BOOK 2 NOTES
ATTY. V. GARCIA
~ Atty. Victoria Garcia ~
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
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.
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 ARTICLE 122 – PIRACY
involved. ELEMENTS:
2. That the offender makes correspondence with an 1. The first element is where the vessel is
enemy country or any territory occupied by enemy located. The vessel can either be on the high
troops. seas or on Philippine waters (this was brought
3. That the correspondence is either — about by the amendment of RA 7659). Before
a.) Prohibited by the Philippine Government the amendment of RA 7659, Piracy under
b.) Carried on in ciphers or conventional signs Article 122 can only be committed when the
c.) Containing notice or information which might vessel is on the high seas. But because of
be useful to the enemy this amendment brought about by RA 7659,
Piracy now under Article 122 can be
Here, there is a war in which the Philippines is committed when the vessel is on Philippine
involved. waters.
Q: The Philippines is at war with the another country. Here 2. The second element provides for the
comes X, a Filipino citizen, he has a pen pal who is a offenders. The offenders must NOT be
citizen of the country which is at war with the Philippines. members of the complement or passengers of
The competent authority or the President issued a the vessel. Therefore, the offenders must be
declaration of proclamation saying that there should be no STRANGERS to the vessel. They must be
correspondence to the enemy state. But X missed his coming from the outside, not from the inside.
penpal, and so, he wrote in a small piece of paper, "i love
you, i miss you, muamua!" Is X liable of the crime of 3. The third element refers to the mode of
correspondence with the enemy? committing piracy.
A:X is liable because there was a declaration issued a. The offenders either ATTACK or
by a competent authority that correspondence with the SEIZE the vessel.
hostile country is prohibited and if there is no b. The offenders either SEIZE IN
declaration, proclamation coming from the competent WHOLE or IN PART the cargo, the
authority prohibiting correspondence, the crime will equipment or the personal
only arise if the said crime is carried on in ciphers or belongings of the passengers or
conventional signs or Containing notice or information members of the complement.
which might be useful to the enemy.
Based on these elements, you will notice that piracy is ARTICLE122 –MUTINY
akin to robbery. It is in effect robbery. It is just called COMMITTED WHEN:
piracy because the object of the thing is either the 1. The vessel is either on the high seas or on
vessel or the cargo or equipment of the said vessel. Philippine waters
There is also the use of force or intimidation. There is 2. The OFFENDERS are MEMBERS OF THE
also the use of violence against persons. There is also COMPLEMENT or PASSENGERS OF THE
intent to gain.So it is akin, similar to robbery. VESSEL
3. The offenders raise a commotion or
disturbance on the board the ship against the
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.
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.
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.
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
Q: But what if in the same problem, while X was waiting for ARTICLE124 – ARBITRARY DETENTION BY
his demands to be given by the government, he saw a girl DETAINING A PERSON WITHOUT LEGAL GROUND
and with lewd design, he touched the private parts of the ELEMENTS:
seven-year old girl. Therefore he committed a violation of 1. That the offender is a public officer or employee
RA 7610 the Anti-Child Abuse Law. He was acquitted of Who is the offender in Article 124?
terrorism. Can the state prosecute him for violation of RA The offender is a public officer or
7610? employee. BUT NOT ALL PUBLIC
A: Yes, because it is not among the predicate OFFICERS OR EMPLOYEES can
crimes. It is not a crime necessarily included in commit arbitrary detention. The
the crime of terrorism. 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
JUDGES they can order the summary
detention of persons cited in contempt of
court.
2. That he detains a person
The second element requires that the
offender detains a person.
So when is there detention?
There is detention when the
offended party is placed in
incarceration. When the offended
party is placed behind bars or when
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 sale 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 comply. 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
an implied opposition, an implied prohibition from the same under the plain view doctrine. So in this
entering.When he entered without a search case, these drug paraphernalia where under the
warrant intending to conduct a search is already a plain view and therefore under the obligation to
violation of domicile seize and confiscate them and these are
admissible as evidence against the owner of the
Q: What if the police officer knocked on the door of the house.
house of X. X opened the door, upon seeing the public
officers, X allowed them to enter. The police officer told X Q: What if a police officer was conducting a surveillance of
that they were looking for a stolen car stereo in the X, a well-known drug pusher, so he was always within the
neighborhood; we are going to conduct a search in your vicinity of the house of X. One time, it was the birthday of
house. X said, "No, you cannot conduct a search inside my X, the gate of the house was open, and the door of the
house”. The police officers agreed and left the house. Are house was opened. The police officer disguised himself as
they liable for violation of domicile? one of the guests and he entered the house together with
A: They are not liable. It is not entry against the the flow of the guests. His intention was to conduct a
will. They did not conduct a search. The entry was search. He was already about to conduct the search when
not done surreptitiously. It does not fall any of the the owner of the house recognized him. The owner of the
acts, therefore, they are not liable for violation of house came up to him. “I know you, you are a police
domicile. officer. Get out of my house right now” and he left. Is he
liable for violation of domicile?
Q: In the same problem, when they told the owner that they A: No, he is not liable for violation of domicile.
were conducting a search for the stolen car stereo, the The entry was done surreptitiously, secretly,
owner of the house said, “No, you cannot conduct a candidly, he was in disguise. It was not against
search. There is nothing stolen inside my house” but the the will of the owner because the gates and the
police officers proceeded with the search. door were open. He did not conduct the search
A: This time, they are liable for violation of because the owner saw him before he could do
domicile because they made a search without the so. The entry was done surreptitiously. He was
previous consent of the owner – under the second discovered and ordered to leave, and he left.
act of Art. 128 Therefore, he is not liable for violation of domicile
However, upon being discovered and ordered to
Q: What if in the same problem, the owner of the house leave and stayed in the house.
told the police officers, “No you cannot conduct a search, Here, he is liable for violation of
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
order of the owner. However, on their way out, before they domicile despite the public officer or employee is
could go out, they saw near the door, a table and on top of armed with a search warrant.
it, there were drug paraphernalia, contraband. And so, they
seized and confiscated the contraband and then thereafter
they leave the house. Are they liable for violation of ARTICLE129 – SEARCH WARRANTS MALICIOUSLY
domicile? Are the evidences confiscated admissible against OBTAINED AND ABUSE IN THE SERVICE OF THOSE
the owner? LEGALLY OBTAINED
A: They are not liable of violation of domicile. Prohibited acts – violation of domicile (search
When they were told not to conduct the search, warrants maliciously obtained and abuse in the
they did not conduct the search and they were service of those legally obtained) is committed
about to leave, therefore, not liable for violation of through:
I. By procuring a search warrant without just
domicile. But they confiscated the drug
cause
paraphernalia that they saw. Yes, the confiscated When a public officer or employee
drug paraphernalia were admissible against the conducts a search and the search
owner because they were contraband. They are warrant was an illegally procured
illegal per se. And the police officers saw them search warrant. It was procured
without conducting the search, they saw them without just cause.
inadvertently. Even without conducting the search,
the police officers would see contraband, SEARCH WARRANT – is an order in writing, issued in the
narcotics, in their presence, in their plain view, name of the People of the Philippines, signed by a judge
they are mandated by law to seize and confiscate and directed to a peace officer, commanding him to search
for personal property described therein and to bring to court domicile under Art. 129 because he
the particular things to be seized. procured the said search warrant
without just cause.
Before a search warrant may be issue, the following So in other words, the said police
officers must be allowed to enter and
are the requisites to a valid search warrant: allowed to conduct the search and the
1.) It is required that it is for one specific offense. owner of the house shall have the
2.) There must be probable cause abovementioned remedies thereafter.
3.) 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.
4.) 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
5.) The said search warrant must specifically state the
place to be searched and the place to be seized. the search warrant.
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
absorption and such complexity of crimes
be searched. The police officer cannot exercise
Under Article 129, the liability for violation of
discretion. They have to follow what is stated in 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
shabu underneath the pillow inside the bedroom of X. Are
implementation of the said search warrant.
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?
Therefore they should be filed in A: The police officers are liable of violation of
violation of Art. 129, violation of domicile under Article 130.
domicile, for exercising excessive Article 130 provides for an hierarchy of witnesses
severity.
who must be present in the conduct of the search.
2. Malicious mischief – for destroying the
furniture and appliances The law says it must witnessed by the owner of
3. less serious physical injuries – for slapping the house, it is only in the absence of the owner of
the wife the house that it must be witnessed by any
member of his family. It is only in the absence of
Are you going to file all 3 cases or is it absorbed and the owner of the house or any member of his
must be file within the court? family that there must be 2 witnesses residing
Violation of domicile cannot absorb malicious
from the same locality.
mischief nor less serious physical injuries.
Although in reality, these two are merely the In the problem, the owner of the house was
manifestations of the excess in the there, the members of his family were there
but, they were not allowed to witness the said ARTICLE132 – INTERRUPTION OF RELIGIOUS
search. Therefore, the said search was WORSHIP
conducted in violation of Article 130 and any ELEMENTS:
evidence confiscated will be inadmissible 1. This is committed by an offender who is again
against the owner of the house for being fruits a public officer or employee.
of poisonous tree under the exclusionary rule in 2. Then there is a religious ceremony or
Political Law manifestations of any religion are about to
take place or are going on.
GALVANTE VS. CASIMIRO 3. That the offender prevents or disturbs the
The Supreme Court says, said religious worship or religious ceremony.
“There is no such crime as illegal search. So, what If the offender makes us of violence or threats in
is prohibited only the searching of the dwelling under Article committing the crime, such use of violence or
129. But, in case of search under vehicle or any other threats would not constitute a separate and
places, there is no such thing as illegal search. The remedy distinct charge. Rather it is considered as an
is to file an action for damages, a civil action for damages.” aggravating or qualifying circumstance which
would mean an imposition of a higher penalty.
ARTICLE131 – PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS ILLUSTRATION:
This is committed by a public officer or employee Q: So what if there is a barrio fiesta and the priest is about
who commits any of the following acts: to celebrate the mass. Here comes X and he went to the
I. By prohibiting or by interrupting, priest and point the gun to the priest. Then the priest was
dissolving, without legal ground, the
about to celebrate the mass. At first the priest did not mind
holding of a peaceful meeting, or by
dissolving the same. (any peaceful him. But X intentionally pointed the gun to the head of the
meeting) priest and said, “I will kill you if you will celebrate the mass!”
II. By hindering any person from joining any So the priest did not celebrate the mass and all the faithful
lawful association or from attending any went out of the church. What crime if any is committed by
of its meetings. X?
III. By prohibiting or hindering any person A: X is liable for interruption of religious
from addressing, either alone or together
worship under Article 132. What about the fact
with others, any petition to the authorities
for the correction of abuses or redress of that he pointed a gun at the head of the priest?
grievances. Would it constitute a separate and distinct crime of
grave threats? It will not. The fact that threats
For the crime to arise, it is necessary that the meeting were employed in the commission of the crime
that was prevented, interrupted or dissolved must be a would only mean the penalty will be imposed in its
peaceful meeting and it must be for any lawful maximum period. It would be considered an
purpose. If the meeting is not a peaceful meeting or if aggravating circumstance in committing the crime
the meeting is not for lawful purpose, a public officer or
of interruption of religious worship. BUT, IT WILL
employee has all the rights to prevent, interrupt or
dissolve the said meeting. NOT BRING ABOUT A SEPARATE AND
DISTINCT CHARGE FOR GRAVE THREATS OR
This is in the exercise of the freedom of speech, EVEN UNDER LIGHT THREATS.
freedom of expression and freedom of assembly. However,
these 3 freedoms are not absolute. The Supreme Court ARTICLE133 – OFFENDING THE RELIGIOUS FEELINGS
has enjoined the power of the State to regulate these ELEMENTS:
meetings through permits. 1. Committed by a public officer or employee or
a private individual.
Before any of these peaceful meetings for a lawful purpose The first element provides for the
may be held in a public place, there must be a permit offender. The offender may be a
coming from the local authority of the place. The permit is public officer or employee or a
only to regulate the said meeting and not to prohibit it. private individual. This is the only
Regulate as to the time, place and to the date, so that the crime under Title Two where the
public would not be in inconvenience. offender can be a private individual.
From Article 124 to Article 132 under
Title Two, the offender can ONLY be
a public officer or employee. The
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.
ILLUSTRATION:
Q: So what if X (A private individual) entered a catholic
church after that the tabernacle was opened and he took
out the chalice and inside the chalice was the host which
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
together with some police officers. They entered the the Congress either from attending
session of and disturbed and prevented the said meeting any meeting of the Congress or its
by force. What crime, if any, was committed? committees or subcommittees,
A: It is the violation of Article 143 – ACTS constitutional commissions or
TENDING TO PREVENT THE MEETING OF committees or divisions thereof ,
CONGRESS AND SIMILAR BODIES. from expressing his opinions or
casting his vote
ARTICLE144 – DISTURBANCE OF PROCEEDINGS can be committed by
Punishes disturbance of proceedings anyone (private
In disturbance of proceedings, there is a meeting individual, public officer
of Congress or of any of its committees or or employee)
subcommittees, constitutional commissions or
committees or divisions thereof, or of any 2. Penalty: PrisionCorreccional – can
provincial board or city or municipal council or only be committed by a public officer
board or employee who shall, while the
The offender either disturbs any of such Congress is in regular or special
proceedings or he behaves while in the presence session, arrest or search any
of such proceedings in such a manner as to member thereof, except in case such
interrupt the proceedings or impair the respect member has committed a crime
due it. punishable under this Code by a
So here, it is necessary that the offender, who penalty higher than prision mayor.
was present in the meeting, either he disturbs the Offender should be
said proceeding, or while being there, he only a public officer or
employee and not any Q: What if Congressman A is charged with the crime of
individual because any attempted homicide. The fiscal found probable cause, the
individual cannot make case was filed in court. The court agrees with the fiscal and
a search or arrest a a warrant of arrest was issued against Congressman A.
member of the The warrant of arrest was issued by the judge on
Congress December 24, the police officers had possession of the
It is necessary that at said warrant of arrest on December 25, on Christmas Day.
the time of the arrest, While Congressman was inside his house, the police
the member of officers arrived and arrested the said Congressman for
Congress, the having been charged of the crime of Attempted Homicide.
Congress must be in The penalty for Attempted Homicide is Prision Correcional
its regular or special because under Article 249, the penalty for Homicide is
session. Reclusion Temporal and the attempted is two degrees
Likewise, it is lower, one degree is Prision Mayor, two degrees lower is
necessary that the said Prision Correcional, therefore, the penalty to be imposed in
member of Congress this Attempted Homicide is Prision Correcional. So the
has committed a crime police officers armed with a warrant of arrest went inside
which is not higher the house of the Congressman and arrested him on
than Prision Mayor. Christmas Day, December 25, are the police officers liable
for violating parliamentary immunity under Article 145?
ILLUSTRATION: A:YES, they are liable for violation of
Q: How about in the case of Panfilo Lacson? Parliamentary Immunity.Because during
A: The case against Sen. Lacson was fortunately Christmas break or during Holy week break or any
dismissed by the Court of Appeals. But let us say, other kind of break, Congress is still in its regular
it is not dismissed by the Court of Appeals, he was session. Because as stated in Political Law, in
being charged of double murder – Dacer-Corbito Constitution, when does Congress start? 4th
double murder slay. He went into hiding. Let us Monday of July, that is when the President states
say that he made his appearance. Can he be his SONA. When does Congress ends? 30 days
arrested even if the Congress is in regular or before the start of Congress. Therefore, during
special session? YES. Because the crime Christmas break or during Holy week break or any
committed by him is punishable by a crime other break, the Congress is still in its regular
committer higher than prision mayor. It is session. Any arrest of a member of Congress
punishable by reclusion perpetua. Therefore, had during this time, if the said member of Congress
it not been dismissed by Congress and he has not committed a crime where a penalty is
apparently appeared and the Congress is in higher than Prision Mayor, shall be punished as
regular or special session, he could be arrested. violation parliamentary immunity under Article 145.
Q: What if a Congressman is charged with the crime of libel ARTICLE146 – ILLEGAL ASSEMBLY
before the RTC. The RTC issued a warrant of arrest There are 2 KINDS OF ILLEGAL ASSEMBLY:
against the Congressman. The police officers armed with a I. Any meeting attended by armed persons for
warrant of arrest went inside the walls of Congress and the purpose of committing any of the crimes
they arrested the said Congressman. Are the police officers punishable under this Code
liable under this Article? ELEMENTS:
A:YES, they are liable for violation of 1. That there be a meeting, a
parliamentary immunity under the second. gathering or group of
Because at the time the Congress is in its regular persons, whether in fixed
session and they arrested the said Congressman, place or moving
Libel under Article 355 is punishable only by 2. The meeting is attended by
Prision Correcional in its minimum and medium armed persons
period, therefore it is below Prision Mayor, hence, 3. The purpose of the meeting
the Congressman cannot be arrested while the is to9 commit any of the
Congress is in its regular or special session. crimes punishable under
the Code
II. Any meeting in which the audience, whether In case of illegal assembly, the organizers or leader
armed or not, is incited to the commission of of the meeting will be criminally liable, as well as the
the crime of treason, rebellion or insurrection, persons merely present in the said meeting.
sedition or assault upon a person in authority Under Article 146, first paragraph, last sentence –
or his agents it is provided that persons who are merely present at
ELEMENTS: the meeting shall be punished by Arresto Mayor,
1. There is a meeting, a unless they are armed, the penalty shall be Prision
gathering or group of Correcional, therefore, whether you are armed or
persons, whether in fixed not, you can be held criminally liable for illegal
place or moving assembly, it will only differ in the penalty.
2. The audience, whether o If you are armed - Prision Correcional
armed or not, is incited to o Not armed - Arresto Mayor (lower)
the commission of the
crime of treason, rebellion, ARTICLE147 – ILLEGAL ASSOCIATIONS
or insurrection, sedition or WHAT ARE ILLEGAL ASSOCIATIONS?
direct assault 1. Associations totally or partially organized for the
The said gathering of purpose of committing any of the crimes
men or men, may or punishable under the Code
may not be armed. It is 2. Associations totally or partially organized for some
not required that they purpose contrary to public morals
be armed. Provided In case of illegal associations, it is necessary that
that the audience there be a formation of a group, not merely a
where incited to meeting and in the said association, not only the
commit treason, members of the association should be penalized, but
rebellion, or also the founders, directors and president of the said
insurrection, sedition or association or organization should be held criminally
assault upon a person liable.
in authority or his
agents) ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
the purpose of the
the purpose will always be
In case of illegal assembly, it is only necessary that association may be for
a violation under the RPC.
there be a meeting, the meeting must be attended purpose of committing crimes
Even under the second
by armed persons, under the first mode. In here, violating the RPC or even in
mode – inciting to commit
when it says “armed persons”, it is not required that violation of special penal
treason, rebellion, or
all those persons present in the meeting must be laws, provided that it is in
insurrection, sedition or
with arms. It suffices that one, two or more, or some violation of special penal law,
assault upon a person in
of them would be with arms. it must be against public
authority or his agents
When we say “arms,” it does not only mean firearms, morals
it refers to any things, knives, stones, anything which Necessary that there is an
Not necessary that there be
can cause violence or injury to another person. actual meeting or
It is necessary however, that the purpose of the an actual meeting
assembly
meeting is unlawful – that is to commit any of the Meeting and the Act of forming or organizing
crimes punishable under the RPC. attendance at such and membership in the
Under the second mode of committing illegal meeting are the acts association are the acts
assembly, again there is a meeting, and there is no punished punished
requisite that those in attendance must be armed,
therefore, they may or may not be with arms. But it is ILLUSTRATION:
requires for the crime to arise that the audience Q: So what if A, B and C gathered 20 persons and
must be incited to commit treason, rebellion, or proposed to them the idea of committing simultaneous
insurrection, sedition or assault upon a person in bank robbery all over Metro Manila, so they will commit
authority or his agents. Otherwise, the crime will not robbery in 4 banks simultaneously. So these 20 men
arise. agreed to the said commission of bank robbery, and after
they have come to the agreement, here comes the police,
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
robbery all over Metro Manila. After their agreement here their meeting. In the said meeting, they elected their would-
comes the police officers, the police officers arrested them. be president, vice president, treasurer, etc. So they formed
Of what crime or crimes may the police officer file against an organization, an association and they said that at the
them? end of the month, they would meet and define ways and
A:They should be charged of illegal assembly means to propagate jueteng. The police officers arrived
under the first act. They have the gathering of and they were all arrested. But they are not with arms, it is
men and their purpose is to commit a crime not mentioned that any of them were with arms.
punishable under the RPC which is robbery and it A:The crime committed is illegal association
is attended by armed persons, even if only 10 under Article 147. It is an association totally and
were with arms, still it is considered as illegal partially organized for some purpose contrary to
assembly. Because the law does not require a public morals. Jueteng is in violation of PD 1602,
number as to the persons who should be armed. illegal gambling as amended and it is against
So, all of them should be held criminally liable. public morals because it has not yet been
A, B and C, as leaders or organizers of the said legalized by law.
meeting, are liable for illegal assembly. Those
persons who are armed, the penalty is higher than ARTICLE148 – DIRECT ASSAULT
those who are not armed. Prision Correcional – if The two forms in committing the crime of direct assault
they are armed under Article 148 are:
Arresto Mayor – if they are not armed I. Without public uprising, by employing FORCE or
INTIMIDATION for the attainment of any of the
purposes enumerated defining the crimes of 2. AIM of the offender is to attain any of the
rebellion and sedition. purposes of the crime of rebellion or any
The intention of the offender is to commit of the objects of the crime of sedition
any of the purposes of rebellion or sedition. 3. There is no public uprising
PURPOSES OF REBELLION:
1. To remove from the allegiance to the II. Without public uprising, by ATTACKING, by
Government or its laws: EMPLOYING FORCE, or by SERIOUSLY
(a) the territory of the INTIMIDATING or SERIOUSLY RESISTING any
Philippines or any part person in authority or any of his agents, while in
thereof; or the performance of official duties, or on the
(b) any body of land, naval, or occasion of such performance.
other armed forces; or Most popular form of direct assault
2. To deprive the Chief Executive or ELEMENTS:
Congress, wholly or partially, of any of 1. The offender
their powers or prerogatives. a. Makes an attack,
PURPOSES OF SEDITION: b. Employs force,
1. To PREVENT the promulgation or c. Makes a serious intimidation, or
execution of any law or the holding d. Makes a serious resistance
of any popular election; If the offended party is a
2. To PREVENT the National person in authority, the
Government, or any provincial or attack or the employment of
municipal government or any public force need not be serious
officer thereof from freely exercising because under Article 148, the
its or his functions, or PREVENT the mere act of laying of hands in
execution of any administrative the person in authority is
order; already qualified direct assault.
