers or prerogatives. b. Employs force,
 PURPOSES OF SEDITION: c. Makes a serious intimidation, or
1. To PREVENT the promulgation or d. Makes a serious resistance
execution of any law or the holding  If the offended party is a
of any popular election; person in authority, the
2. To PREVENT the National attack or the employment of
Government, or any provincial or force need not be serious
municipal government or any public because under Article 148, the
officer thereof from freely exercising mere act of laying of hands in
its or his functions, or PREVENT the the person in authority is
execution of any administrative already qualified direct assault.
order; Therefore, the mere act of
3. To INFLICT any act of hate or pushing a person in authority is
revenge upon the person or property already qualified direct assault
of any public officer or employee; because the offender already
4. To COMMIT, for any political or laid hands upon a person in
social end, any act of hate or authority. Hence, it need not be
revenge against private persons or serious. However, if the
any social class; offended party is a mere
agent of a person in

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authority, it is necessary that
the employment of force must 3. The third element provides that at the
be serious. The reason is that time of the assault, the person in
in order to show defiance of authority is engaged in the performance
law against a mere agent of of his official duties or the attack was on
person in authority, it is occasion of such performance of official
necessary that the attack or duty.
force employed must be  Direct assault can be
serious in nature. committed whether the
 If what has been done is public officer or employee.
intimidation or resistance, to  Direct assault can be
amount to direct assault, it committed whether the
must always be serious public officer or agent of a
whether the offended party is a person in authority is in the
person in authority or a mere engaged in the performance
agent of a person in authority. of his official duties or on
occasion of such
2. The second element requires that the performance.
assault is against a person in authority or  If a person in authority or his
an agent of a person in authority agent is engaged in the
 Who are these so-calledpersons in performance of his official
authority? (Art 152) duty at the time of the
1. Any person directly vested assault, regardless of the
with jurisdiction, whether as motive of the offender, direct
an individual or as a assault will always arise.
member of some court or
Whether there is a personal
government-owned and
controlled corporation, vendetta, whether it is a
board or commission public reason or whatever
2. A barangay captain and a reason, there is always
barangay chairman direct assault. There is
3. Teachers, professors, or defiance of authority
persons charged with the because the person in
supervision of public or duly
authority or his agent is
recognized private schools,
colleges or institutions actually engaged in the
4. Lawyers while engaged in performance of official duty
their professional duties or  But if the person in authority
while in the act of their or his agent is not engaged
professional duties in the performance of his
official duty at the time of the
 Who is an agent of a person in assault, motive on the part of
authority? (Art 152, par 2) offender becomes material.
 A person who, by direct You have to determine the
provision of law, by election motive on the part of the
or by appointment by offender. If the motive on the
competent authority, is part of the offender is a
charged with the personal vendetta, the crime
maintenance of public order committed is murder,
and the protection and homicide, serious physical
security of life and property injuries or less serious
(e.g. police officer, physical injuries, as the case
councilors). Likewise, it is may be. But if the motive is
stated that any person who by reason of the authorities’
comes to the aid of a person past performance of his
in authority is deemed an official duty, the crime
agent of person in authority.

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committed is still direct Whenever the crime of direct assault is committed, and
assault. there is a resulting felony (e.g. death, physical injuries), you
 The phrase “on occasion of always complex it.
such performance” means Under Article 48, you should always complex it because
that the said assault was by from a single act, two or more grave or less grave felonies
reason of the past had resulted. Under Article 48, Book I, you have to complex
performance of official duty. it. So it could be:
So “on occasion” means it is o Direct assault with Murder
by reason of the past o Direct assault with Homicide
performance of official duty. o Direct assault with Serious Physical
Injuries
4. The fourth element provides that the o Direct assault with Less Serious Physical
offender knows him to be a person in Injuries
authority or an agent of a person in
authority. So it is that the offender knows  But if the resulting felony is only SLIGHT
him to be a person in authority because PHYSICAL INJURIES, you cannot complex it. It is
otherwise, he cannot be said that he prohibited under Article 48 because:
defied the law, he defied the authority. In
the first place, he didn’t know that the 1. It is only a light felony. Under Article 48, you
person he is attacking is a person in can only complex two or more grave or less
authority or an agent of a person in grave felonies but not a light felony.
authority. 2. Slight physical injury or light felony is
already absorbed in direct assault because
5. The fifth element requires that there be whenever you assault somebody, definitely,
no public uprising. somehow, any injury would happen to him.
That is why it is already absorbed in direct
QUALIFIED DIRECT ASSAULT assault.
There are three circumstances which will qualify direct
assault: ILLUSTRATION:
1. When the assault is committed by means of a Q: What if the city mayor attended the flag ceremony. It
weapon; was a mandate. So there was this flag ceremony attended
 WEAPON - firearms, knives or any other by the city mayor. After the flag ceremony, the mayor went
items which will inflict injury. to the platform and was making an announcement to the
city hall employees. Suddenly here comes X. X went near
2. When the offender is a public officer or employee; the mayor and shot the mayor on the head. The mayor
 So when a public officer or employee attacks died. What crime is committed by X?
a person in authority, it is always qualified A: QUALIFIED DIRECT ASSAULT WITH
direct assault. MURDER. The city mayor was engaged in the
3. When the offender lays hands upon a person in performance of his official duty at the time of the
authority assault therefore it is direct assault. Because the
 Will only lie if the laying of hands is upon a city mayor was engaged in the performance of his
person in authority. official duty regardless of the motive of X, even if it
Any of these three circumstances will qualify direct assault. is by mayor’s past performance of official duty or
by reason of personal vendetta, regardless of the
NOTE: The first two qualifying circumstance affects both a
motive of X, the offender, since the mayor is
person in authority or agent of a person in authority.
engaged in the performance of his official duty, it
However, the third qualifying circumstance (laying hands
is direct assault.
upon a person in authority) will only lie if the offended party
Now, the mayor died. Therefore there is a
is a person in authority. Mere laying of hands to an agent of
resulting felony of murder because obviously there
person in authority is not qualified. It will only qualify if the
was treachery; therefore, it is direct assault with
laying of hands is upon a person in authority.
murder.
Now, the offender made use of a weapon, he
COMPLEX CRIME OF DIRECT ASSAULT:
made use of a pistol gun, a firearm which is a
qualifying circumstance, therefore, the crime

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committed is QUALIFIED DIRECT ASSAULT The court interpreter, the person nearest to the judge,
WITH MURDER. came to the aid of the judge. This angered the accused.
(EXAM TIP: the corresponding explanation must The accused got mad at the court interpreter and he boxed
be complete—what is the qualifying circumstance, the court interpreter as well. Thereafter the security guards
what is direct assault, what is a complex crime) arrived and took away the said accused. The judge
suffered serious physical injuries whereas the court
Q: What if the city mayor has just attended a Sunday mass. interpreter suffered slight physical injuries. What crime or
He and his wife and children were getting out of the church crimes is/are committed by the accused, first against the
when suddenly here comes X. X, onboard the motorcycle judge, and second against the court interpreter?
went straight to the city mayor and fired at the head of the A: As against the judge, the accused is liable
city mayor. The city mayor died. It was found that X was a of the crime of QUALIFIED DIRECT ASSAULT
former employee of the city hall, who was dismissed by the WITH SERIOUS PHYSICAL INJURIES. The
city mayor because he engaged in an anomalous judge is a person in authority under Article 152.
transaction. What crime is committed by X? He was engaged in the performance of his official
A:QUALIFIED DIRECT ASSAULT WITH duty at the time of the assault therefore the crime
MURDER.The city mayor was not engaged in the committed is direct assault. It has a resulting
performance of his official duty. Since the city felony, serious physical injuries; therefore it should
mayor was not engaged in the performance of his be direct assault with serious physical injuries.
official duty, he is a person in authority, you have The accused in boxing the judge, laid hands upon
to know the reason, the motive of the offender. a person in authority therefore it is QUALIFIED
The offender was a city hall employee who was DIRECT ASSAULT WITH SERIOUS PHYSICAL
dismissed by the city mayor, therefore the motive INJURIES.
was by reason of the past performance of the said
person in authority. So it is by reason of the past As against the court interpreter, the accused is
performance of his official duty, the attack, the liable of the crime of DIRECT ASSAULT. At the
firing was done on occasion of such performance time the court interpreter came to the aid of a
of official duty therefore the crime committed is person in authority, who was the victim of direct
direct assault. assault. Note under Article 152, any person who
The mayor died. Obviously there was treachery comes to the aid of a person in authority is
therefore it is direct assault with murder. deemed an agent of a person in authority
The offender made use of a firearm, which is a therefore, when the court interpreter came to the
qualifying circumstance in direct assault therefore aid of the said judge, who was a person in
it is QUALIFIED DIRECT ASSAULT WITH authority, he became an agent of a person in
MURDER. authority. And under Article 148, any attack on an
agent of a person in authority is direct assault.
Q: What if in the same problem, here comes X, the mayor Therefore the crime committed is direct assault.
was coming out of the church, X shot the city mayor. Now The said interpreter suffered slight physical injury.
X happened to be a former gardener who was dismissed You cannot complex it because it is only a light
from the service of the household because he performed a felony. Therefore it is only direct assault not
wrongful act while gardening. Therefore his reason was a complex. The said accused laid hands upon the
personal vendetta. What crime is committed by X? court interpreter, would you qualify it? No,
A: X committed a crime ofMURDER. Obviously, because he is mere agent of person in authority.
there was treachery on the part of X. Therefore the crime committed is only direct
It is not direct assault because the mayor was assault.
not engaged in the performance of his official duty
and the reason behind the assault was personal ARTICLE149 – INDIRECT ASSAULT
vendetta. Therefore it cannot be said that the  Indirect assault can be committed only when a direct
attack was on occasion of such performance of assault is also committed
official duty. ELEMENTS:
1. An AGENT of a person in authority is the victim
Q: What if the judge has just rendered judgment. After of any of the forms of direct assault defined in
rendering the judgment, after finding the accused guilty Article 148.
beyond reasonable doubt, the accused got mad. He 2. A person comes to the aid of such agent
jumped on the judge and he boxed the judge several times.

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3. Offender makes use of force or intimidation of a person in authority; as such, the crime
upon such person coming to the aid of the committed is INDIRECT ASSAULT. When the
agent. pedestrian came to the aid of the police officer,
force and intimidation were employed against him
Q: What if a police officer was manning the traffic and it so the crime committed by the owner of the
was a heavy traffic so the vehicles were stuck. What if one vehicle against the pedestrian is indirect assault.
of the owners of the vehicles got mad at the police officer  Are you going to complex it to the crime of
and he went straight to the police officer, who at the time slight physical injuries?
has no pistol, and boxed the police officer. While he was  No, because it is absorbed and it is
boxing a police officer a pedestrian saw the incident .the only a light felony.
pedestrian came to the aid of the police officer. This
angered the owner of the vehicle so he, too, boxed the said Under Article 149, INDIRECT ASSAULT is committed if a
pedestrian. The said pedestrian suffered slight physical person in authority or an agent of a person in authority
injuries while the police officer suffered less serious is the victim of direct assault. Any person who came to
physical injuries. What crime or crimes is/are committed by his aid and that person was employed with force or
the said owner of the vehicle against: intimidation by the offender.
a. The police officer  Why is it in the given problem, when the person under
b. The pedestrian? attacked is a person in authority and when someone
A: a. DIRECT ASSAULT WITH LESS SERIOUS came to his aid, and that someone was also attacked,
PHYSICAL INJURIES. The said owner of the the crime committed is direct assault against that
vehicle boxed the said police officer. The police someone. But when the victim of direct assault is a
officer is an agent of a person in authority under mere agent of a person in authority, and someone
Article 152 because he was charged with the came to his aid, and that someone was also attacked,
maintenance of public order. The police officer is the crime is indirect assault.
in the actual performance of his official duty at the  The reason is that the Congress
time of the assault therefore the crime committed amended Article 152 without
is direct assault. There is also a resulting felony correspondingly amending Article 149.
which is less serious physical injuries, a less grave  Based on the amendment made by
felony; therefore we have to complex it, direct Congress in Article 152, it is stated that
assault with less serious physical injuries. The any person who comes to the aid of a
offender laid hands upon the police officer, person in authority is deemed an agent
however, laying of hands will not qualify because of person in authority. And if an agent of
he is a mere agent of person in authority; a person in authority is attacked, such
therefore the crime committed against the police attack is under Article 148 which is direct
officer is direct assault with less serious physical assault and not indirect assault under
injuries. Article 149.
(NOTE: an MMDA officer is also an agent of a  But if the victim of the said direct assault
person in authority because he is charged with the is a mere agent of a person in authority,
maintenance of public order and the protection and someone who comes to his aid will
and security of life and property) not become an agent of a person in
authority; therefore when he is also
b. INDIRECT ASSAULT under Art 149. An agent attacked, it will only be indirect assault
of a person in authority was the victim of direct under Article 149.
assault. A person came to his aid who is the
pedestrian. When the pedestrian came to the aid  In statcon, when there are two provisions which
of this agent of person in authority, he did not are contrary, you reconcile. So to reconcile, Article
become an agent of a person in authority under 149 or indirect assault will only apply if the victim
Art 152 because under Art 152, a person would of direct assault is a mere agent of person in
only become an agent of a person in authority if authority and someone came to his aid, and that
he came to the aid of a person in authority. Here, someone was also employed with force and
the pedestrian merely came to the aid of an agent intimidation.
of a person in authority who is the police officer.
Therefore, when the pedestrian came to the aid of ARTICLE150 – DISOBEDIENCE TO SUMMONS ISSUED
the police officer, he did not become also an agent BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR

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SUBCOMMITTTES, BY THE CONSTITUTIONAL V. By inducing disobedience to a summons or
COMMISSIONS, ITS COMMITTEES, SUBCOMITTEES refusal to be sworn by any such body or
OR DIVISIONS official.
 Acts Punished:  NOTE that Congress where it be the
I. By refusing, without legal excuse, to obey House of Representatives or the Senate
summons issued by the Congress or any of has the power to issue summons
its extensions or any of its standing because they have the power to
committees or subcommittees, by the investigate that is inquiry in aid of
Constitutional Commissions, its committees, legislation. Whatever be the findings in
subcommittees or any other body which has the said investigating body, it will be used
the power to issue summons. in the making of a bill, a proposal. NOTE
 Under the first act, for the crime to arise, that they don’t have the power to file a
it is necessary that the offender’s refusal case so whatever be the product of their
to obey the summons is without any investigation, they will give it either to the
legal excuse. If there is a valid reason, a Ombudsman or to the DOJ. It is upto the
legal excuse, why the offender didn’t DOJ or to the Ombudsman to file a case
attend the said committee hearing of the because the purpose of the Senate or
congress or why he failed to comply the HOR is only inquiry in aid of
with the said summons or any of the legislation.
acts under Art. 150; the crime will not
arise. ILLUSTRATION:
Q: What if there is this committee hearing, an investigation
II. By refusing to be sworn or placed under about anomalous transactions entered into by a former
affirmation while being before such legislative officials of the DENR. While the said official received the
or constitutional body or official. summons, he failed to appear because he was at St.
 Under the second act the public official Lukes. He was confined because he was suffering from
or the person was required to appear in hypertension. Can he be held liable under Art. 150?
the said meeting and obey the A: He cannot be held liable because he has a
summons however, the moment he legal excuse to attend or to obey the summons
appeared in the said meeting, he issued by the Congress. The moment that there is
refused to be sworn to. He does not a legal excuse, the crime will not arise BUT if his
want to be sworn to and he refused to measure is without any legal excuse NOTE that
be placed under affirmation before such aside from violation of Art. 150, he can also be
legislative or constitutional body. Art. held liable or cited for contempt by the said
150 is still violated. committee of Congress and usually when cited for
contempt, he is placed in detention in the Senate
III. By refusing to answer any legal inquiry or to Blue Ribbon Committee.
produce any books, papers, documents, or
records in his possession, when required by Q: He obeyed the summons, he appeared, he allowed
them to do so in the exercise of their himself to be sworn in however, the moment that the
functions. Senators asked him questions, and he refused to answer
the questions. He said: I invoke my right against self-
IV. By refusing another from attending as a incrimination. When he was solely required to produce the
witness in such legislative or constitutional books which were confirmed to be in his possession; He
body. didn’t want to produce the said books because according to
 Under the fourth act punished, the said him, the production of these books would incriminate
offender did not fail to attend in the himself. Can he be held liable under Art. 150?
summons; he restrained another from A: He cannot. If the answer to any of the
attending as a witness. He prevented questions or if the conduction of the same will
another person in attending as a witness incriminate the person in the said crime; he has
in such legislative or constitutional body the right not to do so. Under the Constitution, No
hearing. person can be compelled to be a witness against
himself and asking him, requiring him, ordering
him to produce the books or to answer any

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questions which would incriminate himself is akin disobedience is committed when an agent of a
to making him a witness against himself and it is person in authority is engaged in the performance
unconstitutional. of official duty or gives a lawful order to the
offender, that the offender disobeys and such
ARTICLE151 – RESISTANCE AND DISOBEDIENCE TO disobedience is not of serious nature. In the
A PERSON IN AUTHORITY OR THE AGENTS OF SUCH problem, it was the police officer, an agent of a
PERSON person in authority, who gave the order to Mang
 Punishes two acts: Pedro and Mang Pedro disobeyed him but such
I. RESISTANCE AND SERIOUS DISOBEDIENCE disobedience was not serious in nature because
(PAR 1) he merely sat nearby the canal; therefore there
ELEMENTS: was no showing that such disobedience is serious
1. The person in authority or his agent in nature so the crime committed is simple
a. is engaged in the disobedience.
performance of official duty;
or Q: Is there direct assault with robbery? Let’s say that the
b. gives a lawful order to the city mayor was assaulted and thereafter he took the watch
offender of the mayor.
2. Offender resists or seriously disobey A: No, there is no such crime. The crime
such person in authority or his agent committed is not direct assault with robbery. It is
3. That such resistance or disobedience already robbery with any resulting felony, if there
will not amount to is one.
a. direct assault (Art 148),  What if the original motive was to assault the city
b. indirect assault (Art 149); or mayor?
c. disobedience to summons  If the original motive is to assault the city
issued by Congress mayor and not to commit robbery, but the
offender took the watch, there will be two
II. SIMPLE DISOBEDIENCE (PAR 2) crimes because the offender already
ELEMENTS: performed two acts.
1. An AGENT of a person in authority  If there are two separate and distinct crimes,
a. is engaged in the performance there shall be two information that will be filed
of official duty; or to the court. If it is a complex crime, only one
b. gives a lawful order to the information is filed before the court.
offender  If the intention is to rob, and in the occasion of
2. The offender disobeys such order of the said robbery, homicide, serious physical
the agent injuries, rape, intentional mutilation, arson
3. Such disobedience is not serious in was committed, the crime committed under
nature Article 294 is robbery with homicide, robbery
with intentional mutilation, robbery with rape,
ILLUSTRATION: robbery with arson or robbery with serious
Q: What if the mayor has a project, a cleaning act physical injuries.
operation in order to prevent dengue. So they were  If the original intention was to assault the city
cleaning up the canals. While the mayor was cleaning up mayor and thereafter he committed robbery,
the canals together with other city hall employees, here there will be two acts. Because his intention
comes Mang Pedro who had taken beer and was a little was to assault and thereafter he committed
tipsy. So the went there and was shouting and making the second act of taking away the personal
noise, disturbing the people who were busy cleaning up the property of the city mayor.
canals. And so the police officer cleaning told Mang Pedro  In case of DIRECT ASSAULT WITH MURDER
to go home because he was disturbing the cleaning up or HOMICIDE, it is considered a complex
operation. Mang Pedro, instead of going home, merely sat crime under Article 48 because based on the
nearby the canal being cleaned by the people. What crime, single act performed, two or more grave or
if any, did Mang Pedro commit? less grave offense was committed. Because
A: Mang Pedro committed SIMPLE with the single act of boxing, the offender
DISOBEDIENCE UNDER ARTICLE 151 par 2. committed direct assault and serious/less
Article 151, second paragraph, simple serious physical injuries.

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act of displaying placards or
ARTICLE152 – PERSONS IN AUTHORITHY AND emblems must be an unconscious
AGENTS OF PERSONS IN AUTHORITY outburst of emotion. It must not be
Q: Who are persons in authority? intentionally calculated to incite
A: The following are the persons in authority: people to rebel or to commit sedition
1. Municipal Mayors because otherwise, the crime would
2. Division Superintendent of schools be inciting to rebellion or inciting to
3. Public and private school teachers sedition.
4. Teacher-nurse
5. President of the sanitary division V. Burying with pomp the body of a person who
6. Provincial Fiscal has been legally executed.
7. Judges  When you say legally executed; it
8. Lawyers in actual performance of means that the said person has
duties committed a heinous crime. The
9. Sangguniang Bayan member penalty prescribed by law is death
10. Barangay Chairman and so he was killed by means of
lethal injection but at present
Q: Who is an agent of a person in authority? because of Republic Act No. 9346,
A: Those who are in charged with: we have no more death penalty.
 The maintenance of public order; and Death Penalty is prohibited to be
 The protection and security of life and imposed.
property
 But in burying with pomp the body of
ARTICLE153 – TUMULTS AND OTHER DISTURBANCES the person who has been legally
 Acts punished: executed; the said person must be
I. Causing any serious disturbances in a public legally executed because the said
place, office or establishment; person has committed a heinous
 For the said disturbance to be crime yet when he was buried he
considered as a violation of Art 153; was buried with such extravagance
it is necessary that the said offender as if as he is a hero, as if as the
deliberately intended to disturb the government has committed a crime
said meeting or public place. It was a in legally executing him therefore it
planned intentional act. causes sympathy arising on the part
of the people hence, it was a
II. Interrupting or disturbing performances, disturbance of public order.
functions or gatherings, or peaceful meetings,
if the act is not included in Arts. 131 and 132;  If any of these prohibited acts
 NOTE that there is a qualification constituting violation of Art 153 is
made by law provided that the said committed by more than 3 persons
interruption or disturbance of public who are provided with arms or any
gatherings, functions and peaceful means of violence it is said to be
meetings must not fall as a violation tumultuous therefore there must be
under Art 131 or Art 132. at least four persons who are armed
or provided with means of violence
III. Making any outcry tending to incite rebellion for it to be considered as tumultuous.
or sedition in any meeting, association or
public place. SO WHERE LIES THE DIFFERENCE BETWEEN ART
153 AND ART 131 OR 132?
IV. Displaying placards or emblems which  Article 153 punishes TUMULTS ANS OTHER
provoke a disturbance of public order in such DISTURBANCES OF PUBLIC ORDER, Article 131
place; punishes PROHIBITION, INTERRUPTION AND
 Whether this making of an outcry or DISSOLUTION OF PEACEFUL MEETINGS, Article
the displaying of placards or 132 punishes INTERRUPTING OF RELIGIOUS
emblems, it is necessary that such FEELINGS

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said person prevented him in exercising such
 Articles 131 and 132 can only be committed by a freedom of Speech and expression therefore the
Public Officer. It cannot be committed by a private Police Officer is liable under Art 131 and not under
individual whereas under Art 153, it can be Art 153.
committed both by a Public Officer and a private
individual. For him to be liable under Art 153, let’s say that he
is a public officer, he is a participant in the said
 What if the offender is a public officer and he disturbs meeting and while participating in the said
a peaceful meeting. How would you distinguish if it is a meeting, he interrupted the said meeting in order
violation of Art 153 or a violation of Art 131? for him to cause a disturbance of the said
meeting. The crime is Art 153.
 First, In Art 131, the public officer must not be a
participant in the meeting that he disturb or Q: There was this peaceful gathering, let’s say a public
interrupted. He must be an outsider, a stranger in meeting, a peaceful meeting about the increase of fares of
the said meeting. On the other hand, in Art 153, the MRT and the LRT. One of the participants therein, one
the said Public Officer must be a participant, one of the persons therein went to the platform and took the mic
in attendance in the said meeting. and then he incite the people, induced the people to go to
the streets, uprise, rebel against the government, to
Second, in Art 131, the mere intention of the overthrow the government. What crime was committed?
public officer is to prevent a person from freely A:The crime committed was inciting to
exercising his freedom of speech and expression rebellion.
whereas in Art 153, the intention of the offender is
to disturb public peace and tranquility. Q: What if, he was among the participants. The head of the
meeting, the Public Officer was discussing about the
ILLUSTRATION: increase of fares of the MRT and LRT. This person could
Q: What if since RH Bill was enacted into law, there was a no longer control his emotions. Suddenly he stood up and
huge rally at the EDSA Shrine which was initiated by the he said: “buwisitnagobyernonaitonaiinisnako.
members of the CBCP. They were against this law and Dapatnatayong mag
they encouraged the people to file a case before the rebeldesagobyernowalangginawakundi increase ng taxes”.
Supreme Court questioning the constitutionality of the said They go and rebel against the government. What crime
law. At first, the head of the CBCP spoke then after him was committed?
another person, a private individual spoke, the head of the A:Tumults and other disturbances of public
organization spoke and he kept on attacking and attacking order. It is just an unconscious outburst of
the President. He said that the President bribed the emotions not an intentionally calculated to incite
members of the Congress in order to pass this bill so he people to rebel against the government.
kept on attacking and attacking the President. One of the
police officers, who was assigned to maintain the peace ARTICLE154 – UNLAWFUL USE OF MEANS OF
and order in the place, heard the attacks against the PUBLICATION AND UNLAWFUL UTTERANCESActs
President. This Police Officer was indebted to the President punished:
he owed his position to the President. He went straight to I. By publishing or causing to be published by
the person talking against the President and told him to means of printing lithography or any other
stop. When he didn’t stop, the Police Officer fired shots in means of publication, as news any false news
the air and the people scampered away and the peaceful which may endanger the public order, or
meeting/gathering was dissolved/ interrupted. What crime cause damage to the interest or credit of the
was committed by the Police Officer? State.
A: The crime committed by the Police Officer II. By encouraging disobedience to the law or to
is not Art 153 but Art 131.Because the the constituted authorities or by praising,
distinctions lie in this case. First, the said Public justifying ot extolling any act punished by law,
Officer, a Police Officer is not a participant in the by the same means or by words, utterances
said meeting. He is a stranger, an outsider in the or speeches.
said meeting. Second, his only purpose is to III. By maliciously publishing or causing to be
prevent the said person in freely exercising his published any official resolution or document
freedom of speech and expression, it is his right to without proper authority, or before they have
express his anger against the President yet the been published officially.

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 NOTE that in the third act there is published it despite knowing that it was false
the word Malicious. The offender news. Art 154 is violated.
must maliciously publish or cause to
be published any official resolution. If Q: What if members of the CBCP, they are against the RH
the publication of the official Law. They made leaflets, pamphlets and distributed it to all
resolution without official authority or persons in the church, in market.. Therein is stated:
the publication was not done Anyone who would obey or comply with the RH Bill which is
maliciously, there was no intent to a Catholic will be ex-communicated. Can they be held
cause damage, it was not done liable of Art 154?
maliciously. Art 154 is not violated. It A:Yes because they encouraged disobedience
is necessary that the said publication to the law. It has been enacted into law and by
must be done maliciously under the encouraging the people that they would be ex-
third act. communicated if you will obey it, then you can be
IV. By printing, publishing or distributing (or held liable for unlawful use of means of
causing the same) books, pamphlets, publication.
periodicals, or leaflets which do not bear the
real printer’s name or which are classified as ARTICLE155 – ALARMS AND SCANDALS
anonymous.  Acts punished:
 It is necessary that any publication I. Discharging any firearm, rocket, firecracker,
has contained the real printer’s or other explosives within any town or public
name. It must have been place calculated to cause (which produces)
anonymous. The publisher, the alarm or danger.
printer, the author, must be stated II. Instigating or taking an active part in any
even at the bottom. charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility.
Q: What if the Philippine Daily Inquirer has as its headline:  Charivari includes a medley of
“KC Concepcion said..PioloPascual is gay.” So that is the discordant voices, a mock serenade
headline of the Philippine Daily Inquirer. It was posted. KC of discordant noises made on
never categorically stated that Piolo is gay, she only kettles, tins, horns, etc. designed to
impliedly stated it but she never categorically stated it. So annoy and insult.
the Daily Inquirer published a false news and PioloPascual III. Disturbing the public peace while wandering
filed a case in violation of Art 154 against the Philippine about at night or while engaged in any other
Daily Inquirer. The Philippine Daily Inquirer knew that it is a nocturnal amusement.
false news yet they still published it as news. IV. Causing any disturbance or scandal in public
A: Art. 154 is not violated because whether or places while intoxicated or otherwise,
notPiolo is gay it will not endanger public order. It provided Art 153 is not applicable
will not cause damage to the credit or interest of
the state. ILLUSTRATION:
Q: In a public park, there were so many people here comes
Q: What if the headline of the Philippine Daily Inquirer said: X. X went in the middle of the park and fired shots in the
“Tomorrow, Megamall will be bombed from a very reliable air. The people were so afraid they scampered away. What
source.” That was the headline of the Philippine Daily crime is committed?
Inquirer. The Philippine Daily Inquirer later on learned that A: Alarms and Scandals under Art 155. His act
it was false nevertheless; since it was already there they can cause damage to public peace and tranquility.
still published it and distributed it. Can they be held liable
under Art 154? Q: What if in the same problem, in a public park, there
A: Yes because the said news will endanger were so many people and here comes X. X saw his enemy
public order. It can cause damage to the credit or Y. He took out his firearm, aiming his firearm at Y without
interest of the state. Imagine Megamall will be any intent to kill because he knew Y would not be killed and
bomb, no person will go to the said place, tourists he discharged the firearm. What crime is committed?
will not go to the said place therefore it will A: The crime committed is illegal discharged
endanger public order and can cause damage to of firearms under Art. 1254.
the interest of the state when the said newspaper

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Q: What if in the same public place, X saw his enemy Y. He
pulled out his firearm with intent to kill, he aimed his firearm Q: Let’s say a person was intoxicated. He was drunk. He
at Y, discharged the firearm but Y was not killed. What was on his way home. He was singing at the top of his
crime was committed? voice. Is he liable for alarms and scandals?
A: Attempted murder or Homicide as the case A: No because it is normal to sing at the top of his
may be. voice.
 In case of alarms and scandals, the only
intention of the offender is to cause Q: What if he saw this lead pipe (tubo) and upon seeing
damage to public peace and tranquility this lead pipe, he would bang all the gates that he would
that is to cause alarm and danger. That is pass by. Is he liable for alarms and scandals?
his intention. A: Yes because his acts caused damage to public
peace and tranquility.
 In Illegal Discharge of Firearms under Art
1254 his intention is to threaten the said ARTICLE156 – DELIVERING PRISONERS FROM JAIL
person or any other persons. He aimed ELEMENTS:
the firearm and discharges the firearm 1. That there is a person confined in a jail or penal
pointing at a particular person absent: establishment.
intent to kill. There was no intent to kill, it 2. That the offender removes therefrom such
is illegal discharge of firearm. persons, or helps the escape of such person.
But given in the same problem, he knows
his enemy, pointed the firearm at his  The PENALTY for the crime is QUALIFIED if violence
enemy but with intent to kill. He or intimidation has been used in the commission of the
discharged the firearm but his enemy crime also if bribery is used in delivering prisoners from
was not killed. It is attempted homicide or jail.
murder as the case may be. Since there
is an intent to kill on the part of the  Who is the offender?
offender even if the victim was not killed  The offender is any person. He can be a private
it is still in the attempted stage. individual or a public officer or employee provided
that he is not the custodian of the said prisoner
Q: What if in the same problem, it was in a public place, X because if the offender who helped in the escape
went to the said place, he saw his enemy Y. He went near of the prisoner from jail is the custodian of the said
Y, took out his gun and poked the gun at Y but did not prisoner, the crime is under Art 223 Infidelity in the
discharge the said gun. What crime is committed? custody of prisoners because the element of
A:The crime committed is other light threats. breach of trust and confidence reposed on him by
NOTE that under other light threats the offender the government.
merely poked the firearm at the victim without
discharging or firing the firearm. If the firearm has
been discharged, 3 crimes may be committed  Who is the prisoner being referred to in delivering
depending on the intent. It can be alarms and persons from jail?
scandals, illegal discharge of firearms or  He can be a detention prisoner or a prisoner
attempted homicide or murder as the case may convicted by final judgment for as long as he is in
be. a jail or penal institution.
 A detention prisoner is a prisoner who is
Q: You have a neighbor, it was his birthday. They rented a behind bars but the case against him is
videoke and kept on singing along till 12mn. The guests ongoing either because the crime he
already left, the birthday celebrant was the only one left, it’s committed is a non-bailable offense and
already 1:30am and he’s still singing at the top of his voice evidence of guilt is strong or the crime he
with the use of the mic. His neighbors cannot sleep committed is a bailable offense but he does
because of his ugly voice. Everyone in the neighborhood not have the enough funds to put up the
could hear him and cannot sleep. Can he be held liable required bail.
under Art 155 alarms and scandals?
A: Yes. He can be held liable under alarms and The prisoners at the provincial jail, city jail,
scandals because his only intention that night is to municipal jail, they are merely detention
cause a disturbance of public peace and order. prisoners. They are not yet convicts. They are

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only accused, suspects therefore they are be qualified because he gave bribe money
presumed innocent unless and until proven inorder to help in the escape of his friend. He
that they’re guilty of the crime charged. They will not be liable for another crime of
are merely detention prisoners. corruption of public official because the giving
of bribe is considered clearly as a qualifying
 On the other hand, a prisoner that is or as an aggravating circumstance in
convicted by final judgment is one who has delivering prisoners from jail.
been convicted by the lower court and who
did not appeal his conviction within the period  The jail warden custodian who received the
to perfect an appeal then the judgment bribed money and allowed A’s escape is
becomes final and executory. He has to serve liable under Art 223 infidelity in the
the sentence. Or he has been convicted then custody of prisoners. Aside from that, he is
he appealed to the higher court within the also liable for direct bribery because in
period to perfect an appeal and the said case of infidelity in the custody of prisoners,
higher court affirmed the said conviction. The the giving and receiving of bribe is not a
conviction will now become final and qualifying or aggravating circumstance
executory so he is now a prisoner convicted therefore the jail warden custodian will be
by final judgment. Generally, they are those liable for 2 crimes; Infidelity in the custody of
who are serving sentence in Muntinlupa. prisoners and direct bribery for having
received the bribed money in the amount of
ILLUSTRATION: P500,000.00.
Q: Let’s say A is a prisoner convicted by final judgment. He
is serving his sentence in Muntinlupa. B his friend visited  The guard at the entrance gate of the penal
him. B was a rich man. He planned A’s escape on his institution will be liable for delivering
birthday. He did this by talking to the jail warden custodian. prisoners from jail. He is not the custodian
B the friend gave the jail warden custodian P500,000.00. and he helped in the escape/removal of the
He gave bribe to the jail warden custodian to allow A his prisoner from jail. Therefore, he is liable for
friend to escape at that night. He also went to the guard at delivering prisoners from jail. The fact that he
the entrance gate of the New Bilibid Prison and gave the received bribed money will not make him
guard P100,000.00, also to allow his friend to leave at that liable of direct bribery because in delivering
night. That night, A escaped and left the penal institution. prisoners from jail, it is only a qualifying
He went to the house of another friend who harbored him circumstance which will only increase the
and concealed him despite the fact that he was an escapee imposable penalty.
from a penal institution. What are the crimes committed by
A (the prisoner), B (the friend), jail warden custodian, the  The friend who harbored and concealed him
guard of the penal institution, and the friend who harbored will be liable under PD 1829 that is
him? obstruction of justice. It is committed by any
A: A is liable of evasion of service of sentence person who willfully or deliberately obstructs
under Art 157. He is a prisoner convicted by final or impedes the investigation or the
judgment therefore he is liable for evasion of apprehension of a criminal.
service of sentence.  Why not an accessory?
o Because I did not mention in the problem
Q: What if he is not serving his sentence in Muntinlupa. the crime committed by the prisoner. For
Let’s say he is just a detention prisoner. Can he be held an accessory to the crime, it is necessary
liable for evasion of service of sentence? that the crime committed by the prisoner
A: No. Evasion of service of sentence can only be must be treason, parricide, murder,
committed by a prisoner convicted by final judgment. attempt to take the life of the chief
 In the given problem, A is convicted by final executive or is known to be habitually
judgment therefore A is liable for evasion of guilty of some other crime. I did not
service of sentence under Art 157. mention the crime committed by the
prisoner. Therefore his liability is under
 B the friend is liable under Art 156 PD 1829 Obstruction of Justice.
Delivering prisoners from jail qualified by
the giving of bribe therefore his penalty will

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ARTICLE157 – EVASION OF SERVICE OF SENTENCE of the court. The moment he enters the
(Art 157) said place, he commits evasion of
ELEMENTS: service of sentence.
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in ARTICLE158 – EVASION OF SERVICE OF SENTENCE
deprivation of liberty. ON THE OCCASION OF DISORDERS,
3. That he evades the service of his sentence by CONFLAGRATIONS, EARTHQUAKES, OR OTHER
escaping during the term of his sentence. CALAMITIES (ART 158)
ELEMENTS:
 Evasion of service of sentence can only be committed 1. That the offender is a convict by final judgment
by a person convicted by final judgment. It cannot be who is confined in a penal institution.
committed by a mere detention prisoner. 2. That there is a disorder resulting from ----
 a. Conflagration
PENALTY IS QUALIFIED if such evasion or escape takes b. Earthquake
place: c. Explosion
1. By means of unlawful entry d. Similar catastrophe
2. By breaking doors, windows, gates, walls, roofs or e. Mutiny in which he has not participated
floors; 3. That the offender evades the service of his
3. By using picklocks, false keys, disguise, deceit, sentence by leaving the penal institution where he
violence or intimidation; or is confined, on the occasion of such disorder or
4. Through connivance with other convicts or during the mutiny.
employees of the penal institution. 4. That the offender fails to give himself up to the
authorities within 48 hours following the issuance
ILLUSTRATION: of a proclamation by the Chief Executive
Q: You often read in the newspapers, heard over the announcing the passing away of such calamity.
radios, watch on TV, 5 prisoners escaped from the
Caloocan city jail, 10 prisoners escaped from Palawan  It is required under Art 158 that the prisoner is serving
Provincial Jail. Did they commit evasion of service of his sentence in a penal institution.
sentence?  In this kind of evasion of service of sentence under Art
A: No. These persons did not commit evasion of 158, the crime will arise not upon the act of leaving the
service of sentence under art 157 because they penal institution but upon the convict’s failure to
are merely detention prisoners. For evasion of return/to give himself to the proper authorities within 48
sentence to arise, the prisoner who has escaped hours. That is only when the crime will arise.
must be a prisoner convicted by final judgment.
Under Art 157, the said prisoner the said prisoner ILLUSTRATION:
must be serving which involves deprivation of Q: What if there was this earthquake, X was a prisoner
liberty and he escapes during the service of his convicted by final judgment. Everything was shaking and
sentence by evading the service of sentence. because of the earthquake, X escaped the penal institution.
The law says, it is a prisoner serving his sentence He went to the house of his mother. That night while
which involves deprivation of liberty. It is watching the television, he saw the president
necessary that the sentence imposed on him must announced/declared that the calamity had already
involve deprivation of liberty either it is behind ceased/passed away. Within 48hrs he returned. What is
bars or he has been convicted of a crime wherein the effect on his criminal liability?
the penalty is destierro. Even if the penalty A:If the said convict escaped and returned to
prescribed is destierro, the moment he enters the the proper authorities within 48hrs; there shall
place wherein he is prohibited from entering in the be a credit or a deduction from his sentence.
judgment of the court, he also committed evasion There is 1/5 deduction/credit from his sentence.
of service of sentence. Under Art 98 this is special time allowance for
 Destierro under Art 27; Destierro is also a loyalty. He was too loyal to the government that
penalty which involves deprivation of even if he already left the penal institution he still
liberty although partial not complete returned; such kind of loyalty must be rewarded.
deprivation of liberty because the
offender or the convict is not allowed to Q: What if 48hrs had lapsed, still he did not return. What is
enter a place designated in the judgment the effect of his criminal liability?