3. To INFLICT any act of hate or Therefore, the mere act of
revenge upon the person or property pushing a person in authority is
of any public officer or employee; already qualified direct assault
4. To COMMIT, for any political or because the offender already
social end, any act of hate or laid hands upon a person in
revenge against private persons or authority. Hence, it need not be
any social class; serious. However, if the
5. To DESPOIL, for any political or offended party is a mere
social end, any person, municipality, agent of a person in
province, or the National authority, it is necessary that
Government of all its property or any the employment of force must
part thereof be serious. The reason is that
NOTE: The law says that there is no in order to show defiance of
public uprising, therefore whenever there law against a mere agent of
is actual commission of rebellion or person in authority, it is
sedition, direct assault can never be necessary that the attack or
committed because the element of direct force employed must be
assault in whatever form is that there be serious in nature.
no public uprising, on the other hand, a If what has been done is
necessary element in the crime of intimidation or resistance, to
sedition or rebellion is there be public amount to direct assault, it
uprising. must always be serious
whether the offended party is a
ELEMENTS: person in authority or a mere
1. The offender employs force or agent of a person in authority.
intimidation
otherwise, he cannot be said that he 1. It is only a light felony. Under Article 48, you
defied the law, he defied the authority. In can only complex two or more grave or less
the first place, he didn’t know that the grave felonies but not a light felony.
person he is attacking is a person in 2. Slight physical injury or light felony is
authority or an agent of a person in already absorbed in direct assault because
authority. whenever you assault somebody, definitely,
somehow, any injury would happen to him.
5. The fifth element requires that there be That is why it is already absorbed in direct
no public uprising. assault.
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. 3. Offender makes use of force or intimidation
The court interpreter, the person nearest to the judge, upon such person coming to the aid of the
came to the aid of the judge. This angered the accused. agent.
The accused got mad at the court interpreter and he boxed
the court interpreter as well. Thereafter the security guards Q: What if a police officer was manning the traffic and it
arrived and took away the said accused. The judge was a heavy traffic so the vehicles were stuck. What if one
suffered serious physical injuries whereas the court of the owners of the vehicles got mad at the police officer
interpreter suffered slight physical injuries. What crime or and he went straight to the police officer, who at the time
crimes is/are committed by the accused, first against the has no pistol, and boxed the police officer. While he was
judge, and second against the court interpreter? boxing a police officer a pedestrian saw the incident .the
A: As against the judge, the accused is liable pedestrian came to the aid of the police officer. This
of the crime of QUALIFIED DIRECT ASSAULT angered the owner of the vehicle so he, too, boxed the said
WITH SERIOUS PHYSICAL INJURIES. The pedestrian. The said pedestrian suffered slight physical
judge is a person in authority under Article 152. injuries while the police officer suffered less serious
He was engaged in the performance of his official physical injuries. What crime or crimes is/are committed by
duty at the time of the assault therefore the crime the said owner of the vehicle against:
committed is direct assault. It has a resulting a. The police officer
felony, serious physical injuries; therefore it should b. The pedestrian?
be direct assault with serious physical injuries.
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
of a person in authority; as such, the crime SUBCOMMITTTES, BY THE CONSTITUTIONAL
committed is INDIRECT ASSAULT. When the COMMISSIONS, ITS COMMITTEES, SUBCOMITTEES
pedestrian came to the aid of the police officer, OR DIVISIONS
force and intimidation were employed against him Acts Punished:
so the crime committed by the owner of the I. By refusing, without legal excuse, to obey
vehicle against the pedestrian is indirect assault. summons issued by the Congress or any of
Are you going to complex it to the crime of its extensions or any of its standing
slight physical injuries? committees or subcommittees, by the
No, because it is absorbed and it is Constitutional Commissions, its committees,
only a light felony. subcommittees or any other body which has
the power to issue summons.
Under Article 149, INDIRECT ASSAULT is committed if a Under the first act, for the crime to arise,
person in authority or an agent of a person in authority it is necessary that the offender’s refusal
is the victim of direct assault. Any person who came to to obey the summons is without any
his aid and that person was employed with force or legal excuse. If there is a valid reason, a
intimidation by the offender. legal excuse, why the offender didn’t
Why is it in the given problem, when the person under attend the said committee hearing of the
attacked is a person in authority and when someone congress or why he failed to comply
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.
disobedience is committed when an agent of a
person in authority is engaged in the performance ARTICLE152 – PERSONS IN AUTHORITHY AND
of official duty or gives a lawful order to the AGENTS OF PERSONS IN AUTHORITY
offender, that the offender disobeys and such Q: Who are persons in authority?
disobedience is not of serious nature. In the A: The following are the persons in authority:
problem, it was the police officer, an agent of a 1. Municipal Mayors
person in authority, who gave the order to Mang 2. Division Superintendent of schools
Pedro and Mang Pedro disobeyed him but such 3. Public and private school teachers
disobedience was not serious in nature because 4. Teacher-nurse
he merely sat nearby the canal; therefore there 5. President of the sanitary division
was no showing that such disobedience is serious 6. Provincial Fiscal
in nature so the crime committed is simple 7. Judges
disobedience. 8. Lawyers in actual performance of
duties
Q: Is there direct assault with robbery? Let’s say that the 9. Sangguniang Bayan member
city mayor was assaulted and thereafter he took the watch 10. Barangay Chairman
of the mayor.
A: No, there is no such crime. The crime Q: Who is an agent of a person in authority?
committed is not direct assault with robbery. It is A: Those who are in charged with:
ARTICLE153 – TUMULTS AND OTHER DISTURBANCES But in burying with pomp the body of
*Offender must be a participant. 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 WORSHIP
act of displaying placards or
emblems must be an unconscious Articles 131 and 132 can only be committed by a
outburst of emotion. It must not be Public Officer. It cannot be committed by a private
intentionally calculated to incite individual whereas under Art 153, it can be
people to rebel or to commit sedition committed both by a Public Officer and a private
because otherwise, the crime would individual.
be inciting to rebellion or inciting to
sedition. What if the offender is a public officer and he disturbs
a peaceful meeting. How would you distinguish if it is a
V. Burying with pomp the body of a person who violation of Art 153 or a violation of Art 131?
has been legally executed.
When you say legally executed; it First, In Art 131, the public officer must not be a
means that the said person has participant in the meeting that he disturb or
committed a heinous crime. The interrupted. He must be an outsider, a stranger in
penalty prescribed by law is death the said meeting. On the other hand, in Art 153,
and so he was killed by means of the said Public Officer must be a participant, one
lethal injection but at present in attendance in the said meeting.
because of Republic Act No. 9346,
Second, in Art 131, the mere intention of the the streets, uprise, rebel against the government, to
public officer is to prevent a person from freely overthrow the government. What crime was committed?
exercising his freedom of speech and expression A:The crime committed was inciting to
whereas in Art 153, the intention of the offender is rebellion.
to disturb public peace and tranquility.
Q: What if, he was among the participants. The head of the
ILLUSTRATION: meeting, the Public Officer was discussing about the
Q: What if since RH Bill was enacted into law, there was a increase of fares of the MRT and LRT. This person could
huge rally at the EDSA Shrine which was initiated by the no longer control his emotions. Suddenly he stood up and
members of the CBCP. They were against this law and he said: “buwisit na gobyerno na ito naiinis na ako. Dapat
they encouraged the people to file a case before the na tayong mag rebelled sa gobyerno walang ginawa kundi
Supreme Court questioning the constitutionality of the said increase ng taxes”. They go and rebel against the
law. At first, the head of the CBCP spoke then after him government. What crime 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 UTTERANCES
President. This Police Officer was indebted to the President Acts 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.
said person prevented him in exercising such NOTE that in the third act there is
freedom of Speech and expression therefore the the word Malicious. The offender
Police Officer is liable under Art 131 and not under must maliciously publish or cause to
Art 153. be published any official resolution. If
the publication of the official
For him to be liable under Art 153, let’s say that he resolution without official authority or
is a public officer, he is a participant in the said the publication was not done
meeting and while participating in the said maliciously, there was no intent to
meeting, he interrupted the said meeting in order cause damage, it was not done
for him to cause a disturbance of the said maliciously. Art 154 is not violated. It
meeting. The crime is Art 153. is necessary that the said publication
must be done maliciously under the
Q: There was this peaceful gathering, let’s say a public third act.
meeting, a peaceful meeting about the increase of fares of IV. By printing, publishing or distributing (or
the MRT and the LRT. One of the participants therein, one causing the same) books, pamphlets,
of the persons therein went to the platform and took the mic periodicals, or leaflets which do not bear the
and then he incite the people, induced the people to go to real printer’s name or which are classified as
anonymous.
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 ARTICLE157 – EVASION OF SERVICE OF SENTENCE
be qualified because he gave bribe money (Art 157)
inorder to help in the escape of his friend. He ELEMENTS:
will not be liable for another crime of 1. That the offender is a convict by final judgment.
corruption of public official because the giving 2. That he is serving his sentence which consists in
of bribe is considered clearly as a qualifying deprivation of liberty.
or as an aggravating circumstance in 3. That he evades the service of his sentence by
delivering prisoners from jail. escaping during the term of his sentence.
The jail warden custodian who received the Evasion of service of sentence can only be committed
bribed money and allowed A’s escape is by a person convicted by final judgment. It cannot be
liable under Art 223 infidelity in the committed by a mere detention prisoner.
custody of prisoners. Aside from that, he is
not applicable now. 2/5 credit is to be applied conditional pardon is a substantive offense
now) 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 in order 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:
Is violation of conditional pardon a substantive I. Forging the Great Seal of the Government of the
offense or not? Philippines.
It depends. If you will look at Art 159, there II. Forging the signature of the President.
are 2 situations. Under Art 159, if the penalty III. Forging the stamp of the President.
remitted by the grant of pardon does not
exceed 6yrs, the moment he violates any of Art 161 punishes the person who forges the great seal
the conditional pardon, there is a new penalty of the Philippines, signature of the chief executive and
imposed upon him that is prision correccional forging the stamp of the chief executive.
minimum 6 months and 1 day to 2 years and
4 months. A new penalty is imposed on him Art 161 is the crime when the person is the one who
therefore in this case, violation of the committed the forgery, but if the offender is not the one
who forges the great seal, signature but he knows that he shall circulate the false coins because
the document contain a forge stamp, signature of the there is a third act of uttering false coins.
President and despite such knowledge that it was a
forgery he makes use of the same, liability is under C. Uttering false coins is committed by any
162. person who shall circulate, give away to
another, pass from one person to another any
ARTICLE162 – USING FORGED SIGNATURE OR counterfeited or false coins.
COUNTERFEIT SEAL OR STAMP (Art 162)
ELEMENTS: In case of counterfeited or imitated false coins, it is not
1. That the Great Seal of the Republic was necessary that the coins be the subject of
counterfeited or the signature or stamp of the counterfeiting must be of legal tender. Even if the coin
Chief Executive was forged by another person. is not a gold coin, if the offender copies or imitates or
2. That the offender knew of the counterfeiting or counterfeits the peculiar design of the said coin; he
forgery. becomes liable under Art 163.
3. That he used the counterfeit seal or forged
signature or stamp.
ILLUSTRATION:
Art 162 punishes the person who, despite knowledge Q: A is in possession of a coin which was of legal tender
of the forged signature, stamp or great seal of the during the time of Marcos in 1972. It was a proven genuine
Republic of the Philippines still he makes use of the coin. He copied the said coin and made a spurious one out
same document. of it. Is he liable under Art 163?
A: Yes he is liable for making and importing and
ILLUSTRATION: uttering false coins under Article 163.
Q: In an official document, the signature of the President
was forged by A then it was given to B. B knew that it was Q: What if while he was in possession of the said coin; he
a forgery nevertheless he made use of the same. What took out a part of the metal content of the said coin. Can he
crime was committed? be liable for Mutilation of coins under Art 164?
A:A committed a crime under 161. And B A:No, he cannot because in Art 164 or mutilation
committed a crime under 162. of coins, it is necessary that the coin subject of
mutilation must be of legal tender. It must be in
ARTICLE163 – MAKING AND IMPORTING AND present currency because otherwise, it cannot be
UTTERING FALSE COINS said that the public has been deceived.
ELEMENTS:
1. That there be false or counterfeited coins ARTICLE164 – MUTILATION OF COINS
2. That the offender either made, imported or uttered Acts punished:
such coins. I. Mutilating coins of the legal currency, with the
3. That in case of uttering such false or counterfeited further requirement that there be intent to damage
coins, he connived with the counterfeiters or or to defraud another.
importers II. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance
When is it committed? with the mutilator or importer in case of uttering.
A. Counterfeiting (imitation of false coins)
is committed by any person who shall imitate Mutilation is the act of taking off a part of the metal
a genuine and authentic coin making it content by filing it or substituting it for another metal of
appear that it is a true, genuine, and authentic inferior quality.
coin. The offender copies the peculiar design The offender gathers the metal dust that he has taken
of the coin and makes a spurious one out of off from the said coin.
it. While the offender took out a part of the metal coin, he
is in effect diminishing the intrinsic value of the said
B. Importing false coins is committed by coin therefore who would be given the said coin would
any person who shall bring into the Philippine be deceived of the this crime hence a crime in violation
ports any false and counterfeited coins. It is of public interest is committed.
not necessary for the offender to be liable that
ILLUSTRATION:
not have the knowledge that the said endorsement coming from the person named or
coins were counterfeited. specified therein. It is an instrument payable to the
order of a specific person or his order.
ARTICLE166 – FORGING TREASURY OR BANK NOTES e.g. Payable to the order of Charmaine.
OR OTHER DOCUMENTS PAYABLE TO BEARER; This cannot be transferred from one
IMPORTING, AND UTTERING SUCH FALSE OR person to another without an order
FORGED NOTES AND DOCUMENTS coming from Charmaine.
Acts punished:
I. Forging or falsification of treasury or bank ARTICLE169 – HOW FORGERY IS COMMITTED (Art
notes or other documents payable to bearer. 169)
II. Importation of such false or forged obligations 1. By giving to a treasury or bank note or any
or notes. instrument payable to bearer or to order
III. Uttering of such false or forged obligations or mentioned therein, the appearance of a true
notes in connivance with the forgers or and genuine document.
importers. 2. By erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
ARTICLE167 – COUNTERFEITING, IMPORTING, AND words, or sign contained therein.
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER
ELEMENTS: If what has been falsified is a coin; you call it
1. That there be an instrument payable to order counterfeiting.
or other document of credit not payable to If it is the stamp, seal or signature of the President;
bearer. you call it forging.
2. That the offender either forged, imported or If it is treasury or bank notes; it is considered as
uttered such instrument. forging.
3. That in case of uttering, he connived with the It is a document; you call it falsification.
forger or importer.
FALSIFICATION (ART 170, 171, 172)
ARTICLE168 – ILLEGAL POSSESSION AND USE OF In case of FALSIFICATION, to amount to falsification,
FALSE TREASURY OR BANK NOTES AND OTHER it is necessary that the writing that is falsified must be a
INSTRUMENTS OF CREDIT document in a legal sense of the word – capable of
ELEMENTS: making rights and/or extinguishing an obligation.
Therefore, it must be complete in itself so that it would
1. That any treasury or bank note or certificate be sufficient in evidence.
or other obligation and security payable to Falsification of mere forms does not amount to
bearer, or any instrument payable to order or falsification of a public document. Because the said
other document of credit not payable to form is not yet complete in itself – it has no name, no
bearer is forged or falsified by another address – an unfilled-out/up form. It is not falsification.
person.
ILLUSTRATION:
2. That the offender knows that any of those
Q: So what if A was found outside the building of the LTO
instruments is forged or falsified. office. He was carrying falsified unfilled-out/up forms of
3. That he performs any of these acts ---- driver’s license. It was distinct, it was falsified, it was not the
a. Using any of such forged or falsified real driver’s license form. He was arrested by the NBI. Can
instruments; or he be held liable for falsification of a public document?
b. Possessing with intent to use any of
such forged or falsified instruments. A: NO. Because what he is carrying is only an
unfilled-out form. It is not yet complete in itself. It is
not yet capable of creating rights or extinguishing
An instrument is payable to bearer when it can be an obligation. It is not yet susceptible of evidence
transferred by mere delivery. of the facts stated thereon.
e.g. Check payable to cash. Whoever is
in possession of the said check can Q: So what crime if any was committed by A?
come to the bank. It can be transferred
A: A merely committed violation of Article 176 –
by mere delivery.
that is mere possession of instrument or
implements for falsification, but not yet falsification
On the other hand a check is payable to order where of a public document.
it can be transferred by mere delivery when there is an
There 4 types of documents which may be falsified: intent to cause damage to the private offended party or
1. PUBLIC DOCUMENT – a document which is to any other party.
issued by a notary public or competent public If what has been falsified is a PUBLIC OR OFFICIAL
official with the solemnities required by law DOCUMENT, it is not necessary that there be damage
or intent to cause damage. Because a public
2. OFFICIAL DOCUMENT – a document issued by a document – an official document - is presumed
public official in the exercise of his official authentic and legal. It is presumed to be “prima facie
functions evidence” of the facts stated therein. As such, the
moment it is falsified, the crime will immediately arise,
3. COMMERCIAL DOCUMENT – any document without need that there be damage on the part of the
defined and regulated by the Code of Commerce offended party. Because in Falsification of a Public
or any other mercantile law Document, what has been violated is the
PERVERSION OF TRUTH being solemnly proclaimed
4. PRIVATE DOCUMENT – a document, a deed or by the said document. Hence DAMAGE IS NOT AN
instrument executed by a private person without ELEMENT.
the intervention of the notary public of any other
person legally authorized, by which document ARTICLE171 – FALSIFICATION BY PUBLIC OFFICER,
some disposition or agreement is proved, EMPLOYEE OR NOTARY OR ECCLESIASTICAL
evidenced or set forth MINISTER
The first kind of falsification under Article 171, we have
Is a public document distinct from an official the falsification committed by a public officer,
document?
employee or notary public or an ecclesiastical minister.
All official documents are considered as ELEMENTS:
public documents, but not all public 1. The offender is a public officer, employee, notary
documents are considered official public or an ecclesiastical minister.
documents. Before a public document may
be considered as an official document, it is 2. He takes advantage of his official position.
necessary that it shall be issued by a public The offender is said to have taken
officer in the exercise of his official functions. advantage of his position or office when:
There is a law that requires a public officer to a. He has the duty to make or prepare
issue the said public document, then it or to otherwise intervene in the
becomes an official document. preparation of the document; or
b. He has the official custody of the
A PRIVATE DOCUMENT, one which has been document which he falsifies
executed by a private person, if there is no intervention
of public official. 3. That the said offender falsifies a document by
committing any of the following modes stated
A PRIVATE DOCUMENT however, even though therein:
executed by a private person without the intervention a. By counterfeiting or imitating any
of a notary public or a legally authorized person, can handwriting, signature or rubric.
also become a public document. That is when the said b. Causing it to appear that persons
private document is submitted to the public officer and have participated in any act or
it becomes part of the public records. The moment the proceeding when they did not in fact
said private document becomes part of the public so participate.
records, it is now a public document and when it is c. Attributing to persons who have
issued and it is falsified, what is falsified is a public participated in an act or proceeding
document and no more a private document. statement other than those in fact
made by them
It is necessary to distinguish the kind of document that d. Making untruthful statements in a
is being falsified - whether it is a public, official, narration of facts
commercial or private because of the different effects. e. Altering true dates
f. Making any alteration or intercalation
If what has been falsified is a PUBLIC, OFFICIAL OR in a genuine document which
COMMERCIAL DOCUMENT, damage or intent to changes its meaning
cause damage to the offended party or to any other g. Issuing in authenticated form a
person is not an element. document purporting to be a copy of
any original document when no such
On the other hand, if what has been falsified is a original exists or including in such a
PRIVATE DOCUMENT, for the crime to arise, it is copy a statement contrary to or
necessary that there must be damage or at least, different from that of the genuine
original
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 ORIGINAL EXISTS
as to effect the integrity of the
OR INCLUDING IN SUCH A COPY A STATEMENT
document and that the offender does
CONTRARY TO OR DIFFERENT FROM THAT OF
so with the intent to injure or prejudice
THE GENUINE ORIGINAL
another person
2 ACTS PUNISHED:
1. The offender issued in an authenticated
It is necessary that the intention of the
form a document purporting to be an
intention of the offender must be to INJURE
authenticated copy of an original document,
ANOTHER PERSON.
but no such original exists
In case of making false statements in a
2. By including such copy a statement
narration of facts, it is necessary that the
contrary to or different from a genuine original
offender must have the legal obligation to
disclose the truth in the said narration of facts.
ILLUSTRATION:
Absence of such legal obligation, then it
Q: What if a notary public issued a deed of absolute sale
cannot be said that he is liable for
and he said that it is an original copy of a deed of absolute
falsification.
sale between A and B. A selling his property to B, but in
When you say legal obligation, there is a law
truth and in fact, no such deed of absolute sale was
which requires him to state nothing but the
executed between A and B. Is the notary public liable?
truth in the said document.
A: YES. He is liable under the first act of
falsification in the seventh act of the 3rd element in
Q: So what if the offender, a public officer, falsified the
Art. 171.
statement in his residence certificate or community tax
certificate. Although he stated his true name, he did not
Q: What if a civil registrar issued a certificate of live birth.
state his address, citizenship, etc. So makes false
So here comes A. A was asking that he should be given a
statement of facts in his residence certificate or community
certified copy of a certificate of live birth. In the said
tax certificate, otherwise known as cedula. So he was
certificate of live birth issued by the said civil registrar, there
charged with falsification. He contended that there is no law
was a statement that A was an illegitimate child, but in the
which requires him to state the truth in his residence
original copy of the certificate of live birth submitted to the
certificate. Is his contention correct?
office of the Office of the Civil Registrar, there was no such
A: His contention is wrong. According to a ruling in
statement. Is the civil registrar liable?
the Supreme Court, if it is a residence certificate
or community tax certificate, there need not be a
A: YES. He is liable under the second act of
law which requires a person to state the truth in
falsification in the seventh act of the 3rd element in
the said residence certificate, it is inherent in the
Art. 171. Because he included in the said copy a
kind of document. Since it is a residence
statement contrary to or different from that of a
certificate or cedula, it is inherent that in this
genuine original.
document, nothing but the truth must be stated –
no falsity. Because it requires identification.
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?
Articles 174 and 175 refer to the persons who shall be
I. Falsification of a public, official or commercial criminally liable in case of falsified document.
document by a private individual
So in case of FALSIFICATION OF A PUBLIC, ARTICLE174 – FALSE MEDICAL CERTIFICATES,
OFFICIAL OR COMMERCIAL DOCUMENT FALSE CERTIFICATES OF MERIT OR SERVICE, ETC
by a PRIVATE INDIVIDUAL, is just the same Under Art. 174, if the offender is a PHYSICIAN OR
as ARTICLE 171 – they only differ in that in SURGEON who issues a false medical certificate in
Art. 171, the offender is a public officer or the practice of his profession, he becomes liable under
employee. Art. 174.
In ARTICLE 172, yes, the document falsified Likewise, Art. 174 punishes a PUBLIC OFFICER who
is a public, official or commercial document, issues a false certificate of merit, service or good
but, the offender is a private individual even if conduct, moral character, etc.
the offender is a private individual, since the And, under Art. 174, ANY PRIVATE INDIVIDUAL who
document falsified is a public, official or falsifies a medical certificate or certificate of merit or
commercial document, DAMAGE OR INTENT service or good conduct shall be also criminally liable.
TO CAUSE DAMAGE IS NOT AN ELEMENT. The offender is the person who falsifies, issues the
false medical certificate or certificate or merit.
II. Falsification of private document by any If the offender is not the falsifier, but he knows that the
person said document is falsified and he makes use of the
The document falsified is a PRIVATE same, his liability is under Art. 175.
DOCUMENT. The offender is any person. He
can be a private individual, he can be a ARTICLE175 – USING FALSE CERTIFICATE
private officer or employee for as long as the Under Art. 175, the offender knows that the medical
document falsified is a private document, it certificate or certificate of merit has been falsified and
necessary that there must be damage caused despite that knowledge, he makes use of the same.
to a third person or at least the intention of
the offender is to CAUSE DAMAGE. ILLUSTRATION:
Absence of damage or intent to cause Q: So what if the defense counsel is about to present his
damage, then falsification of a private witness. The witness is a person who was present in the
document will not arise. scene of the crime who actually saw the incident – that is
according to the defense counsel. However, on the date of
III. Use of falsified document the said hearing, the said witness failed to appear, the
A document has been falsified and the defense counsel said to the judge: “Your Honor, my
offender uses the said document. witness is in the hospital, he cannot even get out of bed.
If the falsified document is used in a He is very, very sick.” The judge, however, was doubtful of
JUDICIAL PROCEEDING, again, DAMAGE the said manifestation of the defense counsel and so the
or INTENT TO CAUSE DAMAGE is NOT AN judge told the defense counsel: “Okay, let him appear in
ELEMENT because it is a judicial proceeding. the next hearing and make sure that he brings with him a
But if the said falsified document is used in medical certificate to show that indeed he can testify in this
any other transaction, this time, damage or hearing. With that, the defense counsel informed the
intent to cause damage is an ELEMENT. 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
ARTICLE173 – FALSIFICATION OF WIRELESS testify. However, in the next hearing, he is deemed
TELEGRAPH AND TELEPHONE MESSAGES required to produce a medical certificate showing that he
Punishable acts was bedridden. And so, he went to his medical doctor. He
I. Uttering fictitious, wireless, telegraph or asked the doctor to issue a medical certificate saying that
telephone message he was very, very sick and that he could not get out of bed
II. Falsifying wireless, telegraph or on the said date. The said doctor issued the said medical
telephone message certificate and then his witness appeared on the second
III. Using such falsified message hearing and presented him to the court. It was submitted to
the records of the court. What crime or crimes is/are
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 the practice of his profession. In usurpation of official functions, it is
On the other hand, the WITNESS, despite necessary that the act pertaining to a person
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.
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, in case of an alien.
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
wanted to be known by that name. There was no
ANTI-ALIAS LAW (C.A. No. 142, as amended) showing that henceforth, he wanted to be called
SO RELATED IN ARTICLE 178 IS C.A. 142 AS AMENDED by the said name therefore it cannot be said that
What is an alias? What does C.A. 142, as amended, Oscar Perez is an alias of the accused.
or the Anti-Alias Law provide?
According to the SC, an alias is a name or names PEOPLE v. ESTRADA
use intended to be used by a person publicly and In this case, the former president made use of the
habitually, usually in business transaction other name Jose Velarde in signing a trust account. So
than the name registered at birth for the first time he signed a trust account, using the name Jose
before the local civil registrar. Velarde and so he was charged with violation of
Under C.A. 142 as amended, except as CA 142 as amended.
pseudonym, in literary, cinema, television, radio Again, the SC said, the use by Erap of the name
and other entertainment purposes, and in athletic Jose Velarde in a single, isolated transcation,
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 A: He is not liable of Illegal use of insignia,
address. He divulged the name of his wife, uniform or dress under Article 179. Although he used the
the names of his children; therefore, it uniform of a prisoner, it is not an office held by the offender,
cannot be said that he has the intention to it is not also a class of persons. When you say a class of
conceal his true identity. In fact, his true persons of which he is a member, it refers to a dignified
identity can easily be verified just by going to class of persons. He is assuming that he belongs to the
the said address; therefore he is not also said class of persons. Here, he is even belittling himself
liable for concealing true name. because he was wearing a uniform of a prisoner. Hence, it
Is he liable under CA 142, as amended? cannot be said that he violated Article 179.
He is also not liable under CA 142, as
amended, because the use of the name Y in FALSE TESTIMONY (ART 180, 181, 182)
a single transaction, in a single isolated False testimony can either be false testimony in
transaction, without any showing that criminal cases (Articles 180 and 181), false
henceforth he wanted to be known as Y is
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
the victim said that the witness saw the said act of killing. defendant is prision correcional, arresto mayor,
The fiscal believed and the fiscal presented the said fine or he was acquitted. If he was acquitted, the
witness. The witness however was not present at the scene penalty to be imposed on the said person who
of the crime but in his testimony the witness said that he testified falsely is arresto mayor.
was present at the scene of the crime and that he actually So in this case, the penalty on the false witness is
saw the accused stabbing the victim to death. The always dependent on the penalty to be imposed
accused, A knew that the witness was testifying falsely by the court on the defendant; therefore, there
because he knew that at the scene of the crime, it was only must first be a final conviction by final judgment.
he and the victim who were present. After trial on the NOTE: if it is an acquittal, the case can be
merits, the judge, acquitted the said accused A. In other immediately filed because an acquittal is
words, the judge did not give weight to the testimony of the immediately executory. You cannot appeal an
false witness. Can A still file a case against the false acquittal. It is immediately executory.
witness?
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? falsely and the witness suborned does testify under the
A: He is liable of FALSIFICATION and not of circumstances rendering him guilty of perjury.
perjury because the person who received and NOTE: Subornation of perjury is not expressly penalized in
administered the oath is not a confidante officer RPC; but the direct induction of a person by another to
duly authorized to receive and administer the commit perjury may be punished under Article 183 in
oath. He was a mere janitor and not a notary relation to Article 7, meaning, the crime is plain perjury but
public. As such, the crime committed is the one inducing another will be liable as principal by
falsification. Again, the essence of perjury is the inducement and the one who testified as principal by direct
violation of the solemnity of the oath. participation.
II. MONOPOLY TO RESTRAIN FREE If the objects, which are the subject of this monopoly or
COMPETITION IN THE MARKET combination in restraint of trade or commerce are
This is committed by monopolizing any prime commodities such as food, motor fuel,
merchandise or object of trade or lubricants, it is not even necessary that there be
commerce or by combining with any conspiracy. A mere proposal, a mere intial step to
other person or persons in order to alter hoard, to prevent free competition in the market
the prices thereof by spreading false will already give rise to the crime.
rumors or making use of any other
artifice to restrain free competition in the ARTICLE187 – IMPORTATION AND DISPOSITION OF
market. FALSELY MARKED ARTICLES
III. MANUFACTURER, PRODUCER, OR Committed by any person who shall imports, sells or
PROCESSOR OR IMPORTER COMBINING, disposes any article or merchandise made of gold,
CONSPIRING OR AGREEING WITH ANY silver, other precious materials, or their alloys
PERSON TO MAKE TRANSACTIONS ELEMENTS:
PREJUDICIAL TO LAWFUL COMMERCE 1. The offender IMPORTS, SELLS or DISPOSES
OR TO INCREASE THE MARKET PRICE any article or merchandise made of gold,
OF MERCHANDISE silver, other precious materials, or their alloys
2. That the STAMPS, BRANDS, or MARKS of
The FIRST TWO ACTS under Article 186 can be those articles or merchandise FAIL TO
committed by any person and not necessarily by INDICATE the actual fitness or quality of said
manufacturers, producer or processors. The THIRD metals or alloys
ACT however, can be committed only by 3. The OFFENDER KNOWS that the stamps,
manufacturers, processors, producers and importers brands or marks fail to indicate the actual
who combined with any other person or persons in fitness or quality of the metals or alloys.
order to commit a transaction prejudicial to lawful
commerce or to increase the market price of any This is considered a criminal act because the offender,
merchandise or object of commerce despite knowing that the articles or merchandise that
he imported are misbranded, he still imports the same,
Whether it be the first, second or third act, the mere sells the same or disposes the same
conspiracy in order to restrain or to prevent free
competition will already give rise to the crime. It is not Mere importation is a punishable act; therefore it is not
necessary that there be actual restraint in trade or necessary for the offender to become liable under
commerce. Article 187 that he must have sold the misbranded
articles or that he must have disposed the article
ILLUSTRATION: because mere importationwill already give rise to
Q: What if Petron, Caltex and Shell connived, combined the crime.
and agreed with one another to hoard fuel. They know that
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
criminal action. First, it cannot be said that juridical
persons can act with intent. Second, you cannot
imprison a juridical person in case of conviction.
So if the offender is a juridical entity, who shall be
held liable?
The president, the directors or any of the
members of the said corporation, association
or partnership, who knowingly permitted and
allowed this combination or monopoly in
restraint of trade or commerce. Note that they
must have knowingly permitted the same
otherwise, they cannot be held criminally
liable.
grave scandal is a crime of last resort. You only longer be prosecuted. Only prostitutes who
charge it when the crime committed does not are woman.
constitute any other violation in the RPC.
TITLE SEVEN
ARTICLE201 – IMMORAL DOCTRINES, OBSCENE CRIMES COMMITTED BY PUBLIC OFFICERS (Articles
PUBLICATIONS AND EXHIBITIONS, AND INDECENT
203 – 245)
SHOWS
Punishes:
I. Public proclamations of doctrines openly contrary ARTICLE203 – PUBLIC OFFICERS
to public morals REQUISITES TO BE A PUBLIC OFFICER:
II. Publication of obscene literature. In case of 1. One must be taking part in the performance of
publication of obscene literature, it is the author, public functions in the Government or one
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.
III. The third act punished is the exhibition of indecent employee, agent or subordinate official, of any
shows, plays, scenes or acts in fairs, theaters, rank or class; and
cinemas or any other places. 2. That his authority to take part in the
IV. Selling, giving away or exhibiting films,, performance of public functions or to perform
engravings, sculptures or literature which are public duties must be –
offensive to public morals. a. by direct provision of the law; or
b. by popular election; or
ILLUSTRATION:
Q: So what if there is this building, when the person c. by appointment by competent authority
entered the said building, on the floor of the said building
were these magazines. And the magazines contain men Whenever a person applies to a public office, he has the
and women engaging in sexual intercourse, naked women so-called, OATH OF OFFICE. If he is high-ranking official,
and men, and other obscene materials. Who shall be held the oath is also before a high-ranking official. If he is a
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
publishing such literature and the owner or Supreme Court Chief Justice. If he is only an ordinary
proprietor of the establishment where the said employee, still he has oath of office. It is a document which
magazines were being sold. They will be held is entitled, “OATH OF OFFICE”, he merely signs it.
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-
can look for work but he does not want to work. So he was MISFEASANCE MALFEASANCE
FEASANCE
just roaming around and he saw houses of prostitutes or
houses of ill-fames and he is always in this places. Can he A public officer A public officer
be held liable for vagrancy? performs an knowingly,
A public officer
A:NO, because vagrancy has been official acts in a willfully refuses
performs in his
decriminalized by R.A. No. 10158 which was manner not in or refrains from
public office an act
approved on March 27, 2012. We no longer have accordance with doing an act
prohibited by law.
the crime of vagrancy. No person can longer be what the law which is his
prosecuted for being a vagrant. provides official duty to
do.
(GN: Performance
How about prostitution? Is there still a crime (GN: Improper
of some act which
for prostitution? performance of (GN: Omission
ought not to be
YES. some act which of some act
done
might be lawfully which ought to
done) be performed)
Who is a prostitute? ARTICLE 210-
A prostitute is any woman who, for money or 211
profit, indulges in sexual intercourse or ARTICLE 204 ARTICLE
lascivious conduct. So it is the work or job of TO 207 208
a woman. Note that the law defines it to be a
woman therefore; a man cannot be ARTICLE204 – KNOWINGLY RENDERING UNJUST
considered a prostitute. Before, if a man JUDGMENT
engages in sexual intercourse or lascivious ELEMENTS:
conduct he can be punished under Article 202 1. The offender is a judge
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
does not cause the prosecution of the a. by any malicious breach of professional duty
criminal, or b. by inexcusable negligence or ignorance
b. knowing that a crime is about to be 2. Revealing any of the secrets of his client learned
committed, he tolerates its commission by him in his professional capacity
and the said offender acts with malice and 3. Undertaking the defense of the opposing party in
deliberate intent to favor the violator of the the same case, without the consent of his first
law client or after having received confidential
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
justifiable reason, failed to file his formal offer of exhibits.
OFFENDERS:
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
in behalf of the defense of his client was admitted by the
ATTORNEY OR SOLICITOR – REVELATION OF
SECRETS Court. Because only evidences offered may be admitted by
the court. And so, the judge convicted the accused, the
ACTS PUNISHED AS BETRAYAL OF TRUST
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 in connection with the performance of his
about to be committed. When a lawyer takes his official duties.
oath of office, he says, or he promise, he swears ELEMENTS:
1. The offender be a public officer within
that he shall be liable not only to the client, but
the scope of Article 203
also to the STATE, to the GOVERNMENT. 2. The offender accepts an offer or a
promise or receives a gift or present
It is his duty to the Government, to the State of by himself or through another.
any future crime that is about to be committed 3. That such offer or promise be
more than his duty to his client. Hence, in this accepted, or received by the public
case, since it refers to a future crime, for the officer with a view of committing
some crime.
protection of the state and the citizenry, it is
4. That the act which the offender
incumbent upon him to divulge, disclose or to agrees to perform or which he
reveal the said secrets. executes be connected with the
performance of his official duties.
Q: What if A filed a case against B, Atty. X was the counsel
of A, A failed to give Atty. X his appearance list for 5 II. By accepting a gift in consideration of the
consecutive hearings, no appearance list. So Atty. X, filed a execution of an act which does not
constitute a crime, in connection with the
motion to withdraw as counsel of A. The said motion to
performance of his official duty.
withdraw was with the CONSENT OF A, because without
the consent of A, the said motion to withdraw will not be ELEMENTS:
granted by the court. So the court granted and Atty. X is no 1. The offender be a public officer within
longer the counsel of A. When B learned about this, went the scope of Article 203
immediately to the office of X and secured the services of 2. The offender accepts an offer or a
promise or receives a gift or present
X. Atty. X signed a contract and he is now the counsel of B.
by himself or through another.
Is Atty. X liable for betrayal of trust by an attorney? 3. That such offer or promise be
A: Atty. X is liable for betrayal of trust by an accepted, or received by the public
attorney. He takes the case of B, the opposing officer in consideration of the
party, even after he has already taken the case execution of an act, which does not
of A and after he has acquired valuable constitute a crime, but the act must
information about his client. How can he prevent be unjust
4. That the act which the offender
himself from being convicted of the betrayal of
agrees to perform or which he
trust? executes be connected with the
He must first secure the consent of the performance of his official duties.
said first client
- In the said problem, there was no consent. The III. By agreeing to refrain, or by refraining,
said consent was only in the motion to withdraw. from doing something which it is his
The said consent in the motion to withdraw is not official duty to do, in consideration of gift
the consent on the acceptance of the case. For or promise.
every motion to withdraw, there must be a ELEMENTS:
consent written, otherwise the court will not grant 1. The offender be a public officer within
the motion to withdraw. The consent here is to the scope of Article 203
secure or to accept the service s of the other 2. The offender accepts an offer or a
party. promise or receives a gift or present
- Since consent was not given, he is liable for by himself or through another.
betrayal of trust by an attorney. 3. That such offer or promise be
Just remember aside from betrayal of accepted, or received by the public
trust, an attorney or solicitor can also be officer to refrain from doing
held liable of administrative case. So something which it is his official duty
there may be disbarment. to do so.
He can be disbarred or he can be 4. That the act which the offender
suspended by reason of committing any agrees to perform or which he
of these acts. executes be connected with the
performance of his official duties.
ARTICLE210 – DIRECT BRIBERY
ACTS PUNISHABLE: Under the First Act - By agreeing to perform or
I. By agreeing to perform, or by performing,
performing, in consideration of offer or promise, gift or
in consideration of any offer, promise, gift
or present – an act constituting a crime,
present any act constituting a crime in connection with crime/crimes is/are committed by the civil registrar and by
the performance of his official duties the mother?
- If the thing which the public officer is required to A: The civil registrar is liable for direct
do, is an act which will constitute a crime, a mere bribery because he agreed to perform an act
agreement to do so, will already give rise to constituting a crime in consideration of a promise
direct bribery. It is not necessary that he actually
that the 2 months salary will be given to him. The
commits the crime, it is not necessary that he
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 document.
duty to do, a mere agreement to refrain to do an Without the said bribe, the mother would not
act will already give rise to direct bribery. It is not have committed falsification, so are you going to
necessary to refrain from doing an act, it is not
complex them? because direct bribery is a
necessary to receive the said gift.
necessary means to commit falsification.
However, if the thing that a public officer is Even if in reality, they should be complex
because direct bribery is a necessary
required to do, does not constitute a crime, under the
means to commit falsification, you cannot
Second Act, mere agreement will not suffice. There complex them because ARTICLE 210
must be actual acceptance of the thing. There must be PROHIBITS SUCH COMPLEXITY OF
acceptance of the gift, in consideration of the execution 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, ADDITION TO THE LIABILITY FOR THE
but he doesn’t want to do it without the bribe first CRIME COMMITTED. Here, he actually altered,
to be given to him. So it is only upon actually committed the crime, therefore his
ACCEPTANCE OF THE BRIBE that criminal
liability for falsification is in addition for his
liability for direct bribery will arise.
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
ARTICLE211 – INDIRECT BRIBERY 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 is a public officer him and shot him 5 times, and killing him instantly. Then,
2. That he accepts gifts the said man rode a motorcycle and left. The police officer
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
prove beyond reasonable doubt that there other person, in connection with any contract or transaction
was overpricing. Because the walis-tingting between the Government and any other part, wherein the
bought by Joey Marquez was very much public officer in his official capacity has to intervene under
the law.
different from the walis-tingting bought by the
COA officials. They were not able to prove Note:
beyond reasonable doubt that there was the lack of demand is immaterial, the law uses the
overpricing because of the difference in word OR between requesting and receiving.
specifications. There must be clear intention on the part of the public
officer and consider it as his or her own property from
In both cases, there was NO PUBLIC BIDDING. then on. Mere physical receipt unaccompanied by
any other sign, circumstance or act to show
acceptance is not sufficient to lead the court to
Will the mere lack of public bidding bring about a
conclude that the crime has been committed
violation of Section 3 (g) of RA 3019? Refers to a public officer whose official intervention is
The Supreme Court said that mere lack of required by law in a contract or transaction
public bidding may mean that the government
was not able to get the best price for the thing
purchased. However, it does not bring (c) Directly or indirectly requesting or receiving any gift,
about a violation of Section 3 (g) because present or other pecuniary or material benefit, for himself or
what Section 3 (g) requires is the transaction for another, from any person for whom the public officer, in
must be manifestly and grossly any manner or capacity, has secured or obtained, or will
secure or obtain, any Government permit or license, in
disadvantageous to the government and
consideration for the help given or to be given, without
mere lack of public bidding will not show such prejudice to Section thirteen of this Act.
gross and manifest disadvantage.
(d) Accepting or having any member of his family accept
SECTION 4 – PROHIBITION ON PRIVATE INDIVIDUALS employment in a private enterprise which has pending
Under Section 4, it is unlawful for any private official business with him during the pendency thereof or
individual who has a close personal relation within one year after its termination.
to any public officer to request, ask or receive
present from any person in any case from (e) Causing any undue injury to any party, including the
which the said public officer has to control. Government, or giving any private party any unwarranted
Close personal relation does not only benefits, advantage or preference in the discharge of his
include family members. It also includes those official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable
who have social and fraternal relations; negligence. This provision shall apply to officers and
therefore even a private individual who is not employees of offices or government corporations charged
in conspiracy of a public officer can be held with the grant of licenses or permits or other concessions.
liable under RA 3019.
Not only public officers but also private (f) Neglecting or refusing, after due demand or request,
individuals can be held liable under RA 3019. without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of
Enumerated corrupt practices of Public Officials obtaining, directly or indirectly, from any person interested
(a) Persuading, inducing or influencing another public in the matter some pecuniary or material benefit or
officer to perform an act constituting a violation of rules and advantage, or for the purpose of favoring his own interest
regulations duly promulgated by competent authority or an or giving undue advantage in favor of or discriminating
offense in connection with the official duties of the latter, or against any other interested party.
allowing himself to be persuaded, induced, or influenced to
commit such violation or offense. (g) Entering, on behalf of the Government, into any contract
or transaction manifestly and grossly disadvantageous to
Persons liable: the same, whether or not the public officer profited or will
1. Public officer who persuades, induces, or profit thereby.
influences another public officer;
2. Public officer who is persuaded induced or (h) Director or indirectly having financing or pecuniary
influenced interest in any business, contract or transaction in
Note: requesting or receiving any gift, present, or benefit is connection with which he intervenes or takes part in his
not required in this provision. official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(b) Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for any
(i) Directly or indirectly becoming interested, for personal When is there a prima facie presumption of graft and
gain, or having a material interest in any transaction or act corrupt practices?
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
participate in the action of the board, committee, panel or found to have in his possession money or
group. property, whether in his name or in that name of
another person, which is manifestly out of
Interest for personal gain shall be presumed against those proportion from his lawful income. There arises a
public officers responsible for the approval of manifestly prima facie presumption of graft and corrupt
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
character, acquired by his office or by him on account of his public officer is of salary grade 27 and above, it
official position to unauthorized persons, or releasing such must be before the Sandiganbayan. If the public
information in advance of its authorized release date. officer is below salary grade 27, it must be before
the RTC.
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?
office and then the years thereafter on or before A: Preventive suspension is mandatory but it
the 30th day of April and then if you got separated is not automatic. There must first be a pre-
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
Torture refers to: (9) Dental torture or the forced extraction of the
1. an act by which severe pain or suffering, whether teeth;
physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from (10) Pulling out of fingernails;
him/her or a third person information or a
confession;
2. punishing him/her for an act he/she or a third (11) Harmful exposure to the elements such as
person has committed or is suspected of having sunlight and extreme cold;
committed;
3. or intimidating or coercing him/her or a third (12) The use of plastic bag and other materials
person; placed over the head to the point of asphyxiation;
4. or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or
(13) The use of psychoactive drugs to change the
at the instigation of or with the consent or
perception, memory. alertness or will of a person,
acquiescence of a person in authority or agent of
such as:
a person in authority.