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A:There will be an additional penalty imposed  Is violation of conditional pardon a substantive
on him. 1/5 on the basis of the remainder of his offense or not?
sentence but note that it shall not exceed six  It depends. If you will look at Art 159, there
months. are 2 situations. Under Art 159, if the penalty
remitted by the grant of pardon does not
Q: There was this earthquake, everything was shaking. He exceed 6yrs, the moment he violates any of
just hid under the table. He did not leave the penal the conditional pardon, there is a new penalty
institution. He was so loyal to the government that he did imposed upon him that is prisioncorreccional
not even think to leave. Will he be given credit? minimum 6 months and 1 day to 2 years and
A:No. Under Art 158 there is no credit to be 4 months. A new penalty is imposed on him
given to him. Under Art 98, there is no special therefore in this case, violation of the
time allowance of loyalty for just hiding under the conditional pardon is a substantive offense
table and not leaving the penal institution. because a new penalty is imposed on him.
BUT on the second part of Art 159, if the
Q: Why those who are loyal to the government and did not penalty remitted is more than 6 years; no new
leave the penal institution be not given credit? Isn’t it penalty is imposed on him for having violated
unfair? the terms of the pardon. He is only required to
A: The reason is that prisoners are considered as serve the remainder of the sentence. In this
accountabilities of the government. It is the duty of case, violation of the conditional pardon is not
the government to protect the prisoners. In times a substantive offense because there is no
of calamities or public disorders, the state cannot new penalty imposed for the commission of
protect these prisoners therefore the State the crime.
encourages them to leave inorder to protect
themselves. But important thing is that they show ARTICLE160 – COMMISSION OF ANOTHER CRIME
their loyalty to the government hence they will DURING SERVICE OF PENALTY IMPOSED FOR
return. ANOTHER PREVIOUS OFFENSE
ELEMENTS:
ARTICLE159 – EVASION OF SERVICE OF SENTENCE 1. The offender was already convicted by final
BY VIOLATION OF CONDITIONAL PARDON judgment of one offense.
ELEMENTS: 2. He committed a new felony before beginning to
1. The offender was a convict serve such sentence or while serving the same.
2. He was granted a conditional pardon by the Chief
Executive  Who is a quasi-recidivist?
3. He violated any of the conditions of such pardon  A quasi-recidivist is any person who shall commit
a felony after having been convicted by final
TWO KINDS OF PARDON: judgment before serving his sentence or while
1. Absolute Pardon which totally extinguishes the serving his sentence.
criminal liability
2. Conditional Pardon which partially extinguishes  Under Art 160 it is stated that the maximum penalty
criminal liability. prescribed by law shall be imposed therefore it is a
 Conditional Pardon is said to only partially special aggravating circumstance.
extinguishes criminal liability because the said  Art 160 is a misplaced article because book 2 is
pardon is subject to strict terms and about felonies and art 160 is a special aggravating
conditions. Therefore, there must be an circumstance.
acceptance in the part of the prisoner granted
pardon. The moment he accepts the TITLE FOUR
conditional pardon, it means it is incumbent CRIMES AGAINST PUBLIC INTEREST (Articles 161 –
upon him to comply to all of the strict 189)
conditions. The moment he violate any of the
terms and conditions he commits evasion of ARTICLE161 – COUNTERFEITING THE GREAT SEAL
service of sentence because it shows that he OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS,
just accepted the conditional pardon so as to FORGING THE SIGNATURE OR STAMP OF THE CHIEF
free himself from taking place behind bars. EXECUTIVE
 Acts punished:

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I. Forging the Great Seal of the Government of the a genuine and authentic coin making it
Philippines. appear that it is a true, genuine, and authentic
II. Forging the signature of the President. coin. The offender copies the peculiar design
III. Forging the stamp of the President. of the coin and makes a spurious one out of
it.
 Art 161 punishes the person who forges the great seal
of the Philippines, signature of the chief executive and B. Importing false coins is committed by
forging the stamp of the chief executive. any person who shall bring into the Philippine
ports any false and counterfeited coins. It is
 Art 161 is the crime when the person is the one who not necessary for the offender to be liable that
committed the forgery, but if the offender is not the one he shall circulate the false coins because
who forges the great seal, signature but he knows that there is a third act of uttering false coins.
the document contain a forge stamp, signature of the
President and despite such knowledge that it was a C. Uttering false coins is committed by any
forgery he makes use of the same, liability is under person who shall circulate, give away to
162. another, pass from one person to another any
counterfeited or false coins.
ARTICLE162 – USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP (Art 162)  In case of counterfeited or imitated false coins, it is not
ELEMENTS: necessary that the coins be the subject of
1. That the Great Seal of the Republic was counterfeiting must be of legal tender. Even if the coin
counterfeited or the signature or stamp of the is not a gold coin, if the offender copies or imitates or
Chief Executive was forged by another person. counterfeits the peculiar design of the said coin; he
2. That the offender knew of the counterfeiting or becomes liable under Art 163.
forgery.
3. That he used the counterfeit seal or forged
signature or stamp. ILLUSTRATION:
Q: A is in possession of a coin which was of legal tender
 Art 162 punishes the person who, despite knowledge during the time of Marcos in 1972. It was a proven genuine
of the forged signature, stamp or great seal of the coin. He copied the said coin and made a spurious one out
Republic of the Philippines still he makes use of the of it. Is he liable under Art 163?
same document. A: Yes he is liable for making and importing and
uttering false coins under Article 163.
ILLUSTRATION:
Q: In an official document, the signature of the President Q: What if while he was in possession of the said coin; he
was forged by A then it was given to B. B knew that it was took out a part of the metal content of the said coin. Can he
a forgery nevertheless he made use of the same. What be liable for Mutilation of coins under Art 164?
crime was committed? A:No, he cannot because in Art 164 or mutilation
A:A committed a crime under 161. And B of coins, it is necessary that the coin subject of
committed a crime under 162. mutilation must be of legal tender. It must be in
present currency because otherwise, it cannot be
ARTICLE163 – MAKING AND IMPORTING AND said that the public has been deceived.
UTTERING FALSE COINS
ELEMENTS: ARTICLE164 – MUTILATION OF COINS
1. That there be false or counterfeited coins  Acts punished:
2. That the offender either made, imported or uttered I. Mutilating coins of the legal currency, with the
such coins. further requirement that there be intent to damage
3. That in case of uttering such false or counterfeited or to defraud another.
coins, he connived with the counterfeiters or II. Importing or uttering such mutilated coins, with the
importers further requirement that there must be connivance
with the mutilator or importer in case of uttering.
 When is it committed?
 A. Counterfeiting (imitation of false coins)
is committed by any person who shall imitate

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 Mutilation is the act of taking off a part of the metal is only in possession of it but in order for
content by filing it or substituting it for another metal of him to be held liable; he must have the
inferior quality. knowledge that the coin is counterfeited
 The offender gathers the metal dust that he has taken or mutilated and despite having such
off from the said coin. knowledge; he has the intent to utter,
 While the offender took out a part of the metal coin, he circulate, pass away, to give away to
is in effect diminishing the intrinsic value of the said another the said coin.
coin therefore who would be given the said coin would
be deceived of the this crime hence a crime in violation II. Actually uttering such false or mutilated coin
of public interest is committed. knowing the same to be false or mutilated.
ELEMENTS:
ILLUSTRATION: 1. Actually uttering, and
Q: There were 3 children/adults. They were playing kara- 2. Knowledge.
krus. So they toss the coin, however before doing that, they  In the second act it is the act of actually
would scratch the coin on the steel therefore the metal circulating or uttering the counterfeited
content of the coin is diminished. Can they be held liable coin despite knowledge that it is
under Art 164? counterfeited or mutilated.
A: No. because there was no intent to gather the
metal dust of the said coin. ILLUSTRATION:
 Can they be held liable of any crime? Q: What if A is under surveillance, reports came to the
 Yes. They can be held liable under PD police that he had been circulating false coins. A went to
247 the bakery store, he bought bread worth P 50.00. He gave
the store owner 5 P 10.00 counterfeited coins. Thereafter,
 PD 247 punishes any person who willfully or knowingly after giving the counterfeited coins, he immediately left.
defaces, mutilates, tears, burns or destroys any The police arrived and A was gone and it was the owner of
currency notes or coins issued by the the store who is left. The police officer asked the owner of
BangkoSentralngPilipinas. the store to open the cash bin. There they saw the 5 P
 In case of violation of PD 247 it is not required that 10.00 coins which were counterfeited. They arrested the
there is intent to mutilate on the part of the offender. It owner of the store. Is the owner of the store liable under Art
is not required that the offender has the intent to 165?
gather the metal dust of the coin although these are A:No he is not liable of selling of false coins or
required under Art 164. mutilated coins, without connivance under Article 165.
First, he was caught in possession.
Q: In a P 1000.00 bill, a person put his cell phone no. on it.  Was there possession?
Is he liable under PD 247?  Yes. The counterfeited coins were found
A: Yes he is liable under PD 247. in his cash drawer. Possession does not
only mean physical or actual possession.
 But PD 247 is akin to a dead law because no one has Possession means constructive
been prosecuted by it. possession which means that the
counterfeited or mutilated coins are in his
ARTICLE165 – SELLING OF FALSE OR MUTILATED control and custody. Therefore the first
COIN, WITHOUT CONNIVANCE element of possession is present.
 Acts punished: 
I. Possession of coin, counterfeited or mutilated by  Was there intent to utter the counterfeited coins
another person, with intent to utter the same, on the part of the said owner?
knowing that it is false or mutilated.  Yes. The fact that he placed it in the cash
ELEMENTS: drawer means he can use it to buy
1. Possession, another thing or as a change to the
2. With intent to utter, and people who will buy from his bakery
3. Knowledge therefore circulation has a way from one
 Under the first act, the offender is in person to another. Therefore the second
possession of the false, mutilated, element is also present.
counterfeited coin. It is another person 
who counterfeited the coin. The offender

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 How about the third element of knowledge on his a. Using any of such forged or falsified
part the coin was counterfeited? instruments; or
 The third element is absent evidently b. Possessing with intent to use any of
based on the facts that the store owner such forged or falsified instruments.
has no knowledge that the coins are
counterfeited. In fact he gave bread  An instrument is payable to bearer when it can be
worth P 50.00. He was also deceived. If transferred by mere delivery.
he had only known that the coins were e.g. Check payable to cash. Whoever is
counterfeited, he would not have given in possession of the said check can
bread worth P 50.00. come to the bank. It can be transferred
Therefore, he may not be held liable by mere delivery.
because also he is in possession, and he
has the intent to utter the coins; he does  On the other hand a check is payable to order where
not have the knowledge that the said it can be transferred by mere delivery when there is an
coins were counterfeited. endorsement coming from the person named or
specified therein. It is an instrument payable to the
ARTICLE166 – FORGING TREASURY OR BANK NOTES order of a specific person or his order.
OR OTHER DOCUMENTS PAYABLE TO BEARER; e.g. Payable to the order of Charmaine.
IMPORTING, AND UTTERING SUCH FALSE OR This cannot be transferred from one
FORGED NOTES AND DOCUMENTS person to another without an order
 Acts punished: coming from Charmaine.
I. Forging or falsification of treasury or bank
notes or other documents payable to bearer. ARTICLE169 – HOW FORGERY IS COMMITTED (Art
II. Importation of such false or forged obligations 169)
or notes. 1. By giving to a treasury or bank note or any
III. Uttering of such false or forged obligations or instrument payable to bearer or to order
notes in connivance with the forgers or mentioned therein, the appearance of a true
importers. and genuine document.
2. By erasing, substituting, counterfeiting, or
ARTICLE167 – COUNTERFEITING, IMPORTING, AND altering by any means the figures, letters,
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER words, or sign contained therein.
ELEMENTS:
1. That there be an instrument payable to order  If what has been falsified is a coin; you call it
or other document of credit not payable to counterfeiting.
bearer.  If it is the stamp, seal or signature of the President;
2. That the offender either forged, imported or you call it forging.
uttered such instrument.  If it is treasury or bank notes; it is considered as
3. That in case of uttering, he connived with the forging.
forger or importer.  It is a document; you call it falsification.

ARTICLE168 – ILLEGAL POSSESSION AND USE OF FALSIFICATION (ART 170, 171, 172)
FALSE TREASURY OR BANK NOTES AND OTHER  In case of FALSIFICATION, to amount to falsification,
INSTRUMENTS OF CREDIT it is necessary that the writing that is falsified must be a
ELEMENTS: document in a legal sense of the word – capable of
making rights and/or extinguishing an obligation.
1. That any treasury or bank note or certificate
Therefore, it must be complete in itself so that it would
or other obligation and security payable to be sufficient in evidence.
bearer, or any instrument payable to order or  Falsification of mere forms does not amount to
other document of credit not payable to falsification of a public document. Because the said
bearer is forged or falsified by another form is not yet complete in itself – it has no name, no
person. address – an unfilled-out/up form. It is not falsification.
2. That the offender knows that any of those
ILLUSTRATION:
instruments is forged or falsified.
Q: So what if A was found outside the building of the LTO
3. That he performs any of these acts ---- office. He was carrying falsified unfilled-out/up forms of
driver’s license. It was distinct, it was falsified, it was not the

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real driver’s license form. He was arrested by the NBI. Can issued and it is falsified, what is falsified is a public
he be held liable for falsification of a public document? document and no more a private document.

A: NO. Because what he is carrying is only an  It is necessary to distinguish the kind of document that
unfilled-out form. It is not yet complete in itself. It is is being falsified - whether it is a public, official,
not yet capable of creating rights or extinguishing commercial or private because of the different effects.
an obligation. It is not yet susceptible of evidence
of the facts stated thereon.  If what has been falsified is a PUBLIC, OFFICIAL OR
COMMERCIAL DOCUMENT, damage or intent to
Q: So what crime if any was committed by A? cause damage to the offended party or to any other
person is not an element.
A: A merely committed violation of Article 176 –
that is mere possession of instrument or  On the other hand, if what has been falsified is a
implements for falsification, but not yet falsification PRIVATE DOCUMENT, for the crime to arise, it is
of a public document. necessary that there must be damage or at least,
intent to cause damage to the private offended party or
There 4 types of documents which may be falsified: to any other party.
1. PUBLIC DOCUMENT – a document which is  If what has been falsified is a PUBLIC OR OFFICIAL
issued by a notary public or competent public DOCUMENT, it is not necessary that there be damage
official with the solemnities required by law or intent to cause damage. Because a public
document – an official document - is presumed
2. OFFICIAL DOCUMENT – a document issued by a authentic and legal. It is presumed to be “prima facie
public official in the exercise of his official evidence” of the facts stated therein. As such, the
functions moment it is falsified, the crime will immediately arise,
without need that there be damage on the part of the
3. COMMERCIAL DOCUMENT – any document offended party. Because in Falsification of a Public
defined and regulated by the Code of Commerce Document, what has been violated is the
or any other mercantile law PERVERSION OF TRUTH being solemnly proclaimed
by the said document. Hence DAMAGE IS NOT AN
4. PRIVATE DOCUMENT – a document, a deed or ELEMENT.
instrument executed by a private person without
the intervention of the notary public of any other ARTICLE171 – FALSIFICATION BY PUBLIC OFFICER,
person legally authorized, by which document EMPLOYEE OR NOTARY OR ECCLESIASTICAL
some disposition or agreement is proved, MINISTER
evidenced or set forth  The first kind of falsification under Article 171, we have
the falsification committed by a public officer,
 Is a public document distinct from an official
document? employee or notary public or an ecclesiastical minister.
ELEMENTS:
 All official documents are considered as 1. The offender is a public officer, employee, notary
public documents, but not all public public or an ecclesiastical minister.
documents are considered official
documents. Before a public document may 2. He takes advantage of his official position.
be considered as an official document, it is  The offender is said to have taken
necessary that it shall be issued by a public advantage of his position or office when:
officer in the exercise of his official functions. a. He has the duty to make or prepare
There is a law that requires a public officer to or to otherwise intervene in the
issue the said public document, then it preparation of the document; or
becomes an official document. b. He has the official custody of the
document which he falsifies
 A PRIVATE DOCUMENT, one which has been
executed by a private person, if there is no intervention 3. That the said offender falsifies a document by
of public official. committing any of the following modes stated
therein:
 A PRIVATE DOCUMENT however, even though a. By counterfeiting or imitating any
executed by a private person without the intervention handwriting, signature or rubric.
of a notary public or a legally authorized person, can b. Causing it to appear that persons
also become a public document. That is when the said have participated in any act or
private document is submitted to the public officer and proceeding when they did not in fact
it becomes part of the public records. The moment the so participate.
said private document becomes part of the public c. Attributing to persons who have
records, it is now a public document and when it is participated in an act or proceeding

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statement other than those in fact falsified is a public or official document
made by them because the offender is public officer or
d. Making untruthful statements in a employee or notary public. Therefore
narration of facts necessarily, the document being falsified
e. Altering true dates in Art. 171 is a public official or official
f. Making any alteration or intercalation document.
in a genuine document which
changes its meaning Art. 171 provides for the DIFFERENT ACTS OF
g. Issuing in authenticated form a FALSIFICATION. These acts of falsification are also
document purporting to be a copy of applicable in Art. 172:
any original document when no such I. BY COUNTERFEITING OR IMITATING ANY
copy a statement contrary to, or HANDWRITING, SIGNATURE OR RUBRIC.
different from that of the genuine  So what is COUNTERFEITING?
original  The offender is said to have
h. Intercalating any instrument or note counterfeited a signature, handwriting or
relative to the issuance thereof in a rubric if he has imitated an official
protocol, registry or official book. handwriting, signature or rubric.
i.  So there is an original handwriting or
4. In case the offender is an ecclesiastical minister, signature and the offender imitiated or
the act of falsification is committed with respect to copied the said original handwriting or
any record or document of such character that the signature.
falsification may affect the civil status of persons.
 Is COUNTERFEITING the same as
EXPLANATIONS: FEIGNING?
1. The offender is a public officer, employee, notary  Feigning a handwriting, signature or
public or an ecclesiastical minister. rubric is NOT THE SAME as
 If the offender is an ecclesiastical counterfeiting. When you say FEIGNING,
minister, for him to be liable under Article it means “simulating” a handwriting,
171, it is necessary that the document signature or rubric. That is, making a
that he falsifies must affect the civil status handwriting, signature or rubric out of
of a person. nothing which does not exist. It is an
 If the document falsified by an imaginable, an inexistent handwriting,
ecclesiastical minister will not affect the signature or rubric.
civil status of a person, he is still liable for
falsification, but not under Art. 171, rather II. CAUSING IT TO APPEAR THAT PERSONS HAVE
under Art. 172. PARTICIPATED IN ANY ACT OR PROCEEDING
 So, a priest falsified the communion WHEN THEY DID NOT IN FACT SO PARTICIPATE.
certificates of one of the students/pupils
receiving the first communion, the crime Q: What if a notary public issued, he prepared or issued an
committed is falsification under Art. 172, extrajudicial settlement of an estate. In the said
not under Art. 171 because a certificate extrajudicial settlement of an estate, it is stated that all the
of communion will not affect the civil heirs of a certain decedent can already agree by
status of the said child. themselves to partition the property. So it is an extrajudicial
settlement of an estate and in it, the notary public made it
2. He takes advantage of his official position. appear that all the 12 heirs of the decedent had
 It requires that the offender takes participated, but un truth and in fact, two of the heirs where
advantage of his official position. in another country and they did not participate in the
 The offender is said to have taken execution of this extrajudicial settlement of the estate. Is
advantage of his position or office when: the notary public liable?
a. He has the duty to make or prepare A: YES. The notary public is LIABLE under the
or to otherwise intervene in the second act (causing it to appear that persons
preparation of the document; or have participated in any act or proceeding
b. He has the official custody of the when they did not in fact so participate).He
document which he falsifies caused it to appear that A and B participated in
the execution of the extrajudicial settlement of the
3. That the said offender falsifies a document by estate, when they did not in fact so participate.
committing any of the following modes stated
therein: III. ATTRIBUTING TO PERSONS WHO HAVE
 If you will look at Art. 171, it does not PARTICIPATED IN AN ACT OR PROCEEDING
state the kind of document that has been STATEMENT OTHER THAN THOSE IN FACT MADE
falsified, it may not be stated because it BY THEM
necessarily follows that the document

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 So under the third act, persons participated in statement of facts in his residence certificate or community
an act or proceeding, they made statements tax certificate, otherwise known as cedula. So he was
therein, however, the offender in a document charged with falsification. He contended that there is no law
may appear that these persons have made which requires him to state the truth in his residence
certain statements which were not in fact certificate. Is his contention correct?
made by them. A: His contention is wrong. According to a ruling in
the Supreme Court, if it is a residence certificate
Q: So what if in the SangguniangPanglungsod, an or community tax certificate, there need not be a
ordinance was being passed. There was a votation, law which requires a person to state the truth in
majority of the councilors voted, two of the councilors the said residence certificate, it is inherent in the
dissented and their vote were NO. they just stated that kind of document. Since it is a residence
they were voting in the negative, but, they did not give any certificate or cedula, it is inherent that in this
explanation for their dissent or the vote of NO. however, in document, nothing but the truth must be stated –
the minutes appeared by the Sangguniang Secretary, the no falsity. Because it requires identification.
latter made it appear that the two councilors made
statements that they voted NO because the said ordinance V. ALTERING TRUE DATES
is contrary to law. Is the said secretary liable for  It is necessary that what has been altered
falsification? must be a true date and in the alteration of
the said true date, the document will no
A: YES. He is a public officer. He is the one who longer have any effect.
prepared the minutes for the
SangguniangPanglungsod and he made it appear VI. MAKING ANY ALTERATION OR INTERCALATION IN
that the 2 councilors stated that the said ordinance A GENUINE DOCUMENT WHICH CHANGES ITS
is contrary to law and in truth and fact, they did not MEANING
made those statements. So the said secretary is  2 ACTS:
liable for falsification. i. The offender makes an alteration
ii. The offender makes an intercalation in a
IV. MAKING UNTRUTHFUL STATEMENTS IN A genuine document which changes its
NARRATION OF FACTS
meaning
 The evidence of this act of falsification
requires:  ALTERATION – changes in a document
i. That the offender makes in a document  INTERCALATION – there must be some
untruthful statement in a narration of insertion made in the said document, in a
facts; genuine document that changed the meaning
ii. That he has legal obligation to disclose of the said document
the truth of the facts narrated by him
iii. The facts narrated by the offender are
VII. ISSUING IN AUTHENTICATED FORM A DOCUMENT
absolutely false
PURPORTING TO BE A COPY OF ANY ORIGINAL
iv. The untruthful narration must be such
DOCUMENT WHEN NO SUCH COPY A STATEMENT
as to effect the integrity of the
CONTRARY TO, OR DIFFERENT FROM THAT OF
document and that the offender does
THE GENUINE ORIGINAL
so with the intent to injure or prejudice
 2 ACTS PUNISHED:
another person
1. The offender issued in an authenticated
form a document purporting to be an
 It is necessary that the intention of the
authenticated copy of an original document,
intention of the offender must be to INJURE
but no such original exists
ANOTHER PERSON.
2. By including such copy a statement
 In case of making false statements in a
contrary to or different from a genuine original
narration of facts, it is necessary that the
offender must have the legal obligation to
ILLUSTRATION:
disclose the truth in the said narration of facts.
Q: What if a notary public issued a deed of absolute sale
 Absence of such legal obligation, then it
and he said that it is an original copy of a deed of absolute
cannot be said that he is liable for
sale between A and B. A selling his property to B, but in
falsification.
truth and in fact, no such deed of absolute sale was
 When you say legal obligation, there is a law
executed between A and B. Is the notary public liable?
which requires him to state nothing but the
A: YES. He is liable under the second act of
truth in the said document.
falsification in the seventh act of the 3 rd element in
Art. 171.
Q: So what if the offender, a public officer, falsified the
statement in his residence certificate or community tax
Q: What if a civil registrar issued a certificate of live birth.
certificate. Although he stated his true name, he did not
So here comes A. A was asking that he should be given a
state his address, citizenship, etc. So makes false
certified copy of a certificate of live birth. In the said

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CRIMINAL LAW 2
certificate of live birth issued by the said civil registrar, there  But if the said falsified document is used in
was a statement that A was an illegitimate child, but in the any other transaction, this time, damage or
original copy of the certificate of live birth submitted to the intent to cause damage is an ELEMENT.
office of the Office of the Civil Registrar, there was no such
statement. Is the civil registrar liable? ARTICLE173 – FALSIFICATION OF WIRELESS
TELEGRAPH AND TELEPHONE MESSAGES
A: YES. He is liable under the second act of
 Punishable acts
falsification in the seventh act of the 3rd element in
I. Uttering fictitious, wireless, telegraph or
Art. 171. Because he included in the said copy a
telephone message
statement contrary to or different from that of a
II. Falsifying wireless, telegraph or
genuine original.
telephone message
III. Using such falsified message
VIII. INTERCALATING ANY INSTRUMENT OR NOTE
 If the act punished is UTTERING FICTITIOUS,
RELATIVE TO THE ISSUANCE THEREOF IN A
WIRELESS, TELEGRAPH OR TELEPHONE
PROTOCOL, REGISTRY OR OFFICIAL BOOK.
MESSAGES and FALSIFYING WIRELESS,
 INTERCALATION – making any insertion in
TELEGRAPH OR TELEPHONE MESSAGES, note
any instrument or note
that these can only be committed by a person working
in a department, agency or corporation which is
 So these acts, under ARTICLE 171, are also the very engaged in a business of receiving and sending
same acts punished under Art. 172.
wireless, telegraph and telephone messages.
 Under the third act – USING FALSIFIED WIRELESS,
ARTICLE172 – FALSIFICATION BY PRIVATE TELEGRAPH OR TELEPHONE MESSAGES, this
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS time, it can be committed by any person.
 THREE PUNISHABLE ACTS/FELONIES?
I. Falsification of a public, official or commercial Articles 174 and 175 refer to the persons who shall be
document by a private individual criminally liable in case of falsified document.
 So in case of FALSIFICATION OF A PUBLIC,
OFFICIAL OR COMMERCIAL DOCUMENT ARTICLE174 – FALSE MEDICAL CERTIFICATES,
by a PRIVATE INDIVIDUAL, is just the same FALSE CERTIFICATES OF MERIT OR SERVICE, ETC
as ARTICLE 171 – they only differ in that in  Under Art. 174, if the offender is a PHYSICIAN OR
Art. 171, the offender is a public officer or SURGEON who issues a false medical certificate in
employee. the practice of his profession, he becomes liable under
 In ARTICLE 172, yes, the document falsified Art. 174.
is a public, official or commercial document,  Likewise, Art. 174 punishes a PUBLIC OFFICER who
but, the offender is a private individual even if issues a false certificate of merit, service or good
the offender is a private individual, since the conduct, moral character, etc.
document falsified is a public, official or  And, under Art. 174, ANY PRIVATE INDIVIDUAL who
commercial document, DAMAGE OR INTENT falsifies a medical certificate or certificate of merit or
TO CAUSE DAMAGE IS NOT AN ELEMENT. service or good conduct shall be also criminally liable.
 The offender is the person who falsifies, issues the
II. Falsification of private document by any false medical certificate or certificate or merit.
person  If the offender is not the falsifier, but he knows that the
 The document falsified is a PRIVATE said document is falsified and he makes use of the
DOCUMENT. The offender is any person. He same, his liability is under Art. 175.
can be a private individual, he can be a
private officer or employee for as long as the ARTICLE175 – USING FALSE CERTIFICATE
document falsified is a private document, it  Under Art. 175, the offender knows that the medical
necessary that there must be damage caused certificate or certificate of merit has been falsified and
to a third person or at least the intention of despite that knowledge, he makes use of the same.
the offender is to CAUSE DAMAGE.
 Absence of damage or intent to cause ILLUSTRATION:
damage, then falsification of a private Q: So what if the defense counsel is about to present his
document will not arise. witness. The witness is a person who was present in the
scene of the crime who actually saw the incident – that is
III. Use of falsified document according to the defense counsel. However, on the date of
 A document has been falsified and the the said hearing, the said witness failed to appear, the
offender uses the said document. defense counsel said to the judge: “Your Honor, my
 If the falsified document is used in a witness is in the hospital, he cannot even get out of bed.
JUDICIAL PROCEEDING, again, DAMAGE He is very, very sick.” The judge, however, was doubtful of
or INTENT TO CAUSE DAMAGE is NOT AN the said manifestation of the defense counsel and so the
ELEMENT because it is a judicial proceeding. judge told the defense counsel: “Okay, let him appear in

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the next hearing and make sure that he brings with him a be known by such other person or by public
medical certificate to show that indeed he can testify in this as a representative or agent of Philippine
hearing. With that, the defense counsel informed the government.
witness of the said order of the court. The said witness was
in that time, healthy, it is just that he was too afraid to
testify. However, in the next hearing, he is deemed II. There is usurpation of official function if any
required to produce a medical certificate showing that he person performs an act pertaining to a person in
was bedridden. And so, he went to his medical doctor. He authority or a public officer of the Philippine
asked the doctor to issue a medical certificate saying that Government or of a foreign government or agency
he was very, very sick and that he could not get out of bed thereof, under pretense of official position, and
on the said date. The said doctor issued the said medical without being lawfully entitled to do so.
certificate and then his witness appeared on the second
 It is necessary that the offender performs an
hearing and presented him to the court. It was submitted to
the records of the court. What crime or crimes is/are act. Mere representation will not suffice. It is
committed by doctor or the physician as well as by the necessary that he performs an act pertaining
witness? to a person in authority or a public officer of
any department or agency of the Philippine
A: The PHYSICIAN is liable under Art. 174. He government or of a foreign government.
issues a false medical certificate in the exercise or  In usurpation of official functions, it is
in the practice of his profession.
necessary that the act pertaining to a person
On the other hand, the WITNESS, despite
knowledge that it is a falsified medical certificate, in authority or a public officer must be under
still made use of the same and he presented and pretense of official position and without being
submitted it to the court. lawfully entitled to do so.

ARTICLE176 – MANUFACTURING AND POSSESSION ILLUSTRATION:


OF INSTRUMENTS OR IMPLEMENTS FOR
Q: What if an administrative case was filed against the
FALSIFICATION
 This is the felony that is if a person was found in mayor before the Office of the Ombudsman. During the
possession of unfilled-out forms of driver’s license, he investigation of the case, the Ombudsman preventively
can be held liable for falsification of a public document suspended the mayor for a period of six months. The DILG
and liable only in Article 176. implemented the suspension order and the vice-mayor was
 Under Art. 176, what was being punished are: made the acting mayor. However, upon advice of his
1. Making or introducing into the Philippines any counsel, the suspended mayor began working, began
stamps, dies, marks or other instruments or
performing the acts of being a mayor after 90 days of
implements for counterfeiting or falsification.
2. Possessing with intent to use the instrument or preventive suspension. That is because according to his
implements for counterfeiting or falsification made counsel, he can only be suspended for a period of 90 days.
in or introduced into the Philippines by another So on the 91st day of his suspension, he again began
person. assuming the function of a mayor. He signed documents,
he issued memorandum, etc. as the city mayor. Is he liable
ARTICLE177 – USURPATION OF AUTHORITY OR under Article 177 for usurpation of official function?
OFFICIAL FUNCTIONS A: Yes, he is liable for usurpation of official
I. Usurpation of authority is committed when a function under Article 177. The reason is that he
person knowingly and falsely represents himself to is still under preventive suspension. Unless and
be an officer or agent of any department of the until it is lifted by the Ombudsman and the said
Philippine government or agency thereof or of a lifting was implemented by the DILG, he remains
foreign government. to be a suspended mayor. And for having acted,
 The crime will immediately arise from the mere for having performing an act pertaining to the
act of person of knowingly and falsely office of a mayor, he is said to be committed a
representing himself to be an officer or agent violation of Article 177, usurpation of official
of any department or agency of the function.
Philippines or of a foreign country. It is not
necessary for the offender to commit any act, Q: What if there was heavy traffic. So there was no MMDA
to perform any act. It suffices that he falsely officer or policeman manning the traffic. One of the owners
represents himself to be an officer or agent of of the vehicle caught in the traffic alighted from the vehicle
the Philippine government. The crime will and he manned the traffic to ease the flow of the traffic.
immediately arise. However, the said false The said man performed an act pertaining to an officer of
representation, aside from being done
knowingly, must be such that he intended to

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the MMDA, pertaining to a traffic enforcer. Is the said man
liable for usurpation of official function? ANTI-ALIAS LAW (C.A. No. 142, as amended)
A: NO. While the man performed however he did SO RELATED IN ARTICLE 178 IS C.A. 142 AS AMENDED
not do so under pretense of official position and  What is an alias? What does C.A. 142, as amended,
without being lawfully entitled to do so. There was or the Anti-Alias Law provide?
no intent on his part to falsely represent himself as  According to the SC, an alias is a name or names
to be in that position. There was no false pretense use intended to be used by a person publicly and
of official position therefore he cannot be held habitually, usually in business transaction other
liable under Article 177 or usurpation of official than the name registered at birth for the first time
function because his act was only done out of before the local civil registrar.
pacific (promote peace; to end a conflict) spirit to  Under C.A. 142 as amended, except as
help ease the said traffic. pseudonym, in literary, cinema, television, radio
and other entertainment purposes, and in athletic
ARTICLE178 – USING FICTITIOUS NAME AND events wherein the use of a pseudonym is a
CONCEALING TRUE NAME normal practice, no person can use any name
 Punishes two acts: other than his name by which he is registered at
I. USING FICTITIOUS NAME birth at the local civil registrar or by which he is
 Committed by any person who shall use registered by the Bureau of Immigration upon his
a name other than his real name publicly entry into the Philippines.
for concealing a crime, or evade the  The use of any other name must only be upon
execution of a judgment, or to cause approval by the judicial or competent authority.
damage to public interest.  Therefore, no person can use any other name
ELEMENTS: other than the name by which he is baptized at the
1. The offender uses a name other than his office of the civil registrar in your place other than
real name the name by which he is recorded in Bureau of
2. That he uses that fictitious name publicly Immigration, if case he is a foreigner coming here
3. That the purpose of the offender is either: in the Philippines. He can only use his name.
a. to conceal a crime; or EXCEPT if he is an actor, if he is an athlete, then
b. to evade execution of a judgment; or he is allowed to use a pseudonym. When he is a
c. to cause damage to public interest. writer of a book, then he is allowed to use a
II. CONCEALING TRUE NAME pseudonym, a pen name other than his real name
ELEMENTS: because it is a normal practice OR if he files the
1. The offender conceals— use of a substitute name before the court and he
a. his true name; AND is allowed by judicial or competent authority to use
b. all other personal circumstances any other name, then he can also use another
2. That the purpose is only to conceal his name. But outside these, a person can only use
identity the name by which he is registered at the office of
civil registrar.
HOW WOULD YOU DISTINGUISH IF THE CRIME
COMMITTED IS USING FICTITIOUS NAME OR CESARIO URSUA v. CA
CONCEALING TRUE NAME?  The said accused made use of a different name.
 In case of using fictitious name, the use of a name he used the name of Oscar Perez in the office of
other than his real name, is done publicly. There is the Ombudsman as he was trying to get a copy of
the element of publicity. Whereas, in case of the complaint filed against him. It was however
concealing true name, it is not necessary that the discovered that a case of violation of CA 142 was
use of another name, concealing his true and real filed against him.
name must be done publicly.  The SC held that he is not criminally liable. The
 Using fictitious name and concealing true name SC acquitted the accused because according to
differ in purposes. In case of using fictitious name, the SC, the use of the name Oscar Perez in an
the purpose is to conceal a crime, evade the isolated transaction, without any showing, absent
execution of judgment or to cause damage to an evidence that henceforth he wanted to be
public interest. On the other hand, in concealing known by the name of Oscar Perez in not within
true name, the only purpose of the offender is to the prohibition of CA 142 as amended. There was
conceal his true and real identity. no evidence that showed that henceforth he

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wanted to be known by that name. There was no address. He divulged the name of his wife,
showing that henceforth, he wanted to be called the names of his children; therefore, it
by the said name therefore it cannot be said that cannot be said that he has the intention to
Oscar Perez is an alias of the accused. conceal his true identity. In fact, his true
identity can easily be verified just by going to
PEOPLE v. ESTRADA the said address; therefore he is not also
 In this case, the former president made use of the liable for concealing true name.
name Jose Velarde in signing a trust account. So  Is he liable under CA 142, as amended?
he signed a trust account, using the name Jose  He is also not liable under CA 142, as
Velarde and so he was charged with violation of amended, because the use of the name Y in
CA 142 as amended. a single transaction, in a single isolated
 Again, the SC said, the use by Erap of the name transaction, without any showing that
Jose Velarde in a single, isolated transcation, henceforth he wanted to be known as Y is
without any showing that henceforth he wanted to not within the prohibition of CA 142, as
be known by such name, is not within the amended.
prohibition of CA 142 as amended. First, it was
not done publicly and was in fact done secretly in ARTICLE179 – ILLEGAL USE OF UNIFORMS AND
the presence of Laquian and Chua and the said INSIGNIA
act of signing does not make it public because  Committed by any person who makes use of any
these two are his close friends therefore it was insignia, uniform or dress which pertains to an
done secretly, in a discreet manner. Hence, it was office not being held by the offender or to a class
not done publicly. It was also not done habitually. of person of which he is not a member and he
The element of habituality is not present because makes use of such insignia, uniform or dress
there was no showing that in any other publicly and improperly.
transaction, he made use of the name Jose ELEMENTS:
Velarde. Hence, he was also acquitted although 1. The offender makes use of INSIGNIA,
convicted by Sandiganbayan, he was acquitted by UNIFORM or DRESS
the SC. 2. That the insignia, uniform or dress pertains to
an office not being held by the offender or to a
Q: What if a lawyer was having a massage in a sauna bath class of person of which he is not a member.
parlor. He did not know that as a front it is a sauna bath 3. That the said insignia, uniform or dress is used
parlor but in truth and in fact, it was a prostitution den. At publicly and improperly.
the time that he was having this massage service, the  The offender uses the insignia, uniform or dress of an
police raided the place because they were able to secure a office not held by him or a by a class of person of
search warrant. And among those arrested was the said which he is not a member and he used the same
attorney. The said attorney was brought to the PNP station publicly and improperly.
and he was asked of his name, ashamed to reveal his true
identity, his true name, he said that he was Y and did not ILLUSTRATION:
state that he was Atty. X. However, when he was asked his Q: What if a person was wearing a uniform. So he said that
residence, he stated the truth. As of the name of his wife, it was a uniform of a certain organization known as H world
he stated the truth. As of the name of his children, he but in fact, no such organization ever existed. Is he liable
stated the truth. Is he liable for using fictitious name? under Article 179?
A: He is not liable for using fictitious name. A: No, he is not liable of Illegal use of insignia,
First, he did not do so publicly. Second, his use of uniform or dress Article 179. The reason is that
the name was not done to conceal a crime, to H world does not belong to any office, doesn’t
evade the execution of sentence or to cause refer to a class of persons; therefore, he is not
damage to public interest—none of these liable under Article 179.
purposes is present; therefore he is not liable for
using fictitious name. Q: What if a person made use of a uniform of a prisoner.
 Is he liable for concealing true name? So you see a person, he was receiving a holy communion,
 No, he is not liable for concealing true he was wearing an orange t-shirt with a big letter P at the
name. Although he concealed his real back which means Prisoner. Can he be held liable under
name, Atty. X, he did not conceal his other Article 179?
personal circumstances. He divulged his

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A: He is not liable of Illegal use of insignia, the victim said that the witness saw the said act of killing.
uniform or dress under Article 179. Although he used the The fiscal believed and the fiscal presented the said
uniform of a prisoner, it is not an office held by the offender, witness. The witness however was not present at the scene
it is not also a class of persons. When you say a class of of the crime but in his testimony the witness said that he
persons of which he is a member, it refers to a dignified was present at the scene of the crime and that he actually
class of persons. He is assuming that he belongs to the saw the accused stabbing the victim to death. The
said class of persons. Here, he is even belittling himself accused, A knew that the witness was testifying falsely
because he was wearing a uniform of a prisoner. Hence, it because he knew that at the scene of the crime, it was only
cannot be said that he violated Article 179. he and the victim who were present. After trial on the
merits, the judge, acquitted the said accused A. In other
FALSE TESTIMONY (ART 180, 181, 182) words, the judge did not give weight to the testimony of the
 False testimony can either be false testimony in false witness. Can A still file a case against the false
criminal cases (Articles 180 and 181), false witness?
testimony in civil cases (Article 182) and false A:Yes, A can still file a case of false testimony
testimony in other cases. against the false witness. He can still file a case
 False testimony in criminal cases can either be: of false testimony against the said false witness
(1) false testimony against a defendant (Article even of the court did not consider the said false
180) and (2) false testimony favorable to testimony. Even if the court did not give any merit
defendant (Article 181). on the said false testimony and acquitted him. The
crime will arise the moment the said offender
ARTICLE180 – FALSE TESTIMONY AGAINST A testified falsely in open court whether in favor or
DEFENDANT against a defendant.
 In a criminal proceeding, the offender-witness
testified falsely against a defendant knowing that Q: What if in the same case, A was being prosecuted for
his testimony is false and then the said defendant homicide. Then the prosecution presented the witness. The
is either acquitted or convicted. witness testified falsely against the defendant saying that
he saw the actual act of killing. After trial on the merits, the
ELEMENTS: judge convicted the accused, the judge believed the false
1. That there be a criminal proceeding testimony and so the judge convicted him. Upon conviction,
2. That the offender testifies falsely under oath within 15 days from the promulgation of judgment, the said
against the defendant therein. accused, the said convict, filed an appeal before the CA.
3. That the offender who gives false testimony While the case was pending before the CA, can the said
knows that it is false. accused, the convicted person, already file a case of false
4. That the defendant against whom the false testimony against the false witness who testified against
testimony is given is either acquitted or him?
convicted in a final judgment. (People v. A:Not yet. Any case would still be a premature
Maneja) case. In fact, you would not know what court will
have jurisdiction. You would not know if the court
ARTICLE181 – FALSE TESTIMONY FAVORABLE TO that will have jurisdiction over the false testimony
DEFENDANT is the RTC or the MTC because the penalty to be
 In a criminal proceeding, the offender-witness imposed on the false witness is always dependent
testified falsely in favor of the defendant and he on the penalty imposed on the convict.
knew that his testimony is indeed false .  Under Article 180, if the defendant has been
convicted and the penalty imposed is capital
 Whether it be a false testimony against or false punishment or death then the false witness shall
testimony in favor of a defendant, it is immaterial be imposed with a penalty of reclusion temporal. If
whether the court will consider or not the said false the defendant, upon conviction is imposed with a
testimony. The case may be filed. penalty of reclusion perpetua and reclusion
temporal, the penalty will be imposed on the false
ILLUSTRATION: witness is prision mayor. If the said defendant is
Q: What if A is being prosecuted for the crime of homicide, convicted and the penalty imposed on him is any
for having killed the victim. So while he is being other afflictive penalty, the penalty to be imposed
prosecuted, the fiscal presented a witness. This witness on the false witness is prision correcional. On the
was also brought in by the heirs of the victim. The heirs of other hand, if the penalty imposed on the said

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defendant is prision correcional, arresto mayor,  PERJURY is the willful and deliberate assertion of
fine or he was acquitted. If he was acquitted, the falsehood on a material matter made before an officer
penalty to be imposed on the said person who duly authorized to receive and administer oath.
testified falsely is arresto mayor. ELEMENTS:
 So in this case, the penalty on the false witness is 1. The accused made a statement under oath or
always dependent on the penalty to be imposed executed an affidavit upon a material matter
by the court on the defendant; therefore, there  There are two ways of committing
must first be a final conviction by final judgment. perjury:
 NOTE: if it is an acquittal, the case can be The offender either:
immediately filed because an acquittal is 1. Makes a statement under
immediately executory. You cannot appeal an oath (he makes a false testimony); or
acquittal. It is immediately executory. 2. Executes an affidavit on a
material matter (if it is an
Q: So the case was filed against A for homicide, here affidavit, it is also required
comes a witness, the witness testified falsely in favor of the under oath)
accused. Can the private complainant, the heirs of the 2. The said statement under oath or affidavit
victim, immediately file a case of false testimony against was made before a competent officer duly
the witness right after the giving thereof? authorized to receive and administer oath
A: Yes, because in case of false testimony in  In order to amount to perjury, it is
favor of the defendant, the penalty of the false necessary that the said oath must be
witness is not dependent on the penalty to be given before an officer duly authorized to
imposed on the said accused or defendant. receive and administer. Otherwise, it
cannot be considered as perjury because
ARTICLE182 – FALSE TESTIMONY IN CIVIL CASES the essence of perjuryis the violation
 Right after the giving of the false testimony, the of the solemnity of oath.
private complainant or the aggrieved party, can  If the person who received the oath is not
immediately file a case against the false witness duly authorized, it cannot be said that
who testified in favor of the defendant. there is a violation of the solemnity of the
ELEMENTS: oath.
1. The testimony must be given in a civil case
2. The testimony must relate to the issues 3. That in the said statement or affidavit, the
presented in said case (relative or pertinent) offender makes a willful and deliberate
3. The testimony must be false assertion of falsehood
4. The false testimony must be given by the  It is necessary for perjury to arise that the
defendant knowing the same to be false. offender deliberately, knowingly
5. The testimony must be malicious and given with ascertained a falsehood. There was a
intent to affect the issues presented in the deliberate intent on his part; therefore,
said case (U.S. v. Aragon) good faith is a defense in perjury.
 In case of false testimony in a civil case, right after  Perjury likewise cannot be committed out
the giving of the false testimony, the false witness of mere negligence. It is necessary that
can be immediately prosecuted in court. there must be a deliberate intent on his
 In order to amount in false testimony in civil cases, part to assert a falsity either in the
there must be litigation. Take for example a sum statement or affidavit.
of money, breach of contract. If the false testimony
is given in a special proceeding, for example, 4. The said statement or affidavit containing
petition for nullity of marriage, petition for falsity is required by law.
separation, petition for habeas corpus, these are  If it is not required by law then it cannot
special proceedings and a false testimony of a be considered as a crime.
person who testified falsely during this special
proceeding, the case is under Article 183, false ILLUSTRATION:
testimony in other proceedings. Q: What if X made a false statement in a criminal
proceeding, what crime is committed?
ARTICLE183 – PERJURY A: The crime committed is FALSE TESTIMONY.