It does not include pain or Buffering arising only from, (i) The administration or drugs to induce
inherent in or incidental to lawful sanctions. confession and/or reduce mental competency; or
(7) Maltreating a member/s of a person's family; Any superior military, police or law enforcement officer or
senior government official who issued an order to any lower
(8) Causing the torture sessions to be witnessed ranking personnel to commit torture for whatever purpose
by the person's family, relatives or any third party; shall be held equally liable as principals.
(9) Denial of sleep/rest; The immediate commanding officer of the unit concerned of
the AFP or the immediate senior public official of the PNP
and other law enforcement agencies shall be held liable as
(10) Shame infliction such as stripping the person a principal to the crime of torture or other cruel or inhuman
naked, parading him/her in public places, shaving and degrading treatment or punishment for any act or
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
(12) Other analogous acts of mental/psychological committed by his/her subordinates or by others within
torture. his/her area of responsibility and, despite such knowledge,
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
report and/or resolution shall be completed and made (a) By themselves profiting from or assisting the
available. An appeal whenever available shall be resolved offender to profit from the effects of the act of
within the same period prescribed herein, torture or other cruel, inhuman and degrading
treatment or punishment;
has the obligation to account these to the If all of these are present, the Supreme Court says
Government. that there arises the prima facie presumption that there is
malversation of public funds or property. Therefore, there
Punishable acts: may NOT be direct evidence to convict one for
1. Appropriating public funds or property malversation of public funds or property. Obviously, there
2. Taking or misappropriating the same cannot be any witness, because when you say direct
3. Consenting, through abandonment or negligence, evidence, there is a witness. Of course, he would not let
permitting any other person to take such public funds anyone see him malversing the funds. It suffices in the
or property audit, these three things were discovered. If these three are
4. Being otherwise guilty of the misappropriation or discovered, then there arises the prima facie presumption
malversation of such funds or property that there is a so-called MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
Malversation of Public Funds and Property can be
committed either through a positive act, that is, that the ILLUSTRATION:
said public officer is the one who misappropriates, takes or Q: What if a man was walking, in the middle of the night, a
appropriates the public funds and property, OR, through a police officer who was conducting a patrol saw something
passive act, that is, through his abandonment or bulging on his waist. The police officer stopped him and
negligence, he permitted others to misappropriate the frisked him and there, they saw a firearm. They ask for the
same. license, the said man could not produce the license for the
said firearm. He was arrested for illegal possession of
- Malversation can be committed either through a unlicensed firearm, and the firearm was confiscated. During
positive act, which is through deliberate intent or the trials of the case, the fiscal move for subpoena for the
through dolo. He is the one who appropriates or custodian of the said firearm. The custodian appeared but
misappropriates, who took the the said public funds failed to bring the firearm. He had already sold the said
or property firearm confiscated. What crime is committed by the said
- Passive Act which is through his abandonment or custodian?
negligence, or cupla. he allowed others to A: He is liable for Malversation under Article 217.
appropriate or misappropriate the said public funds
or property Q: His contention was, it cannot be malversation, because
the firearm was owned by a private person. It is not a public
When is there prima facie presumption of malversation? property, therefore I cannot be held liable for malversation.
- Under Article 217, there arises prima facie Is the contention correct?
presumption of malversation of public funds or A: His contention is wrong. The said firearm
property when demand is made by a duly has already been confiscated by public
authorized officer to an accountable public officer authority, therefore it is now deemed,
to account for public funds or property, and the CUSTODIA LEGIS. The moment it is in
same is not forthcoming custodialegis, it loses its character as a private
property and it now assumes a character of a
ILLUSTRATION: public property. Hence the crime committed is
So the COA auditor, appeared and conducted an Malversation.
audit He demanded for the said amount, the said
accountable public officer cannot reduce the said amount. Q: What if, there was this collecting officer, a cashier, and
There arises the prima facie presumption that he has there were many persons paying. And the long line persons
malverse the said public funds or property. Although that is paying, one cashier said that he needed to answer the call
what is written under Article 217, last paragraph. The of nature, and so he asked another fellow cashier to look
Supreme Court in the number of cases said: after his drawer, and so, he left and went to the restroom.
“Mere shortage in audit will not suffice. For the Prima But he also left the key of his drawing on the key holder.
facie presumption to arise the following requisites And so, the moment he left, his fellow cashier went to his
must be present: - It is necessary that there must be drawer and opened it and took Php 2000 from the
complete, thorough and reliable audit. collection of A on the same day. Then A arrived, and he
- In the said complete, thorough and reliable audit, then accepted collections. In the afternoon, there was a
the following were discovered: surprise audit coming from the COA. and it was discovered
a. The public officer indeed receive the public that based on the receipts, The php 2000 were missing
funds or property. That is, he is an from the collection of A. Therefore, A was charged. What
accountable public officer crime if any, has been committed by A? Is A liable for
b. The said public funds and property was malversation?
missing, or there was a shortage, or he
cannot produce it, and A: Yes, he is liable for malversation through
c. The said public officer cannot give a negligence. That is the passive act. That is
justifiable reason, a legal excuse for the said through his abandonment or negligence, he
shortage or missing of public funds or permitted another person, Cashier B to
property.” misappropriate a part of his collection for the day.
Hence A is also liable for Malversation. Not B, but
A, the one who went to the restroom, because he A: Yes, he is liable of Malversation of public
is the one accountable for the said public funds in funds or property under Article 217 through
his drawer. Negligence. There was inexcusable negligence
on his part said the Supreme Court, because all
That other person, B, who took the said property by himself, carried the millions worth of dangerous
is liable for qualified theft. because he was drugs in the PDEA van, considering the value of
entrusted with the same funds, and he took the the said dangerous drugs, he should have asked
same funds. for back up. Yes, he survived, but he was charged
with Malversation of public funds or property
Q: What if, in the same problem, after the COA auditor through CULPA.
found out that Php 2000 was missing, A was charged with
Malversation of public funds and property through dolo. So, Q: What if, there is a public officer whose office is in pasay.
in the information, it was stated that he is the one who He is going to have a meeting in Caloocan. And so he went
misappropriate, appropriates or has taken the said public to Caloocan in one afternoon and attended the said
funds, and so he was charged with Malversation through meeting. He had to go to pasay in order to make a report,
dolo, through deliberate intent. That was the case filed However, the traffic was heavy, so instead of using his car
against him because they did not know that it was B who on the way back, he rode the LRT. Upon reaching the
took the money. So, the presumption is that, he is the one office, he realized that his bag was opened, and the
who took the money, who appropriated it. During the trial cellphone which was __5:17___ by the Government was
of the merits, during the presentation of the defense already gone. By reason thereof, he was charged with
evidence, when it was already A’s term to testify, it was Malversation under Article 217 because through his
divulged or disclosed to the court that it was in fact another negligence, the cellphone which was ____ to him by the
cashier, B who misappropriated the said funds through the Government and for which he is accountable to the
negligence of A. And by reason of this evidence presented Government was now missing. It was taken or stolen by
in court, the said judge, convicted A of Malversation somebody. Is he liable? He was convicted by the
through culpa, in an information of malversation through SandiganBayan but when it came to the Supreme Court,
dolo. Is the judge correct? can he convict A? the Supreme Court acquitted him.
A: Yes, the judge is correct. The reason is that,
according to the Supreme Court, whether A: According to the Supreme Court, there was no
Malversation is committed through deliberate negligence on the part of the said public officer.
intent or culpa, DOLO and CULPA are merely He cannot be faulted for having taken the LRT
modalities of committing the crime. Nevertheless, because of the said heavy traffic. It cannot be said
it is still malversation, and if you look at Article that there was negligence on his part in placing
217, whether malversation is committed through the cellphone inside his bag, because, where else
deliberate intent or through negligence, they just would you place a cellphone but inside the bag for
have one and the same penalties. Further, the safekeeping. It would have been different while on
Supreme Court said, Malversation through board, he was using the said cellphone. Hence,
negligence or culpa is NECESSARILY INCLUDED the Supreme Court said, there was no negligence
in Malversation through deliberate intent or dolo. and therefore, although convicted by the
Hence, even if the information is Malversation SandiganBayan, he was acquitted by the
through dolo, one can be convicted of Supreme Court.
Malversation through Culpa or Negligence.
ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER
Q: What if, there was this rape in a warehouse, in the TO RENDER ACCOUNTS
course of the said rape, dangerous drugs worth millions of ELEMENTS:
pesos were confiscated and they were placed in the PDEA 1. Offender is a public officer, whether in the service or
warehouse. The persons therein were charged with illegal separated therefrom
possession of dangerous drugs. In the course of the 2. He must be an accountable officer for public funds or
hearing in this possession of dangerous drugs, the court property
sent a subpoena to the PDEA custodian, to bring to the 3. He is required by law or regulation to render accounts
Court the said dangerous drugs which were confiscated. to the Commission on Audit, or to a provincial Auditor
And so, on the designated day, the said PDEA agent 4. He fails to do so for a period of two months after such
boarded all the dangerous drugs confiscated in a PDEA accounts should be rendered
van and off he went to the Court. However, before the
PDEA agent could reach the court, here comes two ARTICLE 219 – FAILURE OF RESPONSIBLE PUBLIC
motorcycles who went in and fired at him, and he fell on his OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
seat, lifeless. And then, a big vehicle arrived at the back of THE COUNTRY
the said PDEA van and took all the said dangerous drugs. ELEMENTS:
Now the said PDEA agent was brought into the hospital 1. Offender is a public officer
and despite the fatal wound, because of the immediate 2. He must be an accountable officer for public funds or
medical intervention, he survived. Is he liable of any property
crime? 3. He must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his property for safekeeping. It property is only under his
accounts have been finally settled is under his custody and administration. Not for
control and therefore it is for safekeeping, but only for
ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR his safekeeping and he has the purpose of
PROPERTY (Technical Malversation) the obligation to account it administrating it that is, for
ELEMENTS: later on to the Government applying it for the purpose
1. Offender s a public officer which it has been
2. there is a public fund or property under his appropriated by law or
administration ordiance
3. Such public fund or property has been appropriated by
law or ordinance ARTICLE 221 – FAILURE TO MAKE DELIVERY OF
4. He applies the same to a public use other than that for PUBLIC FUNDS OR PROPERTY
which such fund or property has been appropriated by ELEMENTS:
law or ordinance. 1. That the public officer has government funds in his
possession
ILLUSTRATION: 2. That he is under obligation to make payments from
Q: What if a public officer has under his administration such funds
public funds which is for a certain project. So let us say that 3. That he fails to make payment maliciously
X is the city administrator. Under his administration, there
was Php500,000, the said Php 500,000 was for the Punishable acts:
construction of a bridge between one barangay to another 1. Failing to make payment by a public officer who is
barangay. Then suddenly there was a typhoon, a big under obligation to make such payment from
typhoon and many of the constituents were rendered Government funds in his possession
homeless. And so, they had to stay in the basketball court, 2. Refusing to make delivery by a public officer who has
they need food, clothing, water and other basic needs. And been ordered by competent authority to deliver any
so, the city administrator made use of the Php 500,000 property in his custody or under his administration
under his administration to buy these basic needs of his
constituents. Is the said public officer, the city administrator ARTICLE 222 – OFFICERS INCLUDED IN PRECEDING
liable of any crime? PROVISIONS
Private Individual who may be liable under Art. 217-
A: Yes, he is liable for technical Malversation 221:
under Article 220. 1. Private Individual who in any capacity whatsoever,
have charge of national, provincial or municipal funds,
BEST EXAMPLE: revenue or property
GMA and other head of Philhealth before was 2. Administrator, depository of funds or property
charged by Frank Chavez because of Technical attached, seized or deposited by public authority even
Malversation because of transfer of COA funds, which was if such property belongs to a private individual
used for Philhealth purposes during the elections. And so, 3. Those who acted in conspiracy in malversation
because of that, according to Frank Chavez, they are liable 4. Accomplice and accessories to malversation
for Malversation. They were charged with Technical
Malversation. But their contention was there was a law that Can private property be the subject of Malversation?
allowed it. If there was a law that allowed it, then, there was - YES, under the 2nd act in Article 222, that is when
no violation. But, if there is no law, there is an illegal the said funds or property has been attached,
transfer of funds, therefore, technical Malversation will seized or deposited by public authority, it now
resolve. 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
ILLUSTRATION: When the clerk of court took the 100 peso bill, he
Q: What if A has been charged with illegal sale of destroyed the exhibit, the documentary exhibit of
dangerous drugs. The case was on trial, during the trial of the said prosecution and the prosecution was
the case, the fiscal presented the first police officer who seriously damaged interface.
acted as the poseur buyer in the course of the testimony of
the police officer, the fiscal produced and showed to him for REVELATION OF SECRETS (Article 229-230)
identification the marked money. So the marked money
consists of 5, 100 peso bill. The fiscal presented it to the ARTICLE 229 – REVELATION OF SECRETS BY AN
police and the police identified it as indeed the marked OFFICER
money because of the serial numbers and because of the Punishable acts:
markings, and thereafter the marked money have been 1. By revealing any secrets which affect public interest
marked as Exhibit A, B, C, D, E for the prosecution. After learned by him in his official capacity
the trial, they were placed inside an envelope and given to ELEMENTS:
the clerk of court, the custodian of the evidence which have (1) Offender is a public officer
already been marked. So trial ended that day, it was now (2) He knows of a secret by reason of his
lunch time. The clerk of court was on her table and so the official capacity
vendor arrived. The clerk of court wanted to buy lunch and (3) He reveals such secret without authority or
she said, how much. The vendor said it costs 50 peso. The justifiable reasons
clerk of court pulled out her money; it was a 1000 peso bill. (4) Damage, great or small, is cause to the
The vendor said, “anglakinamanniyan, walaakongpanukli” public interest
And so, by reason thereof, he gave it back to the clerk of
court. The clerk of court said that she had no smaller bills, It is necessary that there be Damage caused, whether
and he remembered the exhibits. And so, he took 100 peso serious or not.
bill, marked as Exhibit E. And she paid it to the vendor and
the vendor gave him the change of 50 peso. After eating, 2. Wrongfully delivering papers or copies of papers of
before 1:00, the said clerk of court immediately went which he may have charge and which should not be
outside to change her big 1000 peso bill into smaller bills. published thereby causing damage, whether serious or
When he now has these smaller bills, he got one 100 peso not, to a third party or to public interest.
bill and marked it as Exhibit E and then he signed it and ELEMENTS:
placed it inside the envelope. Here comes the next hearing i. Offender is a public officer
date, on the next hearing date, another police officer was ii. He has charge of papers
presented, the fiscal produced the said documentary iii. Those papers should not be published
exhibits, the marked money and asked it from the clerk of iv. He delivers those papers or copies thereof
court. So the fiscal showed it to the police officer, the police to a third person
officer identified Exhibits A, B, C, D. However, when it v. The delivery is wrongful
comes to exhibit E, the police officer said, “Your Honor, it vi. Damage is caused to public interest
has a different serial number from the one in our sworn
statement” and so because of that, an investigation ARTICLE 230 – PUBLIC OFFICER REVEALING
happened and the court learned that it was taken by said SECRETS OF PRIVATE INDIVIDUAL
clerk of court and used in buying food. What crime, if any is ELEMENTS:
committed by the said clerk of court? Is it malversation or is 1. Offender is a public officer
it infidelity in the custody of documents? 2. He knows of the secrets of private individual by reason
of his office
abandons to the detriment of public service. What is the 3. That there has been a question regarding the
penalty? jurisdiction brought before the proper authority
- In the abandonment of office, the penalty is 4. There is a question brought before the proper authority
QUALIFIED if the purpose of the said public officer regarding his jurisdiction, which is yet to be decided
is to evade the prosecution punishment of the
crime involving violation of Title 1 – Book 2 (Crimes ARTICLE 243 – ORDERS OR REQUESTS BY
against National Security), or Chapter 1 – Title 3 of EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY
Book 2 (Rebellion, Coup d’etat, Sedition, etc.) ELEMENTS:
1. That the offender is an executive officer
ARTICLE 239 – USURPATION OF LEGISLATIVE 2. That the offender addresses any order or suggestion
POWERS to any judicial authority
ELEMENTS: 3. That the order or suggestion relates to any case or
1. That the offender is an executive or judicial officer business within the exclusive jurisdiction of the courts
2. That he: of justice
a. Makes general rules and regulations beyond
the scope of his authority, or ARTICLE 244 – UNLAWFUL APPOINTMENTS
b. Attempts to repeal a law, or ELEMENTS:
c. Suspend the execution of thereof 1. Offender is a public officer
NOTE: It can only be committed by an executive or 2. He nominates or appoints a person to a public office
judicial officer 3. Such person lacks the legal qualification thereof
4. Offender knows that his nominee or employee lacks
ARTICLE 240 – USURPATION OF EXECUTIVE the qualifications at the time he made the nomination
FUNCTIONS or appointment
ELEMENTS:
1. That the offender is a judge ARTICLE 245 – ABUSES AGAINST CHASTITY
2. That the offender: ELEMENTS:
a. Assumes the power exclusively vested to 1. That the offender is a public officer
executive authorities of the Government, or 2. That he solicits or makes any indecent or immoral
b. Obstructs executive authorities from the lawful advances to a woman
performance of their functions 3. That the offended party is a woman who is:
NOTE: It can only be committed by a Judge a. Interested in matters pending before the public
officer for his decision or where the public
ARTICLE 241 – USURPATION OF JUDICIAL officer is required to submit a report or to
FUNCTIONS consult with a superior officer; or
ELEMENTS: b. Under the custody of the offender, who is a
1. That the offender is holding office under the Executive warden or other public officer directly charged
Branch of the Government with the care and custody of prisoners or
2. That he: persons under arrest; or
a. Assumes the power exclusively vested in the c. The wife, daughter, sister or any relative falling
Judiciary, or within the same degree of affinity of the person
b. Obstructs the execution of any order or under the custody and charge of the offender
decision given by a judge within his jurisdiction (Mother is not included here)
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
ELEMENTS: advances to the wife, daughter, sister or
1. That the offender is a public officer any relative falling within the same degree
2. That a proceeding is pending before such public officer of affinity of the male prisoner.
The solicitation must not be the gospel type of In Parricide, the circumstance which will qualify is the
solicitation. It must be bad, persistent, threatening such that relationship, therefore relationship between the
if the woman would not comply then it would adverse on offender and the offended party must be stated in the
her part. information.
Q: Let us say that the husband killed the wife. In the
If a jail warden impregnated a female detainee, even if they information filed by the fiscal, the fiscal failed to state that
love one another, still liable because detainees are the husband is the legal husband of the said victim.
liabilities of the state. However, during trial, by virtue of a certificate of marriage, it
was proven that the accused was the legal husband of the
said victim-wife. Can the husband be convicted of
parricide?
A: No, the husband cannot be convicted of
TITLE EIGHT parricide. This is because the relationship was
CRIMES AGAINST PERSONS (ARTICLES 246 – 266-A) not alleged in the information although proven
during trial. Since the relationship between the
ART 246 – PARRICIDE husband and the wife is not alleged in the
ELEMENTS: information, although proven during trial, he
1. That a person is killed cannot be convicted of parricide. It can only be
2. That the deceased is killed by the accused murder or homicide, as the case may be.
3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate Q: What if a husband wanted to kill his wife. So he has a
other ascendant, or legitimate other descendant, or mistress, the husband wanted to dispose his wife.
legitimate spouse of the accused However, he cannot do it on his own and so the husband
Parricide is committed when a person kills his father, hired a high-profile killer, he paid the man 100,000 pesos to
mother, child, whether legitimate or illegitimate, kill the wife. And so the man conducted surveillance on the
legitimate other ascendant, legitimate other wife, checked the itinerary of the wife and so when the wife
descendant, or legitimate spouse. Therefore the was getting out of the grocery, here comes the killer. The
offended party or deceased or the victim is specified, killer, on board a motorcycle, went directly to the wife, shot
he must be the father, mother, child whether legitimate her and off he went. The wife died. What crime/crimes
or illegitimate, legitimate other ascendant, legitimate is/are committed?
other descendant, or legitimate spouse. A: The husband is liable for principal but said
Parricide is a crime based on relationship. killer is liable for murder. Conspiracy will not lie.
What kind of relationship? Although they conspired for the killing of the wife,
First, it must be a legitimate relationship the husband, being the principal by inducement
except in the case of parent and child. and the killer, being the principal by direct
Second, the said relationship must be in the participation, conspiracy will not lie. This is
direct line because the circumstance which qualifies
Third, the relationship must be by blood parricide, the relationship, is personal to the
(grandfather killed a grandson, a mother husband and cannot be transferred to a stranger.
killing a son, a son killing a father) That is why there will two informations filed, one is
parricide as against the husband as a principal by
Q: So a father killed an illegitimate son. What crime is inducement and the other one is murder as
committed? against the killer.
A: It is parricide. Although the crime is based on
legitimate relationship, the exception is in case of ART 247 – DEATH OR PHYSICAL INJURIES INFLICTED
children, whether legitimate or illegitimate. UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
Q: A brother killed another brother. Is the crime committed 1. That a legally married person or a parent
parricide? surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in the A: Article 247 or Death under exceptional
act of committing sexual intercourse with circumstances. The Supreme Court said that
another person. Article 247 is not a felony. Article 247 is a
2. That the said legally married spouse he or she privilege, in fact is it a defense. If Article 247 is
kills any or both of them or inflicts upon any or invoked, the accused is free from criminal liability.
both of them any serious physical injury in the It is an absolutory cause, an exempting
act or immediately thereafter circumstance. The Supreme Court said that the
3. That he has not promoted or facilitated the penalty stated therein, destierro, is not really a
prostitution of his wife or daughter, or that he or penalty on the legally married spouse who killed
she has not consented to the infidelity of the the other spouse. It is not a penalty but it is more
other spouse. of a guard, a privilege for him so that he may be
free from any retaliation of any of the family of the
FIRST REQUISITE/ELEMENT: victim. So destierro here is not really a penalty.