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Q: A makes a statement in a labor case against B. What A: He is liable of FALSIFICATION and not of
crime is committed? perjury because the person who received and
A: The crime committed is PERJURY. administered the oath is not a confidante officer
 If the false statement under oath is made in a judicial duly authorized to receive and administer the
proceeding whether it be a criminal or civil proceeding, oath. He was a mere janitor and not a notary
the crime committed is FALSE TESTIMONY. If the public. As such, the crime committed is
said false statement, however, is made in a non- falsification. Again, the essence of perjury is the
judicial proceeding, administrative proceedings, or violation of the solemnity of the oath.
quasi-judicial proceedings, then the crime committed is
PERJURY. So if the false testimony or the false Q: A wrote a love letter to the girl that he is pursuing. In the
statement is made in a labor case, in an administrative said love letter, he stated falsities such as “You are the only
case, in an application for search warrant, during the one in my life.” when in truth there were three of them. He
preliminary investigation, before the fiscals’ office, the stated “I love you and I miss you” and they were all
crime committed is perjury. falsities. He even asked it to be notarized and sent it to his
third girlfriend. Is he liable for perjury?
Q: What if the offender makes false narration of facts in a A: No, he is not liable for perjury. He is not
cedula. The offender makes a false narration of facts in a liable for perjury because the said love letter is not
driver’s license. What crime is committed? required by law. The fourth element requires, to
A: FALSIFICATION. amount to perjury, the sworn statement under
oath or the said affidavit must be required by law
Q: What if the offender makes a false narration of facts in a because it is a crime against public interest not a
statement of assets, liabilities and net worth. So a public crime against personal interest.
officer filed a statement of assets, liabilities and net worth.
It contains falsities, false narration of facts. What is the Q: What if in a case submitted in a fiscal’s office, so there
liability? was a complaint and attached thereto is a sworn statement.
A: The liability is PERJURY. In the said sworn statement, the witness said that he saw
the accident. He saw the accused bumped the victim.
WHERE LIES THE DIFFERENCE BETWEEN According to him, at the time, he was watching Saksi, when
FALSIFICATION AND PERJURY? suddenly a commotion occurred outside, he ran out of the
 In falsification, the document is not required to be window, he saw at that particular time the accused hitting
under oath. In case of perjury, the document is the said victim with his vehicle and so he saw the accused
required to be under oath. that caused the death of the victim. That was his statement
in the affidavit filed to the fiscal’s office. During
HOW ABOUT THE DIFFERENCE OF FALSE investigation, however, it was discovered he was not
STATEMENT AND PERJURY? watching Saksi, he was watching Bandila, the news
 If the false statement is made in a judicial program in ABS-CBN and not the news program in GMA. Is
proceeding, it is false testimony. If the false he liable of perjury?
statement is made in a non-judicial proceeding or A:No, he is not liable of perjury. Although it was
administrative proceeding or quasi-judicial under oath, administered by a fiscal, still it is no
proceeding, it is perjury. perjury because it is not on a material matter.
ILLUSTRATION: Whatever it is that he was watching at the time,
Q: An applicant for the bar filled out an application form for even if it is cartoon, it doesn’t matter. What
the bar, there was a statement therein, “Have you ever matters is that he heard the commotion, he ran to
been fined or convicted of any crime?” and the answer was the window, and he saw the accused bumping the
no, however, in truth and in fact, he has already been fined victim. He saw that it was the accused who killed
for the crime of jaywalking. He answered no and then this the victim and that it was the car of the accused
application for the bar is required to be under oath. He was that hit the victim. Only then, it will be considered
looking for a notary public since it was a Sunday, there was as perjury but whatever he was watching, it was
no office opened so he went to the legal office of his father, immaterial. It was not on a material matter;
hoping that there was a lawyer there. However, there was therefore it will not amount to perjury.
only the janitor and he asked the janitor to sign in the
notary public part and then submitted it to the office of the SUBORNATION OF PERJURY is committed by a person
bar confidante. Is the said applicant for the bar liable for who knowingly and willfully procures another to swear
perjury or is he liable for falsification?

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falsely and the witness suborned does testify under the 2. The accused solicited any gift or a
circumstances rendering him guilty of perjury. promise from any of the bidders.
NOTE: Subornation of perjury is not expressly penalized in 3. That such gift or promise was the
RPC; but the direct induction of a person by another to consideration for his refraining from
commit perjury may be punished under Article 183 in taking part in that public auction.
relation to Article 7, meaning, the crime is plain perjury but 4. The accused had the intent to cause
the one inducing another will be liable as principal by the reduction of the price of the thing
inducement and the one who testified as principal by direct auctioned.
participation.
II. ATTEMPTING TO CAUSE BIDDERS TO
ARTICLE184 – OFFERING FALSE TESTIMONY IN STAY AWAY
EVIDENCE  By attempting to cause bidders to stay
 Committed by any person who shall offer in evidence away from an auction by threats, gifts,
any false testimony or any false witness either in a promises or any other artifice
judicial proceeding or in any official proceeding.  The mere attempt to cause bidders not to
ELEMENTS: participate in the said public auction by
1. The offender offered in evidence a false witness threats, gifts or promise will already give
or false testimony. rise to the crime. It is not necessary that
2. The offender knew the witness or the testimony the bidders would not actually participate.
was false. ELEMENTS:
3. The offer was made in a judicial or official 1. There be a public auction
proceeding. 2. The accused attempted to cause the
 Is this the same as subornation of perjury? bidders to stay away from that public
 Subornation of perjury is committed by any auction.
person who procures a false witness in order 3. It was done by threats, gifts, promises
to perjures himself and testify falsely in a or any other artifice.
case. There is no such crime as 4. The accused had the intent to cause
subornation of perjury under the present the reduction of the price of the thing
RPC because we already have Article 184. auctioned.
 Article 184 is committed when any person
who procures a witness and offers him as  In order to be liable for this crime, whether it be the act
evidence in court can be held liable under of solicitation or the act of attempting to cause bidders
Article 184 or he can be held liable as a to stay away from public auction, it is necessary that
principal by inducement in false testimony or the intention of the offender is to cause the reduction
as a principal by inducement in perjury; of the price of the thing which is the subject of the
therefore subornation of perjury is not public auction. The acts complained of must be done
necessary and it is not a crime under for the purpose of reducing the price of the thing
Philippine jurisdiction, under the RPC. being auctioned.

ARTICLE185 – MACHINATIONS IN PUBLIC AUCTIONS  In public auction, it is necessary that the public must
 There are two acts punishable under Article 185 be able to get the best price for the thing being
I. SOLICITING GIFT OR PROMISE auctioned. If there will be less bidders, less
 By soliciting any gift or promise as a participants in the said public auction, then the public
consideration for refraining from taking will not be able to get the best price for the thing
part in any public auction. subject of the public auction. Here, if the non-
 The mere act of soliciting any gift or participation of the other bidders was caused by a
promise, so that he will refrain from person, then he is liable under Article 185. Again, the
taking part of the public auction, will intention of the offender is to cause the reduction of
already give rise to the crime. It is not the price of the thing which is the subject of the public
necessary that he actually received the auction.
gift, it is not necessary that he actually
will not participate in the said auction.
ELEMENTS: ARTICLE186 – MONOPOLIES AND COMBINATIONS IN
1. There be a public auction. RESTRAINT OF TRADE

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 Acts punished: So if the offender is a juridical entity, who shall be
I. COMBINATION TO PREVENT FREE held liable?
COMPETITION IN THE MARKET  The president, the directors or any of the
 This is committed by any person who members of the said corporation, association
shall enter into any contract or or partnership, who knowingly permitted and
agreement or taking part in any allowed this combination or monopoly in
combination whether in the form of trust restraint of trade or commerce. Note that they
or otherwise, in restraint of trade or must have knowingly permitted the same
commerce or to prevent by artificial otherwise, they cannot be held criminally
means free competition in the market. liable.
II. MONOPOLY TO RESTRAIN FREE
COMPETITION IN THE MARKET  If the objects, which are the subject of this monopoly or
 This is committed by monopolizing any combination in restraint of trade or commerce are
merchandise or object of trade or prime commodities such as food, motor fuel,
commerce or by combining with any lubricants, it is not even necessary that there be
other person or persons in order to alter conspiracy. A mere proposal, a mere intial step to
the prices thereof by spreading false hoard, to prevent free competition in the market
rumors or making use of any other will already give rise to the crime.
artifice to restrain free competition in the
market. ARTICLE187 – IMPORTATION AND DISPOSITION OF
III. MANUFACTURER, PRODUCER, OR FALSELY MARKED ARTICLES
PROCESSOR OR IMPORTER COMBINING,  Committed by any person who shall imports, sells or
CONSPIRING OR AGREEING WITH ANY disposes any article or merchandise made of gold,
PERSON TO MAKE TRANSACTIONS silver, other precious materials, or their alloys
PREJUDICIAL TO LAWFUL COMMERCE ELEMENTS:
OR TO INCREASE THE MARKET PRICE 1. The offender IMPORTS, SELLS or DISPOSES
OF MERCHANDISE any article or merchandise made of gold,
silver, other precious materials, or their alloys
 The FIRST TWO ACTS under Article 186 can be 2. That the STAMPS, BRANDS, or MARKS of
committed by any person and not necessarily by those articles or merchandise FAIL TO
manufacturers, producer or processors. The THIRD INDICATE the actual fitness or quality of said
ACT however, can be committed only by metals or alloys
manufacturers, processors, producers and importers 3. The OFFENDER KNOWS that the stamps,
who combined with any other person or persons in brands or marks fail to indicate the actual
order to commit a transaction prejudicial to lawful fitness or quality of the metals or alloys.
commerce or to increase the market price of any
merchandise or object of commerce  This is considered a criminal act because the offender,
despite knowing that the articles or merchandise that
 Whether it be the first, second or third act, the mere he imported are misbranded, he still imports the same,
conspiracy in order to restrain or to prevent free sells the same or disposes the same
competition will already give rise to the crime. It is not
necessary that there be actual restraint in trade or  Mere importation is a punishable act; therefore it is not
commerce. necessary for the offender to become liable under
Article 187 that he must have sold the misbranded
ILLUSTRATION: articles or that he must have disposed the article
Q: What if Petron, Caltex and Shell connived, combined because mere importationwill already give rise to
and agreed with one another to hoard fuel. They know that the crime.
the fuel prices will increase by March and so they decided
to hoard it. Can they be held liable under Article 186?
 Juridical corporations cannot be the subject of TITLE FIVE
criminal action. First, it cannot be said that juridical CRIMES RELATIVE TO OPIUM AND OTHER
persons can act with intent. Second, you cannot PROHIBITED DRUGS
imprison a juridical person in case of conviction.

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COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 operation. It is an entrapment procedure which is allowed
(RA 9165) by law. Here, the criminal/evil intent originated mainly from
the offender himself that’s why it is not considered as an
SECTION 4 – IMPORTATION OF DANGEROUS DRUGS absolutory cause. Here, the Police Officers employed
AND/OR CONTROLLED PRECURSORS AND means and methods to entrap and capture the criminal in
ESSENTIAL CHEMICALS flagrante that is in the actual act of committing the crime.
 Is committed by: So what if in the buy bust operation, the accused drug
Any person, who, unless authorized by seller was arrested. In the said operation, the informant
law, shall import or bring into the Philippines any acted as the posuer buyer. He was given marked money.
dangerous drug, regardless of the quantity and The policemen ran into the place of the drug seller. Only
purity involved. the poseur-buyer knocked at the door of the drug seller.
The drug seller came out and the poseur-buyer said that he
 In one Supreme Court decision, it held that: For wanted to buy dangerous drugs in the amount of P200. The
one to be liable for importation of dangerous drug seller said okay and gave 2 plastic sachets of
drugs, it is necessary to be proven that the dangerous drugs to the poseur buyer. However, the
dangerous drugs that were taken in a vessel came poseur-buyer without having given the marked money yet
from a foreign country with the said dangerous to the drug seller negligently removed his eyeglasses so
drugs on board the said vessel; therefore the the Police officers thought that that was the signal that the
prosecution must prove that the vessel which sale has been consummated. They arrived at the said
came into the Philippine ports had with it the place and arrested the drug seller. The marked money was
dangerous drugs. Only then can it be said that not given to drug seller. Does that constitute his acquittal?
the dangerous drugs have been imported from
another country. A: No provided that all the elements are
present:
SECTION 5 – SALE, TRADING, ADMINISTRATION,
DISPENSATION, DELIVERY, DISTRIBUTION AND Note that the second element only requires the
TRANSPORTATION OF DANGEROUS DRUGS AND/OR crime must be established. The corpus delicti and
CONTROLLED PRECURSORS AND ESSENTIAL the price must be established. It does not require
CHEMICALS that there must be giving of the price/money. It
suffices that the crime was established.
Selling Dangerous Drugs
 Act of giving away any dangerous drug and/or When the poseur-buyer said that he wants to buy
controlled precursor and essential chemical illegal drugs for P200, the price has already been
whether for money of any other consideration. established. Therefore, all the elements will suffice
even if the marked money has not been given by
ELEMENTS OF SALE OF ILLEGAL DRUGS: the buyer to the seller. In fact, even if the marked
1. The identity of the buyer and the seller money is not presented in court it will not be a
 It is necessary that the identity of the hiatus on the evidence of the prosecution provided
buyer and the seller are clearly that the police officers and the witnesses were
identified. able to prove the crime of illegal sale of dangerous
2. The object and the consideration drugs.
3. The delivery of the thing sold and the payment
thereof Q: How about the poseur-buyer? Is it necessary for the
 Because if the dangerous drugs had poseur buyer to testify in court? What if the prosecutor
not been delivered, the third element failed to have the poseur-buyer testify in court? Does it
is lacking, the sale is abds forted, mean to an acquittal?
there is only ATTEMPTED ILLEGAL
SALE of dangerous drugs not A: The testimony of the poseur-buyer is not
consummated illegal sale of indispensable in a case of illegal sale of
dangerous drugs because the third dangerous drugs. It is not indispensable because
element is lacking. the transaction can be proven by the other police
officers who have witnessed the transaction.
Q: What if a person has been prosecuted for Illegal sale of However if the seller denies the existence of the
Dangerous Drugs. The said operation was a buy bust said transaction; it is the incumbent upon the

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CRIMINAL LAW 2
prosecution to grove the said transaction by the  Are the owners, persons maintaining the said
presentation the said poseur-buyer. dangerous drug dens are only the ones who are
criminally liable?
General Rule: The testimony of the poseur-buyer  Under Section 7 of the act, even the
is not indispensable in a case of illegal sale of employees who are aware of the nature of the
dangerous drugs. said den, dive or resort for the use and sale of
Exemption: When the accused denies the dangerous drugs are also criminally liable.
existence of the said transaction. If the Likewise, even persons who are not
prosecution failed to present the poseur-buyer to employees which knowingly visit the same
testify in court, it will amount to the dismissal of place despite the knowledge of the nature of
the case. such den, dive, or resort are also criminally
liable.
Q: Let’s say there is this cigarette vendor on the side walk
and here comes a man who parked his car near the side Q: What if the said den, dive, or resort is owned by a third
walk. He called the cigarette vendor and told the cigarette person? Let’s say A and B rented a house. After giving the
vendor to deliver a package to the man inside the car which down payment, A and B went to the said house. A and B
is parked on the other side of the street. He told the used the house as a den for illegal sale of dangerous
cigarette vendor that he will give him P1000 if the he drugs. The police officers were able to secure a warrant
agreed to deliver the package to the man inside the car and A and B were arrested. Can the owner of the said
which is parked at the other side of the street. The cigarette house be criminally liable for the maintenance of the said
vendor asked the man what is inside the package however den? How about the house? Can it be forfeited in favor of
the man said “it’s none of your business to know what’s the government?
inside that. I will give you P1000 if you deliver this to the
man inside that car parked at the other side of the street.” A: Under Sec. 6, the said den, dive, or resort for
So the cigarette vendor with the P1000 got the bag and the use of illegal sale of dangerous drugs shall be
delivered it to the man at the other side of the street. He escheated in favor of the government provided
knocked at the window and the man lowered his window. that the following circumstances concur:
However at the time of the said delivery the police officers 1. The information must allege that the said
arrived and arrested the cigarette vendor. Can he be place is intentionally being used in
prosecuted for delivery of dangerous drugs? Can he be furtherance of illegal sale/use of
convicted for delivery of dangerous drugs? dangerous drugs.
2. Such intent must be proven by the
A: He can be prosecuted for delivery of prosecutor.
dangerous drugs however it is a defense on his 3. The owner of the said house must be
part that he has no knowledge that the thing he is included as an accused in the
delivering is dangerous drugs because under RA information or complaint.
9165, delivering has been defined as the act of If these 3 elements are present; then the said
knowingly passing a dangerous drug to another, house shall be confiscated and escheated in
personally or otherwise, and by any means, with favor of the government.
or without consideration. Therefore it is necessary
that the one delivering dangerous drug must have SECTION 8 – MANUFACTURE OF DANGEROUS
the knowledge of the thing that he is delivering is DRUGS
dangerous drug.  The presence if any controlled precursor and
essential chemical or laboratory equipment in the
DELIVER – an act of knowingly passing a dangerous drug clandestine laboratory is a prima facie evidence of
to another, personally or otherwise, and by any means, manufacture of any dangerous drug.
with or without consideration.
SECTION 11 – ILLEGAL POSSESSION OF
SECTION 6 – MAINTENANCE OF A DEN, DIVE, OR DANGEROUS DRUGS
RESORT
 Any person who maintains a den, dive, or resort ELEMENTS OF POSSESSION OF ILLEGAL
for the use of illegal drugs are liable under this DRUGS:
section. 1. The accused was in possession of prohibited
drug

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 In illegal possession of dangerous drugs; using dangerous drugs. He is therefore liable for
the word possession does not only Illegal Possession of Drug Paraphernalia.
mean actual possession of the
dangerous drug in his body. It suffices Q: What if a person was found in possession of drug
that the said dangerous drug is found in paraphernalia can they avail the benefit of probation?
a place under the control and
A: Yes he can avail for probation. The penalty
dominion of the said offender.
prescribed by law for illegal possession of drug
paraphernalia’s is an imprisonment ranging from 6
Q: By virtue of a search warrant the police officers months and 1 day to 4 years which is within the
conducted a search in the house of A to look for cocaine. probationable penalty. Under Sec. 24 of R.A.
They looked inside the bedroom and underneath the pillow 9165, any person convicted for drug pushing and
on the bedroom of A, the found several sachets of cocaine. drug trafficking, regardless of the penalty imposed
Can it be held that A is in possession of the said drugs? by the Court, cannot avail for probation.

So under Sec. 24; only those who are convicted of


A: Yes because it is under his control drug pushing and drug trafficking which cannot
and dominion. Possession does not only avail for probation therefore for any other violation
mean physical or actual possession. It of Dangerous Drugs Act, for as long as the
also means as constructive possession penalty imposed by the court is 6 years and
for as long as the dangerous drugs is below, he can avail for the benefit of probation.
But if he is a drug trafficker/ pusher, one who is
under his control and dominion.
engaged in selling dangerous drugs, he cannot
avail of the benefit of probation even if the penalty
2. Such possession is not authorized by law imposed by the court is within the probationable
 The offender is not authorized by law to penalty because it is expressly prohibited by Sec.
possess such drugs. Dangerous drugs 24 of RA 9165.
are per se contraband. They are per se
illegal items. The presumption is that SECTION 13 – ILLEGAL POSSESSION OF
such possession is without authority of DANGEROUS DRUGS DURING PARTIES, SOCIAL
law. Therefore the burden of proof is on GATHERINGS OR MEETINGS
the accused to prove that he has the  in Sec. 13, if any person was found in possession
authority to possess unlike illegal of dangerous drug in a party, social gatherings or
possession of firearms. Illegal meetings, or in the proximate company of at least
possession of firearms is not per se two (2) persons; the maximum penalty prescribed
contraband therefore in illegal by law shall be imposed.
possession of firearms, it is the
prosecution who has the burden of proof SECTION 15 – ILLEGAL USE OF DANGEROUS DRUGS
that the said person lacks license. ELEMENTS OF ILLEGAL USE OF
DANGEROUS DRUGS:
3. The accused freely and consciously 1. The offender was apprehended/ arrested in
possessed the prohibited drug the actual use of dangerous drugs.
 There must be an animus posidendi on  The first element requires that the
the part of the said accused. This animus offender must be actually using,
posidendi on the part of the accused is a sniffing the dangerous drugs.
prima facie presumed by law. The
moment a person was found in 2. After a confirmatory test; he was found to be
possession of dangerous drugs, the positive for use of any dangerous drugs.
presumes that the person knows that the  He was at the PNP Crime Lab and
thing in his possession is dangerous after the confirmatory test, he was
drugs. found to be positive for use of
dangerous drugs.
SECTION 12 - ILLEGAL POSSESSION OF DRUG
PARAPHERNALIA 3. No other amount of dangerous drugs must be
e.g. A person was found in possession of empty found in his possession.
plastic sachets and other instruments used for  If any other amount of dangerous
drugs was found in his possession,

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then the proper charge would no 2. There must be a picture taking of the dangerous
longer be illegal use but illegal drugs in the presence of the accused or from the
possession of dangerous drugs. person whom the dangerous drugs have been
confiscated or in the presence of his counsel, a
Q: The police officers saw a man snatched the cell phone representative from the media, a representative
of a woman. Since the police officers saw the man in from the Department of Justice, and an elected
committing the crime inflagrante delicto of actual act of public official.
snatching and the man runaway, they followed the man. 3. The elected public official must be required to sign
The man entered the house. The police officers upon the inventory list and shall be given a copy of the
entering the house saw 3 men on a round table; they were same.
in the actual act of sniffing shabu. They were arrested and
they were asked to stand up and fold their arms up and
they were searched. Upon the search, they found out that Q: What if the police officers failed to comply with this
these 3 men; each of them was found a sachet of illegal procedure? In People vs. Sta. Maria, the police officers
drugs in their pockets aside from the dangerous drug that failed to comply with this procedure however there was
they were using. What cases will you file against the 3 conviction. However, in the case of Dolera vs. People; the
men? police officers failed to comply with Sec. 21 procedure and
this time there was an acquittal. Why is there an acquittal in
A: Illegal Possession of Dangerous Drugs. No the case of Dolera and why is there a conviction in the case
illegal use of dangerous drugs because the third of Sta. Maria?
element is one thing. Let’s say after the
confirmatory test they were found to be positive A: The Supreme Court held that even if there is
however 3 elements must concur: 1st element: failure to comply with the procedure underlined in
They were caught in the actual act of sniffing Sec 21 of RA 9165 by the arresting officers, there
shabu. 2nd element: After confirmatory test they will still be conviction if the said non-compliance is
were found positive of the use of dangerous drugs due to justifiable reasons and provided that the
however the 3rd element is lacking because they police officers were able to preserve the integrity
found to have in their possession a plastic sachet and evidentiary bond of the confiscated
of other dangerous drugs other than the one they dangerous drugs this is in consonance with the
used. Therefore the proper crime charged is illegal chain of custody rule.
possession of dangerous drugs.
If the police officers were not able to comply with
SECTION 21 – PROCEDURE IN THE SEIZURE AND the procedure due to justifiable cause, they must
CONFISCATION OF DANGEROUS DRUG be able to preserve the integrity and evidentiary
bond of the confiscated dangerous drug that is;
The apprehending team which has the initial right after confiscation, it must be marked to
possession of the seized/confiscated dangerous drugs ensure that it was the dangerous drugs taken from
shall: the accused and must be turned over to the
1. Inventory the dangerous drugs forensic laboratory for testing.
2. Take photographs of the same in the
presence of the accused or from the CHAIN OF CUSTODY RULE
person whom the dangerous drugs  What is the Chain of Custody rule? (People v
have been confiscated or in the Gutierrez)
presence of his counsel, a  It is defined as the duly recorded authorized
representative from the media, a movements and custody of dangerous drugs
representative from the Department from the time of confiscation/seizure to the
of Justice, and an elected public receipt in the forensic laboratory to
official who shall be given a copy of safekeeping to presentation in court for
the said inventory and who shall be destruction.
required to sign the same.
 What is the purpose Chain of Custody rule?
Procedure:  The purpose of Chain of Custody rule is to
1. Upon seizure/ confiscation of dangerous drugs, ensure that the dangerous drug
the same must be stated in the inventory list. seized/confiscated from the accused is the

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very same dangerous drug which has
been tested by the forensic chemist and it SECTION 26 –ATTEMPT OR CONSPIRACY
is the very same dangerous drug  Express exception to the general rule that in case
presented in court that is; there has been of violation of a penal law, there are no stages and
no substitution of evidence. there is no conspiracy.
 Dangerous drugs are so small. There can be
a replacement of the effects therefore this  As a rule, in case of violation of penal law, we have no
Chain of Custody rule will ensure that there attempted stages. In violation of special penal laws,
will be no substitution of the very same conspiracy unless expressly provided because these
dangerous drug seized/confiscated from the are only for violation of the RPC, for felonies. One of
accused at the time that they were presented those exceptions is under Section 26 of RA 9165.
to the court. Under Section 26 of RA 9165, any attempt or
conspiracy of any of the following acts shall be
Q: What if a person is charged for illegal possession of punished already by penalty prescribed by law:
dangerous drugs and during his arraignment, he pleaded
not guilty and during the pre-trial, he said that he will 1. Importation of any dangerous drug;
change his plea if he will be allowed to plead guilty for a 2. Sale, trading, administration, delivery,
lesser offense of illegal possession of drug paraphernalia. distribution, transportation of dangerous drug;
So he wanted to avail of the plea-bargaining rule under the 3. Maintenance of a den, dive, or resort where
rules of court. Under the plea-bargaining rule, you can any dangerous drug is used in any form;
plead guilty to a lesser offense provided that the said lesser 4. Manufacture of any dangerous drug;
offense is necessary included in the offense charged. Here, 5. Cultivation or culture of plants which are the
the charge is illegal possession of dangerous drugs; can he sources of dangerous drugs.
plead for a lesser offense of illegal possession of drug
paraphernalia?  If any of these acts mentioned is committed by the
offender, a mere attempt; or conspiracy will
A: He cannot because Sec. 28 of R.A. 9165 already give rise to the crime as an exception to
provides that any person charged in violation of the rule that in case of violation of penal law, there
any of the crimes charged under this act cannot are no stages in the commission of the crime and
avail of the plea-bargaining under the rules of conspiracy will not lie. So if any of the crime
court. Therefore any person charged in violation of committed is any of these five acts, mere attempt
any of the punishable acts under R.A. 9165 will lie against the offender, conspiracy will lie
cannot plead guilty to a lower offense. against the offender.

As held in the case of People v Rolando Laylo, the


SECTION 25 – A POSITIVE FINDING FOR THE USE OF charge was only attempted illegal sale of dangerous drugs.
DANGEROUS DRUGS SHALL BE A QUALIFYING The sale was aborted because even before the said drug
AGGRAVATING CIRCUMSTANCE poseur was able to transfer the dangerous drug to the
police officer, the police officers already introduced
Q: A killed B. The police officers arrested A and they themselves as such and arrested him. As such, we only
brought him to the crime lab to be tested for the use of have attempted illegal sale of dangerous drugs.
illegal use of dangerous drugs. After testing, he was found
positive for the use of dangerous drugs. What is the effect SECTON 98 – LIMITED APPLICABILITY OF THE RPC
of it in the criminal liability of A?  In Book I, under Article 10, the provisions of the
A: Sec 25 states the a positive finding for the use RPC shall apply suppletorily or supplementarily to
of dangerous drugs shall be a qualifying the provisions of the special penal laws UNLESS
aggravating circumstance. the special penal law provides otherwise.
 One of the exceptions is provided for in Sec 98 of
 What is the effect of a qualifying aggravating RA 9165, it is provided that the provisions of RPC,
circumstance? as amended, shall not apply to the provisions of
 It changes the nature of the crime or even RA 9165. The law uses the word shall; therefore
without changing the nature of the crime it will you cannot apply the provision of RPC to the
bring about a higher imposition of penalty. provisions of RA 9165.

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 Exception to Section 98: If the offender is a minor Q: So let us say that A and B are boyfriend and girlfriend
offender. and it is their anniversary. They went to Luneta Park and
 Where the offender is a minor, the penalty at exactly 12 midnight, in the middle of Luneta Park, they
engaged in sexual intercourse. No one witnessed their
for acts punishable by life imprisonment to
sexual intercourse. Are they liable for grave scandal?
death provided shall be reclusion perpetua A: YES. They are liable for grave scandal. They
to death. have the right to engage in sexual conduct but the
fact that they performed the sexual conduct in
TITLE SIX Luneta Park, a public place makes the act
CRIMES AGAINST PUBLIC MORALS (Articles 200 – offensive to public morals, decency and good
202) customs and the said act does not constitute any
other violation in the RPC because they have the
ARTICLE200 – GRAVE SCANDAL right to engage in sexual intercourse. Therefore,
Grave Scandal – a highly scandalous act the crime committed is grave scandal because
offensive to good morals, good customs and they performed the act in a public place even if no
decency committed in a public place or within one saw the commission of the said act still, still
public knowledge or public view. because it is performed in a public place , it is
ELEMENTS: presumed that someone may have seen the
1. The offender performs an act or acts commission of the highly scandalous act.

2. Such act or acts be HIGHLY SCANDALOUS as Q: So what if a wife and a husband, celebrating their
offending against decency or good customs anniversary, engaged in sexual intercourse in their terrace.
 It is necessary that the act must be So the act is committed in their premises, in the terrace of
highly scandalous and offensive to their house. However, the gate was open and so passersby
morals, offensive to decency and would see them performing the sexual intercourse. Are
offensive to good customs. they liable for grave scandal?
3. That the highly scandalous conduct is not A: YES. They are liable for grave scandal. The
expressly falling within any other article of this said act does not constitute another offense in the
Code. RPC because they have the right to engage in
 The third element requires that it must sexual conduct. The sexual conduct was
not expressly fall within any other performed in the privacy of their home however;
article of this code. It must not people witnessed the commission of the said act.
constitute any other violation in the It now becomes a highly scandalous act because
RPC. Grave scandal is a crime of it is within the knowledge of the public or within
last resort because you only file a public view.
complaint for grave scandal when the
said act is not punishable under any Q: What if A and B are boyfriend and girlfriend. The
other article in the RPC. girlfriend is 11 yrs old and the boyfriend is 21 yrs old. And
4. The act or act complained of be committed in a because it is their monthsary the girlfriend thought of giving
public place or within the public knowledge or herself as a gift and engaged in sexual intercourse in a
view. public place Are they liable for grave scandal?
 Then the fourth element provides that A: NO. They are not liable for grave scandal. The
the highly scandalous act must be man is liable for statutory rape. A man who had
committed either in a public place or sexual intercourse with a child under 12 years of
within public knowledge or view. If the age, regardless of the consent, regardless of the
highly scandalous act is committed in willingness of the said child, the man is liable for
a public place, the crime of grave statutory rape. Because in so far as criminal law is
scandal will immediately arise. The concerned, a child under 12 yrs old has no
place being public, the law presumes intelligence of his/her own and is not capable of
that someone may have witnessed giving a valid consent. Therefore, even if the girl
the commission of the highly voluntarily gave herself in so far as the law is
scandalous act. However, if the crime concerned, it is still statutory rape. It is not grave
is committed or if the highly scandal because the third element is wanting. The
scandalous act is committed in a said act fall under the violation of article of RPC
private place, for the crime of grave that is under article 266-A for rape. As I said,
scandal to arise, it is necessary that it grave scandal is a crime of last resort. You only
must be witnessed by one or more charge it when the crime committed does not
persons to be said that it is within the constitute any other violation in the RPC.
public knowledge or public view.
ARTICLE201 – IMMORAL DOCTRINES, OBSCENE
ILLUSTRATION: PUBLICATIONS AND EXHIBITIONS, AND INDECENT
SHOWS

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Punishes: ARTICLE203 – PUBLIC OFFICERS
I. Public proclamations of doctrines openly contrary REQUISITES TO BE A PUBLIC OFFICER:
to public morals 1. One must be taking part in the performance of
II. Publication of obscene literature. In case of
public functions in the Government or one
publication of obscene literature, it is the author,
the editor, the owner or proprietor of the must be performing in said Government or in
establishment that sells the said materials SHALL any of its branches public duties as an
BE HELD CRIMINALLY LIABLE. employee, agent or subordinate official, of any
III. The third act punished is the exhibition of indecent rank or class; and
shows, plays, scenes or acts in fairs, theaters, 2. That his authority to take part in the
cinemas or any other places. performance of public functions or to perform
IV. Selling, giving away or exhibiting films,,
public duties must be –
engravings, sculptures or literature which are
offensive to public morals. a. by direct provision of the law; or
b. by popular election; or
ILLUSTRATION: c. by appointment by competent authority
Q: So what if there is this building, when the person
entered the said building, on the floor of the said building Whenever a person applies to a public office, he has the
were these magazines. And the magazines contain men so-called, OATH OF OFFICE. If he is high-ranking official,
and women engaging in sexual intercourse, naked women
the oath is also before a high-ranking official. If he is a
and men, and other obscene materials. Who shall be held
liable when the place was raided by the police? cabinet secretary, the oath is before the President or to the
A: The author of the said literature, the editors Supreme Court Chief Justice. If he is only an ordinary
publishing such literature and the owner or employee, still he has oath of office. It is a document which
proprietor of the establishment where the said is entitled, “OATH OF OFFICE”, he merely signs it.
magazines were being sold. They will be held
criminally liable under Article 201.
Felonies under TITLE SEVEN are felonies in violation of
VAGRANTS AND PROSTITUTES (ART 202) this oath of office, they can either be:
Q: Let us say that there is this man, a healthy man and he NON-
MISFEASANCE MALFEASANCE
can look for work but he does not want to work. So he was FEASANCE
just roaming around and he saw houses of prostitutes or A public officer A public officer
houses of ill-fames and he is always in this places. Can he performs an knowingly,
A public officer
be held liable for vagrancy? official acts in a willfully refuses
performs in his
A:NO, because vagrancy has been manner not in or refrains from
public office an act
decriminalized by R.A. No. 10158 which was accordance with doing an act
prohibited by law.
approved on March 27, 2012. We no longer have what the law which is his
the crime of vagrancy. No person can longer be provides official duty to
prosecuted for being a vagrant. do.
(GN: Performance
(GN: Improper
of some act which
 How about prostitution? Is there still a crime performance of
ought not to be
(GN: Omission
for prostitution? some act which of some act
done
 YES. might be lawfully which ought to
done) be performed)
 ARTICLE 210-
 Who is a prostitute? 211
 A prostitute is any woman who, for money or  ARTICLE 204  ARTICLE
profit, indulges in sexual intercourse or TO 207 208
lascivious conduct. So it is the work or job of
a woman. Note that the law defines it to be a ARTICLE204 – KNOWINGLY RENDERING UNJUST
woman therefore; a man cannot be JUDGMENT
considered a prostitute. Before, if a man ELEMENTS:
engages in sexual intercourse or lascivious
1. The offender is a judge
conduct he can be punished under Article 202
but now since vagrancy has been 2. That he renders a judgment in a case submitted
decriminalized by R.A. No. 10158, he can no to him for decision
longer be prosecuted. Only prostitutes who 3. That the judgment is unjust
are woman. 4. The judge knows that his judgment is unjust

TITLE SEVEN UNJUST JUDGMENT – is one which is contrary to law, or


CRIMES COMMITTED BY PUBLIC OFFICERS (Articles one that is not supported by evidence or both.
203 – 245)  The source of unjust judgment can either be mere
error or ill-will. If the source of an unjust judgment is

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CRIMINAL LAW 2
mere error on the part of the judge, then the said judge b. renders a manifestly unjust
is not civilly, criminally, and administratively liable. interlocutory order or decree through
inexcusable negligence or ignorance
ILLUSTRATION:
In a case submitted to him for decision, the judge ARTICLE207 – MALICIOUS DELAY IN THE
wrongfully interpreted a provision of law. It is a new law, ADMINISTRATION OF JUSTICE
there is no jurisprudence yet, the judge wrongfully ELEMENTS:
interpreted it. The judge cannot be held civilly, 1. The offender is a judge
administratively, and more so, criminally liable. The said 2. There is a proceeding in his court
judgment is an unjust judgment because it was based on 3. He delays the administration of justice
this error in the interpretation of the law. However, there 4. The delay is malicious, that is, delay is caused
was no intent on the part of the said judge. Considering the by the judge with deliberate intent to inflict
basis of the unjust judgment is mere error. The said judge damage on either party in the case.
acted in good faith.
If however, the unjust judgment is based on bad ARTICLE208 – PROSECUTION OF OFFENSES;
faith, that is, it is based on ill-motive on the part of the said NEGLIGENCE AND TOLERANCE
judge, therefore, he can be held liable criminally, civilly and  ACTS PUNISHABLE:
administratively I. By maliciously refraining from instituting
prosecution against violators of the law
- For him to be criminally liable, knowing that he Note that the first crime, he knows that a
rendered an unjust judgment, it is necessary that
crime was committed but he does not
the unjust judgment is rendered out of ill-motive
or bad faith, out of greed, revenge, envy, or any prosecute the offender;
other ill-motive. Hence he is known to have II. By maliciously tolerating the commission
rendered an unjust judgment. of offenses
the second act, a crime was about to be
BASED ON MERE ERROR – no criminal, no civil, no committed, he tolerates its commission. It
administrative liability must be done with MALICE. Absent
malice, Article 208 will not apply.
ARTICLE205 – JUDGMENT RENDERED THROUGH
NEGLIGENCE ELEMENTS OF DERELICTION OF DUTY IN THE
This is again committed by a judge, who in a case PROSECUTION OF OFFENSES:
submitted to him for decision, renders manifestly unjust 1. That the offender is a public officer or officer of
judgment. the law who has a duty to cause the prosecution
ELEMENTS: of, or to prosecute, offenses.
1. The offender is a judge 2. That there is a dereliction of the duties of his
2. That he renders a judgment in a case submitted office; that is knowing the commission of the
to him for decision crime, he does not cause the prosecution of the
3. That the judgment is manifestly unjust criminal or knowing that a crime is about to be
4. The it is due to his inexcusable negligence or committed, he tolerates its commission.
ignorance 3. That the offender acts with malice and
deliberate intent to favor the violator of the law.
MANIFESTLY UNJUST JUDGMENT – means that it is
evident that a judgment is unjust. A first year law student  Otherwise known as DERELICTION.
would know that it is unjust, therefore it is manifestly unjust  Can only be committed by a public officer or a officer
judgment, because he acted in inexcusable negligence or of the law who has the duty to cause the prosecution
ignorance. of or to prosecute the offenders. The said public officer
commits dereliction of duty in the prosecution of
offenses under any of the following circumstances:
ARTICLE206 – UNJUST INTERLOCUTORY ORDER a. knowing the commission of the crime, he
ELEMENTS: does not cause the prosecution of the
1. The offender is a judge criminal, or
2. That he performs any of the following acts: b. knowing that a crime is about to be
a. knowingly renders unjust interlocutory committed, he tolerates its commission
and the said offender acts with malice and
order or decree
deliberate intent to favor the violator of the
law

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 The dereliction of duty in the prosecution of offenses information from said client
cannot be committed by just any public officer.
 The public officer must be charged with the  Under Article 209, this betrayal of trust is IN ADDITION
prosecution of the cases or he is the one who can TO A PROPER ADMINISTRATIVE CASE which may
cause the prosecution of these offenders. be filed against an attorney or solicitor. So aside from
the criminal case in violation of Article 209, he can also
CHARGED WITH THE PROSECUTION OF THE be charged in a case also for disbarment, for violation
OFFENDERS: of lawyer’s oath of duty may be filed against him, and
- Fiscals these two cases can be proceeded at the same time.
- Prosecutors
- State Prosecutors
ILLUSTRATION:
THOSE WHO CAN CAUSE THE PROSECUTION OF THE A lawyer for 3 consecutive times, without any
OFFENDERS: justifiable reason, failed to file his formal offer of exhibits.
During the first time he was given 15 days, he failed to file,
- Judges
second time he was given 15 days, he failed to file. On the
- Barangay Chairman
third time, he was given 5 days still, he failed to file, without
- Persons in authority
giving any justifiable reason for his non-compliance with the
ARTICLE209 – BETRAYAL OF TRUST BY AN order of the court. By reason thereof, there is no evidence
ATTORNEY OR SOLICITOR – REVELATION OF in behalf of the defense of his client was admitted by the
SECRETS Court. Because only evidences offered may be admitted by
 ACTS PUNISHED AS BETRAYAL OF TRUST the court. And so, the judge convicted the accused, the
BY ATTORNEY: client was prejudiced because of the counsel’s malicious
breach of his professional duty. It is incumbent upon any
I. By causing damage to his client, either
counsel to file a pleading within the reglementary period
a. by any malicious breach of
provided by law or required by the court.
professional duty
- For failing to do so without any justifiable reason,
b. by inexcusable negligence or
he caused damage to his client by malicious
ignorance breach of his professional duty.
 THERE MUST BE DAMAGE TO HIS
CLIENT Q: What if Atty. A was the counsel of X, he was behind
II. By revealing any of the secrets of his bars for the crime of kidnapping for ransom. Atty. A visited
client learned by him in his professional X to ask the facts of the case in order for him to study and
capacity. to nput up a good defense. During their conversation, X
 DAMAGE IS NOT NECESSARY informed his counsel, Atty. A that there will be another
kidnapping tomorrow night at 9PM in Quezon City, to be
III. By undertaking the defense of the done by his other gang mates who were at large. Atty. A,
opposing party in the same case, without upon knowing this information from his client X,
the consent of his first client, after having immediately went to the police officers of Quezon City in
undertaken the defense of said first client order to pre-empt the commission of the crime. Is Atty. A
or after having received confidential liable for the second act because he divulged the secrets of
information from said client. his client which he learned in his professional capacity?
 IF THE CLIENT CONSENTS TO A: Atty. A is not liable under Article 209. The
THE ATTORNEY’S TAKING THE secrets being referred to under Article 209 refers
DEFENSE OF THE OTHER PARTY, to the past crimes of the said client and it refers
THERE IS NO CRIME to the facts and circumstances related to the
crime which is being handed by the said
Attorney or counsel.
ELEMENTS:
1. Causing damage to his client, either: It does not refer to future crimes that are still
a. by any malicious breach of professional duty about to be committed. When a lawyer takes his
b. by inexcusable negligence or ignorance
oath of office, he says, or he promise, he swears
2. Revealing any of the secrets of his client learned
by him in his professional capacity that he shall be liable not only to the client, but
3. Undertaking the defense of the opposing party in also to the STATE, to the GOVERNMENT.
the same case, without the consent of his first
client or after having received confidential