Under the first element, it is required that the Again, Article 247 is not a felony. It is a defense, a
legally married spouse surprises the other spouse privilege; it is an exempting circumstance or an
while in the actual act of sexual intercourse with absolutory cause.
another person. So note the surprising must be
in the actual act of sexual intercourse and NOT PEOPLE v. ABARCA
before, NOT after. In this case, there was this student reviewing for the
If you will read the book of Reyes, Justice Laurel, bar. There were already rumors that his wife was having an
naghinanakitsya. Sabinya, “Why? Why should it affair. So one time, he went home unannounced. Upon his
be in the actual act of sexual intercourse, you arrival, he saw his wife in sexual intercourse with another
already saw your spouse with another man, why man. The man jumped out the window. The husband
wait for the sexual intercourse? You know it will wanted to kill the man but he had no weapon at the time.
happen, why wait for it for Article 247? This is The man went away. It took the husband an hour before he
what Justice Laurel said. But the Supreme Court was able to find a weapon and upon finding a weapon, he
said no, the surprising must be in the act of sexual went directly to the whereabouts of the man, the lover of
intercourse with another person. Not before, not the wife and killed the man. It took him one hour. The killing
after, not during the preliminaries. took place an hour, not in the actual sexual intercourse, but
is it immediately thereafter? Despite the fact that one hour
SECOND REQUISITE/ELEMENT: had lapsed, would it be within the meaning of immediately
The second element requires that the said thereafter?
legally married spouse kills any or both of them
or he inflicts serious physical injuries upon any or The Supreme Court, in this special case, said yes.
both of them. Again, while in the act of sexual According to Supreme Court, when the law uses the
intercourse or immediately thereafter. There is phrase “immediately thereafter”; that the killing or the
no question as to the “actual act of sexual infliction of serious physical injuries must take place
intercourse” but what about “immediately immediately thereafter, the law did not say that the killing
thereafter”? must be done instantly. According to the Supreme Court, it
What does the phrase “immediately thereafter” suffices that the proximate cause for the said killing is the
mean? said pain and the look on the said husband upon chancing
The Supreme Court said, “immediately his wife in the basest act of infidelity. This is an exceptional
thereafter” means there must not be lapse of case.
time between the surprising and the killing or Why an exceptional case?
infliction of serious physical injuries.
Therefore the surprising and the killing or Because henceforth, after People v Abarca,
infliction of serious physical injuries must be a the Supreme Court has already interpreted
continuing process. “immediately thereafter”, as there must be no
lapse of time between the surprising and the
Q: What if the husband arrived home and the wife arrived killing. The surprising and the killing must be
home from the market. She was about to go the kitchen continuous.
when suddenly, she heard voices in the master’s bedroom Legal luminaries say that this is an
and so she opened the said master’s bedroom and saw her exceptional case because the husband was
legal husband in actual sexual intercourse with another reviewing for the bar which is why he was
person. Notice that the law says, “other person” which given this special _. Because in all other
means it could be a man or a woman. Upon seeing that, cases after this, the Supreme Court is strict in
the wife who still has a knife in the basket, immediately implementing “immediately thereafter”. The
went towards the husband and stabbed him. The woman Supreme Court is strict because this is not a
fled. The husband died. Of what crime would you prosecute felony, it is a privilege therefore it must be
the said wife? The wife is liable for parricide under Article strictly interpreted and not liberally interpreted
246 for having killed her husband. If you are the counsel of in favor of the accused.
the said wife, what defense would you put up in order to Look that if the injury inflicted by the legally
free your client from criminal liability? married spouse on the lover or the other
spouse, is less serious physical injuries or circumstances but as mere generic aggravating
slight physical injuries, he is totally free from circumstances.
criminal liability. Liability will only come in if
the other spouse is killed or inflicted with ART 249 – HOMICIDE
serious physical injuries. ELEMENTS:
With regards to the liability of the accused to 1. That a person was killed
the injuries sustained by other people, liable 2. That the accused killed him without any justifying
to physical injuries through negligence, as the circumstance
case maybe. There is no intent to kill the 3. That the accused had the intention to kill, which is
other victims. presumed
Note that the SC ruled that inflicting death 4. That the killing was not attended by any of the
under exceptional circumstances is NOT qualifying circumstances of murder, or by that of
murder. parricide or infanticide.
When a person kills another person, and it is not
ART 248 – MURDER attended by any qualifying circumstance under Article
ELEMENTS: 248, the killing is considered as Homicide under Article
1. That a person was killed 249.
2. That the accused killed him
3. That the killing was attended by any of the qualifying
circumstances mentioned in Article 248 ART 250 – PENALTY FOR FRUSTRATED OR
4. That the killing is not parricide or infanticide ATTEMPTED PARRICIDE, MURDER OR HOMICIDE
Murder is committed by any person who shall kill ART 251 – DEATH CAUSED IN A TUMULTOUS AFFRAY
another person which will not amount to parricide or What is a tumultuous affray?
infanticide and the killing is attended by the following A tumultuous affray is a commotion, wherein
qualifying circumstances: people fight in a tumultuous or confused manner
1. Treachery, taking advantage of superior such that it cannot be ascertained or determined
strength, with the aid of armed men, or who has killed the victim or who has inflicted
employing means to weaken the defense, or physical injuries on the victim.
of means or persons to insure or afford
mutiny. ELEMENTS:
2. In consideration of price, reward or promise 1. That there be several persons
3. By means of inundation, fire, poison, 2. That they did not compose groups organized for the
explosion, shipwreck, stranding of a vessel, common purpose of assaulting and attacking each
derailment or assault upon a railroad, fall of other reciprocally
an airship, by means of motor vehicles, or 3. That these several persons quarreled and assaulted
with the use of any other means involving one another in a confused and tumultuous manner
great waste and ruin. 4. That someone was killed in the course of the affray
4. On occasion of any calamities enumerated 5. That it cannot be ascertained who actually killed the
in the preceding paragraph, or of an deceased
earthquake, eruption of a volcano, destructive 6. That the person or persons who inflicted serious
cyclone, epidemic, or any other public physical injuries or who used violence can be
calamities. identified.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly Article 251, death in a tumultuous affray, is committed
augmenting the suffering of the victim or when there are several persons who do not compose
outraging or scoffing at his person or groups which have been organized to assault and
corpse (RA 7659) quarrel with one another reciprocally, assaulted and
attacked each other reciprocally and in the course of
These are the qualifying circumstances for murder the affray, someone is killed. And it cannot be
(See Article 14-aggravating circumstances, Book ascertained or identified or determined who killed the
I) Know the elements in Article 14. victim, then the person who inflicted serious physical
All of these are aggravating circumstance under injuries or those who used violence against the said
Article 14. Note, in order to qualify a killing to victim can be identified.
murder, only one is necessary.
Someone is killed. Note that he can be any person; he
If in the information, A killed B and it was attended by can be someone from the affray, he can be a mere
treachery, in consideration of a price, reward or passerby, he can be just someone watching the affray,
promise, by means of a motor vehicle, so there are so long as he is killed in the affray and it cannot be
three qualifying circumstances. Only one will suffice to ascertained who killed him, then the person who
qualify the murder to killing, all the other aggravating inflicted serious physical injuries on him is liable if he
circumstances will be considered not as qualifying can be identified. If this person cannot be identified,
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.
Q: What if in the same public place, X went there and Now let us say that the mother is convicted. If the
pulled out his firearm because he saw his enemy, Y. He mother is convicted, the penalty imposed by the law as
aimed the gun at Y with intent to kill, because he wanted to provided in Article 255 is equivalent to parricide which is
kill his enemy. However, Y saw it and was able to avoid. reclusion perpetua to death. On the other hand, if the
What crime is committed? stranger is convicted under Article 255, the penalty to be
A: X committed attempted homicide or murder, imposed is equivalent to murder therefore, also reclusion
as the case may be. Although Y was not hit, the perpetua to death. But note the charge is that he is guilty
fact that the said firearm was discharged with of infanticide.
intent to kill, it is already attempted homicide or The fact that the said mother killed the child, less
murder, as the case may be. than three days old, in order to conceal dishonorwill
mitigate the criminal liability of the mother. NOTE:The
Q: What if in the said merry-making, there were so many penalty will be lowered not by one, but by two degrees,
people. X went there. He saw his enemy Y and went from reclusion perpetua to death, the penalty of the mother
directly to Y, took out his gun and he poked the gun without will only now become prision mayor.
discharging. What crime is committed?
A: The crime committed is other light threats. Q: What if let us say that the killer of the less than three
So here, threatening another with a gun, without day old child is the maternal grandparents. The
discharging, only poking. It is other light threats. It grandparents conspired in the killing in order to conceal the
is not grave threats, it is not light threats. It is only dishonor of their daughter. What is the effect of the
other light threats, arrestomenor. concealment of the dishonor?
A: The concealment of the dishonor will also
So kapag discharge, pinutok – it could either be alarms mitigate the criminal liability of the maternal
and scandals, illegal discharge of firearms or grandparents that is one degree lower. So sa
attempted or frustrated murder or homicide, as the mother, two degrees lower, from reclusion
case may be. perpetua to death magigingprision mayor. Sa
If no discharging, only poking, or threatening with a maternal grandparents one degree lower lang,
firearm, it is only other light threats from reclusion perpetua to death it will now
become reclusion temporal. Whatever it is,
ARTICLE 255 – INFANTICIDE concealment of dishonor is akin to a privilege
Infanticide is the killing of a child less than three mitigating circumstance because the lowering of
(3) days old or less than seventy-two (72) hours. So in the the penalty is not merely by periods but by
case of infanticide, it is the age of the victim that is degrees. So it is akin to a privilege mitigating
controlling. The victim, the child, the infant, must be less circumstance.
than three (3) days old. He must be less than seventy-two
hours. If it is only three (3) days old or above it is any other Q: So what if in the same problem I gave, the woman gave
crime but not infanticide. birth to the child and wanted to kill the child but this time
Who is the offender in Infanticide? the infant is already three days old and the child was killed
The offender can be the parents, the mother, the by the said mother and the friend. What are the crimes
father, the grandparents or it can be any other person so committed?
long as the child is less than three (3) days old, it is A: The mother is liable for
infanticide. It is the age that is controlling, not the parricidewhile the stranger/friend is liable for
relationship. murder. And this time no amount of concealment
of dishonor will mitigate the criminal liability of the
mother. So there lies a difference between
ILLUSTRATION: parricide and infanticide if the offender is the
Q: So what if there was this woman and this woman gave parent or the mother of the child.
birth to a child. After giving birth to the child while the child JUST REMEMBER: If the child is less than three days old
was only a day old, she already wanted to kill the child in or less than 72 hours, IT IS INFANTICIDE. It is the age
order to conceal her dishonor. However, she could not kill that controls. If the child is three days old and above,
PARRICIDE OR MURDER, as the case may be. It is beverage and the fetus died. What crime/s is/are
obvious murder because a three day old child or infant is committed?
totally defenseless. A: In so far as the boyfriend is concerned, the
crime committed is intentional abortion under
ARTICLE 256, 257, 258 AND 259 ARE ALL ABOUT Article 256. In so far as the said female student is
ABORTION concerned, the crime committed is also intentional
ARTICLE 256 – INTENTIONAL ABORTION abortion but it is under Article 258 – Abortion
ARTICLE 257 – UNINTENTIONAL ABORTION practiced by the woman herself or by her parents.
ARTICLE 258 – ABORTION PRACTICED BY THE So, both of them are liable for intentional abortion.
WOMAN HERSELF OR BY HER PARENTS
ARTICLE 259 - ABORTION PRACTICED BY A Q: But what if despite the fact that the female student had
PHYSICIAN OR MIDWIFE AND DISPENSING OF already taken or drank the abortive beverage still the fetus
ABORTIVES survived? Malakasangkapitngbatasa maternal womb. What
crime is committed if any by the boyfriend and the
Note that there are four (4) articles on abortion but there girlfriend? Is there a crime such as frustrated intentional
are only two (2) type of abortion: abortion?
1.) INTENTIONAL ABORTION A: YES. There is a crime such as frustrated
2.) UNINTENTIONAL ABORTION intentional abortion. Here, the said woman has
Because the abortion practiced by the woman herself or already taken the said abortive beverage. He has
the mother and the abortion practiced by a physician or already performed all the acts necessary to
midwife are all intentional abortion. So in effect, we only consume the crime of abortion however, abortion
have to kinds of abortion. We have intentional abortion and did not result because of causes independent of
unintentional abortion. their will. Malakasangkapitngbatasa maternal
ABORTION – is the willful killing of a fetus from the womb and so the baby survived. And so, they are
mother’s womb or the violent expulsion of a fetus from the both liable for frustrated intentional abortion.
maternal womb which results in the death of the fetus.
IS THERE A CRIME SUCH AS FRUSTRATED
INTENTION ABORTION is committed in three (3) ways: UNINTENTIONAL ABORTION?
1.) By using violence upon the person of the pregnant NO. This time there is no crime such as
woman resulting to abortion. frustrated unintentional abortion. Because in
2.) Without violence, by acting without violence, unintentional abortion, the intention is against the
without the consent of the woman by woman and abortion only happens unintentional.
administering aborting drugs or beverages without
the consent of the pregnant woman. ILLUSTRATION:
3.) By acting without violence, with the consent of the Q: So let’s say a man exerted physical violence against the
pregnant woman that is by administering aborting woman who happens to be his enemy. The said woman
drugs or beverages to a pregnant woman this time was severely hurt however, the baby was not hurt. The
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. A: The crime committed against the woman is
serious physical injuries. As against the fetus,
ILLUSTRATION: the crime committed is unintentional abortion.
Q: So what if there were two college students, a boyfriend Now, it resulted from one single act therefore it will
and girlfriend. The girlfriend became pregnant and the result to a complex crime of SERIOUS PHYSICAL
boyfriend said, ‘I am not yet ready. We are still so young so INJURIES WITH UNINTENTIONAL ABORTION
I cannot marry you.’ And so by reason thereof the girlfriend under ARTICLE 48 OF BOOK 1. It is a complex
said, ‘how about my situation? I am already pregnant.’ And crime. It is a single act resulting to two less grave
so by reason thereof, they both decided in order to conceal felonies.
the dishonor of the said female student, they both decided
to abort the fetus. So what the boyfriend did was he went to Q: What if a husband arrived home at 5 o’clock in the
the sidewalks of Quiapo and bought there aborting morning. He saw his wife looking at the children and is
beverages and he administered the same to the said making breakfast. Suddenly the cellphone of the wife rang,
woman. And the female student drank the aborting the pregnant wife answered the cellphone and she began
giggling. When she began giggling, the husband took the
cellphone from the said wife and listened to the cellphone. 3.) By scoffing at or decrying another publicly for
He heard a voice of a man on the other line of the having refused to accept a challenge to fight a
cellphone. Since he heard the voice of the man and he just duel.
arrived from work, he became jealous and with the use of a
knife he stabbed the wife. The wife died and the fetus died. Under Article 261, the persons criminally liable are both the
What crime/s is/are committed? challenger and the instigator.
A: In so far as the wife is concerned, the crime NOTE that if it is not a duel or there is no agreement to
committed is parricide. In so far as the baby is combat or to fight, let’s say there was no agreement
concerned, the crime committed is between A and B to fight and yet they fought and B died,
unintentional abortion. Again, it resulted from the crime committed is HOMICIDE because Article 260 and
one single act of stabbing the wife therefore it will 261 only applies if there is an agreement to fight, to a duel
give rise to a COMPLEX CRIME OF PARRICIDE or a combat.
WITH UNINTENTIONAL ABORTION. There is a
crime against the wife which is parricide and CRIMES OF PHYSICAL INJURIES:
against the fetus which is unintentional abortion
resulting from a single act therefore, it is parricide ARTICLE 262 – MUTILATION
with unintentional abortion. Mutilation is the clipping off or chopping off of a
particular part of a body which is not susceptible to grow
ARTICLE 259 - ABORTION PRACTICED BY A again.
PHYSICIAN OR MIDWIFE AND DISPENSING OF Two kinds of mutilation:
ABORTIVES 1.) By intentionally depriving another of a part of his
body which is an essential part for reproduction.
UNDER ARTICLE 259, there is another act punished and 2.) By intentionally committing other mutilation that is,
that is dispensing of abortives. Dispensing of abortives is by depriving him of any other part of his body with
committed by a pharmacist who shall dispense an abortive intent to deprive him of such part of his body.
without a prescription from a physician. The mere act of
dispensing the said abortives without prescription from a Under the first kind, that is mutilating an organ
physician will hold the said pharmacist criminally liable. essential for reproduction, is otherwise known as
CASTRATION. You will know that the penalty is even
ARTICLE 260 - DUEL higher than homicide. Killing a person is only punishable
ARTICLE 261 – CHALLENGING TO A DUEL by reclusion perpetua while castrating a person is
What is a duel? punishable by reclusion temporal to reclusion perpetua.
A duel is a combat with deadly weapons Because if you are castrated it is as if you are already
concerted between two or more persons who have decided killed. That’s why it has a higher penalty.
or agreed to fight. Mutilation is a felony which cannot be committed
out of imprudence or negligence. Because the
ELEMENTS OF A DUEL: law requires that there must be the deliberate
1.) It is necessary that the offenders that there was intent to mutilate, the deliberate intent to clip off, to
an agreement to engage in combat or in a fight. severe a particular part of the body of a person.
2.) There must be two or more seconds for each Absent that deliberate intent, any person who
combatant. loses a part of his body, it can only be serious
3.) The firearms or the arms to be used as well as the physical injuries but not mutilation. So in mutilation
other terms of the combat must be agreed upon it is always committed with deliberate intent or
by the said seconds. dolo to mutilate. Absent that, it is serious physical
injury.
Under Article 260 - Duel, there are three acts punished in ILLUSTRATION
a duel: Q: Let’s say A and B were engaged in a fight, they were
1.) By killing one’s adversary in a duel. both fighting and A was losing and so he took out his bolo.
2.) By inflicting physical injuries upon one’s His intention was to cut the body of B in order to defeat him
adversary. however, B tried to prevent him and placed his hand and by
3.) By making a combat by merely entering into a reason thereof, the right hand of B was severed from his
duel. body. Is the crime committed mutilation?
A: NO. It is not mutilation because there was no
So under Article 260, the persons who are liable are the deliberate intent to clip off or to severe the right
combatants and adversaries, those who engage in a duel hand of B. His intention was to attack or to stab B
and yungkanilangalalay, yung seconds. and in so doing, it resulted to the loss of an arm
therefore, the CRIME COMMITTED IS SERIOUS
Under Article 261- Challenging to a duel, there are also PHYSICAL INJURIES. Physical injuries can either
three acts punished: be serious physical injuries, less serious physical
1.) By challenging another to a duel. injuries or slight physical injuries.
2.) By inciting another to give or accept a challenge to PHYSICAL INJURIES is the act of wounding, beating or
a duel. assaulting another with no intent to kill. It also involves the
act of knowingly administering injurious beverages or
substances absent intent to kill. So always there is no IMBECILITY is when a person is already advanced in age,
intent to kill in order to amount to physical injuries because yet he has only the mind of a 2-7 year old child.
even if the injury is only slight or no injury at all but if there
is intent to kill, it is already in the stage of homicide. So IMPOTENCY includes the inability to copulate or sterility.
there must be no intent to kill.
It also includes the act of knowing administering injurious BLINDNESS requires loss of vision of both eyes by reason
substances absent intent to kill. of the injury inflicted. Mere weakness in vision is not
contemplated.
So always, there is no intent to kill in order to amount to
physical injuries. Under the SECOND CATEGORY:
Because even if the injury is only SLIGHT or no injury at all, The offender loses the use of speech or the power to heal
but there is intent7 to kill, it is already in the attempted or to smell, or looses an eye, a hand, a foot, an arm or a
stage of Homicide. So there must be no intent to kill. leg.
- So if it is only an eye which has been lost, it is
ARTICLE 263 –SERIOUS PHYSICAL INJURIES serious physical injury but under the Second
Category already. The penalty is lesser than that
Under Art. 263, the serious physical injuries punished of the First Category.
are:
Under the THIRD CIRCUMSTANCE/CATEGORY:
1. When the injured person becomes insane,
imbecile, impotent, or blind in consequence of the When the offender becomes DEFORMED.
physical injuries inflicted.
2. When the injured person: So what is this so-called DEFORMITY which will result in
a. Loses the use of speech or the serious physical injury?
power to heal or to smell, or looses
an eye, a hand, a foot, an arm or a Q: A hacked B with the use of a bolo on his stomach. So
leg; or there was a big mark on his stomach despite the fact that it
b. Loses the use of any such member, was already healed, there was a big scar on the said
or stomach. The doctor said that the said injury requires
c. Becomes incapacitated for the work medical treatment for 2 weeks. What crime is committed?
in which he was therefore habitually Is it serious physical injury or is it less serious physical
engaged in the consequence of the injury?
physical injuries inflicted
3. When the injured: A: The crime committed is only LESS SERIOUS
a. Becomes deformed PHYSICAL INJURY. There was no deformity.
b. Loses any other member of his Although there was a big scar on the stomach, it
body; or would not amount to deformity. An injury in order
c. Becomes ill or incapacitated for the to amount to deformity which would bring about
performance of the work in which he serious physical injury must result to a physical
was habitually engaged for more ugliness on a person. There are 3 requisites befor
than 90 days, in consequence of the deformity may be considered as a serious physical
physical injuries inflicted injury:
4. When the injured person becomes ill or
incapacitated for labor for more that 30 days (but 1. There must be physical ugliness produced on
must not be more than 90 days), as a result of the a body of a person
physical injuries inflicted. 2. The said deformity should be permanent and
Note: All of this, all of the enumeration mentioned in Art. definite abnormality and it would not heal
263 are already considered serious physical injury. If a through the natural healing process
person becomes ill or incapacitated for more than 30 days, 3. The said deformity must be located in a
it is already serious physical injuries. It is already divided conspicuous and visible place
into categories for purposes of penalty. Because they differ
in penalty. But the moment the said person, by reason of EXAMPLE OF “The said deformity should be permanent
the said injury becomes ill or incapacitated for labor for and definite abnormality and it would not heal through the
more than 30 days, it is already, serious physical injury. natural healing process”:
So the FIRST CATEGORYis, that the injured person A boxed B. He lost his 2 front teeth permanently. What
becomes INSANE. crime was committed?
INSANITY refers to a mental disease by reason thereof a A: The crime committed was SERIOUS
person can no longer appreciate the consequences of his PHYSICAL INJURY. Because it is a deformity
act. even if the doctor says that he can still replace it,
the fact still remains that it cannot be healed 10-30 days. So the requirement of medical attendance or
through a natural healing process. his incapacity to do his work for a period of 10-30 days, it
will bring about less serious physical injury.
A boxed B, A lost a molar tooth.
Q: What circumstances will QUALIFY LESS SERIOUS
A: The crime committed will LESS SERIOUS OR PHYSICAL INJURIES?
SLIGHT PHYSICAL INJURIES depending on the
medical attendance. Because it cannot be seen. It 1. When there is manifest intent to insult or offend
is not located in a visible or conspicuous place. the injured person
2. When there are circumstances adding ignominy to
A poured muriatic acid on the face of another person whom the offense
he hates and so because of that, the face of that person 3. When the victim is the offender’s parents,
becomes deformed, it became ugly. Later, she went on a ascendants, guardians, curators, or teachers
plastic surgeon. When he got out of the plastic surgery 4. When the victim is a person of rank or person in
clinic, she now looks like Vilma Santos. Is the accused authority, provided the crime is not direct assault
person liable for serious physical injuries?
So the crime committed here, with the attendance of these
A: Yes. Even if she became prettier than before, it circumstances qualify less serious physical injuries.
is still a fact that by reason of the said injury it
cannot be healed through the natural healing
process. It will require the attendance of medical ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND
surgeon. Therefore, it is considered as a MALTREATMENT
deformity.