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CRIMINAL LAW 2
It is his duty to the Government, to the State of 2. The offender accepts an offer or a
any future crime that is about to be committed promise or receives a gift or present
more than his duty to his client. Hence, in this by himself or through another.
3. That such offer or promise be
case, since it refers to a future crime, for the
accepted, or received by the public
protection of the state and the citizenry, it is officer with a view of committing
incumbent upon him to divulge, disclose or to some crime.
reveal the said secrets. 4. That the act which the offender
agrees to perform or which he
Q: What if A filed a case against B, Atty. X was the counsel executes be connected with the
of A, A failed to give Atty. X his appearance list for 5 performance of his official duties.
consecutive hearings, no appearance list. So Atty. X, filed a
II. By accepting a gift in consideration of the
motion to withdraw as counsel of A. The said motion to execution of an act which does not
withdraw was with the CONSENT OF A, because without constitute a crime, in connection with the
the consent of A, the said motion to withdraw will not be performance of his official duty.
granted by the court. So the court granted and Atty. X is no
longer the counsel of A. When B learned about this, went ELEMENTS:
immediately to the office of X and secured the services of 1. The offender be a public officer within
the scope of Article 203
X. Atty. X signed a contract and he is now the counsel of B. 2. The offender accepts an offer or a
Is Atty. X liable for betrayal of trust by an attorney? promise or receives a gift or present
A: Atty. X is liable for betrayal of trust by an by himself or through another.
attorney. He takes the case of B, the opposing 3. That such offer or promise be
party, even after he has already taken the case accepted, or received by the public
of A and after he has acquired valuable officer in consideration of the
execution of an act, which does not
information about his client. How can he prevent
constitute a crime, but the act must
himself from being convicted of the betrayal of be unjust
trust? 4. That the act which the offender
 He must first secure the consent of the agrees to perform or which he
said first client executes be connected with the
- In the said problem, there was no consent. The performance of his official duties.
said consent was only in the motion to withdraw.
The said consent in the motion to withdraw is not III. By agreeing to refrain, or by refraining,
the consent on the acceptance of the case. For from doing something which it is his
every motion to withdraw, there must be a official duty to do, in consideration of gift
consent written, otherwise the court will not grant or promise.
the motion to withdraw. The consent here is to ELEMENTS:
secure or to accept the service s of the other 1. The offender be a public officer within
party. the scope of Article 203
- Since consent was not given, he is liable for 2. The offender accepts an offer or a
betrayal of trust by an attorney. promise or receives a gift or present
 Just remember aside from betrayal of by himself or through another.
trust, an attorney or solicitor can also be 3. That such offer or promise be
held liable of administrative case. So accepted, or received by the public
there may be disbarment. officer to refrain from doing
 He can be disbarred or he can be something which it is his official duty
suspended by reason of committing any to do so.
of these acts. 4. That the act which the offender
agrees to perform or which he
ARTICLE210 – DIRECT BRIBERY executes be connected with the
 ACTS PUNISHABLE: performance of his official duties.
I. By agreeing to perform, or by performing,
in consideration of any offer, promise, gift Under the First Act - By agreeing to perform or
or present – an act constituting a crime, performing, in consideration of offer or promise, gift or
in connection with the performance of his
present any act constituting a crime in connection with
official duties.
ELEMENTS: the performance of his official duties
1. The offender be a public officer within - If the thing which the public officer is required to
the scope of Article 203 do, is an act which will constitute a crime, a mere
agreement to do so, will already give rise to
direct bribery. It is not necessary that he actually

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CRIMINAL LAW 2
commits the crime, it is not necessary that he that the 2 months salary will be given to him. The
actually receives the gift or present. said act is in connection with his performance of
 A MERE AGREEMENT WILL SUFFICE. his official duty. Therefore he is liable for direct
bribery. He actually performs the act, he actually
Likewise in the Third Act - By agreeing to
committed a crime, therefore he is also liable for
refrain or by refraining from doing an act which is his
the falsification of a public document because he
official duty to do, in consideration of an offer,
actually altered the birth date which is a very
promise, gift or present.
important date in the birth certificate so he is
- If the thing that a public officer is required to do,
also liable for the falsification of a public
is to refrain from doing an act which is his official
duty to do, a mere agreement to refrain to do an document.
act will already give rise to direct bribery. It is not Without the said bribe, the mother would not
necessary to refrain from doing an act, it is not have committed falsification, so are you going to
necessary to receive the said gift. complex them? because direct bribery is a
necessary means to commit falsification.
However, if the thing that a public officer is  Even if in reality, they should be complex
required to do, does not constitute a crime, under the because direct bribery is a necessary
Second Act, mere agreement will not suffice. There means to commit falsification, you cannot
must be actual acceptance of the thing. There must be complex them because ARTICLE 210
acceptance of the gift, in consideration of the execution of PROHIBITS SUCH COMPLEXITY OF
CRIMES.
an act which does not constitute a crime in connection with
the performance of his official duty. WHY?
Under Article 210, it is expressly provided that
- because the thing that he is being required to do the penalty for direct bribery shall be IN
is not a criminal act. It is his official thing to do,
but he doesn’t want to do it without the bribe first ADDITION TO THE LIABILITY FOR THE
to be given to him. So it is only upon CRIME COMMITTED. Here, he actually altered,
ACCEPTANCE OF THE BRIBE that criminal actually committed the crime, therefore his
liability for direct bribery will arise. liability for falsification is in addition for his
liability for direct bribery. Therefore, 2 separate
Whatever may be the act constituting direct distinct charges have to be filed against the civil
bribery, in order to amount to direct bribery, it must always registrar, we have direct bribery and the other
be in connection with the performance of his official duty. If one is falsification of the public document.
it is not in connection with his official duty, it could other
crime like estafa or swindling, but NOT DIRECT BRIBERY. The mother is liable for corruption of public
official (Art. 212). Direct bribery is the crime of
ACEJAS, III vs. PEOPLE the public officer who receives the bribe. On the
It is the second act of direct bribery that has been other hand, the private individual or the public
violated. The second act because it is the duty of the said officer who gives the bribe is liable for corruption
BID agent to return the passport. The duty to return the of public official under Art. 212. (Refer to Art.
passport is not a criminal act. It is also not an act of 212 – elements)
refraining to do so. But he does not want to perform the act
without the bribe, so he becomes liable under the 2nd act. The mother gives a promise under
circumstances in which the public officer
ILLUSTRATION: becomes liable for direct bribery. She is liable for
Q: What if a mother wanted her daughter to work in corruption of public official. The mother is also
another country. The daughter was still a minor, 16 years liable for falsification of a public document as a
old. So what the mother did, was to ask the civil registrar to principal by inducement. Without the bribe,
alter the birth date or the date in the certificate of live birth without the said inducement, the said public
with a promise that the first 2 months of the salary of the officer will not have committed the said
daughter will be given to the civil registrar. The civil falsification.
registrar altered the date in the birth certificate. What
crime/crimes is/are committed by the civil registrar and by ARTICLE211 – INDIRECT BRIBERY
the mother? ELEMENTS:
A: The civil registrar is liable for direct 1. The offender is a public officer
bribery because he agreed to perform an act 2. That he accepts gifts
constituting a crime in consideration of a promise

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CRIMINAL LAW 2
3. That the gifts are offered to him by reason of his chased him. The Police officer arrested him, however, he
office. gave the police officer P500,000 and told the police officer,
“Mr. Police officer, you saw nothing, you heard nothing.”
 Indirect Bribery is committed if the public officer And the police officer allowed him to leave. What
accepts any gift or present by reason of his office that crime/crimes is/are committed by the said police officer?
he owns. In case of indirect bribery, the public officer is A: The said police officer is liable for
not deemed required to do a thing. By the MERE
qualified bribery. The crime committed by the
ACCEPTANCE, indirect bribery is consummated. NO
ACCEPTANCE, NO CRIME IS COMMITTED. said man is murder, because obviously, in his
act of killing, there was treachery, the other party
ILLUSTRATION: was defenseless and obviously the said man
A is the newly appointed secretary of DENR. On his deliberately and consciously adopted the ways
first day of office, Mr. X visited him, paid a courtesy call. Mr. means and methods employed by him in killing
X is the president of a big logging company. They the victim. Since there was treachery, the crime
exchanged some pleasantries, thereafter, when this committed is murder, punishable by reclusion
president of the logging company left, he placed a small perpetua to death. His failure to arrest and
box on the table. When he left, the new DENR secretary prosecute this man constitute qualified bribery
opened the box and it was a key to a car parked in front of because he did so after accepting P500,000.
the building. The new DENR secretary used it and drove
the car Q: What if a police officer was conducting a patrol, he saw
- He is liable for Indirect Bribery. The president A and B fighting, boxing each other, killing each other, until
of the logging company does not require him to they already on the ground. In the course thereof, A pulls
do anything, it was merely given to him because out his balisong and stabbed B several times on the heart,
he was newly appointed as the DENR secretary. a vital organ. B died instantly. Thereafter, A ran away, the
His acceptance brings about consummated police officer tried to catch up with A and he was able to
indirect bribery; therefore, indirect bribery has no
arrest A. However A, gave the police officer P100,000. The
attempted or frustrated stage because outside
acceptance, no crime is committed. police officer allowed him to leave. What crime/crimes
is/are committed by the said police officer?
ARTICLE211-A – QUALIFIED BRIBERY A: The crime committed by A in killing B is
ELEMENTS: precedent by a fight, therefore it is merely
1. The offender is a public officer entrusted with homicide. Homicide is punishable only by
law enforcement reclusion temporal. Since it is only punishable by
2. The offender refrains from arresting or reclusion temporal, therefore, qualified bribery is
prosecuting an offender who has committed a not applicable.
crime punishable by reclusion perpetua and/or
death He committed direct bribery, because he
3. The offender refrains from arresting or accepts a bribe, in consideration of an act of
prosecuting the offender in consideration of refraining to arrest the said criminal. He actually
any promise, gift or present. refrain from arresting and prosecuting the
criminal, therefore in addition to direct bribery, he
 Qualified bribery is committed by any public officer who also committed dereliction of duty in the
is in charge with the enforcement of the law. So, in prosecution of offenses because he actually
order to amount to qualified bribery, it is necessary that committed dereliction of duty by refraining from
the offender whom the public officer does not want to arresting the person who has actually committed
prosecute must have committed a crime punishable by a crime. So this time, there are 2 crimes
reclusion perpetua and/or death.
committed:
ILLUSTRATION:  DIRECT BRIBERY (ARTICLE 210) AND
 DERELICTION OF DUTY IN THE
Q: A police officer was conducting a patrol. He saw a man PROSECUTION OF OFFENSES
behind the tree, looking at the other house adjacent to the (ARTICLE 208)
tree as if waiting for someone. So the police officer parked
his vehicle and observed what this man would do. The ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS
moment that a man came out of the gate of the house, this ELEMENTS:
man hiding behind the tree, immediately went directly to 1. The offender makes offers or promises or gives
him and shot him 5 times, and killing him instantly. Then, or presents to a public officer.
the said man rode a motorcycle and left. The police officer

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2. That the offers or promises are made or the  The law uses the conjunctive “or”;
gifts or the gifts or presents given to a public therefore, the fact that the offender
officer, under circumstances that will make the causes any undue injury to any party or
public officer liable for direct bribery or indirect the fact that the offender gave any party
bribery. unwarranted benefit, advantage or
preference, they can be charged
THE ANTI-GRAFT AND CORRUPT PRACTICES ACT distinctly or separately from each other.
(RA 3019)  The Supreme Court also stated that the elements
PUBLIC OFFICER - a public officer is any of Sec 3 (e) of RA 3019
elective and appointive officials and employees, UNDUE INJURY – means there must be an actual
permanent or temporary, whether in the classified damage caused to the offended party. Absent any
or unclassified or exemption service receiving actual damage caused to the offended party, then
compensation, even nominal, from the section 3 (e) is not violated.
government. (Sec 2, RA 3019)
(g) Entering, on behalf of the government, into any
JAVIER v SANDIGANBAYAN contract or transaction manifestly and grossly
Although Javier has been appointed as a disadvantageous to the same, whether or not the
representative of the private sector, in the book public officer profited or will profit thereby
publishing board attached to the office of the  The public officer entered into any contract or
president (NBDB), she is still considered as a transaction on behalf of the government. The
public officer; first, the said board functions as a said contract is manifestly and grossly
collegial body performing public functions; disadvantageous to the government.
second, according to SC, she was receiving
allowance, a salary even though nominal, from the In NAVA v PALLATTAO, the violation was Section 3 (g).
government. Hence, she considered as a public The DECS officials bought laboratory science materials
officer. and after COA audited, it was discovered that there was an
overpricing. The same is true in CAUNAN v PEOPLE
SECTION 3 – CORRUPT PRACTICES OF PUBLIC where Joey Marquez and company bought walis-tingting,
OFFICERS and according to the COA auditors, there was also
 IMPORTANT PROVISIONS OF SECTION 3: overpricing of these walis-tingting. But in the case of Nava,
(e) Causing any undue injury to any party including the there was conviction but in the case of Caunan, there was
government, or giving any private party any an acquittal.
unwarranted benefits, advantage or preference in the  Where lies the difference?
discharge of his official, administrative or judicial  In the case of Nava, the COA officials proved
functions through manifest partiality, evident bad faith the overpricing because they bought the very
or gross inexcusable negligence. same laboratory materials from the same
ELEMENTS: supplier where the DECS officials bought and
1. The said offender was in charge of his official, by reason thereof, it was discovered that
administrative or judicial function there was indeed an overpricing.
2. That he acted with manifest partiality, evident  However, in the case of Caunan, Joey
bad faith or gross inexcusable negligence Marquez bought from a different supplier than
3. The said accused caused any undue injury to where the COA officials bought. The COA
any party, including the government, or gave any officials bought from a Las Pinas supplier
private party unwarranted benefits, advantage, or which they compared with the price of walis-
preference in the discharge of his official tingting bought by Joey Marquez. Not only did
functions. they buy the said walis-tingting from a
different supplier, the walis-tingting bought by
SANTOS v PEOPLE COA officials was of different specifications
 The Supreme Court said that there are two acts from that of the walis-tingting bought by Joey
punished under Section 3 (e) of RA 3019: Marquez and company. Hence, the Supreme
1. Causing any undue injury; or Court said that prosecution was not able to
2. Giving any private party any unwarranted prove beyond reasonable doubt that there
benefit, advantage or preference was overpricing. Because the walis-tingting
bought by Joey Marquez was very much

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CRIMINAL LAW 2
different from the walis-tingting bought by the public officer in his official capacity has to intervene under
COA officials. They were not able to prove the law.
beyond reasonable doubt that there was
Note:
overpricing because of the difference in
 the lack of demand is immaterial, the law uses the
specifications.
word OR between requesting and receiving.
 There must be clear intention on the part of the public
 In both cases, there was NO PUBLIC BIDDING. officer and consider it as his or her own property from
then on. Mere physical receipt unaccompanied by
 Will the mere lack of public bidding bring about a any other sign, circumstance or act to show
violation of Section 3 (g) of RA 3019? acceptance is not sufficient to lead the court to
 The Supreme Court said that mere lack of conclude that the crime has been committed
 Refers to a public officer whose official intervention is
public bidding may mean that the government
required by law in a contract or transaction
was not able to get the best price for the thing
purchased. However, it does not bring
about a violation of Section 3 (g) because
(c) Directly or indirectly requesting or receiving any gift,
what Section 3 (g) requires is the transaction present or other pecuniary or material benefit, for himself or
must be manifestly and grossly for another, from any person for whom the public officer, in
disadvantageous to the government and any manner or capacity, has secured or obtained, or will
mere lack of public bidding will not show such secure or obtain, any Government permit or license, in
gross and manifest disadvantage. consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.
SECTION 4 – PROHIBITION ON PRIVATE INDIVIDUALS
 Under Section 4, it is unlawful for any private (d) Accepting or having any member of his family accept
employment in a private enterprise which has pending
individual who has a close personal relation official business with him during the pendency thereof or
to any public officer to request, ask or receive within one year after its termination.
present from any person in any case from
which the said public officer has to control. (e) Causing any undue injury to any party, including the
 Close personal relation does not only Government, or giving any private party any unwarranted
include family members. It also includes those benefits, advantage or preference in the discharge of his
who have social and fraternal relations; official administrative or judicial functions through manifest
therefore even a private individual who is not partiality, evident bad faith or gross inexcusable
in conspiracy of a public officer can be held negligence. This provision shall apply to officers and
employees of offices or government corporations charged
liable under RA 3019. with the grant of licenses or permits or other concessions.
 Not only public officers but also private
individuals can be held liable under RA 3019.
(f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable
Enumerated corrupt practices of Public Officials time on any matter pending before him for the purpose of
(a) Persuading, inducing or influencing another public obtaining, directly or indirectly, from any person interested
officer to perform an act constituting a violation of rules and in the matter some pecuniary or material benefit or
regulations duly promulgated by competent authority or an advantage, or for the purpose of favoring his own interest
offense in connection with the official duties of the latter, or or giving undue advantage in favor of or discriminating
allowing himself to be persuaded, induced, or influenced to against any other interested party.
commit such violation or offense.
(g) Entering, on behalf of the Government, into any contract
Persons liable: or transaction manifestly and grossly disadvantageous to
1. Public officer who persuades, induces, or the same, whether or not the public officer profited or will
influences another public officer; profit thereby.
2. Public officer who is persuaded induced or
influenced
Note: requesting or receiving any gift, present, or benefit is (h) Director or indirectly having financing or pecuniary
not required in this provision. interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
(b) Directly or indirectly requesting or receiving any gift, official capacity, or in which he is prohibited by the
present, share, percentage, or benefit, for himself or for any Constitution or by any law from having any interest.
other person, in connection with any contract or transaction
between the Government and any other part, wherein the (i) Directly or indirectly becoming interested, for personal
gain, or having a material interest in any transaction or act

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requiring the approval of a board, panel or group of which  There arises a prima facie presumption of graft
he is a member, and which exercises discretion in such and corrupt practices if a public officer has been
approval, even if he votes against the same or does not found to have in his possession money or
participate in the action of the board, committee, panel or
property, whether in his name or in that name of
group.
another person, which is manifestly out of
proportion from his lawful income. There arises a
Interest for personal gain shall be presumed against those
prima facie presumption of graft and corrupt
public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the practices.
board, panel or group to which they belong.
SECTION 10 – COMPETENT COURT & RA 8429
(j) Knowingly approving or granting any license, permit,  Where do you file a case for violation of RA 3019?
privilege or benefit in favor of any person not qualified for or  You file a case of violation of Article 3019 before
not legally entitled to such license, permit, privilege or the Sandiganbayan. The Sandiganbayan has
advantage, or of a mere representative or dummy of one jurisdiction unless otherwise provided by law.
who is not so qualified or entitled.  There is a law, RA 8429 which provides for the
jurisdiction of Sandiganbayan. Under this law, if a
(k) Divulging valuable information of a confidential public officer is of salary grade 27 and above, it
character, acquired by his office or by him on account of his
must be before the Sandiganbayan. If the public
official position to unauthorized persons, or releasing such
information in advance of its authorized release date. officer is below salary grade 27, it must be before
the RPC.
Note: if damage was caused, Article 229 under the RPC is
committed. SECTION 11 – PRESCRIPTION OF OFFENSES
 When is the prescriptive period?
SECTION 9 – PENALTIES FOR VIOLATIONS  Violation for RA 3019 shall prescribe after 15
 Under Section 9, both private individuals and years. However, the right of the government to
public officers have just the same penalty. It is forfeit or to recover ill-gotten wealth does not
six years and one month to fifteen years plus prescribe. So there are no latches and estoppel
forfeiture of the ill-gotten wealth. insofar as the right of the government to recover
ill-gotten wealth is concerned.
SECTION 7 – STATEMENT OF ASSETS AND
LIABILITIES & RA 6713  When do you start counting the running of the
 When do the officers file the statement of assets, prescriptive period of crime?
liabilities and net worth?  From the time the crime has been committed or if
 The said public officer can file his SALN within 30 it is not known, that is from the time of the
days from assumption into office. And then it must discovery of the said crime, then it is from the time
be filed on or before the 30th day of April of the of the institution of the criminal perseverance.
next years and within 30 days after separation
from the service. SECTION 13 – SUSPENSION AND LOSS OF BENEFITS
 In RA 3019, it is stated “on or before 15th of April” Q: What if a public officer, has been charged for violation of
but there is another law which provides also for RA 3019, the Ombudsman found probable cause. The
the filing of SALN and that is RA6713 which is the case was now filed before the Sandiganbayan. Is it
code of ethical standards for public officers. incumbent upon the Sandiganbayan to immediately place
 Under RA 6713, and this is what is being followed, him under preventive suspension? Is preventive
it must be on or before the 30th day of April. suspension automatic? Is preventive suspension
 So you file first within 30 days upon assumption to mandatory?
A: Preventive suspension is mandatory but it
office and then the years thereafter on or before
is not automatic. There must first be a pre-
the 30th day of April and then if you got separated
from office, within 30 days from separation from suspension period to determine the validity of the
office. information. The moment the Sandiganbayan
discovers the said information is valid, sufficient in
SECTION 8 – PRIMA FACIE EVIDENCE OF AND substance to bring about a conviction, it is now
DISMISSAL DUE TO UNEXPLAINED WEALTH mandatory upon the Sandiganbayan to place the
 When is there a prima facie presumption of graft and said accused public officer under preventive
corrupt practices? suspension.

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So it is not automatic because there must first be
a pre-suspension period. The only issue in the 2. By receiving, directly or indirectly, any commission, gift,
pre-suspension period is the information filed by share, percentage, kickbacks or any/or entity in connection
with any government contract or project or by reason of the
the Ombudsman against the said public officer
office or position of the public officer concerned;
valid, is it sufficient enough to bring about a
conviction in court? If the answer is yes, 3. By the illegal or fraudulent conveyance or disposition of
immediately, mandatory on the part of the assets belonging to the National government or any of its
Sandiganbayan, a ministerial duty, the said public subdivisions, agencies or instrumentalities or government-
officer must be placed under preventive owned or controlled corporations and their subsidiaries;
suspension. It it ministerial not discretionary, not
4. By obtaining, receiving or accepting directly or indirectly
either or.
any shares of stock, equity or any other form of interest or
 For how long should the suspension be? participation including the promise of future employment in
 The suspension must not exceed the any business enterprise or undertaking;
maximum of ninety days, in consonance with
Section 52 of the Administrative Code. 5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
SECTION 14 - EXCEPTION decrees and orders intended to benefit particular persons
or special interests;or
Q: What if a public officer saw an old man waiting line. So
the old man received a notice, the notice said that his 6. By taking undue advantage of official position, authority,
license is ready, it has already been approved. So he was relationship, connection or influence to unjustly enrich
waiting in line for the release of his license, it was already himself or themselves at the expense and to the damage
approved. The head of office saw the old man. 85 years and prejudice of the Filipino people and the Republic of the
old, under the heat of the sun and with his frail body. So the Philippines
head of office took the man and the head of office asked
Sec. 2. Definition of the Crime of Plunder, Penalties. Any
the man to his office. The head of office asked the public officer who, by himself or in connivance with
secretary, “Is the license of this man approved?” The members of his family, relatives by affinity or consanguinity,
secretary said yes. The head of office said, “get it.” The business associates, subordinates or other persons,
secretary took it and gave to the head of office. The head amasses, accumulates or acquires ill-gotten wealth through
of office, upon seeing that it is approved, and the man was a combination or series of overt or criminal acts as
only waiting for its release, gave it to the man; therefore the described in Section 1 (d) hereof, in the aggregate amount
or total value of at least Seventy-five million pesos
man need not wait in the long line. The man was so
(P75,000,000.00), shall be guilty of the crime of plunder
thankful that the following day, the man went back to the and shall be punished by life imprisonment with perpetual
office with two big bilaos of bibingka to the said head of absolute disqualification from holding any public office. Any
office to say thank you. The said head of office received person who participated with the said public officer in the
two big bilaos of bibingka. Is the said head of office liable commission of plunder shall likewise be punished. In the
under RA 3019? imposition of penalties, the degree of participation and the
A: No. It falls under the exception. Under attendance of mitigating and extenuating circumstances
shall be considered by the court.
Section 14, unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary Sec. 4. Rule of Evidence. For purposes of establishing the
token of friendship or gratitude, according to local customs crime of plunder, it shall not be necessary to prove each
or usage is excepted from the provisions of RA 3019; and every criminal act done by the accused in furtherance
therefore the said public officer will not be held criminally of the scheme or conspiracy to amass, accumulate or
liable. 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.
RA 7080: ANTI-PLUNDER ACT
Ill-gotten wealth Sec. 6. Prescription of Crime. The crime punishable under
- means any asset, property, business enterprise or this Act shall prescribe in twenty (20) years. However, the
material possession of any person within the purview of right of the State to recover properties unlawfully acquired
Section two (2) hereof, acquired by him directly or indirectly by public officers from them or from their nominees or
through dummies, nominees, agents, subordinates and/or transferees shall not be barred by prescription, laches, or
business associates by any combination or series of the estoppel.
following means or similar schemes:

1. Through misappropriation, conversion, misuse, or


malversation of public funds or raids on the public treasury;

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RA 9745 Anti-Torture Act: (9) Dental torture or the forced extraction of the
Torture refers to: teeth;
1. an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a (10) Pulling out of fingernails;
person for such purposes as obtaining from
him/her or a third person information or a
confession; (11) Harmful exposure to the elements such as
2. punishing him/her for an act he/she or a third sunlight and extreme cold;
person has committed or is suspected of having
committed; (12) The use of plastic bag and other materials
3. or intimidating or coercing him/her or a third placed over the head to the point of asphyxiation;
person;
4. or for any reason based on discrimination of any (13) The use of psychoactive drugs to change the
kind, when such pain or suffering is inflicted by or perception, memory. alertness or will of a person,
at the instigation of or with the consent or such as:
acquiescence of a person in authority or agent of
a person in authority.
(i) The administration or drugs to induce
It does not include pain or Buffering arising only from, confession and/or reduce mental competency; or
inherent in or incidental to lawful sanctions.
(ii) The use of drugs to induce extreme pain or
Acts of torture: certain symptoms of a disease; and

(a) Physical torture is a form of treatment or punishment (14) Other analogous acts of physical torture; and
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
(b) "Mental/Psychological Torture" refers to acts committed
severe pain, exhaustion, disability or dysfunction of one or
by a person in authority or agent of a person in authority
more parts of the body, such as:
which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
(1) Blindfolding;
similar objects, and jumping on the stomach;

(2) Threatening a person(s) or his/fher relative(s)


(2) Food deprivation or forcible feeding with
with bodily harm, execution or other wrongful acts;
spoiled food, animal or human excreta and other
stuff or substances not normally eaten;
(3) Confinement in solitary cells or secret
detention places;
(3) Electric shock;

(4) Prolonged interrogation;


(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of pepper
or other chemical substances on mucous (5) Preparing a prisoner for a "show trial", public
membranes, or acids or spices directly on the display or public humiliation of a detainee or
wound(s); prisoner;

(5) The submersion of the head in water or water (6) Causing unscheduled transfer of a person
polluted with excrement, urine, vomit and/or blood deprived of liberty from one place to another,
until the brink of suffocation; creating the belief that he/she shall be summarily
executed;
(6) Being tied or forced to assume fixed and
stressful bodily position; (7) Maltreating a member/s of a person's family;

(7) Rape and sexual abuse, including the insertion (8) Causing the torture sessions to be witnessed
of foreign objects into the sex organ or rectum, or by the person's family, relatives or any third party;
electrical torture of the genitals;
(9) Denial of sleep/rest;
(8) Mutilation or amputation of the essential parts
of the body such as the genitalia, ear, tongue, (10) Shame infliction such as stripping the person
etc.; naked, parading him/her in public places, shaving

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CRIMINAL LAW 2
the victim's head or putting marks on his/her body omission, or negligence committed by him/her that shall
against his/her will; have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates.
(11) Deliberately prohibiting the victim to If he/she has knowledge of or, owing to the circumstances
communicate with any member of his/her family; at the time, should have known that acts of torture or other
and cruel, inhuman and degrading treatment or punishment
shall be committed, is being committed, or has been
committed by his/her subordinates or by others within
(12) Other analogous acts of mental/psychological his/her area of responsibility and, despite such knowledge,
torture. did not take preventive or corrective action either before,
during or immediately after its commission, when he/she
Any confession, admission or statement obtained as a has the authority to prevent or investigate allegations of
result of torture shall be inadmissible in evidence in any torture or other cruel, inhuman and degrading treatment or
proceedings, except if the same is used as evidence punishment but failed to prevent or investigate allegations
against a person or persons accused of committing torture. of such act, whether deliberately or due to negligence shall
also be liable as principals.
Rights of Tortured Victims:
Any public officer or employee shall be liable as an
(a) To have a prompt and an impartial investigation by the accessory if he/she has knowledge that torture or other
CHR and by agencies of government concerned such as cruel, inhuman and degrading treatment or punishment is
the Department of Justice (DOJ), the Public Attorney's being committed and without having participated therein,
Office (PAO), the PNP, the National Bureau of Investigation either as principal or accomplice, takes part subsequent to
(NBI) and the AFP. A prompt investigation shall mean a its commission in any of the following manner:
maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation (a) By themselves profiting from or assisting the
report and/or resolution shall be completed and made offender to profit from the effects of the act of
available. An appeal whenever available shall be resolved torture or other cruel, inhuman and degrading
within the same period prescribed herein, treatment or punishment;

(b) To have sufficient government protection against all (b) By concealing the act of torture or other cruel,
forms of harassment; threat and/or intimidation as a inhuman and degrading treatment or punishment
consequence of the filing of said complaint or the and/or destroying the effects or instruments
presentation of evidence therefor. In which case, the State thereof in order to prevent its discovery; or(c) By
through its appropriate agencies shall afford security in harboring, concealing or assisting m the escape of
order to ensure his/her safety and all other persons the principal/s in the act of torture or other cruel,
involved in the investigation and prosecution such as, but inhuman and degrading treatment or punishment:
not limited to, his/her lawyer, witnesses and relatives; and Provided, That the accessory acts are done with
the abuse of the official's public functions.
(c) To be accorded sufficient protection in the manner by
which he/she testifies and presents evidence in any fora in Aggravating Circumstances in torture:
order to avoid further trauma. (1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
Who are Criminally Liable. - Any person who actually (3) Torture with rape;
participated Or induced another in the commission of (4) Torture with other forms of sexual abuse and, in
torture or other cruel, inhuman and degrading treatment or consequence of torture, the victim shall have become
punishment or who cooperated in the execution of the act insane, imbecile, impotent, blind or maimed for life; and
of torture or other cruel, inhuman and degrading treatment (5) Torture committed against children.
or punishment by previous or simultaneous acts shall be
liable as principal Note:

Any superior military, police or law enforcement officer or  Torture as a crime shall not absorb or shall not be
senior government official who issued an order to any lower absorbed by any other crime or felony committed
ranking personnel to commit torture for whatever purpose as a consequence, or as a means in the conduct
shall be held equally liable as principals. or commission thereof. In which case, torture shall
be treated as a separate and independent criminal
The immediate commanding officer of the unit concerned of act whose penalties shall be imposable without
the AFP or the immediate senior public official of the PNP prejudice to any other criminal liability provided for
and other law enforcement agencies shall be held liable as by domestic and international laws. (Sec 15)
a principal to the crime of torture or other cruel or inhuman
and degrading treatment or punishment for any act or

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 Persons who have committed any act of torture this kind of public officer can commit this crime because
shall not benefit from any special amnesty law or ILLEGAL EXACTION involves violation of rules on
similar measures that will have the effect of collection.
exempting them from any criminal proceedings
and sanctions. (sec 16) 1st Act - Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
Refouler- No person shall be expelled, returned or law;or
extradited to another State where there are substantial ILLUSTRATION:
grounds to believe that such person shall be in danger of Q: There was this cashier in the city treasurer’s office. Here
being subjected to torture. comes X, X said that he is going to get a cedula (residence
certificate) and then X said, “How much am I going to pay?”
and then, the cashier or the collecting officer said, “you
CHAPTER THREE – FRAUDS AND ILLEGAL have to pay Php200” but it is actually Php20. X said, “hmp,
EXACTIONS AND TRANSACTIONS angmahalpala, ayokona.” and so he left. Is the said
collecting officer liable of any crime?
ARTICLE 213 – FRAUDS AGAINST THE PUBLIC A:YES, he is liable. For merely demanding an
TREASURY AND SIMILAR OFFENSES amount larger than that authorized by law, he is
Article 213 punishes two (2) acts: already liable for ILLEGAL EXACTION under
1. Fraud against public treasury (par.1) Article 213, Par. 2.
2. Illegal exactions (par. 2)
Q: He is already liable, he merely demanded, but what if in
ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY the same problem, X said he was going to get a cedula.
(ART. 213, PAR. 1): The collecting officer saw him and he appears to be poor
1. That the offender is a public officer man and so X asked the collecting officer, “How much am I
2. that he should have taken advantage of his office, that going to pay?” and the collecting officer took pity of X and
is he intervened in the transaction of his official said, “Only Php 10”. So, the poor man said, “Oh, I have
capacity more money, I’ll get two”. Is the collecting officer liable of
3. That he entered into an agreement with any interested any crime?
party or speculator or made use of any other scheme
with regard to: A:YES, he is liable because he demanded an
(1) furnishing supplies amount different from that authorized by law. Note
(2) the making of contracts that what the law requires is the demanding of an
(3) the adjustment or settlement of accounts amount, directly or indirectly, different from or
relating to public property or funds larger than those authorized by law. Therefore,
4. That the accused had intent to defraud the even if it is lower, so long as it is different from that
Government provided by law, and so long as it is demanded by
the said collecting officer, then it is considered as
So here, the public officer took advantage of his official ILLEGAL EXACTION.
position in entering into contract which involves the
furnishing of supplies, or which involves public funds or It is not necessary for the said collecting officer to
property and the intention is to DEFRAUD THE have misappropriate the funds, the moment that he
GOVERNMENT. It is not necessary that the Government, misappropriates the funds, in addition to illegal
the treasury be actually be defrauded, it suffices that exaction, he may also be held liable for
entering in the said contract, the intention of the said MALVERSATION, because Illegal Exaction is only
offender, the public officer, is to defraud the Government. about the rules on collection. It has nothing to do
with the appropriation or misappropriation of funds
ELEMENTS OF ILLEGAL EXACTION (ART. 213, PAR. 2) or property. Only a violation of the rules on
1. That the offender is a public officer entrusted with the collection.
collection of taxes, licenses, fees and other imposts.
2. He is guilty of any of the following acts or omissions: 2nd Act - Failing voluntarily to issue a receipt, as provided
(1) Demanding, directly or indirectly, the payment of by law, for any sum of money collected by him officially;
sums different from or larger than those authorized ILLUSTRATION:
by law; or Q: So what if it was January 2, all kinds of payment are
(2) Failing voluntarily to issue a receipt, as provided being made at the start of the year. So the collecting officer
by law, for any sum of money collected by him in the treasurer’s office rans out of official receipt (O.R.).
officially; or And so he got a half sheet of typewriting paper and he note
(3) Collecting or receiving, directly or indirectly, by there about the said payment and a provisional receipt and
way of payment or otherwise, things or objects of he gave it to the same person who made the payment. Is
a nature different from that provided by law. the said collecting officer liable of illegal exaction?
A: He IS NOT. Because he did not voluntarily
Here, the offender is a COLLECTING PUBLIC fail to issue the said O.R. He ran out of the said
OFFICER. A public officer who has been entrusted with O.R., it was not voluntary on his part. It was an
duty to collect taxes, licenses, fees or other imposts. Only

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emergency situation. It is good that she even disqualification for having taken advantage of his
gave a provisional receipt as a proof of official position. Therefore, if it is a public officer
payment. In this case, he cannot be held liable who commits estafa or swindling, the crime is
for illegal exaction. under Art. 214 and there is an additional penalty.

3rd Act - Collecting or receiving, directly or indirectly, by way ARTICLE 215 – PROHIBITED TRANSACTIONS
of payment or otherwise, things or objects of a nature ELEMENTS:
different from that provided by law. 1. Offender is an appointive public officer
2. He becomes interested, directly or indirectly in any
Here, under the third act, it does not refer to the transaction of exchange or speculation
amount of payment. It refers to the KIND OR NATURE OF 3. Transaction takes place within the territory subject to
PAYMENT. So, when the law says that it should be paid in his jurisdiction
cash, ONLY CASH may be received by the said collecting 4. He becomes interested in the transaction during his
officer. incumbency

ILLUSTRATION: ARTICLE 216 – POSSESSION OF PROHIBITED


So the collecting officer is known as a sabungero. So INTEREST BY A PUBLIC OFFICER
here comes one of the persons who was making payment. ELEMENTS:
He has no money, but said, he has a magandangtandang. 1. Public Officer who, directly or indirectly, became
And so, that was the payment received. He commits a interested in any contract or business in which it was
violation of illegal exaction. his official duty to intervene.
2. Experts, arbitrators, and private accountants who, in
Q: What if the person who demanded an amount or like manner, took part in any contract or transaction
different from or larger than that which is provided for by connected with the estate or property in the appraisal,
law is an officer, a collecting officer from the Bureau of distribution or adjudication of which they had acted
Internal Revenue, or a collecting officer form the Bureau of 3. Guardians and executors with respect to the property
Customs. Is he liable under Article 213? belonging to their wards or the estate
A: He is not liable for illegal exaction under
Art. 213. He is liable under the Tax Code or CHAPTER FOUR – MALVERSATION OF PUBLIC
under the Tariffs and Customs Code. Under FUNDS OR PROPERTY
Art. 213, it is expressly provided that if the
collecting officer is a collecting officer coming ARTICLE 217 – MALVERSATION OF PUBLIC FUNDS
from the Bureau of Internal Revenue or Bureau OR PROPERTY (PRESUMPTION OF MALVERSATION)
of Customs is not liable under this Article. The ELEMENTS:
reason here is that, this collecting officer from 1. Offender is a public officer or employee
the BIR and the BOC, have the right to ask for 2. He has the custody or control of funds or property by
penalties, surcharges, and compromise. reason of the duties of his office
Therefore, they can always demand and 3. Those funds or property were public funds or property
amount different from or that which is larger for which he was accountable
than that authorized by law. If they exceeded 4. He appropriated, took, misappropriated or consented,
that authority, then they are liable under the or through abandonment or negligence, permitted
Tariffs and Customs Code or under the Tax another person to take them
Code, but NOT UNDER THE RPC.
 Who is the offender?
- The offender is an accountable public officer. An
ARTICLE 214 – OTHER FRAUDS accountable of public officer is an officer in the
ELEMENTS: course of the performance of his duties, receives
1. Offender is a public officer funds or property from the government which he
2. He takes advantage of his official position has the obligation to account later. So he has in
3. He commits any of the frauds or deceits enumerated in his custody, public funds or public property and he
Articles 315-318 has the obligation to account these to the
Government.
If any of the public officer commits any of the frauds or
deceits constituting ESTAFA or SWINDLING, under Art. Punishable acts:
315-318, and he does so by taking advantage of his official 1. Appropriating public funds or property
position, his criminal liability is Other Frauds under Art. 214. 2. Taking or misappropriating the same
- Not estafa, Not swindling. the reason is that in 3. Consenting, through abandonment or negligence,
case of a public officer, there is additional permitting any other person to take such public funds
penalty. If you look at Article 214, the law says or property
that the penalty is the same penalty as the first 4. Being otherwise guilty of the misappropriation or
offense under Art. 315-318. But additional to malversation of such funds or property
that, temporary disqualification to perpetual

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Malversation of Public Funds and Property can be that there is a so-called MALVERSATION OF PUBLIC
committed either through a positive act, that is, that the FUNDS OR PROPERTY
said public officer is the one who misappropriates, takes or
appropriates the public funds and property, OR, through a ILLUSTRATION:
passive act, that is, through his abandonment or Q: What if a man was walking, in the middle of the night, a
negligence, he permitted others to misappropriate the police officer who was conducting a patrol saw something
same. bulging on his waist. The police officer stopped him and
frisked him and there, they saw a firearm. They ask for the
- Malversation can be committed either through a license, the said man could not produce the license for the
positive act, which is through deliberate intent or said firearm. He was arrested for illegal possession of
through dolo. He is the one who appropriates or unlicensed firearm, and the firearm was confiscated. During
misappropriates, who took the the said public funds the trials of the case, the fiscal move for subpoena for the
or property custodian of the said firearm. The custodian appeared but
- Passive Act which is through his abandonment or failed to bring the firearm. He had already sold the said
negligence, or cupla. he allowed others to firearm confiscated. What crime is committed by the said
appropriate or misappropriate the said public funds custodian?
or property A: He is liable for Malversation under Article 217.

When is there prima facie presumption of malversation? Q: His contention was, it cannot be malversation, because
- Under Article 217, there arises prima facie the firearm was owned by a private person. It is not a public
presumption of malversation of public funds or property, therefore I cannot be held liable for malversation.
property when demand is made by a duly Is the contention correct?
authorized officer to an accountable public officer A: His contention is wrong. The said firearm
to account for public funds or property, and the has already been confiscated by public
same is not forthcoming authority, therefore it is now deemed,
CUSTODIA LEGIS. The moment it is in
ILLUSTRATION: custodialegis, it loses its character as a private
So the COA auditor, appeared and conducted an property and it now assumes a character of a
audit He demanded for the said amount, the said public property. Hence the crime committed is
accountable public officer cannot reduce the said amount. Malversation.
There arises the prima facie presumption that he has
malverse the said public funds or property. Although that is Q: What if, there was this collecting officer, a cashier, and
what is written under Article 217, last paragraph. The there were many persons paying. And the long line persons
Supreme Court in the number of cases said: paying, one cashier said that he needed to answer the call
“Mere shortage in audit will not suffice. For the Prima of nature, and so he asked another fellow cashier to look
facie presumption to arise the following requisites after his drawer, and so, he left and went to the restroom.
must be present: - It is necessary that there must be But he also left the key of his drawing on the key holder.
complete, thorough and reliable audit. And so, the moment he left, his fellow cashier went to his
- In the said complete, thorough and reliable audit, drawer and opened it and took Php 2000 from the
the following were discovered: collection of A on the same day. Then A arrived, and he
a. The public officer indeed receive the public then accepted collections. In the afternoon, there was a
funds or property. That is, he is an surprise audit coming from the COA. and it was discovered
accountable public officer that based on the receipts, The php 2000 were missing
b. The said public funds and property was from the collection of A. Therefore, A was charged. What
missing, or there was a shortage, or he crime if any, has been committed by A? Is A liable for
cannot produce it, and malversation?
c. The said public officer cannot give a
justifiable reason, a legal excuse for the said A: Yes, he is liable for malversation through
shortage or missing of public funds or negligence. That is the passive act. That is
property.” through his abandonment or negligence, he
permitted another person, Cashier B to
If all of these are present, the Supreme Court says misappropriate a part of his collection for the day.
that there arises the prima facie presumption that there is Hence A is also liable for Malversation. Not B, but
malversation of public funds or property. Therefore, there A, the one who went to the restroom, because he
may NOT be direct evidence to convict one for is the one accountable for the said public funds in
malversation of public funds or property. Obviously, there his drawer.
cannot be any witness, because when you say direct
evidence, there is a witness. Of course, he would not let That other person, B, who took the said property
anyone see him malversing the funds. It suffices in the is liable for qualified theft. because he was
audit, these three things were discovered. If these three are entrusted with the same funds, and he took the
discovered, then there arises the prima facie presumption same funds.

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Q: What if, in the same problem, after the COA auditor with Malversation of public funds or property
found out that Php 2000 was missing, A was charged with through CULPA.
Malversation of public funds and property through dolo. So,
in the information, it was stated that he is the one who Q: What if, there is a public officer whose office is in pasay.
misappropriate, appropriates or has taken the said public He is going to have a meeting in Caloocan. And so he went
funds, and so he was charged with Malversation through to Caloocan in one afternoon and attended the said
dolo, through deliberate intent. That was the case filed meeting. He had to go to pasay in order to make a report,
against him because they did not know that it was B who However, the traffic was heavy, so instead of using his car
took the money. So, the presumption is that, he is the one on the way back, he rode the LRT. Upon reaching the
who took the money, who appropriated it. During the trial office, he realized that his bag was opened, and the
of the merits, during the presentation of the defense cellphone which was __5:17___ by the Government was
evidence, when it was already A’s term to testify, it was already gone. By reason thereof, he was charged with
divulged or disclosed to the court that it was in fact another Malversation under Article 217 because through his
cashier, B who misappropriated the said funds through the negligence, the cellphone which was ____ to him by the
negligence of A. And by reason of this evidence presented Government and for which he is accountable to the
in court, the said judge, convicted A of Malversation Government was now missing. It was taken or stolen by
through culpa, in an information of malversation through somebody. Is he liable? He was convicted by the
dolo. Is the judge correct? can he convict A? SandiganBayan but when it came to the Supreme Court,
A: Yes, the judge is correct. The reason is that, the Supreme Court acquitted him.
according to the Supreme Court, whether
Malversation is committed through deliberate A: According to the Supreme Court, there was no
intent or culpa, DOLO and CULPA are merely negligence on the part of the said public officer.
modalities of committing the crime. Nevertheless, He cannot be faulted for having taken the LRT
it is still malversation, and if you look at Article because of the said heavy traffic. It cannot be said
217, whether malversation is committed through that there was negligence on his part in placing
deliberate intent or through negligence, they just the cellphone inside his bag, because, where else
have one and the same penalties. Further, the would you place a cellphone but inside the bag for
Supreme Court said, Malversation through safekeeping. It would have been different while on
negligence or culpa is NECESSARILY INCLUDED board, he was using the said cellphone. Hence,
in Malversation through deliberate intent or dolo. the Supreme Court said, there was no negligence
Hence, even if the information is Malversation and therefore, although convicted by the
through dolo, one can be convicted of SandiganBayan, he was acquitted by the
Malversation through Culpa or Negligence. Supreme Court.

Q: What if, there was this rape in a warehouse, in the ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER
course of the said rape, dangerous drugs worth millions of TO RENDER ACCOUNTS
pesos were confiscated and they were placed in the PDEA ELEMENTS:
warehouse. The persons therein were charged with illegal 1. Offender is a public officer, whether in the service or
possession of dangerous drugs. In the course of the separated therefrom
hearing in this possession of dangerous drugs, the court 2. He must be an accountable officer for public funds or
sent a subpoena to the PDEA custodian, to bring to the property
Court the said dangerous drugs which were confiscated. 3. He is required by law or regulation to render accounts
And so, on the designated day, the said PDEA agent to the Commission on Audit, or to a provincial Auditor
boarded all the dangerous drugs confiscated in a PDEA 4. He fails to do so for a period of two months after such
van and off he went to the Court. However, before the accounts should be rendered
PDEA agent could reach the court, here comes two
motorcycles who went in and fired at him, and he fell on his ARTICLE 219 – FAILURE OF RESPONSIBLE PUBLIC
seat, lifeless. And then, a big vehicle arrived at the back of OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
the said PDEA van and took all the said dangerous drugs. THE COUNTRY
Now the said PDEA agent was brought into the hospital ELEMENTS:
and despite the fatal wound, because of the immediate 1. Offender is a public officer
medical intervention, he survived. Is he liable of any 2. He must be an accountable officer for public funds or
crime? property
3. He must have unlawfully left (or be on the point of
A: Yes, he is liable of Malversation of public leaving) the Philippines without securing from the
funds or property under Article 217 through Commission on Audit a certificate showing that his
Negligence. There was inexcusable negligence accounts have been finally settled
on his part said the Supreme Court, because all
by himself, carried the millions worth of dangerous ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR
drugs in the PDEA van, considering the value of PROPERTY (Technical Malversation)
the said dangerous drugs, he should have asked ELEMENTS:
for back up. Yes, he survived, but he was charged 1. Offender s a public officer

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2. there is a public fund or property under his which it has been
administration appropriated by law or
3. Such public fund or property has been appropriated by ordiance
law or ordinance
4. He applies the same to a public use other than that for ARTICLE 221 – FAILURE TO MAKE DELIVERY OF
which such fund or property has been appropriated by PUBLIC FUNDS OR PROPERTY
law or ordinance. ELEMENTS:
1. That the public officer has government funds in his
ILLUSTRATION: possession
Q: What if a public officer has under his administration 2. That he is under obligation to make payments from
public funds which is for a certain project. So let us say that such funds
X is the city administrator. Under his administration, there 3. That he fails to make payment maliciously
was Php500,000, the said Php 500,000 was for the
construction of a bridge between one barangay to another Punishable acts:
barangay. Then suddenly there was a typhoon, a big 1. Failing to make payment by a public officer who is
typhoon and many of the constituents were rendered under obligation to make such payment from
homeless. And so, they had to stay in the basketball court, Government funds in his possession
they need food, clothing, water and other basic needs. And 2. Refusing to make delivery by a public officer who has
so, the city administrator made use of the Php 500,000 been ordered by competent authority to deliver any
under his administration to buy these basic needs of his property in his custody or under his administration
constituents. Is the said public officer, the city administrator
liable of any crime? ARTICLE 222 – OFFICERS INCLUDED IN PRECEDING
PROVISIONS
A: Yes, he is liable for technical Malversation Private Individual who may be liable under Art. 217-
under Article 220. 221:
1. Private Individual who in any capacity whatsoever,
BEST EXAMPLE: have charge of national, provincial or municipal funds,
GMA and other head of Philhealth before was revenue or property
charged by Frank Chavez because of Technical 2. Administrator, depository of funds or property
Malversation because of transfer of COA funds, which was attached, seized or deposited by public authority even
used for Philhealth purposes during the elections. And so, if such property belongs to a private individual
because of that, according to Frank Chavez, they are liable 3. Those who acted in conspiracy in malversation
for Malversation. They were charged with Technical 4. Accomplice and accessories to malversation
Malversation. But their contention was there was a law that
allowed it. If there was a law that allowed it, then, there was Can private property be the subject of Malversation?
no violation. But, if there is no law, there is an illegal - YES, under the 2nd act in Article 222, that is when
transfer of funds, therefore, technical Malversation will the said funds or property has been attached,
resolve. seized or deposited by public authority, it now
becomes in custodialegis and it now assumes the
character of being public funds or property. If any
ARTICLE 217 ARTICLE 220 are misappropriated, then the crime committed is
The public officer The public officer did not Malversation and not theft.
misappropriates the fund for misappropriate the funds for
his personal use. his personal use, he used it INFIDELITY IN THE CUSTODY OF PRISONERS (Articles
for another public purpose 223, 224, 225)
other than that which has ARTICLE 223 – CONNIVING WITH OR CONSENTING TO
been appropriated by law or EVASION
ordinance that is why it is ELEMENTS:
TECHNICAL 1. Offender is a public officer
MALVERSATION – the 2. He has in his custody or charge a prisoner, either
offense is on the detention prisoner or prisoner by final judgment
technicality of the use of 3. Such prisoner escaped from his custody
funds. 4. That he was in connivance with the prisoner in the
latter’s escape, or is with his consent
The public officer has in his The public officer has in his
possession public funds or possession public funds or ARTICLE 224 – EVASTION THROUGH NEGLIGENCE
property for safekeeping. It property is only under his ELEMENTS:
is under his custody and administration. Not for 1. Offender is a public officer
control and therefore it is for safekeeping, but only for 2. He is charged with the conveyance or custody of a
his safekeeping and he has the purpose of prisoner, either detention prisoner or prisoner by final
the obligation to account it administrating it that is, for judgment
later on to the Government applying it for the purpose 3. Such prisoner escapes through his negligence

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entitled, must be a deliberate non-performance of
ARTICLE 225 – ESCAPE OF PRISONER UNDER THE his duty. Here, it is only a mere laxity on the part of
CUSTODY OF A PERSON NOT A PUBLIC OFFICER the said public officer for not having accompanying
ELEMENTS: the said woman in the rest room.
1. Offender is a private individual
2. Conveyance (or charge) of custody of prisoner or Rodriguez vs. SandiganBayan(new case) – The
person under arrest is confided to him Supreme Court said otherwise. According to the
3. Prisoner or person under arrest escapes Supreme Court, the moment that a public officer, a
4. Offender consents to the escape of the prisoner or jail warden has accompanied a prisoner outside
person under arrest or that the escape takes place jail, he must not have lost sight of the said
through his negligence prisoner. The only obligation of the said jail warden
after the trial was to bring her back to the court.
Whether it be under Art. 223, 224, 225, the offender The fact that the said jail guard allowed himself to
infidelity in the custody of prisoners is one who has been have a merienda, and even allowed the woman
entrusted with the custody and charge of the prisoner. prisoner to go to the restroom alone, there was
Whether the prisoner is a prisoner convicted by final laxity on the part of the said jail guard. The
judgment or a detention prisoner. He must be charged, he Supreme Court said, LAXITY is a deliberate non-
must be the custodian of the said prisoner because the performance of his official duty as the guard of the
essence of the crime is the violation of the trust reposed on said prisoner, thereby amounting to infidelity in the
him. Because prisoners are accountabilities of the custody of prisoner under Art. 224.
Government.
INFIDELITY IN THE CUSTODY OF DOCUMENTS
 Can a private individual commit infidelity? (ARTICLES 226, 227, 228)
- Yes, under Art. 225. If he is entrusted with the ARTICLE 226 – REMOVAL, CONEALMENT OR
custody of this prisoner and the prisoner escapes, DESTRUCTION OF DOCUMENT
either in connivance with him or through his ELEMENTS:
negligence, then his liability is infidelity in the 1. Offender is a public officer
custody of prisoners 2. He removes, destroys, or conceals documents or
papers
ILLUSTRATION: 3. Said documents or papers should have been entrusted
Q: A has been charged with illegal sale of dangerous to such public officer by reason of his office
drugs. She is behind bars, it is a non-bailable offense, and 4. Damage, whether serious or not, to a third party or to
therefore, while the case is ongoing, she is behind bars. the public interest should have been caused
So, it was the hearing date, she was accompanied by the
jail warden, the jail guard to the court, and after trial, there Under Article 226, in order for infidelity in the custody
was this husband and two children of the said woman who of documents to arise, it is necessary that there be damage
was in jail. The husband and two children talked, and when caused to a third person or to the public interest. If damage
the said woman prisoner was about to be brought to jail, is serious, the penalty is QUALIFIED, therefore, the
the husband talked to the jail warden. He invited the jail damage may or may not be serious provided that there is
warden for a merienda, in a canteen inside the hall of damage, the crime will arise.
justice. And so, the jail warden saw nothing wrong and so, DAMAGE IS NECESSARY in order to give rise to
he had merienda with the woman prisoner, the husband infidelity in the custody of documents.
and the two children. The handcuffs had to be removed for
the woman prisoner to eat. After eating, the woman ARTICLE 227 – OFFICER BREAKING SEAL
prisoner said that she needed to answer the call of nature, ELEMENTS:
and so, she went to the restroom, also inside or within the 1. Offender is a public officer
hall of justice. The jail guard allowed her inside while the 2. He is charged with the custody of papers or property
jail guard was left outside, waiting. Hours passed, no 3. These papers or property are sealed by proper
woman prisoner came out. It so happens that the said authority
husband put some disguise for the woman to use so that 4. He breaks the seals or permits them to be broken
she could escape without being noticed by the said jail
guard, and woman prisoner was able to escape without Under Article 227, officer breaking the seal, infidelity in
being noticed by the said jail guard. Is the said jail guard the custody of prisoners to arise, even without damage
liable for infidelity in the custody of prisoner, or is it a mere caused to a third party or to public interest. Damage is NOT
laxity which would not amount to infidelity in the custody of an element.
prisoner? MERE BREAKING of the seal of the document will
already consummate the crime.
A: People vs. Nava – The Supreme Court said
that mere laxity would not amount to negligence
under Art. 224. Because according to the ARTICLE 228 – OPENING A CLOSED DOCUMENT
Supreme Court in that old case, the negligence ELEMENTS:
being required in order that a public officer may be 1. Offender is a public officer

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2. Any closed papers, documents, or objects are This marked money becomes documentary
entrusted to his custody evidence, the moment they have been marked as
3. He opens or permits to be opened said closed papers, exhibits. Money here is not used as a medium of
documents or objects exchange, but as documents because they have
4. He does not have proper authority been marked as documentary evidence. The
moment they have been taken, removed,
Infidelity in the custody of documents, the public officer concealed or destroyed, the crime committed is
has been entrusted with papers, documents or objects, infidelity in the custody of documents because the
which have been closed by proper authority and the said clerk of court is the custodian of the documentary
public officer opened the said closed document or exhibits. If money is used, not as a medium of
permitted others to open the same. Again, Damage is NOT exchange, but like this, as documentary exhibits
an element. or any other use other than as a medium of
exchange, the one who malverse, or use it is the
MERE ACT OF OPENING the said closed document custodian of the said documents, the crime is
will give rise to the crime. infidelity in the custody of documents and NOT
malversation.
ILLUSTRATION:
Q: What if A has been charged with illegal sale of When the clerk of court took the 100 peso bill, he
dangerous drugs. The case was on trial, during the trial of destroyed the exhibit, the documentary exhibit of
the case, the fiscal presented the first police officer who the said prosecution and the prosecution was
acted as the poseur buyer in the course of the testimony of seriously damaged interface.
the police officer, the fiscal produced and showed to him for
identification the marked money. So the marked money REVELATION OF SECRETS (Article 229-230)
consists of 5, 100 peso bill. The fiscal presented it to the
police and the police identified it as indeed the marked ARTICLE 229 – REVELATION OF SECRETS BY AN
money because of the serial numbers and because of the OFFICER
markings, and thereafter the marked money have been Punishable acts:
marked as Exhibit A, B, C, D, E for the prosecution. After 1. By revealing any secrets which affect public interest
the trial, they were placed inside an envelope and given to learned by him in his official capacity
the clerk of court, the custodian of the evidence which have ELEMENTS:
already been marked. So trial ended that day, it was now (1) Offender is a public officer
lunch time. The clerk of court was on her table and so the (2) He knows of a secret by reason of his
vendor arrived. The clerk of court wanted to buy lunch and official capacity
she said, how much. The vendor said it costs 50 peso. The (3) He reveals such secret without authority or
clerk of court pulled out her money; it was a 1000 peso bill. justifiable reasons
The vendor said, “anglakinamanniyan, walaakongpanukli” (4) Damage, great or small, is cause to the
And so, by reason thereof, he gave it back to the clerk of public interest
court. The clerk of court said that she had no smaller bills,
and he remembered the exhibits. And so, he took 100 peso It is necessary that there be Damage caused, whether
bill, marked as Exhibit E. And she paid it to the vendor and serious or not.
the vendor gave him the change of 50 peso. After eating,
before 1:00, the said clerk of court immediately went 2. Wrongfully delivering papers or copies of papers of
outside to change her big 1000 peso bill into smaller bills. which he may have charge and which should not be
When he now has these smaller bills, he got one 100 peso published thereby causing damage, whether serious or
bill and marked it as Exhibit E and then he signed it and not, to a third party or to public interest.
placed it inside the envelope. Here comes the next hearing ELEMENTS:
date, on the next hearing date, another police officer was i. Offender is a public officer
presented, the fiscal produced the said documentary ii. He has charge of papers
exhibits, the marked money and asked it from the clerk of iii. Those papers should not be published
court. So the fiscal showed it to the police officer, the police iv. He delivers those papers or copies thereof
officer identified Exhibits A, B, C, D. However, when it to a third person
comes to exhibit E, the police officer said, “Your Honor, it v. The delivery is wrongful
has a different serial number from the one in our sworn vi. Damage is caused to public interest
statement” and so because of that, an investigation
happened and the court learned that it was taken by said ARTICLE 230 – PUBLIC OFFICER REVEALING
clerk of court and used in buying food. What crime, if any is SECRETS OF PRIVATE INDIVIDUAL
committed by the said clerk of court? Is it malversation or is ELEMENTS:
it infidelity in the custody of documents? 1. Offender is a public officer
2. He knows of the secrets of private individual by reason
A: The crime committed is infidelity in the of his office
custody of documents under Art. 226 by the 3. He reveals such secrets without authority or justifiable
public officer in destroying the said document. reason

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ILLUSTRATION:
Damage is NOT an element in Article 230. Q: A raped B. B was treated by a medico legal officer at the
PNP. This medico legal officer who has examined A,
ARTICLE 231 – OPEN DISOBEDIENCE issued a medical certificate, And so in the case filed by B
ELEMENTS: against A for this so-called “rape”, the fiscal moved that the
1. Offender is a judicial or executive officer subpoena (adjustificandum) be sent to this public officer,
2. There is judgment, decision, or order of a superior the medico legal office who examined the rape victim.
authority However, despite receipt of the said subpoena, the medico
3. Such judgment, decision or order was made within the legal officer failed to appear. He did not appear without any
scope of the jurisdiction of the superior authority and justifiable reason at all. The said prosecutor move again for
issued with all the legal formalities the issuance of another subpoena, a second subpoena.
4. Offender without any legal justification openly refuses Again, despite the receipt, the medico legal officer failed to
to execute the said judgment, decision or order which appear in court and testified and failed to give the copy of
he is duty bound to obey the medico legal certificate. What crime if any has the said
Open Disobedience is committed by any judicial or medico legal officer has committed?
executive officer who shall openly refuse without any legal
motive to execute a judgment or decision rendered by a A: He is liable for Refusal of Assistance under
superior authority in the exercise of his duty and in the legal Article 233. It is committed by a public offcer that despite
infirmities of the law. demands of the public authority shall fail to lend his
cooperation toward the administration of justice or any
ILLUSTRATION: other public service. Thereby, causing damage serious or
Q: What if in the case of Duterte, the sheriff wishes to not, to public interest.
execute a writ of execution and cause the squatters to
leave the place because of the execution issued by the NOTE: If the damage is serious, the penalty is QUALIFIED.
court has to be implemented. Had not the sheriff performed
the said act, is he liable of any crime? Had the sheriff
refused to execute the writ of execution issued by the said ARTICLE 234 – REFUSAL TO DISCHARGE ELECTIVE
judge? Is he liable of any crime? OFFICE
ELEMENTS:
A: Yes, he is liable of Open Disobedience 1. Offender is elected by popular election to a public
under Article 231. He openly refused to execute office
a writ of execution issued by a judge. 2. He refuses to be sworn in or to discharge the duties of
the said office
ARTICLE 232 – DISOBEDIENCE TO ORDER OF 3. There is no legal motive for such refusal to be sworn in
SUPERIOR OFFICER, WHEN SAID ORDER WAS or to discharge the duties of said office
SUSPENDED BY INFERIOR OFFICER
ELEMENTS: This is a crime which cannot be committed in
1. Offender is a public officer Philippine Jurisdiction. Refusal to discharge public duties is
2. An order is issued by his superior for execution committed by any person entitled to a public office by
3. He has for any reason suspended the execution of means of popular election, refuses to assume to assume
such order the powers and duties of his office. He refuses to be sworn
4. His superior disapproves the suspension of the in. This will not happen in our lifetime. This will never
execution of the order happen in the Philippine Jurisdiction because here, even if
5. Offender disobeys his superior despite the disapproval he did not win in the election, he wanted to hold office.
of the suspension

The offender refuses to disobey the suspension of the ARTICLE 235 – MALTREATMENT OF PRISONERS
said order which was disapproved by the said public officer. ELEMENTS:
1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention
ARTICLE 233 – REFUSAL OF ASSISTANCE prisoner
ELEMENTS: 3. He maltreats such prisoner either of the following
1. Offender is a public officer manners:
2. Competent authority demands from the offender that a. By overdoing himself in the correction or
he lend his cooperation towards the administration of handling of a prisoner or detention prisoner
justice or other public service under his charge either:
3. Offender fails to do so maliciously i. By the imposition of punishments not
authorized by the rules and regulations
Public officer who shall fail to lend his cooperation ii. By inflicting such punishments (those
towards the administration of justice or any other public authorized) in a cruel or humiliating
service despite demand by competent authority. manner

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b. By maltreating such prisoner to extort a Maltreatment of Prisoners because he is a
confession or to obtain some information from prisoner who was maltreated in order to extort a
the prisoner confession and Serious physical injuries because
by reason of the injury inflicted, he lost an eye.
 Who is the offender?
- Any public officer or employee Q: Are you going to complex them? because a single act
constitute a grave and less grave felony, are you going to
 Who is the offended party? complex them under Art. 48?
- He must be a prisoner
A: No. You cannot complex them. Because under
In order to be considered a prisoner, it is necessary that the Article 235, it is expressly provided that the liability for
said person has already been arrested, brought to the PNP maltreatment of prisoners shall be in addition to the
station and he has been incarcerated. If he is not a liability for any other physical injuries or damage
prisoner, then, the crime can be physical injuries, whatever caused. Therefore two crimes will be charged against
injuries that may have been sustained by the prisoner, but the police officer.
NOT maltreatment of prisoners
There is also a violation of R.A. 9745, Anti-Torture
What if maltreatment does not only include physical Act, because under Section 14 of the Anti-Torture
maltreatment. It shall also include moral, emotional, Act, Torture shall not absorb and shall not be
psychological maltreatment because the law uses the absorbed by any other crime committed as a
phrase physical injuries or damage caused. consequence. Therefore, he can also be held liable
under the so-called Anti-Torture Law.
ILLUSTRATION:
Q: What if A has just withdrew his money from her ATM
account, she placed the money inside her bag and she was ARTICLE 236 – ANTICIPATION OF DUTIES OF A
already walking towards home when suddenly here comes PUBLIC OFFICE
X. X snatched the handbag with the money. A police officer ELEMENTS:
passing by saw the incident and on boarded their mobile 1. That the offender is entitled to hold a public office or
patrol. They were able to arrest the man, took the bag and employment either by election or appointment
returned it to the said victim. Thereafter, they placed X 2. Shall assume the performance of the duties and
inside the mobile patrol. While inside, they kicked, mold the powers of a public official or employee
man. And so, the man suffered less serious physical 3. Without being sworn into office or having given the
injuries. What crime is committed by the said police bond required by law
officers?
ARTICLE 237 – PROLONGING PERFORMANCE OF
A: The crime committed is less serious DUTIES AND POWERS
physical injuries. It is not maltreatment of prisoners ELEMENTS:
because the said person, X, is not yet a prisoner. He is only 1. That the offender is holding a public office
a person under arrest because he has just been arrested 2. That the period allowed by law for him to exercise such
for having committed a crime, but he is not yet a prisoner. function and duties has already expired
In order to be considered as a prisoner, he must be brought 3. That the offender continues to exercise such function
to the PNP station, taken a picture, left view, side view, and duties
front view, thumbmark and incarcerated. He is now an
accountability of the Government, he is now a prisoner. But ARTICLE 238 – ABANDONMENT OF OFFICE OR
before that, he is not yet a prisoner. He is only a person POSITION
under arrest. That is why in the problem, the police officers ELEMENTS:
are liable only for less serious physical injuries and not of 1. That the offender is holding a public office
maltreatment of prisoners. 2. That he formally resigns from his office
3. But before the acceptance of his resignation, he
Q: What if in the same problem, they chased the man. abandons his office
They were able to catch the said man and brought him to
the PNP station. Booked him and incarcerated him, and all Abandonment of office is committed by a public officer
the things needed to be done to a prisoner. Later, he was who has already formally resigns from his position, and
brought out of jail for investigation to be brought in the having formally resigned from his position, he abandons to
Investigation section. In the investigation, he was being the detriment of public service. Despite the fact that his
forced to admit to the commission of the crime. And so, by resignation has not yet been accepted by a superior
reason thereof, the police officer boxed him and gave him a authority. Under Labor Law, when you are an employee,
huge black eye. The left eye suffered so much that he lost when you file a resignation, it does not mean you are
sight, amounting to serious physical injuries. What are the already resigned. There must be an ACCEPTANCE from
crimes committed by the police officer? the superior officer before it can be said that he have
A: Two crimes – Maltreatment of Prisoners and already resigned.
Serious Physical Injuries.

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So here, the public officer has already formally ELEMENTS:
resigned, his resignation has not been accepted, yet he 1. That the offender is a public officer
abandons to the detriment of public service. What is the 2. That a proceeding is pending before such public officer
penalty? 3. That there has been a question regarding the
- In the abandonment of office, the penalty is jurisdiction brought before the proper authority
QUALIFIED if the purpose of the said public officer 4. There is a question brought before the proper authority
is to evade the prosecution punishment of the regarding his jurisdiction, which is yet to be decided
crime involving violation of Title 1 – Book 2 (Crimes
against National Security), or Chapter 1 – Title 3 of ARTICLE 243 – ORDERS OR REQUESTS BY
Book 2 (Rebellion, Coup d’etat, Sedition, etc.) EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY
ELEMENTS:
ARTICLE 239 – USURPATION OF LEGISLATIVE 1. That the offender is an executive officer
POWERS 2. That the offender addresses any order or suggestion
ELEMENTS: to any judicial authority
1. That the offender is an executive or judicial officer 3. That the order or suggestion relates to any case or
2. That he: business within the exclusive jurisdiction of the courts
a. Makes general rules and regulations beyond of justice
the scope of his authority, or
b. Attempts to repeal a law, or ARTICLE 244 – UNLAWFUL APPOINTMENTS
c. Suspend the execution of thereof ELEMENTS:
NOTE: It can only be committed by an executive or 1. Offender is a public officer
judicial officer 2. He nominates or appoints a person to a public office
3. Such person lacks the legal qualification thereof
ARTICLE 240 – USURPATION OF EXECUTIVE 4. Offender knows that his nominee or employee lacks
FUNCTIONS the qualifications at the time he made the nomination
ELEMENTS: or appointment
1. That the offender is a judge
2. That the offender: ARTICLE 245 – ABUSES AGAINST CHASTITY
a. Assumes the power exclusively vested to ELEMENTS:
executive authorities of the Government, or 1. That the offender is a public officer
b. Obstructs executive authorities from the lawful 2. That he solicits or makes any indecent or immoral
performance of their functions advances to a woman
NOTE: It can only be committed by a Judge 3. That the offended party is a woman who is:
a. Interested in matters pending before the public
ARTICLE 241 – USURPATION OF JUDICIAL officer for his decision or where the public
FUNCTIONS officer is required to submit a report or to
ELEMENTS: consult with a superior officer; or
1. That the offender is holding office under the Executive b. Under the custody of the offender, who is a
Branch of the Government warden or other public officer directly charged
2. That he: with the care and custody of prisoners or
a. Assumes the power exclusively vested in the persons under arrest; or
Judiciary, or c. The wife, daughter, sister or any relative falling
b. Obstructs the execution of any order or within the same degree of affinity of the person
decision given by a judge within his jurisdiction under the custody and charge of the offender
NOTE: It can only be committed by a public officer of the
Executive Branch of the Government  How are abuses against chastity is committed?
- There are three acts. (Refer to the elements)
Therefore, if the person who assumes judicial 1. Public officer solicits or makes any
power does not belong to the Executive Branch, but indecent or immoral advances to a woman
belongs to the legislative branch, the crime is not who is interested in matters pending
Usurpation of Judicial Function, but USURPATION OF before his for his decision or where the
PUBLIC FUNCTION AND OFFICIAL AUTHORITY under public officer is required to submit a report
Article 177, because Article 239, 240 and 241 are specific or to consult with a superior officer
as to the offenders. 2. Warden or other public officer directly
So, let us say, in the one who encroached upon charged with the care and custody of
the powers of the Judge, does not belong to the executive prisoners or persons under arrest, and he
branch but he is legislator, it cannot be considered as solicits or makes any indecent or immoral
usurpation of judicial functions, rather it will beUsurpation advances to a woman
Of Public Function And Official Authority Under Article 177. 3. Warden or other public officer directly
charged with the care and custody of
ARTICLE 242 – DISOBEYING REQUEST OF prisoners or persons under arrest, and the
DISQUALIFICATION said officer makes any indecent or immoral

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advances to the wife, daughter, sister or Q: A brother killed another brother. Is the crime committed
any relative falling within the same degree parricide?
of affinity of the male prisoner. A: No, the crime committed is murder or
homicide, as the case may be and not
 Who is the offender? parricide because the relationship between a
- He must be a public officer because there must be brother and another brother is in the collateral line
abuse of public office in making immoral or and not in the direct line.
indecent advances. Q: What if a stepfather killed his stepson?
Essence of the crime is taking advantage of one’s A: The stepfather is not liable for parricide. It
position in soliciting or making immoral or indecent can either be murder or homicide, as the case
advances. may be, because their relationship is not based on
blood.
Mere act of soliciting or making immoral and indecent  Again, the relationship must be
advances will already give rise to the crime. It is not legitimate, in the direct line and by
necessary that the woman will comply with the said blood.
solicitation or immoral or indecent advances.
 In Parricide, the circumstance which will qualify is the
The solicitation must not be the gospel type of relationship, therefore relationship between the
solicitation. It must be bad, persistent, threatening such that offender and the offended party must be stated in the
if the woman would not comply then it would adverse on information.
her part. Q: Let us say that the husband killed the wife. In the
information filed by the fiscal, the fiscal failed to state that
If a jail warden impregnated a female detainee, even if they the husband is the legal husband of the said victim.
love one another, still liable because detainees are However, during trial, by virtue of a certificate of marriage, it
liabilities of the state. was proven that the accused was the legal husband of the
said victim-wife. Can the husband be convicted of
TITLE EIGHT parricide?
CRIMES AGAINST PERSONS (ARTICLES 246 – 266-A) A: No, the husband cannot be convicted of
parricide. This is because the relationship was
ART 246 – PARRICIDE not alleged in the information although proven
ELEMENTS: during trial. Since the relationship between the
1. That a person is killed husband and the wife is not alleged in the
2. That the deceased is killed by the accused information, although proven during trial, he
3. That the deceased is the father, mother, or child, cannot be convicted of parricide. It can only be
whether legitimate or illegitimate, or a legitimate murder or homicide, as the case may be.
other ascendant, or legitimate other descendant, or
legitimate spouse of the accused Q: What if a husband wanted to kill his wife. So he has a
 Parricide is committed when a person kills his father, mistress, the husband wanted to dispose his wife.
mother, child, whether legitimate or illegitimate, However, he cannot do it on his own and so the husband
legitimate other ascendant, legitimate other hired a high-profile killer, he paid the man 100,000 pesos to
descendant, or legitimate spouse. Therefore the kill the wife. And so the man conducted surveillance on the
offended party or deceased or the victim is specified, wife, checked the itinerary of the wife and so when the wife
he must be the father, mother, child whether legitimate was getting out of the grocery, here comes the killer. The
or illegitimate, legitimate other ascendant, legitimate killer, on board a motorcycle, went directly to the wife, shot
other descendant, or legitimate spouse. her and off he went. The wife died. What crime/crimes
 Parricide is a crime based on relationship. is/are committed?
 What kind of relationship? A: The husband is liable for principal but said
 First, it must be a legitimate relationship killer is liable for murder. Conspiracy will not lie.
except in the case of parent and child. Although they conspired for the killing of the wife,
Second, the said relationship must be in the the husband, being the principal by inducement
direct line and the killer, being the principal by direct
Third, the relationship must be by blood participation, conspiracy will not lie. This is
(grandfather killed a grandson, a mother because the circumstance which qualifies
killing a son, a son killing a father) parricide, the relationship, is personal to the
husband and CANNOT BE TRANSFERRED TO
Q: So a father killed an illegitimate son. What crime is A STRANGER. That is why there will two
committed? informations filed, one is parricide as against the
A: It is parricide. Although the crime is based on husband as a principal by inducement and the
legitimate relationship, the exception is in case of other one is murder as against the killer.
children, whether legitimate or illegitimate.
ART 247 – DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES

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ELEMENTS: the said wife? The wife is liable for parricide under Article
1. That a LEGALLY MARRIED PERSON or a 246 for having killed her husband. If you are the counsel of
parent surprises his SPOUSE or his the said wife, what defense would you put up in order to
DAUGHTER, the latter under 18 years of age free your client from criminal liability?
and living with him, in the act of committing A: Article 247 or Death under exceptional
sexual intercourse with another person. circumstances. The Supreme Court said that
2. That the said legally married spouse he or she Article 247 is not a felony. Article 247 is a
kills any or both of them or inflicts upon any or privilege, in fact is it a defense. If Article 247 is
both of them any serious physical injury in invoked, the accused is free from criminal liability.
the act or immediately thereafter It is an absolutory cause, an exempting
3. That he HAS NOT PROMOTED OR circumstance. The Supreme Court said that the
FACILITATED the prostitution of his wife or penalty stated therein, destierro, is not really a
daughter, or that he or she has not consented penalty on the legally married spouse who killed
to the infidelity of the other spouse. the other spouse. It is not a penalty but it is more
of a guard, a privilege for him so that he may be
FIRST REQUISITE/ELEMENT: free from any retaliation of any of the family of the
 Under the first element, it is required that the victim. So destierro here is not really a penalty.
legally married spouse surprises the other spouse Again, Article 247 is not a felony. It is a defense, a
while in the actual act of sexual intercourse with privilege; it is an exempting circumstance or an
another person. So note the surprising must be absolutory cause.
in the actual act of sexual intercourse and NOT
before, NOT after. PEOPLE v. ABARCA
 If you will read the book of Reyes, Justice Laurel, In this case, there was this student reviewing for the
naghinanakitsya. Sabinya, “Why? Why should it bar. There were already rumors that his wife was having an
be in the actual act of sexual intercourse, you affair. So one time, he went home unannounced. Upon his
already saw your spouse with another man, why arrival, he saw his wife in sexual intercourse with another
wait for the sexual intercourse? You know it will man. The man jumped out the window. The husband
happen, why wait for it for Article 247? This is wanted to kill the man but he had no weapon at the time.
what Justice Laurel said. But the Supreme Court The man went away. It took the husband an hour before he
said no, the surprising must be in the act of sexual was able to find a weapon and upon finding a weapon, he
intercourse with another person. Not before, not went directly to the whereabouts of the man, the lover of
after, not during the preliminaries. the wife and killed the man. It took him one hour. The killing
took place an hour, not in the actual sexual intercourse, but
SECOND REQUISITE/ELEMENT: is it immediately thereafter? Despite the fact that one hour
 The second element requires that the said had lapsed, would it be within the meaning of immediately
legally married spouse kills any or both of them thereafter?
or he inflicts serious physical injuries upon any or
both of them. Again, while in the act of sexual The Supreme Court, in this special case, said yes.
intercourse or immediately thereafter. There is According to Supreme Court, when the law uses the
no question as to the “actual act of sexual phrase “immediately thereafter”; that the killing or the
intercourse” but what about “immediately infliction of serious physical injuries must take place
thereafter”? immediately thereafter, the law did not say that the killing
 What does the phrase “immediately thereafter” must be done instantly. According to the Supreme Court, it
mean? suffices that the proximate cause for the said killing is the
 The Supreme Court said, “immediately said pain and the look on the said husband upon chancing
thereafter” means there must not be lapse of his wife in the basest act of infidelity. This is an exceptional
time between the surprising and the killing or case.
infliction of serious physical injuries.  Why an exceptional case?
Therefore the surprising and the killing or
infliction of serious physical injuries must be a  Because henceforth, after People v Abarca,
continuing process. the Supreme Court has already interpreted
“immediately thereafter”, as there must be no
Q: What if the husband arrived home and the wife arrived lapse of time between the surprising and the
home from the market. She was about to go the kitchen killing. The surprising and the killing must be
when suddenly, she heard voices in the master’s bedroom continuous.
and so she opened the said master’s bedroom and saw her  Legal luminaries say that this is an
legal husband in actual sexual intercourse with another exceptional case because the husband was
person. Notice that the law says, “other person” which reviewing for the bar which is why he was
means it could be a man or a woman. Upon seeing that, given this special _. Because in all other
the wife who still has a knife in the basket, immediately cases after this, the Supreme Court is strict in
went towards the husband and stabbed him. The woman implementing “immediately thereafter”. The
fled. The husband died. Of what crime would you prosecute Supreme Court is strict because this is not a

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felony, it is a privilege therefore it must be  If in the information, A killed B and it was attended by
strictly interpreted and not liberally interpreted treachery, in consideration of a price, reward or
in favor of the accused. promise, by means of a motor vehicle, so there are
 Look that if the injury inflicted by the legally three qualifying circumstances. Only one will suffice to
married spouse on the lover or the other qualify the murder to killing, all the other aggravating
spouse, is less serious physical injuries or circumstances will be considered not as qualifying
slight physical injuries, he is totally free from circumstances but as mere generic aggravating
criminal liability. Liability will only come in if circumstances.
the other spouse is killed or inflicted with
serious physical injuries. ART 249 – HOMICIDE
 With regards to the liability of the accused to ELEMENTS:
the injuries sustained by other people, liable 1. That a person was killed
to physical injuries through negligence, as the 2. That the accused killed him without any justifying
case maybe. There is no intent to kill the circumstance
other victims. 3. That the accused had the intention to kill, which is
 Note that the SC ruled that inflicting death presumed
under exceptional circumstances is NOT 4. That the killing was not attended by any of the
murder. qualifying circumstances of murder, or by that of
parricide or infanticide.
ART 248 – MURDER  When a person kills another person, and it is not
ELEMENTS: attended by any qualifying circumstance under Article
1. That a person was killed 248, the killing is considered as Homicide under Article
2. That the accused killed him 249.
3. That the killing was attended by any of the qualifying
circumstances mentioned in Article 248
4. That the killing is not parricide or infanticide ART 250 – PENALTY FOR FRUSTRATED OR
ATTEMPTED PARRICIDE, MURDER OR HOMICIDE
 Murder is committed by any person who shall kill
another person which will not amount to parricide or ART 251 – DEATH CAUSED IN A TUMULTOUS AFFRAY
infanticide and the killing is attended by the following  What is a tumultuous affray?
qualifying circumstances:  A tumultuous affray is a commotion, wherein
1. Treachery, taking advantage of superior people fight in a tumultuous or confused manner
strength, with the aid of armed men, or such that it cannot be ascertained or determined
employing means to weaken the defense, or who has killed the victim or who has inflicted
of means or persons to insure or afford physical injuries on the victim.
mutiny.
2. In consideration of price, reward or promise ELEMENTS:
3. By means of inundation, fire, poison, 1. That there be several persons
explosion, shipwreck, stranding of a vessel, 2. That they did not compose groups organized for the
derailment or assault upon a railroad, fall of common purpose of assaulting and attacking each
an airship, by means of motor vehicles, or other reciprocally
with the use of any other means involving 3. That these several persons quarreled and assaulted
great waste and ruin. one another in a confused and tumultuous manner
4. On occasion of any calamities enumerated 4. That someone was killed in the course of the affray
in the preceding paragraph, or of an 5. That it cannot be ascertained who actually killed the
earthquake, eruption of a volcano, destructive deceased
cyclone, epidemic, or any other public 6. That the person or persons who inflicted serious
calamities. physical injuries or who used violence can be
5. With evident premeditation. identified.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or  Article 251, death in a tumultuous affray, is committed
outraging or scoffing at his person or when there are several persons who do not compose
corpse (RA 7659) groups which have been organized to assault and
quarrel with one another reciprocally, assaulted and
 These are the qualifying circumstances for murder attacked each other reciprocally and in the course of
(See Article 14-aggravating circumstances, Book the affray, someone is killed. And it cannot be
I) Know the elements in Article 14. ascertained or identified or determined who killed the
 All of these are aggravating circumstance under victim, then the person who inflicted serious physical
Article 14. Note, in order to qualify a killing to injuries or those who used violence against the said
murder, only one is necessary. victim can be identified.

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 Someone is killed. Note that he can be any person; he died. What crime is committed? Is it under Article 251,
can be someone from the affray, he can be a mere Death in tumultuous affray?
passerby, he can be just someone watching the affray, A: No. It is murder or homicide as the case
so long as he is killed in the affray and it cannot be may be. This is because the perpetrator of the
ascertained who killed him, then the person who crime is identified, ascertained or determined.
inflicted serious physical injuries on him is liable if he Death in a tumultuous affray under Article 251 can
can be identified. If this person cannot be identified, only be charged if the actual perpetrator of the
then the person who used any kind of violence against crime who killed the victim cannot be ascertained
him shall be criminally liable. or identified.