3 KINDS OF SERIOUS PHYSICAL INJURIES AND
If the said physical ugliness is not located on a visible or MALTREATMENT:
conspicuous place, it would be depending on the 1. Physical injuries which incapacitated the offended
deployment of medical attendance. party for labor from 1 to 9 days, or required
medical attendance during the same period
Q: When is serious physical injuries qualified? 2. Physical injuries which did not prevent the
offended party from engaging in his habitual work
A: Serious physical injuries is qualified: or which did not require medical attendance
1. If it is committed against any of the persons 3. Ill-treatment of another by deed without causing
enumerated in Parricide. That is when serious any injury
physical injuries is committed against the
father, mother, child, whether legitimate or Maltreatment of another by deed without causing any injury
illegitimate; legitimate other ascendant or is the act of INFLICTING PAIN ON ANOTHER PERSON
other descendant and legitimate spouse of WITHOUT CAUSING ANY WOUND OR INJURY.
the accused.
2. If in the infliction of serious physical injuries, it CASE: PEOPLE VS MAPALO (in Book I)
is attended by any of the qualifying
circumstances for murder. That is, if it is done Let us say that A was walking. Here comes B. B
with treachery, evident premeditation, the used a lead pipe, he went to A and hit the head of A with a
crime committed is qualified serious physical lead pipe. Thereafter, he ran away. The medical certificate
injuries. showed that the head of A did not sustain any injury. He
was charged with wttempted homicide. Supreme Court
ARTICLE 264 –ADMINISTERING INJURIOUS said, the crime committed is ILL-TREATMENT OF
SUBSTANCE OR BEVERAGES ANOTHER BY DEED, a form of slight physical injury under
Art. 266.
ELEMENTS:
1. The offender inflicted serious physical injuries According to the Supreme Court, there was pain
upon another inflicted on A, but there was no injury and there was no
2. It was done by knowingly administering to him any intent to kill because the said offender immediately ran
injurious substances or beverages or by taking away after hitting him a single time. So the crime committed
advantage of his weakness of mind or cruelty is MALTREATMENT OF ANOTHER PARTY.
3. He had no intent to kill
1. By a man who shall have carnal knowledge of a Q: What if, so the law requires that the said act of carnal
woman knowledge must be with the use of force, threat, or
2. Sexual Assault intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
There is RAPE BY CARNAL KNOWLEDGE when a man intimidation in the said carnal knowledge of a daughter. Is
has carnal knowledge of a woman against her will. the crime committed rape?
ELEMENTS OF A RAPE BY A MAN WHO SHALL HAVE A: Yes. The crime committed is rape. It is
CARNAL KNOWLEDGE OF A WOMAN : INCESTUOUS RAPE. In case of incestuous rape,
1. Offender is a man it is the overpowering and overbearing moral
2. Offender had carnal knowledge of the woman influence or moral ascendency of an ascendant
against her will over a descendant which takes place of force,
3. Such act is accomplished under any of the threat, or intimidation. That is why in case of
following circumstance: inceuous rape, force, threat, or intimidation is not
a. Through force, threat, or intimidation indispensable; it is not necessary. Because it is
b. When the offended party is deprived of the overpowering and overbearing moral influence
reason or is otherwise unconscious or moral ascendency which a father has over his
c. By means of fraudulent machination or grave daughter which takes place of force, threat or
abuse of authority intimidation.
d. When the offended party is under 12 years of
age or is demented, even though the Q: What if A and B are lovers and then suddenly B filed a
circumstances mentioned above be present case against A because according to B, he was raped by
her boyfriend. In the course of the trial of the case, the
FIRST - “OFFENDER IS A MAN” defense of the man was the so-called, “sweetheart defense
So in rape by carnal knowledge, who is the offender? A theory.” According to him, “We are sweet lovers.” Therefore
MAN. according to him, it is impossible for him to have raped her
Who is the offendeaprty? A WOMAN. because we are sweet lovers. Will said sweetheart defense
The law is SPECIFIC. theory lie in his favor?
SECOND - “OFFENDER HAD CARNAL KNOWLEDGE A: Supreme Court said, in case of “sweetheart
OF THE WOMAN AGAINST HER WILL”" defense theory”, for it to lie, mere oral testimonty
The offender has carnal knowledge of a woman against her will not suffice. There must be documentary
will and it is committed by using force, threat, or evidence, memorabilia, picture, love letters, etc.
intimidation. When the offended party is deprived of reason which would show that indeed they are
or otherwise unconscious. sweethearts – boyfriend & girlfriend or lovers. But
mind you, even the Supreme Court said this, there
Q: What if the woman was sleeping when a man had a was not a case wherein the “sweetheart defense
carnal knowledge of the said woman. Is it rape by carnal theory” has acquitted a man.
knowledge?
Therefore, under any all circumstances which involves the
A: Yes. The Supreme Court said that the woman “sweetheart defense theory” will not lie in favor of a man.
who is sleeping is unconscious. Because it does not mean that when you are the
sweetheart, you can no longer rape the other person.
Q: What if the woman is half asleep when the carnal
knowledge was done by the said man? Is it still rape? In Book I, there is no such thing as FRUSTRATED RAPE.
Rape admits only 2 stages: ATTEMPTED RAPE and
A: Yes, said by the Supreme Court. The woman CONSUMMATED RAPE.
was unconscious.
The reason is that a mere touch of an erected penis on the
THIRD: labia or lips of a woman’s genitalia will already
consummate rape.
A is 11 years old. He is cohabiting with a man who is 20
years old. They are luvingtgether as if they are husband It is not necessary that there be deep or complete
and wife. Of course, they had carnal knowledge. The man penetration. It is not necessary that the vagina did
is liable for STATUTORY RAPE. The number of times that lacerated. Mere touch of the lips or the labia of a woman’s
he had carnal knowledge of the said woman, that is the genitalia already consummates rape.
number of the counts of rape. So if he had carnal
knowledge of the woman 5 times during the time that they Q: What if, what the erectile penis has touched was the
were together – 5 counts of statutory rape. That is because outer portion of genitalia, that portion which became hairy
the child, the victim, is below 12 years of age. Insofar as during puberty, you have to distinguish whether it is acts of
criminal law is concerned, she does not have a mind of her lasciviousness or attempted rape.
own, she cannot give a valid consent.
A:
If when an erectile penis has touched the outer Q: In case of a RAPE BY CARNAL KNOWLEDGE, when is
portion of a woman’s genitalia which becomes a penalty qualified?
hairy during puberty, if the intention of the said
offender is to lie, to have carnal knowledge A: Reclusion Perpetua to Death:
against the said woman, it is attempted rape. But 1. When rape is committed with the use of a
if in doing so, the said man has no intention to lie deadly weapon
or to have carnal knowledge, that is only ACTS 2. When rape is committed by two or more
OF LASCIVIOUSNESS. persons
3. When by reason or on occasion of rape, the
victim becomes insane
What about the other form of Rape – RAPE BY SEXUAL 4. When rape is attempted and homicide is
ASSAULT committed
A: In case of RAPE BY SEXUAL ASSAULT, the The presence of any of these circumstances will bring
penalty is only PRISION MAYOR. It is a bailable about the imposition of the maximum penalty of death.
offense. However, death is lifted because of RA 9346 which
If it is a RAPE BY CARNAL KNOWLEDGE, note prohibits the imposition of death penalty.
that the penalty is RECLUSION PERPETUA. It is
a non-bailable offense
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
2. The legal husband maybe pardoned by C. "Psychological violence" refers to acts or omissions
forgiveness of the wife provided that the marriage causing or likely to cause mental or emotional suffering of
is not void ab initio the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or
EXCEPTION: In case of MARITAL RAPE. If the legal wife humiliation, repeated verbal abuse and mental infidelity. It
has forgiven or pardoned the legal husband. includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the
Q: When is there PRESUMPTION OF RESISTANCE? family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to
A: If in the course of the commission of rape, the pets or to unlawful or unwanted deprivation of the right to
said offended party has performed any acts in any custody and/or visitation of common children.
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,
former wife, or against a woman with whom the serious and moral grounds as defined in Article 73
person has or had a sexual or dating relationship, of the Family Code;
or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or 2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
without the family abode, which result in or is likely
of the conjugal, community or property owned in
to result in physical, sexual, psychological harm or common;
suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment 3. destroying household property;
or arbitrary deprivation of liberty.
Acts consisting violence against women and children:
4. controlling the victims' own money or properties
or solely controlling the conjugal money or
A. "Physical Violence" refers to acts that include bodily or properties.
physical harm;
Acts of Violence Against Women and Their Children.- The
B. "Sexual violence" refers to an act which is sexual in crime of violence against women and their children is
nature, committed against a woman or her child. It committed through any of the following acts:
includes, but is not limited to: (a) Causing physical harm to the woman or her
child;
a) rape, sexual harassment, acts of (b) Threatening to cause the woman or her child
lasciviousness, treating a woman or her child as a physical harm;
sex object, making demeaning and sexually (c) Attempting to cause the woman or her child
suggestive remarks, physically attacking the physical harm;
sexual parts of the victim's body, forcing her/him (d) Placing the woman or her child in fear of
to watch obscene publications and indecent imminent physical harm;
shows or forcing the woman or her child to do (e) Attempting to compel or compelling the woman
indecent acts and/or make films thereof, forcing or her child to engage in conduct which the
the wife and mistress/lover to live in the conjugal woman or her child has the right to desist from or
home or sleep together in the same room with the desist from conduct which the woman or her child
abuser; has the right to engage in, or attempting to restrict
or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or
other harm, or intimidation directed against the individuals in a business or social context is not a dating
woman or child. This shall include, but not limited relationship.
to, the following acts committed with the purpose
or effect of controlling or restricting the woman's or Q: The neighbor was aware of the beatings that the
her child's movement or conduct: husband has been doing to his wife so the neighbor who
(1) Threatening to deprive or actually was a witness to all these beatings filed a case against the
depriving the woman or her child of husband. Will the case prosper?
custody to her/his family; A: Yes because under sec. 25, Violation Against
(2) Depriving or threatening to deprive Women and Children (VAWC) is a public
the woman or her children of financial offense.
support legally due her or her family, or Q: When does the crime prescribe?
deliberately providing the woman's A: If it involves physical abuse; it shall prescribe
children insufficient financial support; after 20 years. If it involves psychological, sexual,
(3) Depriving or threatening to deprive and economical abuse; it shall prescribe in 10
the woman or her child of a legal right; years.
(4) Preventing the woman in engaging in
any legitimate profession, occupation, Q: Let’s say the wife filed a case against the husband for
business or activity or controlling the violation of RA 9262; during the presentation of evidence
victim's own mon4ey or properties, or by the defense, the husband testified that he was always
solely controlling the conjugal or common drunk. He was alcoholic. That’s why he lost temper and
money, or properties; beats the wife. Will such defense mitigate the criminally
(f) Inflicting or threatening to inflict physical harm guilty husband? Can he use such defense?
on oneself for the purpose of controlling her A: Under Sec. 27 it cannot be used because
actions or decisions; under Sec. 27; the fact that the husband is under
(g) Causing or attempting to cause the woman or the influence of alcohol, any illicit drug, or any
her child to engage in any sexual activity which other mind-alteringsubstance cannot be used as
does not constitute rape, by force or threat of defense in VAWC therefore; alcoholism and drug
force, physical harm, or through intimidation addiction cannot be a defense in VAWC.
directed against the woman or her child or her/his
immediate family; Battered Women Syndrome (Sec. 26)
(h) Engaging in purposeful, knowing, or reckless - Scientifically defined pattern of psychological
conduct, personally or through another, that and behavioral symptoms found in the
alarms or causes substantial emotional or battering relationship as a result of cumulative
psychological distress to the woman or her child. abuse.
This shall include, but not be limited to, the
following acts: Under Sec. 26, it is provided that victim survivors
(1) Stalking or following the woman or founded to be suffering from this battered women
her child in public or private places; syndrome shall be exempted from both criminal
(2) Peering in the window or lingering and civil liability notwithstanding the absence of
outside the residence of the woman or any of the elements of self-defense.
her child;
(3) Entering or remaining in the dwelling The court however shall be held by a testimony of
or on the property of the woman or her a psychologist or psychiatrist if the woman is
child against her/his will; indeed suffering from the so called battered
(4) Destroying the property and personal women syndrome.
belongings or inflicting harm to animals
or pets of the woman or her child; and ANTI-HAZING LAW – R.A. 8049
(5) Engaging in any form of harassment
or violence; Q: What is hazing?
(i) Causing mental or emotional anguish, public A: Hazing is an initiation rite or practice which is
ridicule or humiliation to the woman or her child, used as an admission into membership in any
including, but not limited to, repeated verbal and fraternity or any other organization wherein the
emotional abuse, and denial of financial support or said recruit/neophyte/applicant is placed under the
custody of minor children of access to the an embarrassing or humiliating situations such as
woman's child/children. forcing him to do menial, silly, and foolish tasks or
services or subjecting him into psychological or
physical injury or crime.
DATING RELATIONSHIP- refers to a situation wherein the
parties live as husband and wife without the benefit of Q: Is hazing totally prohibited in the Philippines?
marriage or are romantically involved over time and on a A: No. Hazing is not totally prohibited in the
continuing basis during the course of the relationship. A Philippines. Hazing is allowed provided that the
casual acquaintance or ordinary socialization between two following requisites are present:
Unreasonable deprivation of his basic needs 1. when any person who, not being a relative of a
for survival, such as food and shelter; or child, is found alone with the said child inside the
Failure to immediately give medical treatment room or cubicle of a house, an inn, hotel, motel,
to an injured child resulting in serious pension house, apartelle or other similar
impairment of his growth and development or establishments, vessel, vehicle or any other
in his permanent incapacity or death. hidden or secluded area under circumstances
which would lead a reasonable person to believe
Not all acts committed against a child will result to that the child is about to be exploited in
child abuse. It is necessary that in the said act, prostitution and other sexual abuse.
there was this intention to debase, degrade or 2. when any person is receiving services from a child
demean the intrinsic worth of a child as a human in a sauna parlor or bath, massage clinic, health
being. club and other similar establishments.
whose liberty has been restricted; it is already Q: What if in the same problem; the father learned
considered as ransom. about the said kidnapping so the father informed the
- There is no such thing as small amount in so NBI agents. The NBI agents were able to track down
far as ransom is concerned. the place where the said child was being hidden so the
NBI agents together with the said father went to the
Q: Let’s say A is indebted to B; B was asking payment hideout. There was an exchange of gun fires between
from A, A however said that he has no money until B A (the kidnapper) and the NBI agents. While there was
got fed up so what B did is he kidnapped and detained an exchange of gun fires, the father saw his child so
the minor child of A. He then called A telling the same: the father rushed towards the son, carry the son and
“I will only release your minor child the moment you they were able to leave the said hideout. While they
give your indebtedness in the amount of a million were leaving, A the kidnapper saw them and A the
pesos”. Is the crime committed kidnapping and serious kidnapper shot the father. What crime/s is/are
illegal detention for ransom? committed?
A: Yes it is already kidnapping and A: In so far as the minor is concerned;
serious illegal detention for ransom even the crime committed is Kidnapping and
if the amount being asked by the serious illegal detention even if it did
kidnapper is the indebtedness of the not last for a period of more than 3 days,
father of the said child. Any amount the fact that the offended party is a
demanded in exchange for the liberty of minor, it is already kidnapping and
the person detained; that is already serious illegal detention.
considered as ransom.
In so far as the father who has been
2. When the victim is killed or dies as a consequence killed; since he is not the victim of serious
of the kidnapping or detention. illegal detention, it will constitute a
Kidnapping and Serious Illegal separate and distinct crime of: homicide.
Detention with Homicide.
This is a special complex crime. Therefore, there are 2 crimes committed
Therefore, since it is a special by the said kidnapper. Kidnapping and
complex crime; regardless of serious illegal detention in so far as the
the number of victims killed; it is child is concerned and homicide in so far
still kidnapping and serious as the father who has been killed is
illegal detention with homicide. concerned.
Q: What if A kidnapped the child of B who is his Q: A, a 6 yr old child is playing at a playground at
enemy. The said child is 10 years old and he was about 5 o’clock in the afternoon while the mother is
placed in a hideout. The child tried to escape but A hanging clothes. A man (X) gave the child a candy and
saw him so A fired a shot towards the child which the child was so happy. Later, the man again
resulted to the death of the child. What crime is approached the child and gave the child money and
committed? then the said man invited the child to go with him.
A: The crime committed is kidnapping Since the child was so happy because the man was so
with serious illegal detention with good to her; the child went with the said man. At 6
homicide. o’clock; the mother came looking for the child but the
child was no longer in the playground. Meanwhile, the
man brought the child to his place. That evening, the
mother kept on looking for the child however they A: Under Art 268 (Slight Illegal
could not locate the child. In the house of the man, the Detention); if the offended party has
child was molested and raped twice. The following been released. Such release will be
morning, when the mother opened the door of the considered as a privileged mitigating
house, she saw her child at the door with torn clothes circumstance because from the penalty
and blood. So the man was charged with serious of reclusion temporal, the penalty would
illegal detention with rape. Is the charge correct? be lowered by one degree that is prision
A: The charge is wrong because the mayor.
obvious intention of the man is to rape Note however that this voluntary release of the victim
the child and not to detain the child may only be considered as a privileged mitigating
therefore the SC said: the crime circumstance the ff requisites must concur:
committed would be 2 counts of 1. It is necessary the release has been
statutory rape not only a single made within 3 days from the
indivisible offense of kidnapping and commencement of the said
serious illegal detention with rape but 2 kidnapping.
counts of statutory rape because the said 2. It must have been made without the
child is under 12 years of age and she offender having attained or
was raped and molested twice. accomplished his purpose.
Therefore, unless and until there was an 3. It must have been made before the
intent to detain on the part of the institution of the criminal
offender; it could be any other crime but proceedings against the said
not kidnapping and serious illegal offender.
detention.
If all of these 3 are present then such
Q: A saw his enemy walking. He abducted his enemy voluntary release of the offender will
and placed him inside the van. The following morning, mitigate the criminal liability of the said
the said enemy was found in a vacant lot with 10 offender.
gunshot wounds. What crime is committed?
A: The crime committed is Murder. Q: What if the person kidnapped by A is a public
Obviously, there was no intent to detain officer? He is mad with the said public officer and
the offended party. The intent was to kill so he kidnapped the same and detained him in
him. Therefore the crime committed is the morning. In the evening, he immediately
murder and not kidnapping and serious released the public officer because he told himself
illegal detention with homicide or murder that perhaps the NBI would look after him so he
as the case may be. immediately released the public officer. Will such
release mitigate his criminal liability?
Inorder for kidnapping and serious illegal detention to A: No. the fact that the person kidnapped
amount to with rape, murder, with homicide with is a public officer; the crime would
physical injuries; it is necessary that there is an intent immediately be kidnapping and serious
to detain and in the course of the said detention, the illegal detention under 267. And if the
victim dies, raped, subjected to torture or other crime is committed under Art 267, no
dehumanizing acts. amount of voluntary release will mitigate
Again, as mentioned earlier; the absence of any of the the criminal liability of the offender.
circumstances which will make illegal detention serious
will make the crime Slight Illegal Detention under Art So if the victim is a minor, a female, or a public
268. officer; automatically, it will be kidnapping and
serious illegal detention and no amount of
ART 268 – SLIGHT ILLEGAL DETENTION voluntary release will mitigate the offender’s
Slight illegal detention is committed by: any criminal liability.
person who shall kidnap or detains another or in
any other manner deprive him of his liberty when ART 269 – UNLAWFUL ARREST
the said detention is illegal absent of any of the Unlawful arrest is committed by: any person who
circumstances under Art 267; it will only be slight shall arrest or detain another without authority by
illegal detention. law or without reasonable ground therefore and
his main purpose is to deliver him to the proper
Q: What if A was so envious of his neighbor. To teach authorities.
the neighbor a lesson, he kidnapped and detained the The purpose is: to deliver him to the proper
said neighbor and placed the said neighbor in a authorities.
secluded place in a vacant area one morning.
However, later on, A felt sorry for his neighbor and he Q: A was walking when suddenly he was arrested by
released his neighbor that night. What is the effect in B, a police officer. The police officer said that a case
the criminal liability of the offender A? has to be filed against him. The arrest was made
without warrant of arrest. A was not caught committing
a crime inflagrante delicto and not also an escapee but 5 yr old child has been given definitely to the mother.
he was incarcerated. Thereafter a case has been filed However the father has been given visiting rights. One
against him however since there was no complainant, Sunday, the father visited the 5 yr old son and the son
the fiscal dismissed the case for lack of probable was brought out by the father. Usually, whenever the
cause. What crime is committed by the police officer? father takes his son out; he will return the child by night
A: The crime committed is unlawful time. However this time, the father did not bring back
arrest. the child to the house of the mother and so the mother
demanded the return of her son but the father still
Q: What about the fact that he has been detained failed to return their child therefore the mother filed a
arbitrarily? case of Kidnapping and failure to return a minor under
A: It is already absorbed because the Art 270 against the father. Will the case prosper?
intention of the said police officer is to file
a case against him that is; to deliver him A: Yes the case will prosper. Under Art
to the proper authorities. Therefore the 271 it is provided that Art 270 and 271
arbitrary detention is merely incidental in can also be committed not only by
the said act of unlawful arrest. strangers but also by the father or the
mother. The only difference is that under
ART 270 – KIDNAPPING AND FAILURE TO RETURN A Art 270; if the offender is any other
MINOR person the penalty is reclusion perpetua.
Kidnapping and failure to return a minor is But if the offender is the father or the
committed by: any person who had been mother, note that the penalty is so low;
entrusted with the custody of a minor who shall only arresto mayor or a fine of not more
deliberately fail to restore the said minor to his than P300 or both fine and penalty
parents or guardians. depending upon the discretion of the
court therefore, even the father or the
Q: Who is the offender? mother can be held liable under Articles
A: The offender is the person entrusted 270 and 271. The only difference is their
with the custody of a minor. respective penalties.
3. Failing to deliver a child under 7 For the first act he is not liable because it
years of age whom the offender has is purely accidental but when he failed to
found abandoned, to the authorities render help or assistance to his own
or to his family, or failing to take him victim. This time, he is criminally liable
to a safe place. under Art 275.
custody of the child and she deliberately any person entrusted in any of the callings
or and consciously abandoned her child mentioned in paragraph 2 or to
without the intent to kill. Obviously there accompany any habitual vagrant or
was no intent to kill because she could beggar, the offender being any person.
have killed the said child instead she
placed her child inside a garbage can in These acts are considered as exploitation of minors
the restroom of an aircraft so there was because these acts endanger the life and safety, the
no intent to kill therefore the crime growth and development of the minors. (usually these
committed is Abandoning a Minor under involves circus)
Art. 276.
Note: If the delivery of the said child is on the basis of a
ART 277 – ABANDONMENT OF MINOR BY A PERSON consideration, compensation or money, the penalty will be
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF QUALIFIED.
PARENTS
ACTS PUNISHED: Mere act of delivering the child gratuitously under 16
1. Abandonment of a child by a person years of age; the crime is already committed.
entrusted with his custody. The fact that it is with consideration; the penalty will be
It is committed by: any person qualified.
who, having entrusted with the
living and education of a minor
shall deliver a minor to a public ART 280 – QUALIFIED TRESSPASS TO DWELLING
institution or other persons It is committed by: a private individual who shall
without the consent of the person enter the dwelling of another against the will of
who entrusted such minor to the the latter.
care of the offender or, in his
absence, without the consent of ELEMENTS:
the proper authorities. 1. Offender is a private individual
It is committed by a private individual
2. Indifference of parents because if it is a public officer; then the
It is committed by: any parent crime is under Art 128 which is: Violation
who neglects any of his children of Domicile.
by not giving them the education 2. He enters the dwelling of another
which their station in life requires 3. Such entrance is against the will of the latter.
and financial capability permits. As discussed under Art. 128; when
the law says against the will, there
ART 278 – EXPLOITATION OF A CHILD must be a prohibition or opposition
ACTS PUNISHED: from entering whether express or
1. Causing any boy or girl under 16 to implied.
engage in any dangerous feat of
balancing, physical strength or contortion, Mere entry without consent will not bring about
the offender being any person. QUALIFIED TRESSPASS TO DWELLING.
2. Employing children under 16 years of age If the door is opened therefore it means that anyone
who are not the children or descendants could enter even without the consent of the owner and
of the offender in exhibitions of acrobat, the moment he enters he is not liable for qualified
gymnast, rope walker, diver, or wild animal trespass to dwelling because there is no prohibition or
tamer, the offender being an acrobat, etc., opposition from entering.
or circus manager or person engaged in It is necessary that there is an opposition or prohibition
any of said callings. from entering. It can be expressed prohibition (e.g. A
3. Employing any descendants under 12 note which states: “Do Not Enter” or the door was
years of age in dangerous exhibitions closed and a person knocked so the owner got up and
enumerated on the next preceding opened the door but upon seeing the person he
paragraph, the offender being engaged in immediately closed the door) or implied prohibition
any of the said callings. (e.g. Door is closed even if it is not locked).
4. Delivering a child under 16 years of age
gratuitously to any person if any of the ART 281 – OTHER FORMS OF TRESSPASS TO
callings enumerated in paragraph 2, or to DWELLING
any habitual vagrant or beggar, the (TRESSPASS TO PROPERTY)
offender being an ascendant, guardian, ELEMENTS
teacher, or a person entrusted in any 1. Offender enters the closed premises
capacity with the care if such child. or the fenced estate of another.
5. Including any child under 16 years of age 2. Entrance is made while wither of
to abandon the home of its ascendants, them is uninhabited.
guardians, curators or teachers to follow 3. Prohibition to enter is manifest.
A: In GRAVE THREATS, the threat will always Q: What if A, who is the creditor of B, was inside the house
amount or constitute a crime. It may or may not be of B. He was asking B to pay his indebtedness. B said:
subject to a demand money or condition. The “Get out of my house. If I still see you in the afternoon
offender may or may not attain his purpose. But, when I get back inside my house and if you are still here, I
in grave threats, the threats will always amount or will kill you.” What crime is committed?
will always constitute to a crime. On the other A: In this instance where B told A : “Get out of my
hand, in case of LIGHT THREATS, the threat will house. If I still see you in the afternoon when I get
not constitute to a crime but it is always and back inside my house and if you are still here, I
always subject to a demand of money or the will kill you.” The crime committed is GRAVE
imposition of any other condition. THREATS. There is a promise of a future wrong
to be committed in the afternoon if A is still there in
So in LIGHT THREATS, the threat threatened to the house.
be committed will not amount to a crime, will not
constitute to a crime, however it is always subject Q: What if in the same problem, A was asking B to pay his
to a demand of money or the imposition of any indebtedness. B said: “Get out of my house! Otherwise, I
other condition, even though not unlawful. will kill you.” What crime is committed?
A: The crime committed is GRAVE COERCION.
Lastly, in case of OTHER LIGHT THREATS, other The threat is present, direct, personal, immediate
light threats can be done by threatening another and imminent. Not in the future, but now direct,
with a weapon or by drawing such weapon in a personal and immediate.
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.
4.) Communicating the contents of the said tape
REVELATION OF SECRETS: record, wire record or disc record, in writing or
verbally to another person.
ARTICLE 290 – DISCOVERING SECRETS THROUGH 5.) Furnishing transcriptions of these tape record,
SEIZURE OF CORRESPONDENCE wire record or disc record whether totally or
We have seizure of correspondence in order to discover partially to any other person.
the secrets of another.
This is committed by any person who shall seize any What is foremost prohibited is the act of tapping, recording
correspondence of another in order to discover the secret or intercepting any private communication or spoken word
of any person. without the consent of all the parties. Without being
authorized by all the parties to the said private
NOTE: In case of seizure of correspondence in order to communication or spoken word.
discover the secrets of another, DAMAGE is not element.
Likewise, REVELATION is not an element. Q: So what if A told B to come inside his room and when B
entered the room, A started scolding B. In scolding B, A
The mere act of seizing the correspondence of another said scandalous remarks against B. Unknown to A, B was
with the intention to discover the secrets, the crime is tape recording the private conversation between them. Can
already consummated. It is not necessary that the secret B later use the said tape recording in order to file a case of
be revealed, it is not necessary that there be damage on defamation or slander against A?
the part of the offended party. A: NO. Because the said act of tape recording
without being authorized by all the parties to a
ARTICLE 291 – REVEALING SECRETS WITH THE private communication or spoken word is
ABUSE OF OFFICE inadmissible in any judicial, quasi-judicial,
This is committed by a manager or by an employee or by a legislative or administrative proceedings or
servant who reveals the secrets of his principal or master investigation.
learned by him in such capacity.
It is the REVELATION OF SECRETS which will The ONLY EXCEPTION is when a police officer or peace
consummate the crime, not merely discovery but officer is authorized by written order of the court to listen to,
revelation of the said secrets. Again, damage is not an intercept or record any communication in crimes involving
element. It is not necessary that the offended party be treason, espionage, inciting to war or giving motives for
prejudiced or damaged. reprisals, piracy, mutiny, rebellion, conspiracy and proposal
to commit rebellion, sedition, conspiracy to commit sedition
and kidnapping. Only in these instances and provided that
ARTICLE 292 – REVELATION OF INDUSTRIAL the said peace officer is authorized by a written order
SECRETS coming from the court may he be allowed to intercept,
This is committed by any person in charge, employee or listen to or record the private communication or spoken
workman of a manufacturing or industrial establishment word.
who shall learn and discover the secrets of the industry and
shall reveal the same to the prejudice of the owner thereof.
In case of revelation of industrial secrets, mere revelation
of those secrets will not suffice. There must be
DAMAGE OR PREJUDICE CAUSED TO THE
OFFENDED PARTY.
The law requires to the prejudice of the owner thereof.
The law requires that the property must be personal In other words, we have robbery with homicide, robbery
property, not real property because real property is under with rape, robbery with intentional mutilation, robbery with
Article 312 – Occupation of real property. arson, robbery with serious physical injuries, robbery with
The personal property must belong to another person unnecessary violence and lastly, simple robbery.
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.
The law requires that there must be intent to gain. Robbery with Homicide
Intent to gain is an internal state of mind. So how can you Robbery with homicide is a special complex crime or a
prove intent to gain? The law presumes there is intent to composite crime or a single indivisible offense. In reality
gain the moment there is taking of the personal property of two or more crimes have been committed, the robbery and
another person. Intent to gain is presumed by law. the homicide yet, in the eyes of the law only one crime, a
single indivisible offense of robbery with homicide.
Two ways of committing robbery: Q: When should the killing or the homicide take place?
1.) Robbery with violence against or intimidation
(Art.294) A: In case of robbery with homicide, for as long as
2.) Robbery with the use of force upon things the original intent of the offender, for as long original
(Art.299) criminal design is to commit robbery or to rob, the killing
The value of the property taken in robbery with violence may take place before, during or after the said robbery
against or intimidation against people is immaterial provided, that the original intent/ original criminal design is
because the penalty is dependent on the violence used by to commit robbery or to rob.
the offender against the offended party. However, in Since it is a special complex crime, regardless of
Robbery with the use of force upon things (Art.299), the the number of the persons killed there is only a single
value of the property taken is material because the penalty indivisible offense of robbery with homicide. Even if the
is dependent on the value of the property taken. killing is an unintentional killing or accidental killing still, it is
a single indivisible offense of robbery with homicide. Even if
Art.294 - Robbery with violence against or intimidation the victim of the said robbery is different from the victim of
of persons the killing, it is still robbery with homicide. There lies the
The following acts constitute robbery with violence against difference between Article 294 and Article 267. In
or intimidation of persons: kidnapping and serious illegal detention with homicide, the
1.) When by reason or on occasion of the robbery, victim of the kidnapping and serious illegal detention must
the crime of homicide is committed. be the victim in the said killing to amount to kidnapping and
2.) When robbery is accompanied by rape or serious illegal detention. But in case of robbery with
intentional mutilation or arson. homicide, regardless of who the offended party may be,
3.) When by reason or on occasion of such robbery, whether the offended party in robbery is different from the
any of the physical injuries resulting in insanity, offended party in the killing it is still robbery with homicide.
imbecility, impotency or blindness is inflicted.
4.) When by reason or on occasion of robbery, any of Q: So let us say, A entered the house of B in order to
the physical injuries resulting in the loss of the use commit robbery. He took the valuables therein and after
taking the jewelries suddenly the box of jewelries fell so X from being killed. A and B went directly to X and Y and
was awaken. When A saw that X was awaken, A shot X. X killed them both. And thereafter, A and B took the winnings.
died. What crime is committed? Based on the circumstances or facts the fiscal filed the
A: Robbery with homicide. Because by reason or following cases before the RTC, robbery, double murder,
on occasion of robbery, homicide was committed. and attempted murder, robbery because of the taking of the
winnings, double murder for the death of X and Y and
Q: What if in the same problem, when X was awaken, the attempted murder as to the police officer who dove into the
robber, A, shot X. The wife was also awaken and so the canal. What is the ruling of the RTC? It said wrong ka
wife started shouting so A also shot the wife. The fiscal! The crime is robbery with double homicide and
wife also died. What crime/s is committed? attempted murder. Then it went to appeal on the Court of
A: Two persons are killed still, the crime Appeals, sabiniya wrong fiscal! Wrong ka din RTC! The
committed is still a single indivisible offense of crime committed is robbery with homicide and attempted
robbery with homicide. All the killings are merged murder. Then it went up to the Supreme Court. Sc said,
into a composite intergraded whole that is a single malika fiscal! Mali ka RTC! Mali kadn CA! Mali kayo lahat!
indivisible offense of robbery with homicide. The only crime committed is the single indivisible crime of
robbery with homicide. Because all the acts are considered
Q: What if let us say, in the same problem, so A went to the absorbed in the crime of robbery with homicide despite the
house of X and took the jewelries. He was on his way out fact that two persons were killed, despite the fact that one
when he bumped the door and so the owner of the house person was greatly injured, all these circumstances are
was awaken. So A went down and saw the back of the merged into a composite integrated whole that is single
robber. And so he chased the robber. In the garden, A tried indivisible offense of robbery with homicide.
to shoot the owner of the house and so A jumped on him
and they struggled for the possession of the gun. In the Robbery with rape
course of struggle for the possession of the gun, the gun Just like robbery with homicide, is also a special
fired hitting a ballot vendor passing by. The ballot vendor complex crime or a single indivisible offense. So, for as
died. What crime/s is committed? long as the intention of the offender is to commit robbery,
A: The crime committed is still the single rape may be committed before, during or after the
indivisible offense of robber with homicide. Since commission of robbery. Since it is a special complex crime,
it is a special complex crime, even if the victim of regardless of the number of times the victim was raped, the
the robbery is different from the victim of the crime committed is only robbery with rape. There is no such
homicide, it is still robbery with homicide. Even if it crime as robbery with multiple rapes. There is only robbery
is only accidental killing it is still robbery with with rape.
homicide so long as the killing is by reason or on
occasion of the said robbery. Q: So a woman was walking on her way home and
because it was pay day here comes X. X dragged the
Q: So what if, A, B, and C entered the house of X in order woman in a dark place and took the bag and took the
to commit robbery. They have already taken the valuables money inside it. And then he found the woman attractive so
when the owner of the house was awaken. It was only A he raped the woman not once but twice. What crime/s is
who saw the owner of the house was awaken and so A committed?
shot X and killed him. Are they all liable for robbery with A: X committed the crime of robbery with rape
homicide or only A who shot X? regardless of the times the woman was raped.
A: All of them are criminally liable for the crime of
robbery with homicide. Under Article 8, that in case of an CASE OF PEOPLE vs SUYU
express or direct conspiracy, the conspirators are liable Two persons, boyfriend and girlfriend, they were
only for the crime agreed upon. The crime agreed is to having snack and saw the shadow of 3 men. And these 3
commit robbery but how come all of them are liable for men were pushing the truck trying to open the door. They
homicide? Because it falls under the exception that when took their valuables and the boyfriend hurriedly left the
the resulting felony is a special complex crime because you girlfriend allegedly to ask help to the police. And so the
cannot separate or divide a special complex crime. girlfriend was alone with the three men and they dragged
Therefore, even if it was only A who killed the victim, even her into a nipa hut and there she was raped by the
if their agreement is only to commit robbery, because mastermind, Suyu. Not only she was raped by Suyu but
homicide or the killing was committed by reason or on also Cainglet while, the other two was outside serving as
occasion of the said robbery, all of them are criminally lookouts. So the said woman, Clarissa, was raped by two
liable for the crime of robbery with homicide. persons and she was raped three times. Suyu and Cainglet
The only exception to the exception is when B raped her by carnal knowledge. Not only that, Cainglet also
and C performed acts in order to prevent A from committing inserted two fingers to her genitals therefore, he also
the homicide. committed rape by sexual assault. What crimes are
committed by the 4 persons? What crime/s they should be
CASE OF PEOPLE vs CABBAB criminally liable of?
Let us say, A and B versus X, Y and Z. A and B
committed robbery and upon leaving the said place, X and Supreme Court said, they are all liable for the
Y saw A and B and shot them and made gun fires. Z, a single indivisible offense of Robbery with Rape.
police officer dove into the canal in order to prevent himself Regardless of the fact that two persons raped the victim,
regardless of the fact that the victim was raped 3 times, execution of a robbery and to a person not
regardless of the fact that there is two nature of rape responsible to the commission of the crime of
committed against the victim (rape by carnal knowledge robbery. Here, the deformity was inflicted after the
and rape by sexual assault), still the crime committed is the robbery, not before. Not only that. The deformity
single indivisible offense of robbery with rape. was inflicted on A, the person responsible for the
commission of the robbery.
There are four conspirators but not all of them
raped the victim. Yet they are all liable for robbery with rape If the serious physical injuries inflicted resulted to a
because the two lookouts did not perform acts in order to deformity or to a loss of any of the member of his body or
prevent the consummation of the said rape. So since it is a loss of the use of any such member or incapacity to go to
special complex crime and a single indivisible offense all work in which the injured person is thereto habitually
the other rapes are merged into a composite integrated engaged for more than 90 days, under paragraph 3 of
whole that is robbery with rape. Article 263, it is required that in order to amount to a single
The same theory applies in case of robbery with intentional indivisible offense the said deformity or serious physical
mutilation and robbery with arson. injury must be inflicted in the course of the execution of the
robbery and to a person not responsible to the commission
Robbery with intentional mutilation, arson and serious of the robbery. Otherwise, it will bring about a separate and
physical injuries distinct crime.
For as long as the intent or the criminal design of
the offender is to commit robbery, the intentional mutilation, Art. 295. Robbery with physical injuries, committed in
arson or serious physical injuries may be committed before, an uninhabited place and by a band, or with the use of
during or after the commission of the said robbery.
firearm on a street, road or alley.
Q: So let say A and B saw X walking. It was pay day and
so A and B announced a holdup. They were both armed
with guns and so what X did since they were both armed Art. 296. Definition of a band and penalty incurred by
with guns, he gave the bag. By reason thereof, A and B the members thereof.
already left the place. While A and B was waiting for a ride
in a waiting shed, A and B divided the things they took from
X. So A told B, this is your share. B said, why is my share
Art. 297. Attempted and frustrated robbery committed
smaller than your share?! And so B got and he shot A. A
died. What is the crime committed? under certain circumstances.
A: The crime committed is robbery with homicide
because even if it was also an offender who was Art. 298. Execution of deeds by means of violence or
killed, the killing took place by reason of the said intimidation.
robbery.
Q: So what if in the same problem, so A and B were Section Two – Robbery by the use of force upon things
already dividing the things they took and B said, wait why is
my share so small? B got mad shot A but A did not die. A ROBBERY WITH USE OF FORCE UPON
suffered serious physical injuries. What crime is THINGS
committed?
A: The crime committed is robbery with serious
Art. 299. Robbery in an inhabited house or public
physical injuries.
building or edifice devoted to worship
Q: What if in the same problem, A were dividing the things
and B said, why is my share so small compared to your Another form of robbery is robbery with the use of
share? B got mad and what he did was took an ice pick force upon things in Art 299.
from his pocket and stab A in his face and placed the ice
pick in A’s face. A suffered serious physical injuries and
In case of violence against persons, the value of the
deformity in his face. It caused physical ugliness to A
therefore there is deformity. What crime/s is committed? property is not important because the penalty is the
basis of the violence.
A: This time the crime committed by B is not the
single indivisible crime of robbery with serious In Art. 299, the basis of the penalty is the value of the
physical injuries but two crimes, Robbery and property taken.
Serious physical injuries under paragraph 3 of
Article 263 because of the deformity. Why?
3 ways of committing robbery with use of force upon
Because under paragraph 4 of Article 294, when
the serious physical injury that resulted is a things:
deformity or the loss of any of the member of his
body, the law requires that the said physical injury
or deformity must be inflicted because of the
be criminal liability. This exemption from criminal liability A went to the house of B. A told B “this is a hold up and
will only lie in the cases mentioned in Art. 332. bring out the valuables”. Instead of bringing the valuables
to A, B panicked and shouted. A therefore shot B. B died.
3) When the offender manages to enter said A also panicked and left the place without bringing his
inhabited place, dwelling, public place, or place loot. What is/are the crime/s committed?
dedicated to religious worship without any The crime committed by A is attempted robbery
unlawful entry, once inside he took the sealed with homicide. This is also a special complex
receptacle outside to be opened or forced open. crime. Here robbery was attempted because he
was unable to take any of the property. The fact
The offender was able to enter and once inside, that A was able to announce hold-up and bring the
he did not use force to open the close cabinet or valuables to him means that the original design is
receptacle. Instead, he took the cabinet and to commit robbery. It was attempted because he
receptacle outside to open it. was unable to take the property, and in the course
of thereof, he killed the owner.
Circumstances that will qualify robbery with use of
force upon things: In order to amount to special complex crime, it is
Art. 300. Robbery in an uninhabited place and by a necessary that both the robbery and homicide
band. must be consummated.
Under Article 300, if robbery is committed with
in an uninhabited place and by a band — the What if in the course of robbery, the said owner was shot
law used the conjunction AND, both must but was able to survive. What crime is committed?
concur in order to amount a qualifying The crime committed is robbery with physical
circumstance, to increase the penalty. So it injuries depending on the injuries sustained by the
should be in an uninhabited place and by a victim. In order to amount to robbery with
band, therefore both must be present. homicide, it is necessary that both crimes must be
present and there is no such thing as robbery
Art. 295. Robbery with physical injuries, committed in with frustrated homicide or attempted
an uninhabited place and by a band, or with the use of homicide, for it is the law which provides for the
firearm on a street, road or alley. crime which must be complexed, and the law does
In case of robbery with serious physical injuries, not provide that frustrated homicide or attempted
unnecessary violence or simple violence, how will the homicide must be complexed with robbery.
crime be qualified?
The answer is under Art. 295, where if the said In the instant case, since the killing took place at
robbery is: the spur of the moment, then it is robbery with
1. Committed in an uninhabited place OR homicide.
by a band
2. By attacking any moving train, street car, Chapter Two
motor vehicle or airship BRIGANDAGE
3. By entering the passenger’s
compartments in a train; or What if robbery was committed by 4 armed men?
4. Taking the passengers by surprise in
their respective conveyances Art. 296. Definition of a band and penalty incurred by
5. On a street, road, highway, or alley and the members thereof.
the Intimidation is made use of a firearm A was walking, suddenly there are 4 men with knives and
took A’s bag which is full of money. A put up a fight. And
NOTE: so these armed men killed A. What crime is committed?
That in case of robbery with violence or Is the crime committed robbery in band with homicide?
intimidation on persons, the qualifying There is no such crime as robbery by a band with
circumstances are present, only one of these is homicide. The said use of band is only an
sufficient to qualify the penalty. The law here uses aggravating circumstance. The proper designation
the conjunction OR not AND. of the crime is robbery with homicide. The fact that
it is committed by 4 armed men is only an
Example: aggravating circumstance. Under Art. 296, if a
Art. 306. Brigandage. Art. 308. Who are liable for theft. — Theft is committed
Under Article 306, it is committed by at least 4 armed men by any person who, with intent to gain but without
for the purposes of - violence against or intimidation of persons nor force
1. committing robbery in the highway; upon things, shall take personal property of another
2. kidnapping persons for the purpose of extortion or without the latter's consent.
ransom
3. for any other purpose to be attained by means of Theft is likewise committed by:
force and violence. 1. Any person who, having found lost property,
shall fail to deliver the same to the local
Art. 296 Art. 306 authorities or to its owner;
Both require at least 4 armed persons 2. Any person who, after having maliciously
It is required that the 4 The crime is already damaged the property of another, shall
armed men must actually consummated by the mere remove or make use of the fruits or object of
take part in the commission fact that 4 armed men the damage caused by him; and
of the robbery formed a band of robbers. 3. Any person who shall enter an inclosed estate
It is not required that they or a field where trespass is forbidden or which
actually commit the belongs to another and without the consent of
enumerated purposes. its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm
PD 532 (THE ANTI-HIGHWAY ROBBERY LAW OF 1974) products.
In PD 532, brigandage is defined as the seizure of any The definition is almost the same as robbery. The
person for ransom, extortion, or other unlawful purposes, or difference lies in the case of robbery where there is
the taking away of property of another by means of violence or intimidation of persons and use of force upon
violence against or intimidation of persons of force upon things, while in theft, there is no violence, intimidation
things or other unlawful means, committed by any person against persons or force upon things.
on any Philippine highway.
Example:
Art 306 vs. PD 532, or the Anti-Highway Robbery Law 1. A person who found a lost personal property of
of 1974 another but did not give it to the police, there is
theft.