ART 253 – GIVING ASSISTANCE TO SUICIDE


ART 252 – PHYSICAL INJURIES INFLICTED IN TWO ACTS PUNISHABLE:
TUMULTUOUS AFFRAY I.By assisting another to commit suicide, whether the
ELEMENTS: suicide is consummated or not; or
1. That there is a tumultuous affray II.By lending assistance to another to commit suicide to
2. That a participant or some participants thereof suffer the extent of doing the killing himself.
serious physical injuries or physical injuries of a
less serious nature only.  Giving assistance to suicide – binigyan mong rope;
3. That the person responsible thereof cannot be binigyan mo ng poison.
identified  A friend wanted to commit suicide, he doesn’t know
4. That all those who appear to have used violence the way, the means and you agreed with him, you
upon the person of the offended party are known. assisted and gave the best poison in the world. So you
assisted the said friend in committing suicide. Note
 Note that the victim here must be a participant. The that if a person assisted in committing suicide by giving
law is specific. The participants must be the one him poison, the initiative must come from him. The
injured with serious physical injuries or less serious desire to kill himself must come from the victim. He
physical injuries. Not slight physical injuries. wanted to commit suicide and you merely provide
assistance in the commission of suicide.
 Article 252, we have physical injuries inflicted in  B wanted to commit suicide, here comes A, A gave
tumultuous affray, is committed when in a tumultuous assistance to B but B survived. B did not die. Only A is
affray, a participant has suffered serious physical criminally liable because suicide or attempt to commit
injuries or less serious physical injuries and it cannot suicide is not a felony within Philippine jurisdiction. It is
be ascertained who inflicted these injuries but the only the one who assisted to commit suicide is
person who used violence on the victim can be criminally liable but not the person who attempted to
identified or determined. commit suicide.
 If the injury caused to the victim is only slight physical
injuries, then no one is liable because if a person Q: What if a terminally sick person with cancer, he was
engaged in a tumultuous affray or participated therein, lying in bed, almost lifeless and it was only a machine that
the law presumes that it is __ therefore no one is liable was giving life to his body. Now, the mother of the patient
if the injuries sustained is only slight physical injury and she took pity of her son because the son was
and it cannot be determined who inflicted the said agonizing and was only breathing through the said
slight physical injury on the victim. machine. The mother wanted to finish the suffering of the
son and at the time she visited the hospital, she turned off
Q: There was this tumultuous affray, several people were the machine and the son died. He killed her son out of
attacking and fighting each other. Suddenly, here comes a mercy. So it is mercy-killing or euthanasia. Is the mother
balot vendor. He saw the affray. He was just there, liable for giving assistance to suicide?
watching, suddenly he fell on the ground. He died because A: No because the initiative to kill did not come
of a stab wound. Now, it cannot be ascertained who from the sai person who was ill. The crime
stabbed him, so no one saw who stabbed him. Who will be committed by the mother is parricide for killing
held criminally liable? her son. If it were other person, it was murder.
A: Any person who inflicted serious physical Evidently, it was murder because there was
injuries on him. No one has seen also who had evident premeditation; there was thinking before
inflicted serious physical injuries against him. The doing the act of mercy-killing.
any person who inflicted any violence against
him shall be criminally liable. ART 254 – DISCHARGE OF FIREARMS/ ILLEGAL
DISCHARGE OF FIREARMS
Q: There was this tumultuous affray, several people were ELEMENTS:
attacking and fighting each other. Suddenly, here comes a 1. That the offender discharges a firearm against or at
balot vendor who saw the affray and he was just there, another person
watching. While he was watching the affray, one of the 2. That the offender has no intention to kill that person
participants of the affray, X, saw him and went directly to
the balot vendor and stabbed him twice. The balot vendor

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Q: What if there was this park. The park was full of people long as the child is less than three (3) days old, it is
and then suddenly, here comes X, X went to the park, put infanticide. It is the age that is controlling, not the
out his firearm, and he fired shots in the air. What crime is relationship.
committed?
A: X committed Alarms and Scandals under
Article 155. When he fired shots in the air, his ILLUSTRATION:
intention was to cause disturbance of public peace Q: So what if there was this woman and this woman gave
and tranquility. The firearm was not aimed towards birth to a child. After giving birth to the child while the child
any person. was only a day old, she already wanted to kill the child in
order to conceal her dishonor. However, she could not kill
Q: What if X went to a public place full of people. X saw his the child by herself and so she asked a favor from a friend.
enemy, Y, and so to threaten Y, X pulled out his firearm, And so the friend arrived and both the mother and the said
aimed the firearm at Y in order to threaten him. X friend killed the child, a day old, by suffocating the said
discharges the firearm, however, with no intention to kill Y. child with a big pillow. The child less than three days old,
His only intention is to threaten Y and Y was not killed. died. What crime/s is/are committed?
What crime is committed? A: The mother is liable for infanticide. The
A: The crime committed is Article 254, Illegal said stranger friend is also liable for
Discharge of Firearms. Illegal discharge of infanticide. There was conspiracy on them. This
firearms is committed by any person who aims time conspiracy on life, both of them are liable for
and discharges the firearm to any other person infanticide under only one information. Isang
absent the intent to kill the said person. The information langsa court and that is infanticide.
purpose is merely to threaten the said person. Both the mother and the friend are conspirators of
infanticide.
Q: What if in the same public place, X went there and
pulled out his firearm because he saw his enemy, Y. He Now let us say that the mother is convicted. If the
aimed the gun at Y with intent to kill, because he wanted to mother is convicted, the penalty imposed by the law as
kill his enemy. However, Y saw it and was able to avoid. provided in Article 255 is equivalent to parricide which is
What crime is committed? reclusion perpetua to death. On the other hand, if the
A: X committed attempted homicide or murder, stranger is convicted under Article 255, the penalty to be
as the case may be. Although Y was not hit, the imposed is equivalent to murder therefore, also reclusion
fact that the said firearm was discharged with perpetua to death. But note the charge is that he is guilty
intent to kill, it is already attempted homicide or of infanticide.
murder, as the case may be. The fact that the said mother killed the child, less
than three days old, in order to conceal dishonorwill
Q: What if in the said merry-making, there were so many mitigate the criminal liability of the mother. NOTE:The
people. X went there. He saw his enemy Y and went penalty will be lowered not by one, but by two degrees,
directly to Y, took out his gun and he poked the gun without from reclusion perpetua to death, the penalty of the mother
discharging. What crime is committed? will only now become prision mayor.
A: The crime committed is other light threats.
So here, threatening another with a gun, without Q: What if let us say that the killer of the less than three
discharging, only poking. It is other light threats. It day old child is the maternal grandparents. The
is not grave threats, it is not light threats. It is only grandparents conspired in the killing in order to conceal the
other light threats, arrestomenor. dishonor of their daughter. What is the effect of the
concealment of the dishonor?
 So kapag discharge, pinutok – it could either be alarms A: The concealment of the dishonor will also
and scandals, illegal discharge of firearms or mitigate the criminal liability of the maternal
attempted or frustrated murder or homicide, as the grandparents that is one degree lower. So sa
case may be. mother, two degrees lower, from reclusion
 If no discharging, only poking, or threatening with a perpetua to death magigingprision mayor. Sa
firearm, it is only other light threats maternal grandparents one degree lower lang,
from reclusion perpetua to death it will now
ARTICLE 255 – INFANTICIDE become reclusion temporal. Whatever it is,
Infanticide is the killing of a child less than three concealment of dishonor is akin to a privilege
(3) days old or less than seventy-two (72) hours. So in the mitigating circumstance because the lowering of
case of infanticide, it is the AGE OF THE VICTIM THAT IS the penalty is not merely by periods but by
CONTROLLING. The victim, the child, the infant, must be degrees. So it is akin to a privilege mitigating
less than three (3) days old. He must be less than seventy- circumstance.
two hours. If it is only three (3) days old or above it is any
other crime but not infanticide. Q: So what if in the same problem I gave, the woman gave
 Who is the offender in Infanticide? birth to the child and wanted to kill the child but this time
The offender can be the parents, the mother, the the infant is already three days old and the child was killed
father, the grandparents or it can be any other person so

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by the said mother and the friend. What are the crimes
committed? ILLUSTRATION:
A: The mother is liable for Q: So what if there were two college students, a boyfriend
parricidewhile the stranger/friend is liable for and girlfriend. The girlfriend became pregnant and the
murder. And this time no amount of concealment boyfriend said, ‘I am not yet ready. We are still so young so
of dishonor will mitigate the criminal liability of the I cannot marry you.’ And so by reason thereof the girlfriend
mother. So there lies a difference between said, ‘how about my situation? I am already pregnant.’ And
parricide and infanticide if the offender is the so by reason thereof, they both decided in order to conceal
parent or the mother of the child. the dishonor of the said female student, they both decided
JUST REMEMBER: If the child is less than three days old to abort the fetus. So what the boyfriend did was he went to
or less than 72 hours, IT IS INFANTICIDE. It is the age the sidewalks of Quiapo and bought there aborting
that controls. If the child is three days old and above, beverages and he administered the same to the said
PARRICIDE OR MURDER, as the case may be. It is woman. And the female student drank the aborting
obvious murder because a three day old child or infant is beverage and the fetus died. What crime/s is/are
totally defenseless. committed?
A: In so far as the boyfriend is concerned, the
ARTICLE 256, 257, 258 AND 259 ARE ALL ABOUT crime committed is intentional abortion under
ABORTION Article 256. In so far as the said female student is
ARTICLE 256 – INTENTIONAL ABORTION concerned, the crime committed is also intentional
ARTICLE 257 – UNINTENTIONAL ABORTION abortion but it is under Article 258 – Abortion
ARTICLE 258 – ABORTION PRACTICED BY THE practiced by the woman herself or by her parents.
WOMAN HERSELF OR BY HER PARENTS So, both of them are liable for intentional abortion.
ARTICLE 259 - ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND DISPENSING OF Q: But what if despite the fact that the female student had
ABORTIVES already taken or drank the abortive beverage still the fetus
survived? Malakasangkapitngbatasa maternal womb. What
Note that there are four (4) articles on abortion but there crime is committed if any by the boyfriend and the
are only two (2) type of abortion: girlfriend? Is there a crime such as frustrated intentional
1.) INTENTIONAL ABORTION abortion?
2.) UNINTENTIONAL ABORTION A: YES. There is a crime such as frustrated
Because the abortion practiced by the woman herself or intentional abortion. Here, the said woman has
the mother and the abortion practiced by a physician or already taken the said abortive beverage. He has
midwife are all intentional abortion. So in effect, we only already performed all the acts necessary to
have to kinds of abortion. We have intentional abortion and consume the crime of abortion however, abortion
unintentional abortion. did not result because of causes independent of
ABORTION – is the willful killing of a fetus from the their will. Malakasangkapitngbatasa maternal
mother’s womb or the violent expulsion of a fetus from the womb and so the baby survived. And so, they are
maternal womb which results in the death of the fetus. both liable for frustrated intentional abortion.

INTENTION ABORTION is committed in three (3) ways: IS THERE A CRIME SUCH AS FRUSTRATED
1.) By using violence upon the person of the pregnant UNINTENTIONAL ABORTION?
woman resulting to abortion. NO. This time there is no crime such as
2.) Without violence, by acting without violence, frustrated unintentional abortion. Because in
without the consent of the woman by unintentional abortion, the intention is against the
administering aborting drugs or beverages woman and abortion only happens unintentional.
WITHOUT THE CONSENT OF THE PREGNANT
WOMAN. ILLUSTRATION:
3.) By acting without violence, WITH THE CONSENT Q: So let’s say a man exerted physical violence against the
of the pregnant woman that is by administering woman who happens to be his enemy. The said woman
aborting drugs or beverages to a pregnant woman was severely hurt however, the baby was not hurt. The
this time with her consent. fetus inside the tummy did not die. What is the crime
committed by the said man?
UNINTENTIONAL ABORTION can only be committed in A: Only serious physical Injuries against the
one (1) way and that is by exerting physical violence on a woman. No crimes against the fetus because there
pregnant woman. And in result thereof, an unintentional was no intent in so far as the fetus is concerned.
abortion was suffered.
In unintentional abortion the force employed was Q: But what if in the said problem, the man inflicted
physically exerted on a pregnant woman. The intention of violence on the pregnant woman who happens to be his
the offender is not against the baby or the fetus but against enemy. Let’s say he kicked and moved the said woman
the mother. His intention is against the mother but in so severely and by reason thereof the pregnant woman was
doing, since the mother is pregnant, the baby/fetus was 1:44:17. What crime/s is/are committed?
also aborted. So abortion was unintentionally caused.

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A: The crime committed against the woman is Under Article 260 - Duel, there are three acts punished in
serious physical injuries. As against the fetus, a duel:
the crime committed is unintentional abortion. 1.) By killing one’s adversary in a duel.
Now, it resulted from one single act therefore it will 2.) By inflicting physical injuries upon one’s
result to a complex crime of SERIOUS PHYSICAL adversary.
INJURIES WITH UNINTENTIONAL ABORTION 3.) By making a combat by merely entering into a
under ARTICLE 48 OF BOOK 1. It is a complex duel.
crime. It is a single act resulting to two less grave
felonies. So under Article 260, the persons who are liable are the
combatants and adversaries, those who engage in a duel
Q: What if a husband arrived home at 5 o’clock in the and yungkanilangalalay, yung seconds.
morning. He saw his wife looking at the children and is
making breakfast. Suddenly the cellphone of the wife rang, Under Article 261- Challenging to a duel, there are also
the pregnant wife answered the cellphone and she began three acts punished:
giggling. When she began giggling, the husband took the 1.) By challenging another to a duel.
cellphone from the said wife and listened to the cellphone. 2.) By inciting another to give or accept a challenge to
He heard a voice of a man on the other line of the a duel.
cellphone. Since he heard the voice of the man and he just 3.) By scoffing at or decrying another publicly for
arrived from work, he became jealous and with the use of a having refused to accept a challenge to fight a
knife he stabbed the wife. The wife died and the fetus died. duel.
What crime/s is/are committed?
A: In so far as the wife is concerned, the crime Under Article 261, the persons criminally liable are both the
committed is parricide. In so far as the baby is challenger and the instigator.
concerned, the crime committed is NOTE that if it is not a duel or there is no agreement to
unintentional abortion. Again, it resulted from combat or to fight, let’s say there was no agreement
one single act of stabbing the wife therefore it will between A and B to fight and yet they fought and B died,
give rise to a COMPLEX CRIME OF PARRICIDE the crime committed is HOMICIDE because Article 260 and
WITH UNINTENTIONAL ABORTION. There is a 261 only applies if there is an agreement to fight, to a duel
crime against the wife which is parricide and or a combat.
against the fetus which is unintentional abortion
resulting from a single act therefore, it is parricide CRIMES OF PHYSICAL INJURIES:
with unintentional abortion.
ARTICLE 262 – MUTILATION
ARTICLE 259 - ABORTION PRACTICED BY A Mutilation is the clipping off or chopping off of a
PHYSICIAN OR MIDWIFE AND DISPENSING OF particular part of a body which is not susceptible to grow
ABORTIVES again.
Two kinds of mutilation:
UNDER ARTICLE 259, there is another act punished and 1.) By intentionally depriving another of a part of his
that is dispensing of abortives. Dispensing of abortives is body which is an essential part for
committed by a pharmacist who shall dispense an abortive REPRODUCTION.
without a prescription from a physician. The mere act of 2.) By intentionally committing other mutilation that is,
dispensing the said abortives without prescription from a BY DEPRIVING HIM OF ANY OTHER PART OF
physician will hold the said pharmacist criminally liable. HIS BODY WITH INTENT TO DEPRIVE HIM OF
SUCH PART OF HIS BODY.
ARTICLE 260 - DUEL
ARTICLE 261 – CHALLENGING TO A DUEL Under the first kind, that is mutilating an organ
What is a duel? essential for reproduction, is otherwise known as
A duel is a combat with deadly weapons CASTRATION. You will know that the penalty is even
concerted between two or more persons who have decided higher than homicide. Killing a person is only punishable
or agreed to fight. by reclusion perpetua while castrating a person is
punishable by reclusion temporal to reclusion perpetua.
ELEMENTS OF A DUEL: Because if you are castrated it is as if you are already
1.) It is necessary that the offenders that there was killed. That’s why it has a higher penalty.
an agreement to engage in combat or in a  Mutilation is a felony which cannot be committed
fight. out of imprudence or negligence. Because the
2.) There must be two or more seconds for each law requires that there must be the deliberate
combatant. intent to mutilate, the deliberate intent to clip off,
3.) The firearms or the arms to be used as well as the to severe a particular part of the body of a person.
other terms of the combat must be agreed upon Absent that deliberate intent, any person who
by the said seconds. loses a part of his body, it can only be serious
physical injuries but not mutilation. So in mutilation
it is always committed with deliberate intent or

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dolo to mutilate. Absent that, it is serious physical THAN 90 DAYS, in consequence of
injury. the physical injuries inflicted
ILLUSTRATION 4. When the injured person becomes ill or
Q: Let’s say A and B were engaged in a fight, they were incapacitated for labor for more than 30 days (but
both fighting and A was losing and so he took out his bolo. must not be more than 90 days), as a result of the
His intention was to cut the body of B in order to defeat him physical injuries inflicted.
however, B tried to prevent him and placed his hand and by Note: All of this, all of the enumeration mentioned in Art.
reason thereof, the right hand of B was severed from his 263 are already considered serious physical injury. If a
body. Is the crime committed mutilation? person becomes ill or incapacitated for more than 30 days,
A: NO. It is not mutilation because there was no it is already serious physical injuries. It is already divided
deliberate intent to clip off or to severe the right into categories for purposes of penalty. Because they differ
hand of B. His intention was to attack or to stab B in penalty. But the moment the said person, by reason of
and in so doing, it resulted to the loss of an arm the said injury becomes ill or incapacitated for labor for
therefore, the CRIME COMMITTED IS SERIOUS more than 30 days, it is already, serious physical injury.
PHYSICAL INJURIES. Physical injuries can either
be serious physical injuries, less serious physical So the FIRST CATEGORY is, that the injured person
injuries or slight physical injuries. becomes INSANE.
PHYSICAL INJURIES is the act of wounding, beating or
assaulting another with no intent to kill. It also involves the INSANITY refers to a mental disease by reason thereof a
act of knowingly administering injurious beverages or person can no longer appreciate the consequences of his
substances absent intent to kill. So always there is no act.
intent to kill in order to amount to physical injuries because
even if the injury is only slight or no injury at all but if there IMBECILITY is when a person is already advanced in age,
is intent to kill, it is already in the stage of homicide. So yet he has only the mind of a 2-7 year old child.
there must be no intent to kill.
It also includes the act of knowing administering injurious IMPOTENCY includes the inability to copulate or sterility.
substances absent intent to kill.
BLINDNESS requires loss of vision of both eyes by reason
So always, there is no intent to kill in order to amount to of the injury inflicted. Mere weakness in vision is not
physical injuries. contemplated.

Because even if the injury is only SLIGHT or no injury at all, Under the SECOND CATEGORY:
but there is intent7 to kill, it is already in the attempted
stage of Homicide. So there must be no intent to kill. The offender loses the use of speech or the power to heal
or to smell, or looses an eye, a hand, a foot, an arm or a
ARTICLE 263 –SERIOUS PHYSICAL INJURIES leg.
- So if it is only an eye which has been lost, it is
Under Art. 263, the serious physical injuries punished serious physical injury but under the Second
are: Category already. The penalty is lesser than that
of the First Category.
1. When the injured person becomes insane,
imbecile, impotent, or blind in consequence of the Under the THIRD CIRCUMSTANCE/CATEGORY:
physical injuries inflicted.
2. When the injured person: When the offender becomes DEFORMED.
a. Loses the use of speech or the
power to heal or to smell, or looses So what is this so-called DEFORMITY which will result in
an eye, a hand, a foot, an arm or a serious physical injury?
leg; or
b. Loses the use of any such member, Q: A hacked B with the use of a bolo on his stomach. So
or there was a big mark on his stomach despite the fact that it
c. Becomes incapacitated for the work was already healed, there was a big scar on the said
in which he was therefore habitually stomach. The doctor said that the said injury requires
engaged in the consequence of the medical treatment for 2 weeks. What crime is committed?
physical injuries inflicted Is it serious physical injury or is it less serious physical
3. When the injured: injury?
a. Becomes deformed
b. Loses any other member of his A: The crime committed is only LESS SERIOUS
body; or PHYSICAL INJURY. There was no deformity.
c. Becomes ill or incapacitated for the Although there was a big scar on the stomach, it
performance of the work in which he would not amount to deformity. An injury in order
was habitually engaged for MORE to amount to deformity which would bring about
serious physical injury must result to a physical

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CRIMINAL LAW 2
ugliness on a person. There are 3 requisites befor circumstances for murder. That is, if it is done
deformity may be considered as a serious physical with treachery, evident premeditation, the
injury: crime committed is qualified serious physical
injuries.
1. There must be physical ugliness produced on
a body of a person ARTICLE 264 –ADMINISTERING INJURIOUS
2. The said deformity should be permanent and SUBSTANCE OR BEVERAGES
definite abnormality and it would not heal
through the natural healing process ELEMENTS:
3. The said deformity must be located in a 1. The offender inflicted serious physical injuries
conspicuous and visible place upon another
2. It was done by knowingly administering to him any
EXAMPLE OF “The said deformity should be permanent injurious substances or beverages or by taking
and definite abnormality and it would not heal through the advantage of his weakness of mind or cruelty
natural healing process”: 3. He had no intent to kill

A boxed B. He lost his 2 front teeth permanently. What


crime was committed? ARTICLE 265 – LESS SERIOUS PHYSICAL INJURIES

A: The crime committed was SERIOUS LESS SERIOUS PHYSICAL INJURIES is


PHYSICAL INJURY. Because it is a deformity committed if by reason of the injury inflicted, the offended
even if the doctor says that he can still replace it, party requires medical attendance or he cannot perform
the fact still remains that it cannot be healed the work with which he is habitually engaged for a period of
through a natural healing process. 10-30 days. So the requirement of medical attendance or
his incapacity to do his work for a period of 10-30 days, it
A boxed B, A lost another tooth. will bring about less serious physical injury.

A: The crime committed will LESS SERIOUS OR Q: What circumstances will QUALIFY LESS SERIOUS
SLIGHT PHYSICAL INJURIES depending on the PHYSICAL INJURIES?
medical attendance. Because it cannot be seen. It
is not located in a visible or conspicuous place. 1. When there is manifest intent to insult or offend
the injured person
A poured muriatic acid on the face of another person whom 2. When there are circumstances adding ignominy to
he hates and so because of that, the face of that person the offense
becomes deformed, it became ugly. Later, she went on a 3. When the victim is the offender’s parents,
plastic surgeon. When he got out of the plastic surgery ascendants, guardians, curators, or teachers
clinic, she now looks like Vilma Santos. Is the accused 4. When the victim is a person of rank or person in
person liable for serious physical injuries? authority, provided the crime is not direct assault

A: Yes. Even if she became prettier than before, it So the crime committed here, with the attendance of these
is still a fact that by reason of the said injury it circumstances qualify less serious physical injuries.
cannot be healed through the natural healing
process. It will require the attendance of medical
surgeon. Therefore, it is considered as a ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND
deformity. MALTREATMENT

If the said physical ugliness is not located on a visible or 3 KINDS OF SLIGHT PHYSICAL INJURIES AND
conspicuous place, it would be depending on the MALTREATMENT:
deployment of medical attendance. 1. Physical injuries which incapacitated the offended
party for labor from 1 to 9 days, or required
Q: When is serious physical injuries qualified? medical attendance during the same period
2. Physical injuries which did not prevent the
A: Serious physical injuries is qualified: offended party from engaging in his habitual work
1. If it is committed against any of the persons or which did not require medical attendance
enumerated in Parricide. That is when serious 3. Ill-treatment of another by deed without causing
physical injuries is committed against the any injury
father, mother, child, whether legitimate or
illegitimate; legitimate other ascendant or Maltreatment of another by deed without causing any injury
other descendant and legitimate spouse of is the act of INFLICTING PAIN ON ANOTHER PERSON
the accused. WITHOUT CAUSING ANY WOUND OR INJURY.
2. If in the infliction of serious physical injuries, it
is attended by any of the qualifying CASE: PEOPLE VS MAPALO (in Book I)

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CRIMINAL LAW 2
Q: What if the woman was sleeping when a man had a
Let us say that A was walking. Here comes B. B carnal knowledge of the said woman. Is it rape by carnal
used a lead pipe, he went to A and hit the head of A with a knowledge?
lead pipe. Thereafter, he ran away. The medical certificate
showed that the head of A did not sustain any injury. He A: Yes. The Supreme Court said that the woman
was charged with attempted homicide. Supreme Court who is sleeping is unconscious.
said, the crime committed is ILL-TREATMENT OF
ANOTHER BY DEED, a form of slight physical injury under Q: What if the woman is half asleep when the carnal
Art. 266. knowledge was done by the said man? Is it still rape?

According to the Supreme Court, there was pain A: Yes, said by the Supreme Court. The woman
inflicted on A, but there was no injury and there was no was unconscious.
intent to kill because the said offender immediately ran
away after hitting him a single time. So the crime committed THIRD:
is MALTREATMENT OF ANOTHER PARTY.
A is 11 years old. He is cohabiting with a man who is 20
years old. They are luvingtgether as if they are husband
ARTICLE 266-A – RAPE and wife. Of course, they had carnal knowledge. The man
is liable for STATUTORY RAPE. The number of times that
RAPE is now a crime against person; it is no he had carnal knowledge of the said woman, that is the
longer a crime against chastity. Because of the amendment number of the counts of rape. So if he had carnal
brought about by RA 8353 – THE ANTI-RAPE LAW. knowledge of the woman 5 times during the time that they
were together – 5 counts of statutory rape. That is because
2 TYPES OF RAPE/HOW RAPE IS COMMITTED: the child, the victim, is below 12 years of age. Insofar as
1. By a man who shall have carnal knowledge of a criminal law is concerned, she does not have a mind of her
woman own, she cannot give a valid consent.
2. Sexual Assault
Q: What if, so the law requires that the said act of carnal
There is RAPE BY CARNAL KNOWLEDGE when a man knowledge must be with the use of force, threat, or
has carnal knowledge of a woman against her will. intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
ELEMENTS OF A RAPE BY A MAN WHO SHALL HAVE intimidation in the said carnal knowledge of a daughter. Is
CARNAL KNOWLEDGE OF A WOMAN : the crime committed rape?
1. Offender is a man
2. Offender had carnal knowledge of the woman A: Yes. The crime committed is rape. It is
against her will INCESTUOUS RAPE. In case of incestuous rape,
3. Such act is accomplished under any of the it is the overpowering and overbearing moral
following circumstance: influence or moral ascendency of an ascendant
a. Through force, threat, or intimidation over a descendant which takes place of force,
b. When the offended party is deprived of threat, or intimidation. That is why in case of
reason or is otherwise unconscious inceuous rape, force, threat, or intimidation is not
c. By means of fraudulent machination or grave indispensable; it is not necessary. Because it is
abuse of authority the overpowering and overbearing moral influence
d. When the offended party is under 12 years of or moral ascendency which a father has over his
age or is demented, even though the daughter which takes place of force, threat or
circumstances mentioned above be present intimidation.

FIRST - “OFFENDER IS A MAN” Q: What if A and B are lovers and then suddenly B filed a
So in rape by carnal knowledge, who is the offender? A case against A because according to B, he was raped by
MAN. her boyfriend. In the course of the trial of the case, the
Who is the offended party? A WOMAN. defense of the man was the so-called, “sweetheart defense
The law is SPECIFIC. theory.” According to him, “We are sweet lovers.” Therefore
according to him, it is impossible for him to have raped her
SECOND - “OFFENDER HAD CARNAL KNOWLEDGE because we are sweet lovers. Will said sweetheart defense
OF THE WOMAN AGAINST HER WILL”" theory lie in his favor?
The offender has carnal knowledge of a woman against her
will and it is committed by using force, threat, or A: Supreme Court said, in case of “sweetheart
intimidation. When the offended party is deprived of reason defense theory”, for it to lie, mere oral testimonty
or otherwise unconscious. will not suffice. There must be documentary
evidence, memorabilia, picture, love letters, etc.
which would show that indeed they are
sweethearts – boyfriend & girlfriend or lovers. But

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mind you, even the Supreme Court said this, there *So what if what has been inserted is the penis inside the
was not a case wherein the “sweetheart defense mouth or the anal orifice, before that would only amount to
theory” has acquitted a man. acts of lasciviousness - before the passage of RA 8353.

Therefore, under any all circumstances which involves the *The law says that it must be an instrument or object which
“sweetheart defense theory” will not lie in favor of a man. was inserted in the genitalia or in the anal orifice of another
Because it does not mean that when you are the person.
sweetheart, you can no longer rape the other person.
Q: What if it was the finger which was inserted in the
In Book I, there is no such thing as FRUSTRATED RAPE. genitalia of a person? Is it acts of lasciviousness or rape by
Rape admits only 2 stages: ATTEMPTED RAPE and sexual assault?
CONSUMMATED RAPE.
A: Supreme Court said it is RAPE BY SEXUAL
The reason is that a mere touch of an erected penis on the ASSAULT. According to the Supreme Court, it
labia or lips of a woman’s genitalia will already would be so weird if what has been inserted is an
consummate rape. instrument or object, it would be rape by sexual
assault, but if it was finger, it would be rape by
It is not necessary that there be deep or complete acts of lasciviousness. The finger is within the
penetration. It is not necessary that the vagina did mean of an instrument or object insofar as rape by
lacerated. Mere touch of the lips or the labia of a woman’s sexual assault is concerned.
genitalia already consummates rape.
Q: In case of RAPE, what are the circumstances which will
Q: What if, what the erectile penis has touched was the qualify the penalty?
outer portion of genitalia, that portion which became hairy
during puberty, you have to distinguish whether it is acts of A: In case of RAPE BY SEXUAL ASSAULT, the
lasciviousness or attempted rape. penalty is only PRISION MAYOR. It is a bailable
offense.
A: If it is a RAPE BY CARNAL KNOWLEDGE, note
CASE: PEOPLE VS JALOSJOS that the penalty is RECLUSION PERPETUA. It is
a non-bailable offense
If when an erectile penis has touched the outer
portion of a woman’s genitalia which becomes
hairy during puberty, if the intention of the said Q: In case of a RAPE BY CARNAL KNOWLEDGE, when is
offender is to lie, to have carnal knowledge a penalty qualified?
against the said woman, it is attempted rape. But
if in doing so, the said man has no intention to lie A: Reclusion Perpetua to Death:
or to have carnal knowledge, that is only ACTS 1. When rape is committed with the use of a
OF LASCIVIOUSNESS. deadly weapon
2. When rape is committed by two or more
persons
What about the other form of Rape – RAPE BY SEXUAL 3. When by reason or on occasion of rape, the
ASSAULT victim becomes insane
4. When rape is attempted and homicide is
ELEMENTS: committed
1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by any of Q: What are the instances wherein the penalty to be
the following means imposed is the capital punishment of death, so the extreme
a. By inserting his penis into another person’s penalty of death?
mouth or anal orifice, or
b. By inserting any instrument or object into the 1. When by reason or on the occasion of rape,
genital or anal orifice of another person homicide is committed
3. The act of sexual assault is accomplished under 2. When the victim is under 18 years of age and the
any of the following circumstances: offender is a parent, ascendant, step-parent,
a. By using force or intimidation guardian, relative by consanguinity or affinity
b. When the woman is deprived of reason or within the 3rd civil degree, or the common law
otherwise unconscious, or spouse of the victim
c. By means of fraudulent machination or grave 3. When the victim is under the custody of the police
abused of authority or military authorities or any penal institution
d. When the woman is under 12 years of age or 4. When the rape is committed in full view of the
demented spouse, the parent, any of the children of the
relative by consanguinity within the 3rd civil degree

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5. When the victim is a religious and gauged in or with whom he has a common child, or against
legitimate religious calling or vocation and he her child whether legitimate or illegitimate, within or
known to be such by the offender before or during
without the family abode, which result in or is likely
the commission of the rape
6. When the victim of the rape is below 7 years of to result in physical, sexual, psychological harm or
age suffering, or economic abuse including threats of
7. When the said offender knows that he has been such acts, battery, assault, coercion, harassment
afflicted with HIV virus or AIDS or any other or arbitrary deprivation of liberty.
sexually transmissible disease and the virus of the Acts consisting violence against women and children:
disease is transmitted to the victim
8. When the said offender is a member of the AFP or
A. "Physical Violence" refers to acts that include bodily or
parliamentary units, the PNP or any other member
physical harm;
of the law enforcement agency who took
advantage of his position in order to facilitate the
commission of the crime B. "Sexual violence" refers to an act which is sexual in
9. By reason or on the occasion of rape, the said nature, committed against a woman or her child. It
victim suffered permanent physical mutilation or includes, but is not limited to:
disability
10. When the offender knew that the offended party or a) rape, sexual harassment, acts of
victim is pregnant at the time of the commission of lasciviousness, treating a woman or her child as a
rape sex object, making demeaning and sexually
11. When the offender knew of the mental disability, suggestive remarks, physically attacking the
emotional disorder and/or physical handicap of the sexual parts of the victim's body, forcing her/him
offended party at the time of the commission of to watch obscene publications and indecent
the crime shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing
The presence of any of these circumstances will bring the wife and mistress/lover to live in the conjugal
about the imposition of the maximum penalty of death. home or sleep together in the same room with the
However, death is lifted because of RA 9346 which abuser;
prohibits the imposition of death penalty.

In case of rape, PARDON will not extinguish the criminal b) acts causing or attempting to cause the victim
liability of the offender. According to Art. 266, pardon will to engage in any sexual activity by force, threat of
not extinguish the criminal liability of the offender. It is only force, physical or other harm or threat of physical
through: or other harm or coercion;
1. The offended woman may pardon the offender
through a subsequent valid marriage, the effect of c) Prostituting the woman or child.
which would be the extinction of the offender’s
liability C. "Psychological violence" refers to acts or omissions
2. The legal husband maybe pardoned by causing or likely to cause mental or emotional suffering of
forgiveness of the wife provided that the marriage the victim such as but not limited to intimidation,
is not void ab initio harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It
EXCEPTION: In case of MARITAL RAPE. If the legal wife includes causing or allowing the victim to witness the
has forgiven or pardoned the legal husband. physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness
Q: When is there PRESUMPTION OF RESISTANCE? pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to
A: If in the course of the commission of rape, the custody and/or visitation of common children.
said offended party has performed any acts in any
degree amounting to resistance of rape or when
the said offended party cannot give a valid D. "Economic abuse" refers to acts that make or attempt to
consent. make a woman financially dependent which includes, but is
not limited to the following:
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
ACT (VAWC) – R.A. 9262 1. withdrawal of financial support or preventing the
Violence against women and their children victim from engaging in any legitimate profession,
- refers to any act or a series of acts committed by occupation, business or activity, except in cases
any person against a woman who is his wife, wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
former wife, or against a woman with whom the of the Family Code;
person has or had a sexual or dating relationship,

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2. deprivation or threat of deprivation of financial (h) Engaging in purposeful, knowing, or reckless
resources and the right to the use and enjoyment conduct, personally or through another, that
of the conjugal, community or property owned in alarms or causes substantial emotional or
common; psychological distress to the woman or her child.
This shall include, but not be limited to, the
3. destroying household property; following acts:
(1) Stalking or following the woman or
her child in public or private places;
4. controlling the victims' own money or properties (2) Peering in the window or lingering
or solely controlling the conjugal money or outside the residence of the woman or
properties. her child;
(3) Entering or remaining in the dwelling
Acts of Violence Against Women and Their Children.- The or on the property of the woman or her
crime of violence against women and their children is child against her/his will;
committed through any of the following acts: (4) Destroying the property and personal
(a) Causing physical harm to the woman or her belongings or inflicting harm to animals
child; or pets of the woman or her child; and
(b) Threatening to cause the woman or her child (5) Engaging in any form of harassment
physical harm; or violence;
(c) Attempting to cause the woman or her child (i) Causing mental or emotional anguish, public
physical harm; ridicule or humiliation to the woman or her child,
(d) Placing the woman or her child in fear of including, but not limited to, repeated verbal and
imminent physical harm; emotional abuse, and denial of financial support or
(e) Attempting to compel or compelling the woman custody of minor children of access to the
or her child to engage in conduct which the woman's child/children.
woman or her child has the right to desist from or
desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict DATING RELATIONSHIP- refers to a situation wherein the
or restricting the woman's or her child's freedom of parties live as husband and wife without the benefit of
movement or conduct by force or threat of force, marriage or are romantically involved over time and on a
physical or other harm or threat of physical or continuing basis during the course of the relationship. A
other harm, or intimidation directed against the casual acquaintance or ordinary socialization between two
woman or child. This shall include, but not limited individuals in a business or social context is not a dating
to, the following acts committed with the purpose relationship.
or effect of controlling or restricting the woman's or
her child's movement or conduct:
(1) Threatening to deprive or actually Q: The neighbor was aware of the beatings that the
depriving the woman or her child of husband has been doing to his wife so the neighbor who
custody to her/his family; was a witness to all these beatings filed a case against the
(2) Depriving or threatening to deprive husband. Will the case prosper?
the woman or her children of financial A: Yes because under sec. 25, Violation Against
support legally due her or her family, or Women and Children (VAWC) is a public
deliberately providing the woman's offense.
children insufficient financial support; Q: When does the crime prescribe?
(3) Depriving or threatening to deprive A: If it involves physical abuse; it shall prescribe
the woman or her child of a legal right; after 20 years. If it involves psychological, sexual,
(4) Preventing the woman in engaging in and economical abuse; it shall prescribe in 10
any legitimate profession, occupation, years.
business or activity or controlling the
victim's own mon4ey or properties, or Q: Let’s say the wife filed a case against the husband for
solely controlling the conjugal or common violation of RA 9262; during the presentation of evidence
money, or properties; by the defense, the husband testified that he was always
(f) Inflicting or threatening to inflict physical harm drunk. He was alcoholic. That’s why he lost temper and
on oneself for the purpose of controlling her beats the wife. Will such defense mitigate the criminally
actions or decisions; guilty husband? Can he use such defense?
(g) Causing or attempting to cause the woman or A: Under Sec. 27 it cannot be used because
her child to engage in any sexual activity which under Sec. 27; the fact that the husband is under
does not constitute rape, by force or threat of the influence of alcohol, any illicit drug, or any
force, physical harm, or through intimidation other mind-alteringsubstance cannot be used as
directed against the woman or her child or her/his defense in VAWC therefore; alcoholism and drug
immediate family; addiction cannot be a defense in VAWC.

Battered Women Syndrome (Sec. 26)

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- Scientifically defined pattern of psychological Q: What if in the course of the said hazing or initiation rite
and behavioral symptoms found in the someone died or suffered physical injuries; who shall be
battering relationship as a result of cumulative held criminally liable?
abuse. A: If in the course of hazing or initiation rite,
someone died or some suffered any physical
 Under Sec. 26, it is provided that victim survivors injuries; all of the officers and members of the said
founded to be suffering from this battered women fraternity or organization who are present and who
syndrome shall be exempted from both criminal participated in the said initiation rite shall be
and civil liability notwithstanding the absence of liable as principal.
any of the elements of self-defense.
Q: What if the said initiation rite was conducted or held in a
 The court however shall be held by a testimony of house of an Aling Nene? Is Aling Nene criminally liable?
a psychologist or psychiatrist if the woman is A: Aling Nene is liable as an accomplice if
indeed suffering from the so called battered she has knowledge of the conduct of the said
women syndrome. initiation rites and she did not do any act in order
to prevent its occurrence.
ANTI-HAZING LAW – R.A. 8049
 If the said initiation rite took place in the
Q: What is hazing? house of a member or an officer of the said
A: Hazing is an initiation rite or practice which is fraternity or sorority; the parents of the said
used as an admission into membership in any members or officers shall be held liable not as
fraternity or any other organization wherein the an accomplice but as a principal if they have
said recruit/neophyte/applicant is placed under the such knowledge of the said conduct of the
an embarrassing or humiliating situations such as initiation rites and they did not perform any
forcing him to do menial, silly, and foolish tasks or act inorder to prevent its occurrence.
services or subjecting him into psychological or Q: When is there a prima facie evidence of participation?
physical injury or crime. A: Any person who is present in the said hazing
or initiation rite shall constitute a prima facie
Q: Is hazing totally prohibited in the Philippines? evidence that there is a participation and shall be
A: No. Hazing is not totally prohibited in the held liable as principal.
Philippines. Hazing is allowed provided that the
following requisites are present: Q: What if in the said hazing an officer beat an applicant
and he hit the neck thereby causing the death of the said
1. There must be a prior written notice sent to neophyte/recruit/applicant and so when prosecuted he
the head of the school authorities or the head said: “I have no intention to commit so grave a wrong as
of the organization 7 days before the said that committed”. Can such defense be used so as to
initiation rites and this prior written notice shall mitigate his criminal liability?
contain the following: A: No such defense is prohibited defense. Under
a. It shall indicate the date of the said RA 8049; the defense that such person has no
initiation rites which shall not be more intention to commit so grave a wrong as that
than 3 days. committed cannot be used by an accused under
b. It shall indicate/state the names of the RA 8049.
neophytes or applicants who will
undergo the said hazing or initiation  Whenever a person hits an
rites. applicant/neophyte, he is already performing a
c. It shall contain an undertaking which felonious act therefore he shall be held
states that there shall be no physical criminally liable for all the consequences of his
violence employed in any form on actions. (Art 4 book 1)
these neophyte recruits or applicants.  In the case of Lenny Villa Hazing; Sereno et.
al. considered Art. 4 wherein they ruled
2. Upon the receipt of such prior written notice; Reckless Imprudence resulting to homicide.
the head of the school or organization shall o (I disagree) In Reckless imprudence,
assign atleast 2 representatives from their the said person must be performing an
school or organization who must be present act which is not felonious but by
during the time of the said initiation rite or reason of negligence or imprudence, a
hazing and these 2 representatives shall see felony resulted. Therefore, in the case
to it that no amount of physical violence shall of Lenny Villa, the ruling shall be
be employed on any person or any neophyte homicide, it shall not be reckless
or recruit or applicant during the said hazing imprudence.
or initiation rite.
ANTI- CHILD ABUSE ACT – R.A. 7610
In so far as RA 7610 is concerned; Children are those:

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(3) Taking advantage of influence or
 Below 18 years of age relationship to procure a child as
 Above 18 years of age who does not have the prostitute;
capacity to fully protect themselves against any (4) Threatening or using violence towards
abuse, cruelty or maltreatment because of their a child to engage him as a prostitute; or
physical or mental disability. (5) Giving monetary consideration goods
or other pecuniary benefit to a child with
Q: What if two children, A and B were fighting over a gun intent to engage such child in
toy. The mother of A saw B beating A so A’s mother held B prostitution.
and gave him a tender slap. However, because B is still a (b) Those who commit the act of sexual
child, his face became reddish. Based in the medical intercourse of lascivious conduct with a child
certificate, it showed that the said act of slapping was the exploited in prostitution or subject to other sexual
cause of the injury sustained by B that made his face abuse; Provided, That when the victims is under
reddish. What crime was committed by the mother of A? Is twelve (12) years of age, the perpetrators shall be
the mother liable for Child abuse or is the mother liable for prosecuted under Article 335, paragraph 3, for
slight physical injuries? rape and Article 336 of Act No. 3815, as
A: The mother of A is liable for slight physical amended, the Revised Penal Code, for rape or
injuries only and not for violation of RA 7610. lascivious conduct, as the case may be: Provided,
That the penalty for lascivious conduct when the
Q: What do you mean by Child Abuse? victim is under twelve (12) years of age shall be
A: Child abuse refers to the maltreatment, reclusion temporal in its medium period; and
whether habitual or not, of the child which includes
any of the following: (c) Those who derive profit or advantage
therefrom, whether as manager or owner of the
 Physical or psychological abuse, neglect, establishment where the prostitution takes place,
cruelty, sexual abuse and emotional or of the sauna, disco, bar, resort, place of
maltreatment; entertainment or establishment serving as a cover
 Any act by deeds or words which debases, or which engages in prostitution in addition to the
degrades or demean the intrinsic worth and activity for which the license has been issued to
dignity of a child as a human being. said establishment.
 Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or When is there attempt to commit child prostitution?
 Failure to immediately give medical treatment 1. when any person who, not being a relative of a
to an injured child resulting in serious child, is found alone with the said child inside the
impairment of his growth and development or room or cubicle of a house, an inn, hotel, motel,
in his permanent incapacity or death. pension house, apartelle or other similar
establishments, vessel, vehicle or any other
 Not all acts committed against a child will result to hidden or secluded area under circumstances
child abuse. It is necessary that in the said act, which would lead a reasonable person to
there was this intention to debase, degrade or believe that the child is about to be
demean the intrinsic worth of a child as a human
exploited in prostitution and other sexual
being.
abuse.
Child Prostitution and Other Sexual Abuse 2. when any person is receiving services from
What is child prostitution? a child in a sauna parlor or bath, massage
Children, whether male or female, who for money, profit, or clinic, health club and other similar
any other consideration or due to the coercion or influence establishments.
of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse. What is Child Trafficking
Any person who shall engage in trading and dealing with
Aggravating Circumstances: children including, but not limited to, the act of buying and
(a) Those who engage in or promote, facilitate or selling of a child for money, or for any other consideration,
induce child prostitution which include, but are not or barter
limited to, the following: Aggravating Circumstance: if the victim is under 12 years
(1) Acting as a procurer of a child of age
prostitute;
(2) Inducing a person to be a client of a Attempt to Commit Child Trafficking. – There is an
child prostitute by means of written or attempt to commit child trafficking under Section 7 of this
oral advertisements or other similar Act:
means;

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(a) When a child travels alone to a foreign country A: Yes if the said public officer HAS NOT
without valid reason therefor and without BEEN VESTED BY LAW WITH THE
clearance issued by the Department of Social AUTHORITy to effect arrest and to detain a
Welfare and Development or written permit or person then the said public officer is acting in
justification from the child's parents or legal his private capacity. Although a public officer;
guardian; since he is acting in his private capacity, the
crime committed is kidnapping and serious
(b) when the pregnant mother executes an illegal detention under Art 267 and not
affidavit of consent for adoption for consideration; arbitrary detention under Art 124.

 The second element requires that the offender kidnaps


(c) When a person, agency, establishment or or detains another or in any other manner depriving
child-caring institution recruits women or couples him of his liberty.
to bear children for the purpose of child trafficking;
or Q: When is there detention?
A: There is detention if the offender restrains
(d) When a doctor, hospital or clinic official or a person or the liberty of another person. He
employee, nurse, midwife, local civil registrar or must be detained, incarcerated. There must
any other person simulates birth for the purpose of be showing that there is a restraint on his
child trafficking; or person or liberty; otherwise, if there is no
restraint on the person or liberty on the part of
(e) When a person engages in the act of finding the offended party, it could be any other crime
children among low-income families, hospitals, but not kidnapping and serious illegal
clinics, nurseries, day-care centers, or other child- detention.
during institutions who can be offered for the
purpose of child trafficking.  The law requires that the kidnapping and detention
must be illegal therefore there must be no reasonable
ground.
TITLE NINE
CRIMES AGAINST PERSONSAL LIBERTY AND
SECURITY (ARTICLES 267 – 292) Circumstances which will make the crime serious:
1. The kidnapping or detention should have lasted
ART 267 – KIDNAPPING AND SERIOUS ILLEGAL for more than 3 days;
DETENTION 2. If it is committed by simulating public authority.
 It is committed when: a private individual kidnaps or  By pretending to be police officers,
detains another or in any other manner to deprive him pretending to be NBI agents
of his liberty when such detention is illegal and it is 3. If any serious physical injuries are inflicted upon
committed in any of the following circumstances: the person kidnapped or detained or threats to kill
 him are made.
1. If the kidnapping or detention should have 4. If the person kidnapped or detained is a minor
lasted for more than 3 days. (unless the offender is his parents); a female, or a
public officer.
2. If it is committed SIMULATING a PUBLIC
AUTHORITY.  The presence of any of these circumstances will meet
the crime of Serious Illegal Detention and the absence
3. If threats to kill had been made upon the of any of the circumstance will make the crime Slight
person kidnapped or any serious physical Illegal Detention under Art 268.
injuries are inflicted upon same.
4. Note that the penalty is reclusion perpetua to death.
5. If the person kidnapped or detained is a
minor, female, or a public officer.
Circumstances which will qualify the penalty:
 Any of the circumstances present, then we have 1. If the purpose of the kidnapping is to extort
serious illegal detention. ransom from the victim or from any other person.
 Kidnapping and Serious Illegal Detention
Q: Who is the offender in Art 267? for Ransom.
A: He must be a PRIVATE INDIVIDUAL
because if he is a public officer who has been Q: What is ransom?
vested by law to make arrest and he detains A: A ransom is the money, price, or any
a person; it will be arbitrary detention under other consideration given or demanded
Art 124. for the redemption of the liberty of the
Q: Can a public officer commit kidnapping and serious
illegal detention?

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person who has been detained or  This is a special complex crime.
incarcerated. Therefore, since it is a special
complex crime; regardless of
PEOPLE VS. MAMANTAK the number of victims killed; it is
- While the mother and the daughter where in a still kidnapping and serious
food chain in tondo; the mother lost the said child. illegal detention with homicide.
- she had been looking for the said child for a year.
- A year and six months thereafter, the said mother PEOPLE VS. LARANAGA
received a call from a woman who sounded to be - There were two kidnap victims and these two
a masculine man from Lanaodel Norte according sisters were both killed and raped yet the SC held
to the said woman. that the crime committed was kidnapping and
- The woman said that she has the child with her serious illegal detention with homicide and rape.
and the woman was demanding P 30,000 in - Despite the fact that there were 2 victims who
exchange for the child. were killed and raped because regardless of the
- The said woman, Mamantak and company asked numbers of the victims killed, since it is a special
the mother to go to a certain restaurant. complex crime; in the eyes of the law there is only
- The mother went to the said restaurant however one crime committed so it is only: Kidnapping and
the mother already informed the authorities. Serious illegal detention with homicide.
- Upon the exchange of the child and the demand;
Mamantak and co. were arrested by the said  Note however that it is required that the victim himself
authorities. is the one who has been killed. If it is another person; it
- The crime charged was: Kidnapping and Serious will result to a separate and distinct crime because the
Illegal Detention for Ransom. law is particular that the person detained/ kidnapped
- RTC ruled that it is only kidnapping and serious must be the one who is killed or died as a
illegal detention for ransom but not for ransom consequence thereof.
because according to the trial court; the amount
given is measly a sum to be considered as Q: What if A kidnapped the child of B who is his
ransom because according to the RTC; it is only in enemy. The said child is 10 years old and he was
payment for the board and logging of the child placed in a hideout. The child tried to escape but A
during the time that she was in the captivity of the saw him so A fired a shot towards the child which
said woman. resulted to the death of the child. What crime is
- SC ruled that the crime committed is kidnapping committed?
and serious illegal detention for ransom. Even if it A: The crime committed is kidnapping
is only 5 centavos; if it was given in exchange for with serious illegal detention with
the liberty of a person who has been detained, by homicide.
whose liberty has been restricted; it is already
considered as ransom. Q: What if in the same problem; the father learned
- There is no such thing as small amount in so about the said kidnapping so the father informed the
far as ransom is concerned. NBI agents. The NBI agents were able to track down
the place where the said child was being hidden so the
Q: Let’s say A is indebted to B; B was asking payment NBI agents together with the said father went to the
from A, A however said that he has no money until B hideout. There was an exchange of gun fires between
got fed up so what B did is he kidnapped and detained A (the kidnapper) and the NBI agents. While there was
the minor child of A. He then called A telling the same: an exchange of gun fires, the father saw his child so
“I will only release your minor child the moment you the father rushed towards the son, carry the son and
give your indebtedness in the amount of a million they were able to leave the said hideout. While they
pesos”. Is the crime committed kidnapping and serious were leaving, A the kidnapper saw them and A the
illegal detention for ransom? kidnapper shot the father. What crime/s is/are
A: Yes it is already kidnapping and committed?
serious illegal detention for ransom even A: In so far as the minor is concerned;
if the amount being asked by the the crime committed is Kidnapping and
kidnapper is the indebtedness of the serious illegal detention even if it did
father of the said child. Any amount not last for a period of more than 3 days,
demanded in exchange for the liberty of the fact that the offended party is a
the person detained; that is already minor, it is already kidnapping and
considered as ransom. serious illegal detention.

2. When the victim is killed or dies as a consequence In so far as the father who has been
of the kidnapping or detention. killed; since he is not the victim of serious
 Kidnapping and Serious Illegal illegal detention, it will constitute a
Detention with Homicide. separate and distinct crime of: homicide.

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Therefore, there are 2 crimes committed Q: A saw his enemy walking. He abducted his enemy
by the said kidnapper. Kidnapping and and placed him inside the van. The following morning,
serious illegal detention in so far as the the said enemy was found in a vacant lot with 10
child is concerned and homicide in so far gunshot wounds. What crime is committed?
as the father who has been killed is A: The crime committed is MURDER.
concerned. Obviously, there was no intent to detain
the offended party. The intent was to kill
3. When the victim is raped. him. Therefore the crime committed is
 Kidnapping and Serious Illegal murder and not kidnapping and serious
Detention with Rape. illegal detention with homicide or murder
as the case may be.
 It is necessary that the victim is the one who
has been raped.  Inorder for kidnapping and serious illegal detention to
 Again; since this is a special complex crime; amount to with rape, murder, with homicide with
regardless of the times that the victim has physical injuries; it is necessary that there is an intent
been raped. The crime committed is only to detain and in the course of the said detention, the
kidnapping and serious illegal detention with victim dies, raped, subjected to torture or other
rape. There is no kidnapping and serious dehumanizing acts.
illegal detention with multiple rape.  Again, as mentioned earlier; the absence of any of the
circumstances which will make illegal detention serious
4. When the victim is subjected to torture or any will make the crime Slight Illegal Detention under Art
dehumanizing acts. 268.

 The presence of any of these circumstances will bring ART 268 – SLIGHT ILLEGAL DETENTION
about the imposition of maximum penalty of death.  Slight illegal detention is committed by: any
person who shall kidnap or detains another or in
Q: A, a 6 yr old child is playing at a playground at any other manner deprive him of his liberty when
about 5 o’clock in the afternoon while the mother is the said detention is illegal absent of any of the
hanging clothes. A man (X) gave the child a candy and circumstances under Art 267; it will only be slight
the child was so happy. Later, the man again illegal detention.
approached the child and gave the child money and
then the said man invited the child to go with him. Q: What if A was so envious of his neighbor. To teach
Since the child was so happy because the man was so the neighbor a lesson, he kidnapped and detained the
good to her; the child went with the said man. At 6 said neighbor and placed the said neighbor in a
o’clock; the mother came looking for the child but the secluded place in a vacant area one morning.
child was no longer in the playground. Meanwhile, the However, later on, A felt sorry for his neighbor and he
man brought the child to his place. That evening, the released his neighbor that night. What is the effect in
mother kept on looking for the child however they the criminal liability of the offender A?
could not locate the child. In the house of the man, the A: Under Art 268 (Slight Illegal
child was molested and raped twice. The following Detention); if the offended party has
morning, when the mother opened the door of the been released. Such release will be
house, she saw her child at the door with torn clothes considered as a privileged mitigating
and blood. So the man was charged with serious circumstance because from the penalty
illegal detention with rape. Is the charge correct? of reclusion temporal, the penalty would
A: The charge is wrong because the be lowered by one degree that is prision
obvious intention of the man is to rape mayor.
the child and not to detain the child  Note however that this voluntary release of the victim
therefore the SC said: the crime may only be considered as a privileged mitigating
committed would be 2 counts of circumstance the ff requisites must concur:
statutory rape not only a single 1. It is necessary the release has been
indivisible offense of kidnapping and made within 3 days from the
serious illegal detention with rape but 2 commencement of the said
counts of statutory rape because the said kidnapping.
child is under 12 years of age and she 2. It must have been made without the
was raped and molested twice. offender having attained or
Therefore, UNLESS AND UNTIL THERE accomplished his purpose.
WAS AN INTENT TO DETAIN ON THE 3. It must have been made before the
PART OF THE OFFENDER; it could be institution of the criminal
any other crime but not kidnapping and proceedings against the said
serious illegal detention. offender.

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 If all of these 3 are present then such DELIBERATELY FAIL to restore the said minor to
voluntary release of the offender will his parents or guardians.
mitigate the criminal liability of the said
offender. Q: Who is the offender?
A: The offender is the person entrusted
Q: What if the person kidnapped by A is a public with the custody of a minor.
officer? He is mad with the said public officer and
so he kidnapped the same and detained him in Q: When will the crime arise?
the morning. In the evening, he immediately A: The crime will arise if the offender
released the public officer because he told himself shall deliberately fail to restore the said
that perhaps the NBI would look after him so he minor to his parents or guardians.
immediately released the public officer. Will such
release mitigate his criminal liability? Q: What if A and B has a child and they entrusted the
A: No. the fact that the person kidnapped child to X as they will be going for a vacation for a
is a public officer; the crime would week. They told X to deliver the child to them after 7
immediately be kidnapping and serious days. A week after, the husband and wife arrived
illegal detention under 267. And if the home but X failed to deliver the said child. The reason
crime is committed under Art 267, no of X was he was so busy with his work that he forgot
amount of voluntary release will mitigate that it was already the 7th day from the time that he has
the criminal liability of the offender. been entrusted with the child. Can he be held liable
under Art 270?
 So if the victim is a minor, a female, or a public A: No because he did not deliberately fail
officer; automatically, it will be kidnapping and to restore the said minor to his parents or
serious illegal detention and no amount of guardians. The law requires deliberate
voluntary release will mitigate the offender’s failure. Here, he only failed because of
criminal liability. negligence or just because he was so
busy.
ART 269 – UNLAWFUL ARREST
 Unlawful arrest is committed by: any person who ART 271 – INDUCING A MINOR TO ABANDON HIS
shall arrest or detain another without authority by HOME
law or without reasonable ground therefore and  It is committed by: any person who induces a
his main purpose is to deliver him to the proper minor to leave the home of his parents, guardians,
authorities. or person entrusted with the custody of the said
 The purpose is: to deliver him to the proper minor.
authorities.  The crime will arise even if the child hasn’t left the
house of the parents or guardians. Mere
Q: A was walking when suddenly he was arrested by inducement with intent to cause damage will
B, a police officer. The police officer said that a case suffice.
has to be filed against him. The arrest was made
without warrant of arrest. A was not caught committing Q: A and B husband and wife’s marriage has been
a crime inflagrante delicto and not also an escapee but declared a nullity by the court and the custody of their
he was incarcerated. Thereafter a case has been filed 5 yr old child has been given definitely to the mother.
against him however since there was no complainant, However the father has been given visiting rights. One
the fiscal dismissed the case for lack of probable Sunday, the father visited the 5 yr old son and the son
cause. What crime is committed by the police officer? was brought out by the father. Usually, whenever the
A: The crime committed is unlawful father takes his son out; he will return the child by night
arrest. time. However this time, the father did not bring back
the child to the house of the mother and so the mother
Q: What about the fact that he has been detained demanded the return of her son but the father still
arbitrarily? failed to return their child therefore the mother filed a
A: It is already absorbed because the case of Kidnapping and failure to return a minor under
intention of the said police officer is to file Art 270 against the father. Will the case prosper?
a case against him that is; to deliver him
to the proper authorities. Therefore the A: Yes the case will prosper. Under Art
arbitrary detention is merely incidental in 271 it is provided that Art 270 and 271
the said act of unlawful arrest. can also be committed not only by
strangers but also by the father or the
ART 270 – KIDNAPPING AND FAILURE TO RETURN A mother. The only difference is that under
MINOR Art 270; if the offender is any other
 Kidnapping and failure to return a minor is person the penalty is reclusion perpetua.
committed by: any person who had been But if the offender is the father or the
entrusted with the custody of a minor who shall mother, note that the penalty is so low;

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CRIMINAL LAW 2
only arresto mayor or a fine of not more such assistance without detriment to
than P300 or both fine and penalty himself, unless such omission shall
depending upon the discretion of the constitute a more serious offense.
court therefore, even the father or the
mother can be held liable under Articles 2. Failing to render help or assistance
270 and 271. The only difference is their to another whom the offender has
respective penalties. accidentally wounded or injured.

3. Failing to deliver a child under 7


ART 272 – SLAVERY years of age whom the offender has
ELEMENTS: found abandoned, to the authorities
1. The offender purchases, sells, or to his family, or failing to take him
kidnaps or detains a human being. to a safe place.
2. The purpose of the offender is to
enslave such human being. Q: A saw B at Luneta Park. He was wounded and
bitten by a dog and he was crying for help.
 It is committed by: Any person who shall buy, However, A, instead of helping B left. Is A liable
sells, kidnaps or detains a person for the purpose under Art 275?
of enslaving the said person. A: No because the place is not an
 If the purpose is to engage in immoral traffic; then uninhabited place. Luneta Park is a
the penalty will be qualified. public place. People come and go there.
Therefore, A is not liable under Art 275
ART 273 – EXPLOITATION OF CHILD LABOR despite the fact that B is wounded and
ELEMENTS: dying.
1. Offender retains a minor in his
service. Uninhabited place
2. It is against the will of the minor. - One wherein there’s a remote possibility for the
3. It is under the pretext of reimbursing victim to receive some help.
himself of a debt incurred by an
ascendant, guardian or person Q: What if in the same problem, A found B in a
entrusted with the custody of such forest? So A went hunting in a forest when he
minor. suddenly saw B in the middle of the forest. There
was this big trunk of tree on the neck of B and he
 It is committed by: Any person who shall detain a cannot move. He was begging for the help of A. A
child in his service against the will of the child however left. Later, B was rescued. Can he file a
under the pretext of reimbursing a debt incurred case in violation of Art 275 against A?
by the parents, ascendants, guardian or any A: Yes because B was found by A in an
person entrusted with the custody of the child. uninhabited place and he was wounded
and in danger of dying because there’s a
ART 274 – SERVICES RENDERED UNDER big trunk of tree on his neck and there’s
COMPULSION IN PAYMENT OF DEBT no detriment on the part of A to render
ELEMENTS: assistance but he failed to render
1. Offender compels a debtor to work for assistance therefore A may be held liable
him, either as household servant or farm for violation of Art 275.
laborer.
2. It is against the debtor’s will. Q: But what if when A found B and he was bitten
3. The purpose is to require or enforce the by a snake and the snake was still there. B was
payment of a debt. asking for help however A did not give help
because there’s a snake. He’s afraid that he might
 It is committed by: a creditor to shall compel a get bitten by the snake too. Can A be held liable
debtor to work for him as a household servant or a under Art 275?
farm laborer against the will of the said debtor A: No because helping B will be
inorder to require or enforce the payment of a detrimental on his part.
debt.
Q: What if A was driving his vehicle when
ART 275 – ABANDONMENT OF PERSONS IN DANGER suddenly his car tripped on a stone so the stone
AND ABANDONMENT OF ONES OWN VICTIM flew and hit an eye of a bystander. The left eye
ACTS PUNISHED: bled. Is A liable?
1. Failing to render assistance to any A: No because it is purely accidental; it is
person whom the offender found in an exempting circumstance. He was
an uninhabited place wounded or in performing an act with due care and
danger of dying when he can render

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accident happened without fault or ART 276 – ABANDONING A MINOR
negligence on his part ELEMENTS:
1. Offender has the custody of the
Q: What if when the left eye of the bystander bled; child.
A saw him and he knows that the bystander is his 2. Child is under 7 years of age.
victim. However, instead of bringing the bystander 3. He abandons such child.
to the hospital; he increased his speed and left. Is 4. He has no intent to kill the child
A criminally liable this time? when the latter is abandoned.
A: Yes.
 Abandoning a minor is committed by any person
 For the first act he is not liable because it who has been entrusted with the custody of a
is purely accidental but when he failed to child under 7 years of age and he abandons the
render help or assistance to his own said child permanently, deliberately, and
victim. This time, he is criminally liable consciously with no intent to kill the said child.
under Art 275.  The penalty will be qualified if DEATH resulted
from the said abandonment or WHEN THE
SAFETY OF THE CHILD HAS BEEN PLACED IN
DANGER.

Q: A woman; an OFW worker who left her newly


born child inside a garbage bin of an
aircraft/airplane and later she has been arrested.
What crime is committed by the said mother?
A: The crime committed is Abandoning
a Minor under Art. 276. The mother is in
custody of the child and she deliberately
or and consciously abandoned her child
without the intent to kill. Obviously there
was no intent to kill because she could
have killed the said child instead she
placed her child inside a garbage can in
the restroom of an aircraft so there was
no intent to kill therefore the crime
committed is Abandoning a Minor under
Art. 276.

ART 277 – ABANDONMENT OF MINOR BY A PERSON


ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS
ACTS PUNISHED:
1. Abandonment of a child by a person
entrusted with his custody.
 It is committed by: any person
who, having entrusted with the
living and education of a minor
shall deliver a minor to a public
institution or other persons
without the consent of the person
who entrusted such minor to the
care of the offender or, in his
absence, without the consent of
the proper authorities.

2. Indifference of parents
 It is committed by: any parent
who neglects any of his children
by not giving them the education
which their station in life requires
and financial capability permits.

ART 278 – EXPLOITATION OF A CHILD


ACTS PUNISHED:

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1. Causing any boy or girl under 16 to from entering whether express or
engage in any dangerous feat of implied.
balancing, physical strength or contortion,
the offender being any person.  Mere entry without consent will not bring about
2. Employing children under 16 years of age QUALIFIED TRESSPASS TO DWELLING.
who are not the children or descendants  If the door is opened therefore it means that anyone
of the offender in exhibitions of acrobat, could enter even without the consent of the owner and
gymnast, rope walker, diver, or wild animal the moment he enters he is not liable for qualified
tamer, the offender being an acrobat, etc., trespass to dwelling because there is no prohibition or
or circus manager or person engaged in opposition from entering.
any of said callings.  It is necessary that there is an opposition or prohibition
3. Employing any descendants under 12 from entering. It can be expressed prohibition (e.g. A
years of age in dangerous exhibitions note which states: “Do Not Enter” or the door was
enumerated on the next preceding closed and a person knocked so the owner got up and
paragraph, the offender being engaged in opened the door but upon seeing the person he
any of the said callings. immediately closed the door) or implied prohibition
4. Delivering a child under 16 years of age (e.g. Door is closed even if it is not locked).
gratuitously to any person if any of the
callings enumerated in paragraph 2, or to ART 281 – OTHER FORMS OF TRESSPASS TO
any habitual vagrant or beggar, the DWELLING
offender being an ascendant, guardian, (TRESSPASS TO PROPERTY)
teacher, or a person entrusted in any ELEMENTS
capacity with the care if such child. 1. Offender enters the closed premises
5. Including any child under 16 years of age or the fenced estate of another.
to abandon the home of its ascendants, 2. Entrance is made while wither of
guardians, curators or teachers to follow them is uninhabited.
any person entrusted in any of the callings 3. Prohibition to enter is manifest.
mentioned in paragraph 2 or to 4. Trespasser has not secured the
accompany any habitual vagrant or permission of the owner or the
beggar, the offender being any person. caretaker thereof.

 These acts are considered as exploitation of minors  Trespass to property is committed by: any person
because these acts endanger the life and safety, the who enters a closed premises or fenced estate
growth and development of the minors. (usually these which at that time is uninhabited and the
involves circus) prohibition to enter is manifest and the offender
enters the said uninhabited place without
Note: If the delivery of the said child is on the basis of a securing the permission of the owner or the care
consideration, compensation or money, the penalty will be taker thereof.
QUALIFIED.
TRESSPASS TO TRESSPASS TO
 Mere act of delivering the child gratuitously under 16 DWELLING PROPERTY
years of age; the crime is already committed.
 The fact that it is with consideration; the penalty will be Place entered into is a closed
Place entered into is a
qualified. premises or a fenced estate
dwelling and uninhabited.
which is uninhabited.
Prohibition to enter can
Prohibition to enter must be
ART 280 – QUALIFIED TRESSPASS TO DWELLING either be expressed or
manifest.
 It is committed by: a private individual who shall implied.
enter the dwelling of another against the will of Entry was made against Entry was made without
the latter. the will of the owner or the securing the permission from
possessor of the said the owner or the care taker of
ELEMENTS:
dwelling. the said property.
1. Offender is a private individual
 It is committed by a private individual
because if it is a public officer; then the
crime is under Art 128 which is: Violation Q: Let’s say there are these town houses. In one
of Domicile. of the town houses, town house A; there’s no
2. He enters the dwelling of another person living at the moment and there was this
3. Such entrance is against the will of the latter. sign: FOR RENT/ FOR LEASE. X entered the said
 As discussed under Art. 128; when town house. What crime is committed by X? Is it
the law says against the will, there qualified trespass to dwelling or is it trespass to
must be a prohibition or opposition property?

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A: It is trespass to property because it required to give bail not to molest the person threatened, or
is a closed premises which is uninhabited if he shall fail to give such bail, he shall be sentenced to
at the time of the entering and he entered destierro.”
without first securing the permission of
the owner/care taker. ARTICLE 285 – OTHER LIGHT THREATS
There are 3 instances or punishable acts under light
Q: What if there is this house which is occupied by threats:
husband A and B. Husband A and B went for a 1. Threatening another with a weapon or by drawing
vacation for a month. So for a month, there is no such weapon in a quarrel, unless it be in lawful
person in the said place. X learned that there is no self-defense. Here, the weapon must not be
person in the said place. He entered the said discharged.
place. What crime is committed? Is it qualified 2. ORALLY THREATENING another, in the heat of
trespass to dwelling or trespass to property? anger, with some harm constituting a crime,
A: The crime committed is Qualified without persisting in the idea involved in his threat.
Trespass to Dwelling. The said place is 3. Any threat MADE IN A JEST OR IN THE HEAT
a residential place and there is someone OF ANGER CONSTITUTES LIGHT THREAT
who is occupying it even if at the moment ONLY.
it is not people because the said 4. Orally THREATENING TO DO ANOTHER ANY
husband A and B are on vacations, it is HARM NOT CONSTITUTING A FELONY.
still considered as an inhabited place.
Therefore, the moment anyone enters, So whether it be grave threats, light threats or other light
the crime committed is trespass to threats, the essence of threats is INTIMIDATION. It is a
dwelling and not trespass to property. promise of a future wrong, a promise of a future harm. Not
now, but in the future.
THREE KINDS OF THREATS:
1. Grave threats So, since it is a promise of a future wrong, threats may be
2. Light threats committed either personally or orally or it can also be
3. Other light threats committed in writing or through an internet chat. If threats
are committed through writing or through an internet chat,
ARTICLE 282 – GRAVE THREATS the penalty is qualified.
PUNISHABLE ACTS:
1. Threatening another with the infliction upon his Q: What is the difference between grave threats, light
PERSON, HONOR or PROPERTY or that of his threats or other light threats?
family of any wrong amounting to a crime and
demanding money or imposing any other A: In GRAVE THREATS, the threat will always
CONDITION EVEN THOUGH NOT UNLAWFUl, amount or constitute a crime. It may or may not be
and the offender ATTAINED his purpose. subject to a demand money or condition. The
2. By making such threat with the infliction upon his offender may or may not attain his purpose. But,
person, honor or property or that of his family of in grave threats, the threats will always amount or
any wrong amounting to a crime and demanding will always constitute to a crime. On the other
money or imposing any other condition even hand, in case of LIGHT THREATS, the threat will
though not unlawful and WITHOUT THE not constitute to a crime but it is always and
OFFENDER ATTAINING his purpose. (Elements always subject to a demand of money or the
for this act are the same with the first except that imposition of any other condition.
the purpose is not attained.)
3. By threatening another with the infliction upon his So in LIGHT THREATS, the threat threatened to
person, honor or infliction upon his person, honor be committed will not amount to a crime, will not
or property or that of his family of any wrong constitute to a crime, however it is always subject
amounting to a crime, the threat not being subject to a demand of money or the imposition of any
to any demand of money or imposition of any other condition, even though not unlawful.
condition.
Lastly, in case of OTHER LIGHT THREATS, other
ARTICLE 283 – LIGHT THREATS light threats can be done by threatening another
Light threats is committed if a person threatens another with a weapon or by drawing such weapon in a
with the commission of any wrong which does not amount quarrel, unless it be in lawful self-defense or it can
to a crime. But it always subject to a DEMANDED MONEY be done by orally threatening another with a harm
OR THE IMPOSITION OF ANY OTHER CONDITION amounting to a crime in the heat of anger. So it is
EVEN THOUGH NOT UNLAWFUL. necessary that the offender is in the heat of anger
or he threatens another with a harm amounting to
Art. 284 – BOND FOR GOOD BEHAVIOR a crime. But he did not pursue with the idea
“In all cases falling within the two next preceding involved in his threat. And the last one is by orally
articles, the person making the threats may also be

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threatening another which does not constitute a 1. Preventive Coercion
crime. 2. Compulsive Coercion

Q: So what if A went to the store and then from the said PREVENTIVE COERCION – if a person prevents another,
store he learned that had been spreading negative rumors by means of violence, threat or intimidation, from doing
against him. And so A was so mad, he was so angry that something not prohibited by law.
he went to the house of B and he called on B: “B get out of
the house! I will kill you! I will kill you! Get out of the house COMPULSIVE COERCION – if a person compels another,
B!” But B did not get out of the house. Instead, it was the by means of violence, threat or intimidation, to do
son of B who came out of the house and said: “What do something against his will, whether it be right or wrong,
you want with my father?” A angrily said that, “You let your whether it be prohibited or not by law.
father come out or I will kill him because he has been So, to amount to preventive coercion, the offender by
spreading negative rumors about me.” The son went inside means of violence prevents someone form doing
the house and did not come back. The father also did not something which is not prohibited by law.
come out of the house. And so later, A just left the house.
What crime is committed by A? Is it grave threats, light Q: Therefore, what if, the offender prevents someone form
threats or is it other light threats? doing something which is prohibited by law? So let us say
A: The crime committed is under Article 285 – A, wanted to enter the house of B, against the will of B. X
OTHER LIGHT THREATS. Orally, in the heat of saw A wanting to enter the house of B against the will of B.
anger, he threatened another with a harm X prevented A. A in his act of wanting to enter the house of
constituting a crime, but he did not pursue with the B, is an act prohibited by law, so X prevented A from doing
idea in his threat. It is only other light threats. so. However, A still pursued with the act of entering and so
what X did in order to prevent him is that X boxed A
Q: What if, let us say, A saw that B has a new car. It was a resulting in his injury of slight physical injuries. What crime
luxury car. He knew that it was smuggled and so he told B: is committed by X?
“B, if you will not give me P500,000, I will call the Bureau of A: It is not grave coercion. Because X is
Customs, I will tell ComissionerBiazon right now that your preventing A by means of violence and
car is smuggled.” What crime if any is committed by A intimidation, not from doing something which is
against B? prohibited by law but from doing something which
A: It is LIGHT THREATS. He threatened to is prohibited by law. Therefore, it is not grave
commit a wrong which does not constitute a crime. coercion.
It is not a crime to inform the Bureau of Customs So what crime is committed?
that the car was smuggled and it is subject to a The crime committed is SLIGHT PHYSICAL
demand of money and the imposition of any other INJURIES.
condition even though not unlawful.
Q: What if in case of grave coercion, it is necessary that the
Q: What if A, who is the creditor of B, was inside the house offender compels another to do something against his will,
of B. He was asking B to pay his indebtedness. B said: regardless of whether it be right or wrong, regardless
“Get out of my house. If I still see you in the afternoon of whether it is allowed or prohibited by law. The fact is a
when I get back inside my house and if you are still here, I person cannot put the law in his hands and prevent
will kill you.” What crime is committed? someone from doing something so long as it is against his
A: In this instance where B told A : “Get out of my will.
house. If I still see you in the afternoon when I get A: So in case of grave coercion, if the essence of
back inside my house and if you are still here, I threats is intimidation or a promise of a future
will kill you.” The crime committed is GRAVE wrong, a promise of a future injury, the injury or
THREATS. There is a promise of a future wrong threat is present, direct, personal, immediate and
to be committed in the afternoon if A is still there in imminent. It is NOW. That is why, grave coercion
the house. cannot be committed in writing or through an
internet chatting because it is always personal.
Q: What if in the same problem, A was asking B to pay his Hence, it is about to take place imminent and
indebtedness. B said: “Get out of my house! Otherwise, I immediate.
will kill you.” What crime is committed?
A: The crime committed is GRAVE COERCION. Q: So how would you distinguish threat vs. coercion?
The threat is present, direct, personal, immediate THREAT COERCION
and imminent. Not in the future, but now direct, The wrong threatened to be
personal and immediate. The wrong threatened to be committed is direct,
committed is in the future personal, immediate and
Note that in case of threats made while committing imminent
physical injuries, threats are absorbed. Cannot be committed in
May be committed in writing
writing or through internet
ARTICLE 286 – GRAVE COERCIONS or through an internet
chatting because it is always
2 way of committing grave coercion: chatting
personal and immediate

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It is violence or intimidation REVELATION OF SECRETS:
The essence of threat is ARTICLE 290 – DISCOVERING SECRETS THROUGH
amounting serious enough
intimidation SEIZURE OF CORRESPONDENCE
to amount to violence
We have seizure of correspondence in order to discover
ARTICLE 287 – LIGHT COERCION the secrets of another.
It is committed by a creditor who shall seize anything This is committed by any person who shall seize any
belonging to his debtor by means of violence or intimidation correspondence of another in order to discover the secret
in order to apply the same to the indebtedness. of any person.
There is one form of light coercion under Article 287, that
is UNJUST VEXATION. It is a form of light coercion. NOTE: In case of seizure of correspondence in order to
UNJUST VEXATION – refers to any human conduct, which discover the secrets of another, DAMAGE is not element.
although not capable of producing any material harm or Likewise, REVELATION is not an element.
injury, annoys, vexes or irritates an innocent person.
The mere act of seizing the correspondence of another
Example in Book I: a person walking and hit with a lead with the intention to discover the secrets, the crime is
pipe on the head. already consummated. It is not necessary that the secret
be revealed, it is not necessary that there be damage on
CASE OF BALEROS, JR.: the part of the offended party.
There was a UST medical student. There was a
cloth soaked with chemical pressed on her face. ARTICLE 291 – REVEALING SECRETS WITH THE
So there was this man, she was awakened with a ABUSE OF OFFICE
man on top of her placing a cloth soaked with This is committed by a manager or by an employee or by a
chemical pressed on her face. The charge was servant who reveals the secrets of his principal or master
attempted rape. Supreme Court said it was just learned by him in such capacity.
UNJUST VEXATION – nang- It is the REVELATION OF SECRETS which will
iinislangdawyunglalakingyun. So, Supreme Court consummate the crime, not merely discovery but
said it is a human conduct which annoys or vexes revelation of the said secrets. Again, damage is not an
the said female medical student. element. It is not necessary that the offended party be
prejudiced or damaged.
Art. 288 – OTHER SIMILAR COERCIONS;
(COMPULSORY PURCHASE OF MERCHANDISE AND
PAYMENT OF WAGES BY MEANS OF TOKENS) ARTICLE 292 – REVELATION OF INDUSTRIAL
Other light coercion is committed by forcing or compelling SECRETS
directly or indirectly or knowingly permitting the forcing or This is committed by any person in charge, employee or
compelling any employee or laborer to buy merchandise or workman of a manufacturing or industrial establishment
commodities from the said employer. And lastly, by paying who shall learn and discover the secrets of the industry and
the wages due to the laborer or employees by any tokens shall reveal the same to the prejudice of the owner thereof.
or object other than the legal tender currency of the In case of revelation of industrial secrets, mere revelation
Philippines unless to be requested by the said employee or of those secrets will not suffice. There must be
laborer. DAMAGE OR PREJUDICE CAUSED TO THE
OFFENDED PARTY.
So it is more on LABOR – other light coercion. The law requires to the prejudice of the owner thereof.

Q: What if a person, A threatened to kill B. and so B filed a RA 92400 - ANTI-WARTAPPING LAW


case of grave threats against A. The case was filed before The following acts are punishable:
the court. Upon the filing of the court, what bail, if any, 1.) It shall be unlawful for any person, without
should the court impose on A in order to insure that A will securing the consent of all the parties to any
not make good the said threat? private communication or spoken word, to tap
A: Under Article 284, we have BOND FOR any wire or cable, or by using any other
GOOD BEHAVIOR. Bond for good behavior is a device or arrangement to secretly overhear,
bail which is required by the court to be posted by intercept or record such private
any accused only in the crimes of grave threats communication or spoken word by using a
and other light threats. In the crimes of grave device commonly known as a Dictaphone or
threats or other light threats, the court would allow dictagraph, walkie talkie, tape recorder, or
or would require an accused to file or to post a other similar devices.
bond for good behavior in order to ensure that he 2.) Knowingly possessing any tape record, wire
will not make good the said threat. If the said record, disc record, or any other such record,
accused failed to pay or post the said bond for or copies thereof, of these private
good behavior, then the penalty hat would be communication or spoken word.
imposed is destierro in order to ensure that he 3.) Replaying these any tape record, wire record,
will not make good the said threat. disc record to another person.

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4.) Communicating the contents of the said tape
record, wire record or disc record, in writing or The law requires that the property must be personal
verbally to another person. property, not real property because real property is under
5.) Furnishing transcriptions of these tape record, Article 312 – Occupation of real property.
wire record or disc record whether totally or The personal property must belong to another person
partially to any other person. because if it do not belong to another person it cannot be
said that there is intent to gain on the part of the offender.
What is foremost prohibited is the act of tapping, recording The law requires that there must be intent to gain.
or intercepting any private communication or spoken word Intent to gain is an internal state of mind. So how can you
without the consent of all the parties. Without being prove intent to gain? The law presumes there is intent to
authorized by all the parties to the said private gain the moment there is taking of the personal property of
communication or spoken word. another person. Intent to gain is presumed by law.

Q: So what if A told B to come inside his room and when B Two ways of committing robbery:
entered the room, A started scolding B. In scolding B, A 1.) Robbery with violence against or intimidation
said scandalous remarks against B. Unknown to A, B was (Art.294)
tape recording the private conversation between them. Can 2.) Robbery with the use of force upon things
B later use the said tape recording in order to file a case of (Art.299)
defamation or slander against A? The value of the property taken in robbery with violence
A: NO. Because the said act of tape recording against or intimidation against people is immaterial
without being authorized by all the parties to a because the penalty is dependent on the violence used by
private communication or spoken word is the offender against the offended party. However, in
inadmissible in any judicial, quasi-judicial, Robbery with the use of force upon things (Art.299), the
legislative or administrative proceedings or value of the property taken is material because the penalty
investigation. is dependent on the value of the property taken.

The ONLY EXCEPTION is when a police officer or peace Art.294 - Robbery with violence against or intimidation
officer is authorized by written order of the court to listen to, of persons
intercept or record any communication in crimes involving The following acts constitute robbery with violence against
treason, espionage, inciting to war or giving motives for or intimidation of persons:
reprisals, piracy, mutiny, rebellion, conspiracy and proposal 1.) When by reason or on occasion of the robbery,
to commit rebellion, sedition, conspiracy to commit sedition the crime of homicide is committed.
and kidnapping. Only in these instances and provided that 2.) When robbery is accompanied by rape or
the said peace officer is authorized by a written order intentional mutilation or arson.
coming from the court may he be allowed to intercept, 3.) When by reason or on occasion of such robbery,
listen to or record the private communication or spoken any of the physical injuries resulting in insanity,
word. imbecility, impotency or blindness is inflicted.
4.) When by reason or on occasion of robbery, any of
the physical injuries resulting in the loss of the use
TITLE TEN of speech or the power to hear or to smell, or the
CRIMES AGAINST PROPERTY loss of an eye, a hand, foot, an arm, or a leg or
Art. 293 – Who are guilty of robbery? the loss of the use of any such member or
Robbery is committed by any person, who with incapacity to go to work in which the injured
intent to gain shall take any personal property belonging to person is thereto habitually engaged is inflicted.
another by means of violence against, or intimidation of any 5.) If violence or intimidation employed in the
person, or using force upon anything. commission of the robbery is carried to a degree
clearly unnecessary for the commission of the
Elements of Robbery: crime
1. That the offender unlawfully takes a personal 6.) When in the course of its execution, the offender
property shall have inflicted upon any person not
2. That the said personal property belongs to responsible for the commission of the robbery any
another person of the physical injuries in consequence of which
3. There must be intent to gain in the taking of the the person injured becomes deformed or loses
said property any other member of his body or loses the use
4. That the said taking is either by means of violence thereof or becomes ill or incapacitated for the
against, or intimidation of any person, or using performance of the work in which he is habitually
force upon anything engaged for more than 90 days or the person
5. injured becomes ill or incapacitated for labor for
Unlawful taking – is the deprivation of the offended party of more than 30 days
his personal property with an element of permanency. So, it 7.) If violence employed by the offender does not
is necessary that in taking the personal property from cause any of the serious physical injuries defined
another person, there is an element of permanency.

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in Article 263, or if the offender employs to shoot the owner of the house and so A jumped on him
intimidation only. and they struggled for the possession of the gun. In the
course of struggle for the possession of the gun, the gun
In other words, we have robbery with homicide, robbery fired hitting a ballot vendor passing by. The ballot vendor
with rape, robbery with intentional mutilation, robbery with died. What crime/s is committed?
arson, robbery with serious physical injuries, robbery with A: The crime committed is still the single
unnecessary violence and lastly, simple robbery. indivisible offense of robber with homicide. Since
it is a special complex crime, even if the victim of
the robbery is different from the victim of the
Robbery with Homicide homicide, it is still robbery with homicide. Even if it
Robbery with homicide is a special complex crime or a is only accidental killing it is still robbery with
composite crime or a single indivisible offense. In reality homicide so long as the killing is by reason or on
two or more crimes have been committed, the robbery and occasion of the said robbery.
the homicide yet, in the eyes of the law only one crime, a
single indivisible offense of robbery with homicide. Q: So what if, A, B, and C entered the house of X in order
Q: When should the killing or the homicide take place? to commit robbery. They have already taken the valuables
when the owner of the house was awaken. It was only A
A: In case of robbery with homicide, for as long as who saw the owner of the house was awaken and so A
the original intent of the offender, for as long original shot X and killed him. Are they all liable for robbery with
criminal design is to commit robbery or to rob, the killing homicide or only A who shot X?
may take place before, during or after the said robbery A: All of them are criminally liable for the crime of
provided, that the original intent/ original criminal design is robbery with homicide. Under Article 8, that in case of an
to commit robbery or to rob. express or direct conspiracy, the conspirators are liable
Since it is a special complex crime, regardless of only for the crime agreed upon. The crime agreed is to
the number of the persons killed there is only a single commit robbery but how come all of them are liable for
indivisible offense of robbery with homicide. Even if the homicide? Because it falls under the exception that when
killing is an unintentional killing or accidental killing still, it is the resulting felony is a special complex crime because you
a single indivisible offense of robbery with homicide. Even if cannot separate or divide a special complex crime.
the victim of the said robbery is different from the victim of Therefore, even if it was only A who killed the victim, even
the killing, it is still robbery with homicide. There lies the if their agreement is only to commit robbery, because
difference between Article 294 and Article 267. In homicide or the killing was committed by reason or on
kidnapping and serious illegal detention with homicide, the occasion of the said robbery, all of them are criminally
victim of the kidnapping and serious illegal detention must liable for the crime of robbery with homicide.
be the victim in the said killing to amount to kidnapping and The only exception to the exception is when B
serious illegal detention. But in case of robbery with and C performed acts in order to prevent A from committing
homicide, regardless of who the offended party may be, the homicide.
whether the offended party in robbery is different from the
offended party in the killing it is still robbery with homicide. CASE OF PEOPLE vs CABBAB
Let us say, A and B versus X, Y and Z. A and B
Q: So let us say, A entered the house of B in order to committed robbery and upon leaving the said place, X and
commit robbery. He took the valuables therein and after Y saw A and B and shot them and made gun fires. Z, a
taking the jewelries suddenly the box of jewelries fell so X police officer dove into the canal in order to prevent himself
was awaken. When A saw that X was awaken, A shot X. X from being killed. A and B went directly to X and Y and
died. What crime is committed? killed them both. And thereafter, A and B took the winnings.
A: Robbery with homicide. Because by reason or Based on the circumstances or facts the fiscal filed the
on occasion of robbery, homicide was committed. following cases before the RTC, robbery, double murder,
and attempted murder, robbery because of the taking of the
Q: What if in the same problem, when X was awaken, the winnings, double murder for the death of X and Y and
robber, A, shot X. The wife was also awaken and so the attempted murder as to the police officer who dove into the
wife started shouting so A also shot the wife. The canal. What is the ruling of the RTC? It said wrong ka
wife also died. What crime/s is committed? fiscal! The crime is robbery with double homicide and
A: Two persons are killed still, the crime attempted murder. Then it went to appeal on the Court of
committed is still a single indivisible offense of Appeals, sabiniya wrong fiscal! Wrong ka din RTC! The
robbery with homicide. All the killings are merged crime committed is robbery with homicide and attempted
into a composite intergraded whole that is a single murder. Then it went up to the Supreme Court. Sc said,
indivisible offense of robbery with homicide. malika fiscal! Mali ka RTC! Mali kadn CA! Mali kayo lahat!
The only crime committed is the single indivisible crime of
Q: What if let us say, in the same problem, so A went to the robbery with homicide. Because all the acts are considered
house of X and took the jewelries. He was on his way out absorbed in the crime of robbery with homicide despite the
when he bumped the door and so the owner of the house fact that two persons were killed, despite the fact that one
was awaken. So A went down and saw the back of the person was greatly injured, all these circumstances are
robber. And so he chased the robber. In the garden, A tried

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merged into a composite integrated whole that is single For as long as the intent or the criminal design of
indivisible offense of robbery with homicide. the offender is to commit robbery, the intentional mutilation,
arson or serious physical injuries may be committed before,
Robbery with rape during or after the commission of the said robbery.
Just like robbery with homicide, is also a special
complex crime or a single indivisible offense. So, for as Q: So let say A and B saw X walking. It was pay day and
long as the intention of the offender is to commit robbery, so A and B announced a holdup. They were both armed
rape may be committed before, during or after the with guns and so what X did since they were both armed
commission of robbery. Since it is a special complex crime, with guns, he gave the bag. By reason thereof, A and B
regardless of the number of times the victim was raped, the already left the place. While A and B was waiting for a ride
crime committed is only robbery with rape. There is no such in a waiting shed, A and B divided the things they took from
crime as robbery with multiple rapes. There is only robbery X. So A told B, this is your share. B said, why is my share
with rape. smaller than your share?! And so B got and he shot A. A
died. What is the crime committed?
Q: So a woman was walking on her way home and A: The crime committed is robbery with homicide
because it was pay day here comes X. X dragged the because even if it was also an offender who was
woman in a dark place and took the bag and took the killed, the killing took place by reason of the said
money inside it. And then he found the woman attractive so robbery.
he raped the woman not once but twice. What crime/s is
committed? Q: So what if in the same problem, so A and B were
A: X committed the crime of robbery with rape already dividing the things they took and B said, wait why is
regardless of the times the woman was raped. my share so small? B got mad shot A but A did not die. A
suffered serious physical injuries. What crime is
CASE OF PEOPLE vs SUYU committed?
Two persons, boyfriend and girlfriend, they were A: The crime committed is robbery with serious
having snack and saw the shadow of 3 men. And these 3 physical injuries.
men were pushing the truck trying to open the door. They
took their valuables and the boyfriend hurriedly left the Q: What if in the same problem, A were dividing the things
girlfriend allegedly to ask help to the police. And so the and B said, why is my share so small compared to your
girlfriend was alone with the three men and they dragged share? B got mad and what he did was took an ice pick
her into a nipa hut and there she was raped by the from his pocket and stab A in his face and placed the ice
mastermind, Suyu. Not only she was raped by Suyu but pick in A’s face. A suffered serious physical injuries and
also Cainglet while, the other two was outside serving as deformity in his face. It caused physical ugliness to A
lookouts. So the said woman, Clarissa, was raped by two therefore there is deformity. What crime/s is committed?
persons and she was raped three times. Suyu and Cainglet
raped her by carnal knowledge. Not only that, Cainglet also A: This time the crime committed by B is not the
inserted two fingers to her genitals therefore, he also single indivisible crime of robbery with serious
committed rape by sexual assault. What crimes are physical injuries but two crimes, Robbery and
committed by the 4 persons? What crime/s they should be Serious physical injuries under paragraph 3 of
criminally liable of? Article 263 because of the deformity. Why?
Because under paragraph 4 of Article 294, when
Supreme Court said, they are all liable for the the serious physical injury that resulted is a
single indivisible offense of Robbery with Rape. deformity or the loss of any of the member of his
Regardless of the fact that two persons raped the victim, body, the law requires that the said physical injury
regardless of the fact that the victim was raped 3 times, or deformity must be inflicted because of the
regardless of the fact that there is two nature of rape execution of a robbery and to a person not
committed against the victim (rape by carnal knowledge responsible to the commission of the crime of
and rape by sexual assault), still the crime committed is the robbery. Here, the deformity was inflicted after the
single indivisible offense of robbery with rape. robbery, not before. Not only that. The deformity
was inflicted on A, the person responsible for the
There are four conspirators but not all of them commission of the robbery.
raped the victim. Yet they are all liable for robbery with rape
because the two lookouts did not perform acts in order to If the serious physical injuries inflicted resulted to a
prevent the consummation of the said rape. So since it is a deformity or to a loss of any of the member of his body or
special complex crime and a single indivisible offense all loss of the use of any such member or incapacity to go to
the other rapes are merged into a composite integrated work in which the injured person is thereto habitually
whole that is robbery with rape. engaged for more than 90 days, under paragraph 3 of
The same theory applies in case of robbery with intentional Article 263, it is required that in order to amount to a single
mutilation and robbery with arson. indivisible offense the said deformity or serious physical
injury must be inflicted in the course of the execution of the
Robbery with intentional mutilation, arson and serious robbery and to a person not responsible to the commission
physical injuries

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of the robbery. Otherwise, it will bring about a separate and his person or liberty, it could be any other
distinct crime. crime but not kidnapping and serious illegal
detention.
Title Nine - The law requires that detention must be
CRIMES AGAINST PERSONAL LIBERTY AND illegal. Therefore, there should be no
SECURITY reasonable ground thereof.

Chapter One  Circumstances that will make the crime serious


CRIMES AGAINST LIBERTY illegal detention:
a. The kidnapping or detention shall have
Section One – Illegal Detention lasted more than three days;
b. It shall have been committed simulating
Art. 267. Kidnapping and serious illegal detention. public authority;
 It is committed when any private individual who - By pretending to be a public officer,
kidnaps or detains another, or in any other pretending to be NBI agent.
manner deprive him of his liberty. When such c. Any serious physical injuries shall have
detention is illegal or committed in any of the been inflicted upon the person kidnapped
following circumstances: or detained; or if threats to kill him shall
a. If the kidnapping or detention shall have have been made;
lasted more than three days; d. The person kidnapped or detained shall
b. If it shall have been committed simulating be a minor, female or public officer.
public authority;
c. If any serious physical injuries shall have  The presence of any of these circumstances will
been inflicted upon the person kidnapped make the crime serious illegal detention and the
or detained; or if threats to kill him shall absence of any of these circumstances will make
have been made; the crime slight illegal detention under Article 268.
d. If the person kidnapped or detained shall
be a minor, female or a public officer.  Note that the penalty is reclusion perpetua to
- The crime committed is serious illegal death. What then are the circumstances that will
detention. qualify the penalty that will make the institution of
1st Element the maximum penalty of death?
 Who is the offender?
- He must be a private individual because if he - The circumstances are the following:
is a public officer vested with the power to a. If the purpose of the kidnapping or
effect arrest and detain a person, he will be detention was to extort ransom from the
liable for arbitrary detention under Article 124. victim or any other person. Therefore, we
have kidnapping and serious illegal
 Can a public officer also commit kidnapping and detention with ransom.
serious illegal detention? b. If the person kidnapped or detained died
- Yes. If said public officer has not been vested or is killed as a consequence of
by law with the authority to effect arrest and kidnapping and serious illegal detention,
detain a person, then said person is acting in we have kidnapping and serious illegal
his private capacity. Since he is acting in his detention with homicide.
private capacity then he is liable for c. If the person kidnapped or detained is
kidnapping and serious illegal detention and raped, we have kidnapping and serious
not under Article 124 which is arbitrary illegal detention with rape.
detention. d. If person kidnapped or detained is
2nd Element subjected to torture or other
 When is there detention? dehumanizing acts.
- There is detention if the offender detains the
person or liberty of another person. He must  Kidnapping and Serious Illegal Detention with
be detained or incarcerated, there must be Ransom
showing that there was restraint in his person - Ransom
or liberty. Otherwise, if there is no restraint in - Any money, price or consideration given or

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demanded as a redemption for the liberty of  Kidnapping and Serious Illegal Detention with
the person detained. Any money, price or Homicide
consideration which is given in exchange for - It is a special complex crime. Therefore, since
the liberty of the person detained or it is a special complex crime, regardless of
incarcerated is considered ransom. the number of the victims, it is still kidnapping
and serious illegal detention with murder or
- People vs. Mamantak homicide.
While the mother and her daughter were in a
food chain in Tondo, the mother lost her - People vs. Laranaga
daughter. She searched for her daughter over - There were 2 kidnapped victims. They were
a year. A year and 6 months thereafter, she sisters kidnapped and raped, thereafter killed.
received a phone call from a Muslim woman SC held that even though there were 2
claiming that she has her daughter and she victims the crime committed is kidnapping and
was demanding P30,000 in exchange of her serious illegal detention with homicide.
child. The woman instructed the mother to go
to a restaurant, where the exchange will take - NOTE: It is the victim himself or herself who
place. However, the mother already reported died. If it is another person, it is another
the call to the police. When they were in the separate and distinct crime because the law
restaurant and while the exchange was taking is particular that the victim himself is the one
place, the police apprehended Mamantak. that is killed or dies as consequence thereof.
The crime charged was kidnapping and
serious illegal detention with ransom. The Example:
RTC convicted the accused, however for  A kidnapped the child of B who is his enemy.
kidnapping and serious illegal detention but Child is 10 years old. While being held, the child
not for ransom. According to the RTC, the tried to escape. A caught the child trying to
amount given, 30 thousand pesos, is such a escape. He shot the child. What was the crime
small amount to be considered ransom. committed?
According to the RTC it is merely a payment - The crime committed was kidnapping and
for the board and lodging of the child during serious illegal detention with homicide
the child was held by Mamantak.
- SC: The crime committed is kidnapping and  But what if in the same problem, the father told the
serious illegal detention with ransom. Kahit 5 NBI agents about the kidnapping. The agents
pesos pa yan if it was given or demanded as were ale to track down than place where the child
a redemption for the liberty of the person was being kept. They went over the hide out and
detained it is already considered as ransom. exchange of gunfire took place. The father saw
There is no such thing as small amount in so that his child and took him away. While they were
far as ransom is concerned. escaping the kidnapper saw them and shot the
father. What crime or crimes was or were
Example committed?
 A was indebted to B. B was asking for the - In so far as the minor is concerned, the crime
payment, however A failed to pay. B got fed up committed is kidnapping and serious illegal
therefore he kidnapped the minor child of A. B detention. Even if it has not lasted for a period
called A telling him that he would only release his of more than three day, the fact that the victim
child if he pays his indebtedness of half a million. is a minor, the crime committed is kidnapping
Is the crime of kidnapping and serious illegal and serious illegal detention.
detention with ransom committed? - In so far as the father is concerned, since he
- Yes, it is already kidnapping and serious is not the victim of the crime of kidnapping, a
illegal detention with ransom even if the separate crime of homicide should be filed.
amount being asked by the kidnapper is the - Therefore, there are 2 crimes committed by
indebtedness of the father of the kidnapped said kidnapper: kidnapping and serious illegal
child. So any amount given or demanded for detention, in so far as the minor is concerned
the release of the person detained, that is and homicide in so far as the father is
already considered ransom. concerned.

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 NOTE: The same is true for kidnapping and slight illegal detention under article 268.
serious illegal detention with rape. It is necessary
that the victim is the one raped and since it is Art. 268. Slight illegal detention.
again a special complex crime regardless of the Elements:
number of times that the victim was raped the 1. Offender is a private individual
crime committed is only kidnapping and serious 2. He kidnaps or detains another, or in any other
illegal detention with rape. There is no such crime manner deprive him of his liberty
as kidnapping and serious illegal detention with 3. The act of kidnapping or detention is illegal
multiple rapes. Only kidnapping and serious illegal 4. Committed absent any of the circumstances under
detention with rape and so with kidnapping and Art. 267
serious illegal detention with physical injuries Example
which is also a special complex crime.  A, was envious of his neighbor. He kidnapped
said neighbor in the morning and placed him in a
Example: secluded place. A realized that he might be
 A, is a 6 year old child, while playing in the imprisoned, so he decided to release his neighbor
playground was approached by X and gave her in the evening. What is the effect if such release to
candy. Meanwhile, the mother was busy hanging the criminal liability of A?
their clothes. After a while, X came back and this - Under Article 268, slight illegal detention, it is
time gave the child money. The child was so provided that if the victim is released, such
happy and easily persuaded to go with X. The release shall be considered as a privilege
mother searched for her daughter but she was mitigating circumstance because from the
nowhere to be found. X brought the child in his penalty of reclusion temporal, the penalty will
house and molested her twice. The following day, be lowered by one degree which is prision
the mother found her child in their house with torn mayor. However, in order that this voluntary
and blooded clothes. The crime charged was release maybe considered a privilege
kidnapping and serious illegal detention with rape. mitigating circumstance these are the
Is the crime charged proper? requisites:
- No, the charge is wrong because the obvious a. The release must be within three days
intention is to rape the child and not to detain from the commencement of the
her. SC held that the man is guilty of 2 counts detention;
of statutory rape because the child is below b. It must be made without having
12 years of age and she was molested twice. attained the purpose intended;
Therefore, unless and until there was an c. It must be made before the institution
intention to detain the child on the part of the of criminal proceedings against him.
offender, it could be any other crime but not
kidnapping and serious illegal detention. - If all these are present, then such voluntary
release of the offender will mitigate the
 A saw his enemy walking. He abducted his enemy criminal liability of said offender.
and placed him in a vacant lot. The following
morning, his enemy was found in a vacant lot  A kidnapped a public officer in the morning. In the
dead with 10 gun shot wounds. The crime evening he released the said public officer. Will
committed is murder. Obviously there was no such release mitigate the criminal liability of A?
intent to detain the said offended party. The intent - No. Because the fact that the person
was to kill him. Therefore, the proper charge is kidnapped is a public officer the crime
murder and not kidnapping and serious illegal committed is already kidnapping and serious
detention with murder or homicide as the case illegal detention under Article 267. If the crime
maybe. In order to amount to kidnapping and committed is Article 267, no amount of
serious illegal detention with homicide or murder voluntary release will mitigate the criminal
or physical injuries, it is necessary that there must liability of the offender.
be intent to detain and in the course of such
detention the victim is killed or raped or subjected  NOTE: If the victim is a minor, female, public
to torture or other dehumanizing acts. officer automatically the crime committed is a
kidnapping and serious illegal detention under
 If any of the circumstances is absent it will only be Article 267 and no amount of voluntary release will

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mitigate the criminal liability of the offender.


 It is committed by any person who shall induce a
Art. 269. Unlawful arrest. minor to abandon the home of his parent or
Elements: guardians or the persons entrusted with his
1. Offender arrests or detains another person custody.
2. The purpose of the offender is to deliver him to the
proper authorities  The crime will arise even if the child has not left
3. The arrest or detention is not authorized by law or the house of his parents or guardian. Mere
there is no reasonable ground therefor. inducement with intent to cause damage will
Example: suffice.
 A was walking when he was arrested by B a Example
police officer. The arrest was without warrant but  A and B, husband and wife, whose marriage has
the same was not executed under any of the been declared a nullity by the court. The custody
circumstances for a valid warrantless arrest. of their child who is 5 years of age is given to the
Because there were no complainants and mother as provided by law. The father was
evidence presented, the fiscal dismissed the case. granted visitation rights. One Sunday the father
What is the proper crime to be charged? visited the 5 years old son and he brought him
- The public officer is guilty of unlawful arrest. out. Usually, he would return the child by
The fact that he has been detained is already nighttime. However, the father did not bring back
absorbed because the intention of the said the child to his mother’s house. The mother
public officer is to file a case against him, that demanded the return of the child but the father still
is, to deliver him to the proper authorities. failed to return the child. Therefore the mother
Therefore the arbitrary detention is absorbed filed a case of kidnapping under article 270
in unlawful arrest. against the father. Will the case prosper?
- Yes the case will prosper. Under article 271 it is
Section Two – Kidnapping of minors provided that the father or the mother of the minor
may commit any of the crimes covered by the two
Art. 270. Kidnapping and failure to return a minor preceding articles. The only difference is that in
Elements: case kidnapping and failure to return a minor
1. Offender is any person entrusted with the custody under Art. 270, the penalty of reclusion perpetua
of a minor shall be imposed upon any other person but if it
2. He deliberately fails to restore the minor to his shall be the father or the mother of the minor, the
parents or guardians or any person charged with penalty shall be arresto mayor
the custody of the minor or a fine or both under the discretion of the court.
Example Therefore, even the mother or the father can be
 A and B has a child who was entrusted to X criminally liable under articles 270 and 271. The
because they were going on vacation for a week. only difference is in the penalty
They instructed X to return the child after 7 days.
When they came back home X failed to return the Section Three – Slavery and Servitude
child. X was so busy and she forgot to return the
child. Can X be charged with kidnapping under Art. 272. Slavery
Article 270? Elements:
- No because he did not deliberately fail to 1. Offender is any person who shall purchase, sell,
restore the child to his parents or guardian. kidnap or detain a human being
The law requires deliberately. Here he failed 2. The purpose is to enslave the human being
to return the child because of his negligence.
He was so busy.  If the purpose is to engage in some immoral
traffic, the penalty shall be qualified.
Art. 271. Inducing a minor to abandon his home
Elements: Art. 273. Exploitation of child labor
1. That a minor is living in the home of his parents or Elements:
guardian or the person entrusted with his custody 1. Offender is any person who retains a minor in his
2. The offender induces said minor to abandon such service
home 2. It is against the will of the minor

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3. It is under the pretext of reimbursing himself of a uninhabited place. Uninhabited place is one
debt incurred by an ascendant, guardian or where there is remote possibility for the victim
person entrusted with the custody of a minor to receive some help. Luneta Park is a public
place. Therefore, A cannot be held liable
Art. 274. Services rendered under compulsion in under Article 275.
payment of debt
Elements:  1st Act
1. Offender is a creditor who compels a debtor to Example
work for him, either as household or farm laborer  A was hunting in the forest. He found B in the
2. It is against the debtor’s will middle of the forest. There was a big trunk of a
3. The purpose is to require or enforce the payment tree in his neck; thus, B cannot move. He was
of a debt begging for help. A however just left. B thereafter
was rescued. Can A be held liable under Article
Chapter Two 275?
CRIMES AGAINST SECURITY - Yes because A found B in an uninhabited
place, the forest. He was wounded, he was in
Section One – Abandonment of helpless persons and danger of dying because there was a big
Exploitation of minors trunk in his neck. There was no detriment on
the part of A if he renders assistance but he
Art. 275. Abandonment of person in danger and failed to render the same. Therefore he is
abandonment of one's own victim liable under Article 275.
 3 acts punished:
 But what if A found B. B was bitten by a snake
1) Any one who shall fail to render assistance to and it was still there. B was asking for help but A
any person whom he shall find in an did not help him because he was afraid that the
uninhabited place wounded or in danger of snake too might bite him. Can A be held liable
dying, when he can render such assistance under Article 275?
without detriment to himself, unless such - No, because helping B would be detrimental
omission shall constitute a more serious on his part.
offense;
Elements:  2nd Act
1. The place is not inhabited Example
2. The accused found there is a person  A was driving his car when suddenly it tripped
wounded or in danger of dying over a stone. The stone flew, hitting the left eye of
3. The accused can render assistance a bystander. Is A liable?
w/out detriment to himself - No because it was purely accidental. It is an
4. The accused fails to render exempting circumstance. he was performing a
assistance lawful act with due care. An incident
happened without fault or accident on his
2) Anyone who shall fail to help or render part.
assistance to another whom he has
accidentally wounded or injured;  However, when the left eye of the bystander bled,
he saw it, instead of bringing the person to the
3) Anyone who, having found an abandoned hospital, he sped up. Is A criminally liable?
child under seven years of age, shall fail to - Yes, A is criminally liable. When he failed to
deliver said child to the authorities or to his render assistance to his victim, he is
family, or shall fail to take him to a safe place. criminally liable under Article 275.

Example Art. 276. Abandoning a minor


 A saw B at Luneta Park. He was wounded, he Elements:
was bitten by a dog. He was crying for help, 1. Offender is any person who has custody of a child
instead of helping B, A took off. Is he liable under 2. The child is under 7 years of age
Article 275? 3. That he permanently, deliberately and consciously
- No because Luneta park is not an abandons such child

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4. That he has no intent to kill the child when the callings enumerated in the next
latter is abandoned paragraph preceding who shall employ
any descendant of his under twelve
 Penalty will be qualified if – years of age in such dangerous
a. death of the minor shall result by reason of exhibitions;
such abandonment or
b. the safety of the child has been placed in 4) Any ascendant, guardian, teacher or
danger. person entrusted in any capacity with the
care of a child under sixteen years of
Art. 277. Abandonment of minor by person entrusted age, who shall deliver such child
with his custody; indifference of parents gratuitously to any person following any
 2 acts punished: of the callings enumerated in paragraph
2 hereof, or to any habitual vagrant or
1) Abandonment of a child by a person beggar.
entrusted with the custody
Elements: In either case, the guardian or curator
1. The offender is any person who has convicted shall also be removed from
charge of the rearing or education of office as guardian or curator; and in the
a minor case of the parents of the child, they
2. The he deliver said minor to a public may be deprived, temporarily or
institution or other persons perpetually, in the discretion of the court,
3. That it is without the consent of the of their parental authority;
one who entrusted such child to his
care or in the absence of the latter, 5) Any person who shall induce any child
without the consent of the proper under sixteen years of age to abandon
authorities the home of its ascendants, guardians,
curators, or teachers to follow any
2) Indifference of Parents person engaged in any of the callings
Elements: mentioned in paragraph 2 hereof, or to
1. The offender is a parent accompany any habitual vagrant or
2. The he neglects his children by not beggar.
giving them the education
3. That his station in life requires such  These acts are considered exploitation of minors
education and financial conditions because these acts endanger the life and safety,
permits it the growth and development of said minors. This
usually involves circus.
Art. 278. Exploitation of minors.
 The following are the acts punished: Art. 279. Additional penalties for other offenses. — The
imposition of the penalties prescribed in the preceding
1) Any person who shall cause any boy or articles, shall not prevent the imposition upon the same
girl under sixteen years of age to person of the penalty provided for any other felonies
perform any dangerous feat of defined and punished by this Code.
balancing, physical strength, or
contortion; Section Two – Trespass to dwelling

2) Any person who, being an acrobat, Art. 280. Qualified trespass to dwelling
gymnast, rope-walker, diver, wild-animal Elements:
tamer or circus manager or engaged in a 1. Offender is a private person
similar calling, shall employ in exhibitions 2. He enters the dwelling of another
of these kinds children under sixteen 3. That such entrance is against the latter’s will
years of age who are not his children or
descendants;  Trespass to Dwelling or Qualified Trespass to
Dwelling is committed by any private person who
3) Any person engaged in any of the shall enter the dwelling of another against the

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latter's will Entry was made against the Entry was made without
will of the owner/possessor seeking the permission of
 It is committed by a private person because if it is of property the owner/caretaker thereof
public officer the crime committed is under Art.
128 which is Violation of Domicile. Under Art. 128, Example
when the law says “against the will”, it means that  Townhouse A was currently uninhabited. There was a
there is some prohibition, there is opposition of notice posted that it was for rent. X entered the said
entering whether express or implied. Mere entry townhouse. What crime was committed by A?
without the consent of the owner will not bring - Trespass to Property because at that time the
about qualified trespass to dwelling. If the door is premises was closed and uninhabited and he
open it means that anybody can enter even enters without securing the permission of the
without the consent of the owner. The moment he owner or the caretaker.
enters he cannot be held liable with qualified
trespass because there is no prohibition or  A and B, husband and wife, went on vacation for a
opposition to enter. It is necessary that there must month. Their house was therefore uninhabited. X learned
be prohibition or opposition from entering. that there was no one inside the house. he entered the
- It can be express an express prohibition house. what crime was committed? Is it Trespass to
such as, when there is a note stating “ Property or Qualified Trespass to Dwelling?
DO NOT ENTER” or when the door is - Qualified Trespass to Dwelling. It is a residential
closed after a person knocks when the place and someone is occupying it even if at the
owner sees the person knocking. moment it is uninhabited because the owners
- It is implied if the door is closed even if it went on vacation. It is considered an inhabited
is not locked. place therefore the moment someone enters, it
is considered trespass to dwelling and not
Art. 281. Other forms of trespass. — The penalty of trespass to property.
arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall Section Three – Threats and coercion
enter the closed premises or the fenced estate of
another, while either or them are uninhabited, if the 3 kinds of threats:
prohibition to enter be manifest and the trespasser has 1. Grave threats
not secured the permission of the owner or the 2. Light threats
caretaker thereof. 3. Other light threats

 Trespass to Property Art. 282. Grave threats


Elements: Acts punished:
1. Offender is any person who shall enter the
closed premises or the fenced estate of 1) Threaten another with the infliction upon the
another person person, honor or property of the latter or of his
2. The entrance is made while either of them family of any wrong amounting to a crime coupled
is uninhabited with a demand of money or imposition of any
3. That the prohibition to enter be manifest other condition, even though not unlawful, and
4. That the trespasser has not secured the said offender attained his purpose
permission of the owner or the caretaker
thereof 2) Threaten another with the infliction upon the
person, honor or property of the latter or of his
 Trespass to Dwelling vs. Trespass to Property family of any wrong amounting to a crime coupled
with the demand of money of money or imposition
Trespass to Dwelling Trespass to Property any other condition, even though not unlawful, and
Place is a dwelling and Place is a closed premise said offender did not attain his purpose
inhabited or the fenced estate of
another which is unihabited 3) Threaten another with the infliction upon the
Prohibition to enter can Prohibition to enter must be person, honor or property of the latter or of his
either be express or implied manifest family of any wrong amounting to a crime without

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the demand of money or imposition of any other DISTINCTION: GRAVE, LIGHT, OTHER LIGHT
condition THREATS
GRAVE LIGHT OTHER LIGHT
Art. 283. Light threats THREATS THREATS THREATS
Light threats: The threat is The threat does Committed by
- Any threat to commit a wrong not constituting a always & always not amount to a threatening another
crime, but it is always subject to a demand of amounting to crime. It is with a weapon or
money or imposition of any other condition, even and constituting always and draw such weapon
though not unlawful a crime. It may always subject in a quarrel, unless
or may not be to a demand of it be in lawful self-
Art. 284. Bond for good behavior subject to money or the defense; or orally
Example: demand of imposition of threatening, in the
 A threatened to kill B. B filed a case of grave threats money or any other heat of anger,
against A. Upon filing of the case, what bail if any should imposition of condition, even another with some
the court impose upon A? other conditions. though not harm not
ANS: BOND FOR GOOD BEHAVIOR - is a bail The offender unlawful. constituting a crime,
required by the court to be posted by any accused may or may not and who by
only in the crimes of grave threats and other light attain his subsequent acts
threats. This is to ensure that the offender will not purpose. show that he did not
make good the threat imposed by him. Failure to persist in the idea
post the bond, the offender shall be sentenced to involved in his
destierro. threat; or orally
threatening to do
Art. 285. Other light threats any harm not
Acts punished: constituting a felony.

1) Threatening another with a weapon or draw such


weapon in a quarrel, unless it be in lawful self-
defense
Example:

 A learned that B was spreading negative rumors against


him. A was so mad so he went to the house of B and
2) Orally threatening, in the heat of anger, another shouted, “B get out of your house. I will kill you! I will kill
with some harm not constituting a crime, and who you!” But B did not go out of the house. Instead, it was
by subsequent acts show that he did not persist in the son of B who went out. A told the son to let his father
the idea involved in his threat go out because A would kill him. Upon hearing this, the
son went inside the house and did not go back. B as well
did not go out. Later, A left B’s house.

3) Orally threatening to do another any harm not CRIME: A committed other light threats. A, in the
constituting a felony heat of anger, orally threatened B with a wrong
constituting a crime but he did not pursue the
idea.

 Whether it be grave, light or other light threats, the


essence of the threats is intimidation - the promise of a
future wrong or harm.  A saw that B has a new Lexus. A knew that the car was
smuggled. A told B. “If you will not give me 500,000php, I
 Threats can be committed personally, orally, in writing or will tell the Bureau of Customs that your car is
through an intermediary. If committed in writing or smuggled.”
through an intermediary, the penalty is qualified.

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CRIME: Light threats. A threatened to commit a


wrong not constituting a crime. It is not a crime to - Unlike in threats where the essence of
tell Customs that the car was smuggled. The the threats is the promise to do a future
threat is subject to a demand of money or the wrong or injury; in coercion, the threat is
imposition of any other condition, even though not present, direct, personal and imminent.
unlawful. Hence, grave coercion cannot be
committed through an intermediary or in
writing because the threat is always
personal, present and imminent. The
 A, creditor of B, was inside the house of the latter threatened act is about to be committed.
seeking for payment of debt. B said, “get out of my
house. If I still see you later afternoon in my house when DISTINCTION: THREAT AND COERCION
I come back, I will kill you!” THREAT COERCION
the wrong threatened to be the wrong threatened to be
committed is in the future committed is direct,
CRIME: B committed Grave threats because there
personal, present and
is a promise of a future wrong of killing to be
imminent
committed in the afternoon.
threats may be committed in threats cannot be
writing or through an committed in writing or
intermediary through an intermediary
because they should always
 A, creditor of B, was inside the house of the latter be personal and direct
seeking for payment of debt. B said, “get out of my house threat means intimidation it is violence; or intimidation
right now or else I will kill you!” sufficient enough to amount
to violence
CRIME: B committed Grave coercion. The threat
is present, direct, personal, immediate and Art. 287. Light coercions
imminent. It is not in the future. LIGHT COERCION - committed by a creditor who shall
seize anything belonging to his debtor by means of
violence or intimidation for the purpose of applying the
same to the indebtedness
Art. 286. Grave coercions
2 ways to commit grave coercion: - related to light coercion is UNJUST
1. PREVENTIVE COERCION VEXATION which refers to any human
- if a person prevents another by means of conduct, although not capable of producing
violence or intimidation from doing any harm or material injury, annoys or vexes
something not prohibited by law. an innocent person.
Example:
 A wanted to enter the house of B against the latter’s will. Art. 288. Other similar coercions
X saw A, so he prevented A. Nevertheless, A continued OTHER LIGHT COERCION - more on labor
to enter. Because of this, X boxed A resulting to slight Acts punished:
physical injuries.
CRIME: Slight physical injuries because X 1) Committed by forcing or compelling directly,
prevents a person from doing something indirectly, knowingly permitting or forcing an
prohibited by law. In grave coercion, the offender employee or laborer to buy merchandise or
prevents someone to do something not prohibited commodities from the employer
by law.
2) By paying the wages due to the employees or
2. COMPULSORY COERCION laborers by objects other than the legal tender of
- if a person compels another by means of the Philippines, unless it is requested by the
violence and intimidation from doing employee or laborer
something against his will, whether it be
right or wrong, prohibited or not. Chapter Three

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DISCOVERY AND REVELATION OF SECRETS private communication is inadmissible in evidence


in any judicial, quasi-judicial, legislative or
Art. 290. Discovering secrets through seizure of administrative proceeding or investigation.
correspondence
The only exception is when a police officer is
SEIZURE OF CORRESPONDENCE to discover the authorized by a written order of the court to
secrets of another listen to, intercept or record any communication in
- committed by any person who shall seize any crimes involving treason, espionage, provoking
correspondence of another to discover the secrets war and disloyalty in case of war, piracy, mutiny in
of the latter. DAMAGE is not a requirement. The the high seas, rebellion, conspiracy and proposal
mere act of seizing the correspondence to to commit rebellion, inciting to rebellion, sedition,
discover the latter’s secrets will consummate the conspiracy to commit sedition, inciting to sedition
crime. It is also NOT necessary that the secret be and kidnapping.
REVEALED.
2) Knowingly possessing any tape record, wire
Art. 291. Revealing secrets with abuse of office record, disc record, or any other such record, or
REVEALING SECRETS BY ABUSING OFFICE copies thereof, of any private communication or
- committed by a manager, employee or servant spoken word
who reveals the secrets of his master learned by
him in such capacity. It is the revelation of secrets 3) By replaying the wire record, tape record, disc
which will consummate the crime, not mere record for any other person or persons; or
discovery. DAMAGE is also not an element. communicating the contents thereof, either
verbally or in writing, to another person
Art. 292. Revelation of industrial secrets
REVELATION OF INUSTRIAL SECRETS 4) Furnishing transcriptions of the wire record, disc
- committed by any person in charge or an record or tape record, whether totally or partially,
employee in an industrial of manufacturing to any other person
establishment who shall learn and discover the
secrets of the industry and shall reveal the same Title Ten
to the prejudice of the owner thereof. DAMAGE CRIMES AGAINST PROPERTY
must be caused to the offended party. Mere
revelation of secrets will not suffice. Chapter One
ROBBERY IN GENERAL
In relation to –
RA 4200 (ANTI-WIRE TAPPING LAW) Art. 293. Who are guilty of robbery
ACTS: ROBBERY- committed by any person who, with intent to
1) It shall be unlawful for any person, not obtaining gain, shall take any personal property belonging to another,
the consent of all the parties to any private by means of violence or intimidation of any person, or using
communication or spoken word, to tap any wire or force upon anything
cable, or by using any other device or
arrangement, to secretly overhear, intercept, or Elements:
record such communication or spoken word by 1. Offender unlawfully takes the personal
using a device like dictaphone or dictagraph or property of another
dictaphone or walkie-talkie or tape recorder, or UNLAWFUL TAKING - deprivation of the
other similar means offended party of his personal property.
2. The personal property belongs to another
Exapmle: person
 A told B to go inside his room. When inside the room, - If the property does not belong to
A started scolding B saying slanderous remarks another person, it cannot be said that
against him. Unknown to A, B was recording the there is intent to gain on the part of the
private communication between them. Can B use the offender
record in filing a case for slander against A? 3. Intent to gain in taking the property
ANS: No, because the act of tape recording - Intent to gain is an internal state of
without being authorized by all the parties in a mind. The law presumes that there is

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intent to gain the moment that there is 7) If the violence employed in the commission or
taking of personal property of another robbery does not constitute the physical
4. Taking is with violence and intimidation or injuries covered by sub-divisions 3 and 4 of
force upon things said Article 263 or that only intimidation is
employed.
Section One – Robbery with violence against or Based on the foregoing, there exists crimes such as
intimidation of persons robbery with homicide, robbery with rape, robbery with
serious physical injuries and robbery with unnecessary
Art. 294. Robbery with violence against or intimidation violence and simple robbery.
of persons
ROBBERY WITH HOMICIDE
2 Types of Robbery: - is a special complex crime because in reality
1. WITH VIOLENCE AND INTIMIDATION there are two crimes committed but in the
- In this kind of robbery, the value of the eyes of the law, there is only one crime. For
property taken is immaterial because the as long as the original intent or original
penalty is dependent on the violence criminal design of the offender is to rob, the
employed by the offender. killing may take place before, during or after
2. WITH FORCE UPON THINGS the robbery
- The value of the property taken is material
because the penalty is dependent upon the - regardless of the number of persons killed,
value of the property. there is only one crime committed. Also, even
if the killing is unintentional or accidental,
 ROBBERY WITH VIOLENCE AND there is still one crime committed.
INTIMIDATION
ACTS: - even if the victim of the killing is different from
1) When by reason or on the occasion of the victim of the robbery, still it is robbery with
robbery, homicide is committed homicide. This constitutes the difference
2) When robbery is accompanied by rape, between kidnapping with serious illegal
intentional mutilation, or arson detention because in this crime, the victim of
3) When by reason or on the occasion of the kidnapping must also be the victim of the
robbery, any of the serious physical injuries killing
resulting to insanity, imbecility, impotency or Example:
blindness was committed  A went to the house of B and took the valuables
4) When by reason or on the occasion or therein. During the taking, one jewelry box suddenly
robbery, any of the of the serious physical fell on the floor. This awakened the owner of the
injuries resulting to the loss of the use of house, X. When A saw this, he immediately shot X
speech or the power to hear or to smell, or CRIME: Robbery with homicide because by
shall have lost an eye, a hand, a foot, an arm, reason or on the occasion of robbery, homicide
or a leg or shall have lost the use of any such was committed.
member, or shall have become incapacitated
for the work in which he was therefor  In same problem, wife of X was also awakened and
habitually engaged she started to shout. Because of this, A also shot the
5) When the commission of the robbery is wife
carried to a degree clearly unnecessary for CRIME: Robbery with homicide even if two
the commission of the crime persons were killed since the crime is a special
6) In the execution of the robbery, and in complex crime. All the offenses are merged into a
consequence of the physical injuries inflicted, single indivisible crime of robbery with homicide.
the person injured shall have become
deformed, or shall have lost any other part of  A was about to go out bringing with him the valuables
his body, or shall have lost the use thereof, or he robbed. However, he bumped the door. This
shall have been ill or incapacitated for the awakened the owner, X, who tried to chase A. They
performance of the work in which he as reached the garden part of the house. While therein, A
habitually engaged for a period of more than positioned himself to shoot X, so X jumped on A to
ninety days struggle possession of the gun. In the course of the

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struggle, the gun fired and hit a balot vendor who person was injured. All these circumstances are
passed by the house of X. merged into an integrated whole; that is, the single
CRIME: Robbery with homicide. Since it is a indivisible offense of robbery with homicide
special complex crime, even if the victim of
robbery is different from the victim of homicide or ROBBERY WITH RAPE
even if the killing is accidental, there is only a - is also a special complex crime. So long as
single indivisible crime committed. So long as the the intention of the offender is to commit
killing is by reason or on the occasion of the robbery, the rape can be committed before,
robbery. during and after the robbery. Regardless of
the number of rapes, there is only a single
 A, B and C entered the house of X to commit robbery. indivisible crime. There is no such crime as
After taking the valuables and as they were about to robbery with multiple rapes.
leave, X was awakened. Among the three, it was only Example:
A who shot and killed X.  A woman was walking on her way home. It was payday
CRIME: All are criminally liable even if it is only A and her salary was inside her bag. X, the robber, took
who shot X. While there is a rule that in an the bag of the woman and got the money therein. X
express or direct conspiracy the conspirators are found the woman attractive so he raped her twice.
liable only for the crime agreed upon by them, the CRIME: Robbery with rape, regardless of the
situation however falls under the exception. number of times the woman was raped.
EXCEPTION: That is, when the conspiracy results
to a special complex crime. The crimes cannot be
separated from each other. Thus, even if it’s only
A who shot X or even if the agreement is only to People vs Suyu
commit robbery, since homicide was committed by A couple was h