Art. 306 PD 532 2. A damaged the property of B, he make use of that
Requires that there must be No requisite as to the # of damage.
at least 4 armed men perpetrators of the crime 3. There is a vacant lot guarded by X. A person
Even a single person can entered the vacant lot and took the fruits.
commit the crime of
brigandage Valenzuela v. People
The mere formation of the There must be an actual There is no frustrated theft. In this case, the offender took
band of robbers for any of commission of the crime or boxes of tide from SM North Edsa and placed it in the taxi.
the purposes mentioned will no crime will arise Before they were able to left the premises of SM, they were
bring about the crime apprehended. The offenders were charged of
There is a predetermined or There is no preconceived consummated theft. They did not deny that they committed
preconceived victim victim. It is committed theft but their defense is that they committed frustrated
indiscriminately on any theft.
person passing on the The SC En Banc in 2007 ruled that there is no crime as
highway as long as it is frustrated theft. In case of theft, unlawful taking is deemed
committed in a Philippine complete the moment the offender gain possession of the
highway. property of another, theft is consummated.
A was a security guard. The owner of the house left his If again, in the same problem, A tried to stop X and X
key to the security guard. However, the security guard shot A. A died. What is the crime committed?
used the key to open the house of the owner and took The fact that the owner is killed or raped as a
the valuables. What crime is committed? consequence, the penalty is reclusion perpetua to
The Security Guard is liable for qualified theft death. It will bring about a higher penalty, but
because of grave abuse of confidence. not as a special complex crime because it is a
Special Penal Law. Though it is akin to a special
complex crime, the killing is absorbed. The crime
RA 6539 (ANTI-CARNAPPING ACT) is carnapping. It is also not a bailable offense.
are not large cattle. (sabi nung isang justice sa SC na prof the course of the argument, A and B killed the guard.
naming dati, si Lawyer daw pag kinidnap cattle rustling daw What is/are the crimes committed?
tawag dun. Ang evil nya!)
The crime committed is only occupation of real
Example: property. The killing is only a means to occupy the
A’s carabao was tied on the mango tree. X saw the real property. It falls under violence against or
carabao alone. So what X did was he untied the carabao intimidation of persons in occupying the real
and took the carabao away. A saw X with his carabao so property.
A tried to catch up with X. As A was able to catch up with
X, a fight ensued. X took his bolo and hacked A to death. In the same problem A and B put up their house in the
What is the crime committed by X? vacant property. The owner learned this and went to A
The crime committed by X is only cattle rustling. and B’s house. However, A and B killed the owner.
The fact that the owner was killed is within the In this case, two crimes are committed. The killing
meaning of violence or intimidation against took place after occupying the place. This time,
persons. It will not bring about a separate and the crimes committed are occupation and
distinct crime of murder. The Anti-Cattle Rustling homicide or murder as the case maybe.
Law, although a special law, is not malum
prohibitum but a malum in se. Under Sec. 10 of Art. 313. Altering boundaries or landmarks. — Any
the law, it is expressly provided that this law person who shall alter the boundary marks or monuments
amends Art. 309 and 310 of the RPC. Since it is of towns, provinces, or estates, or any other marks
an amendment, the SC it is a malum in se and not intended to designate the boundaries of the same, shall be
a malum prohibitum. punished by arresto menor or a fine not exceeding 100
pesos, or both.
Art. 311. Theft of the property of the National Library
and National Museum. Chapter Five
The value of the property is immaterial because CULPABLE INSOLVENCY
the law prescribed the penalty of arresto mayor or
fine or both. Art. 314. Fraudulent insolvency. — Any person who shall
abscond with his property to the prejudice of his creditors,
Chapter Four shall suffer the penalty of prision mayor, if he be a
USURPATION merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium period, if
Art. 312. Occupation of real property or usurpation of he be not a merchant.
real rights in property.
Example:
There was a vacant lot. Here comes A and B and his
family. The said land or property was being guarded by
X. A and B went inside the vacant lot and tried to build a
nipa house because they do not have any house. And so
the guard told them that A and B has no right to build a
nipa house because the lot is owned by Y. However, A
and B told the guard that they do not have any house. In
has better right even than that of the A: The crime committed by the teller is only
owner of the said property. Qualified Theft. It is not estafa because when A
gave the money to the teller to deposit to his bank
account, what has been transferred was only
Q: What if A rented a bicycle from B. A will use the bicycle
material possession of the said money. It is not
for three hours and shall pay B 500 pesos for the use of the
the juridical possession taking into consideration
said bicycle. Upon payment, A is now using the bicycle.
that the participation of the said teller is as that of
Three hours had lapsed, A failed to deliver the bicycle to B.
the bank, the teller being a mere employee of the
B demanded the return of the bicycle. A did not return the
said bank. In fact, in case of deposits in bank, the
bicycle. Can B file a case of estafa against A?
said client will not be able to get back the very
A: B can file a case of estafa against A. Estafa same money that he has deposited. Hence, the
is the crime committed by A because when B gave crime committed by the teller is only qualified theft
the bicycle to A, it was based on a contract of but not estafa.
lease (a contract of rent), hence, juridical
possession had been transferred from B to A. A,
during the three-hour period has juridical Q: What if A is an employee in a company, XYZ
possession over the said bicycle and during this corporation. He was a field worker and whenever he goes
period, A has better right to the property than B, to the field to work, he has this cash advance given by the
the owner thereof. When A failed to return the said company. One time, he went to work with a cash advance,
bicycle to B after three hours, then he committed however, upon returning to work, he failed to liquidate the
estafa. cash advance. A, despite notices by the company, failed to
liquidate the cash advance. So the corporation filed a case
against A. Will the case prosper?
Q: What if A told B to obtain a loan in his favor in a bank
A: The case will not prosper. The Supreme
and then he gave B his diamond ring as collateral for the
Court said that a cash advance is equivalent to a
said loan. However, B, instead of using the ring as
loan, therefore when the company gave cash
collateral for the loan, B sold the ring and misappropriated
advance to the employee, there is not only
the proceeds of sale. What case, if any, may A file against
transfer of the said money to the employee but
B? Is B liable for estafa?
transfer of ownership of the said money. The
A: B is not liable for Estafa. When A gave the employee is now the owner of the said money.
ring to B, what has been transferred to B is only When you say liquidate, it means that he is paying
material possession of the ring. It is not juridical his indebtedness to the company, therefore their
possession because B is merely an agent of A so relationship as employer and employee, insofar as
that B will be the one to use the said ring as the cash advance is concerned, is that of a
collateral in order to obtain a loan in favor of A. creditor-debtor and not that of entrustor-entrustee.
Juridical possession remains with the owner, A, Hence, there is no estafa committed, there is no
hence the crime committed is only qualified theft committed. The liability of the employee is
theft. only civil in nature. The company can only file a
case of sum of money against the employee for
failing to pay his indebtedness in the form of cash
Q: What if A is a regular customer in the bank. A went to advance to the company.
the bank, went to the teller who usually deposits his money
and he gave the teller 1 million in cash plus the passbook.
A told the teller, “Here is my passbook and 1 million in c) By taking undue advantage of the signature of
cash. Please deposit it to my account. I am in a hurry to go the offended party in blank, and by writing any
to work and be back in the afternoon.” A left the passbook document above such signature in blank, to
to the teller and went to the office. In the afternoon, before the prejudice of the offended party or of any
going home, A went back to the bank, however the teller third person.
was not there so A asked for his passbook. The bank gave
him the passbook but when A looked at the passbook, the
Q: The manager of a company has a blank document
1 million was not deposited to his account. What
which contains only the signature. The manager gave it to
crime/crimes if any may A file against the teller on whom he
the secretary and told the secretary to use the document
gave the said money to deposit in his bank account?
for emergency purposes. When the manager left, the
secretary wrote in the document stating that the manager
will shoulder or pay his entire loan in a lending firm. What because the falsification of a private
crime is committed by the said secretary? Is the said document is merely incidental.
secretary liable for estafa or estafa through falsification of a If estafa cannot be committed without
private document or falsification of a private document. falsifying the private document, the crime
Which of the three crimes is committed by the secretary? committed is falsification of a private
document because estafa is a mere
A: The crime committed is Estafa. This is
consequence.
because the manager entrusted to the secretary
So you only have to choose between
the document in blank which contains his
estafa and falsification of a private
signature and the secretary wrote therein above
document but you can never complex the
the signature to the prejudice of the manager
two. There is no such crime as estafa
because the manager now assumes an obligation.
through falsification of a private
SO the crime committed by the secretary is estafa.
document.
But there is such a thing as estafa
Q: What if in the same problem, the secretary placed the through falsification of a public document
blank document on top of his table. Here comes B, a because in falsification of a public
customer of the said company. B while talking to the document, damage is not an element. So
secretary saw the document with the signature of the in a deed of absolute sale was falsified in
manager and so he surreptitiously took one of those order to deceive another in the crime of
documents, brought it home and wrote in the document estafa, it will give rise to the complex
above the signature that the manager shall be the one to crime of estafa through falsification of a
pay all his indebtedness in a lending firm. What crime is public document, estafa through
committed by the said customer? Is the customer liable for falsification of an official document,
estafa or estafa through falsification of a private document. estafa through falsification of a
commercial document. Because in these
A: The customer is liable for Falsification of a kinds of falsification, damage is not an
Private Document under Art 172. This is because element.
he caused that the manager participated in an act
or proceeding when he did not so participate, one
of the acts of falsification punished in Article 171 II. ESTAFA BY MEANS OF FALSE PRETENSES OR
and 172. FRAUDULENT ACTS EXECUTED PRIOR TO OR
SIMULTANEOUSLY WITH THE COMMISSION OF
THE FRAUD
Why not estafa through falsification of a
private document? FIVE PUNISHABLE ACTS:
Because there is no such crime as estafa
through falsification of a private
a) By using fictitious name, or falsely pretending
document. You cannot complex estafa
to possess power, influence, qualifications,
with falsification of a private document
property, credit, agency, business or
because both estafa and falsification of a
imaginary transactions, or by means of other
private document HAVE DAMAGE AS
similar deceits.
ELEMENT, and one and the same
damage cannot give rise to two crimes Q: What of there were four licensed nurses who all want to
therefore you can never complex estafa work in Canada. Here comes X. X learned that A, B, C and
and falsification of a private document. It D passed the board so he went to their house and told
is either estafa or falsification of a private them that X has a placement agency that has all the
document. qualifications to help them find work in Canada. A, B, C and
D believed X, and X demanded that they give X 100k for
When is it estafa? processing fees. They gave the money to X. A, B, C and
If estafa can be committed without Dnever saw X again. Later X was arrested. What are the
falsifying the private document but the crimes committed by X?
falsification of a private document merely
facilitated the commission of the crime,
then the appropriate charge is estafa A: A, B, C and D can file two cases against X.
Estafa under article 315 (2)(a) and Illegal
Recruitment in Large Scale under the Labor d) By postdating a check or issuing a check in
Code. These two cases are cumulative and not payment of an obligation when the offender
exclusive each other, hence, the offender can be had no funds in the bank OR his funds
charged of these two crimes at the same time. deposited therein were not sufficient to cover
the amount of the check.
Also a very popular form of estafa –
Estafa under 315 (2) (a) is committed because X
estafa by postdating a check.
misrepresented to them that he has the
qualification and the agency to bring them to work
For this kind of estafa to arise, it is
necessary that the issuance of the check
in another country when in fact, he does not have
must be in concomitance with the
such qualification and agency. Where it not for the
defraudation (act of defrauding) because
said misrepresentation by X, the offended parties
note that Art 315 says that estafa by
A, B, C and D would not have parted with the said
means of false pretenses or fraudulent
100 Thousand pesos in cash.
acts exerted prior to or simultaneously
with the commission of fraud. Therefore,
The other crime committed by X is Illegal it is necessary that the issuance of the
Recruitment in Large Scale. In Labor Code, if check is in concomitance with the
Illegal Recruitment is committed against three or defraudation, that is, the offender would
more persons, individually or as a whole, it is not have parted with his property would it
considered as Illegal Recruitment in Large not for the promise that the check would
Scale. On the other hand, if it is committed by five be funded.
or more persons, it is considered as Syndicated The offender is given a period of three
Illegal Recruitment. Both crimes are considered days to make good of the check. If the
crimes involving economic sabotage under the offender failed to make good the check, it
Labor Code and is the reason why it is a non- is said to be prima facie evidence of
bailable offense. deceit constituting the fraudulent act or
false pretenses.
the construction materials and A has already exclusively of each other therefore A can be
taken the construction materials. A week later, B prosecuted at the same time of both cases.
went to A asking for the payment and it was only
at the time that A gave the check that bounced.
e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
Therefore the issuance of the check was in
boarding house, lodging house, or apartment
payment of an obligation which already exists at
house and the like without paying therefor,
the time. Estafa under 315 (2)(d) cannot be
with intent to defraud the proprietor or
committed if the check was issued in payment of a
manager thereof, OR by obtaining credit at a
pre-existing obligation because for estafa under
hotel, inn, restaurant, boarding house, lodging
Art 315 (2)(d) to arise, it is necessary that the
house, or apartment house by the use of any
issuance of the check is in concomitance with the
false pretense, OR by abandoning or
defraudation.
surreptitiously removing any part of his
baggage from a hotel, inn, restaurant,
Q: A is in need of construction materials, he went to B. A boarding house, lodging house or apartment
said he needed construction materials. B said he can get it house after obtaining credit, food, refreshment
if he had money. A said he didn’t have any money at the or accommodation therein without paying for
moment but was issuing a postdated check instead dated his food, refreshment or accommodation.
on the thirtieth day of the month. He guaranteed B that the The offender went to a hotel or inn to
check will be funded on the thirtieth day of the month. B obtain food, refreshment or
received the check and boarded the construction materials accommodation, he did not pay. Or he
needed by A inside the truck of A. On the thirtieth day of obtain credit, he did not pay. Or his
the month, B deposited the check but the check was goods are inside the hotel, he abandons
dishonored by the bank for insufficiency of funds. Notice of his goods, he abandons his valuables, he
dishonor was sent to A. However, despite of lapse of three surreptitiously removes parts of his
days, A failed to make good of the check or at least made baggage therein.
arrangement with the bank in order to cover the full amount
of check. May B file a case of estafa under Art 315 (2) (d)
against A? May B file a case of violation of BP 22 against III. ESTAFA THROUGH FRAUDULENT MEANS
A? THREE PUNISHABLE ACTS:
a) By inducing another, by means of deceit, to
A: B can file both Estafa under Art 315 (2) (d)
sign any document
and violation of BP 22 against A. Estafa was
CASE: INTESTATE ESTATE OF
committed by A because the check was issued, it
MANOLITA GONZALES VDA. DE
was only received by B at the time of the
CARUNGCONG v. PEOPLE
construction of materials was delivered. The check
In this case, the Japanese son-in-law
was received by B upon guarantee given by A that
asks the mother-in-law to sign a
on the thirtieth day of the month, the check will be
document. He induced her to sign a
funded. Therefore, the issuance of the check was
document saying that it was about taxes
in concomitance with the defraudation. Estafa
but in truth and in fact, it is a SPA for the
under Art 315(2)(d) is committed.
sale of the property in Tagaytay and by
reason thereof, the mother-in-law, who
Likewise, violation against BP 22 is committed was already blind, signs the document
because violation of BP 22 will arise whenever a therefore Sato, the Japanese son-in-law,
check had been issued and the said check was was able to sell the said property. This is
dishonored upon presentment to the drawee bank. the kind of Estafa by inducing another by
There immediately arises violation of BP 22. (The means of deceit to sign a document.
essence of the crime of BP 22 is the issuance of a
worthless check) b) By resorting to some fraudulent practice to
insure success in a gambling game
In the book of Reyes, there was a
A can be prosecuted for two crimes – Estafa cockfight. The offender removed the
under Article 315 (2)(d) and violation of BP 22 – at thing on the feet of rooster and so, by
the same time. These remedies are committed not reason thereof, he won the game. So the
offender resorted to some fraudulent
practice to insure success in the 3. The drawer of the check failed to make
gambling game. good of the check within 5 banking days.
Art. 318 – OTHER DECEITS CHAPTER EIGHT – ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS
Who is liable?
Any person who, for profit or gain, shall
interpret dreams, make forecasts, tell
ARTICLES 320 – 326 speak about Arson. These had
fortunes, or take advantage of the credulity of
already been repealed by PD 1613 – THE LAW ON
the public in any other similar manner.
ARSON. However, although Articles 320 – 326 had been
repealed by PD 1613, Article 320 has been brought back
If the offender commits any act of swindling, any act of
into life by RA 7659.
deprivati0n not punishable under Art. 315, 316 and
317, it is punishable under Art. 318 – Other Deceits.
So any other form of deprivation would be under Art. That is why, insofar Article 320, the crime is
318 – Other Deceits. Destructive Arson. And we have PD 1613 which
punishes Simple Arson or Other Cases of Arson.
Q: What about Madam Auring? She tells fortune. What if a
Do not consider Section 2 of PD 1613 which punishes
person went to Madam Auring asking for his fortune and
Destructive Arson because Destructive Arson is
what is in his future, and based on the readings of the card,
under Article 320 of the RPC as it has been brought
Madam Auring said “You will get sick on this particular day.
back by RA 7659.
You will die upon this particular day.” Because of this, the
person could no longer sleep. He has been thinking about Q: What if there was this maid, the want to go to the
his sickness and his death. Can he file a case against province, let’s say it was Christmas time. He asked
Madam Auring for Other Deceits under Art. 318? permission from the master of the house, the master of the
house did not allow the maid to go to her province. So the
A: Yes, he can file a case of Other Deceits
maid got mad. To make revenge, she burned the house at
against Madam Auring. Because obviously for
night and left the house. However, the master of the house
profit or for gain, Madam Auring tells his fortune,
together with his family were not awakened by the said
which is obviously an erroneous one. How can
burning and so they all died by reason of the said fire. Not
someone predict the death of a person? How can
only that, the sad burning of the house of the master also
someone predict when a person will be ill or sick?
affected 5 nearby houses. All in all, 5 houses were burned
Obviously it is done in order to defraud this person
by the said fire and also the master and said members of
and this person had been damaged because this
the family all died in the course of the said fire. What crime
person could no longer sleep and can think only of
is/are committed by the said helper?
his sickness and death.
A: The helper is liable only for the crime of
Simple Arson Other Cases of Arson under PD
1613 – Sec. 3. The fact that the master died ART. 320 – DESTRUCTIVE ARSON
would only qualify the penalty imposable of her.
HOW IS DESTRUCTIVE ARSON COMMITTED?
But, it will not bring about the crime of Arson with
Homicide. There is no such crime as Arson with 1. One or more buildings or edifices, consequent to
Homicide or Arson with Multiple Homicide. one single act of burning, or as a result of
simultaneous burnings or committed on several or
Why is it that the crime committed is only
different occasions;
Simple Arson or Other Cases of Arson?
2. Any building of public or private ownership,
The crime committed is Simple Arson or
devoted to public in general, or where people
Other Cases of Arson because the fact that
usually gather or congregate for a definite purpose
what the maid burned is an inhabited house
such as but not limited to official government
or dwelling, the crime is only Simple Arson or
function or business, private transaction,
Other Cases of Arson.
commerce, trade workshop, meetings,
conferences, or merely incidental to or for a
definite purpose such as but not limited to motels,
Destructive Arson is found under Art 320 of the
transient dwellings, public conveyances or stops,
RPC while Simple Arson and other arson is
or terminals, regardless of whether the offender
repealed by PD 1613 repealing Article 320 to 326
had knowledge that there are persons in said
B of the RPC. Even though there are five deaths,
building or edifice at the time set on fire and
the deaths will be absorbed in the crime of arson
regardless also of whether the building is actually
and will only qualify the penalty to death. The
inhabited or not.
maid is only liable for simple arson, because what
3. Any train, locomotive, ship or vessel, airship or
has been burned is an inhabited dwelling. For as
airplane, devoted to transportation or conveyance,
long as the thing burned is an inhabited house or
or for public use, entertainment and leisure;
dwelling, the crime committed is simple arson. If in
4. Any building, factory, warehouse installation and
the course of burning the dwelling, homicide
any other appurtenances thereto, which are
results, the crime committed is still arson.
devoted to the service of public utilities;
If the intention is to kill the offended 5. Any building the burning of which is for the
party, and the means employed is through burning purpose of concealing or destroying the evidence
the house, the crime committed is MURDER. If of another violation of law, or for the purpose of
however, the intention of the offender is to destroy concealing bankruptcy or defrauding creditors or
the property of the offended party by fire, and the to collect from insurance.
offender did not know that someone is inside and
There is also destructive arson in the following
death results, the crime is still simple arson. It will
instances:
only qualify the penalty to RP to death.
1. When the arson is committed by 2 or more
persons, regardless of whether their purpose is
Q: A killed B while sleeping. The crime committed is merely to burn or destroy the building or the
murder. In order to conceal the crime, A burned the house. burning merely constitutes an overt act in the
A: This time, there are two crimes committed. A is commission of another violation of the law;
liable for Murder for killing B and Arson, in 2. When any person shall burn:
order to hide the crime committed. The arson a. Any arsenal, shipyard, storehouse or
committed is destructive arson, as it is defined by military power or fireworks factory,
the law. ordinance, storehouse, archives or
general museum of the Government; or
So what is Arson? b. In an inhabited place, any storehouse or
Arson is the malicious destruction of the property factory of inflammable or explosive
by means of fire. materials.
2 KINDS OF ARSON:
1. DESTRUCTIVE ARSON – punished under Art. Q: What if in the course of the commission of Destructive
320 of the RPC Arson, someone died. The airplane was burned. The
2. SIMPLE ARSON – punished under PD 1613 purpose was to burn the said airplane. Unknown to the
particular Section 3 offender, someone was inside the said airplane and the
said person died. What crime is committed by the offender?
A: The offender is liable for Destructive Arson If as a result of the commission of any acts of
under Article 320. The fact that someone died destructive arson, death results, the penalty
will not give rise to a complex crime. The crime should be death.
committed is only Arson.
PENALTY FOR SIMPLE ARSON: RECLUSION
After the last paragraph of Article 320, it is stated that – TEMPORAL TO RECLUSION PERPETUA
if as a consequence of the commission of any of the acts
Under Section 5 of PD 1613, if by reason or on
constituting Arson, death results, then, the mandatory
the occasion of simple arson, death results, the
penalty of death shall be imposed. So here, the fact that
penalty is reclusion perpetua to death.
someone died in the course of the commission of
Therefore, whatever may be the crime may be, if
Destructive Arson would mean that the penalty to be
by reason of said arson, death results, it will
imposed of the said offender would be death. But, the
aggravate the crime of arson and the homicide
crime committed is only Arson. There is no such thing as
will be absorbed in the arson.
Arson with Homicide.
A: The crime committed by the offender is only A: A is liable only for Arson. The fact that
Simple Arson or Other Cases of Arson under someone is killed in the course of the said Arson,
PD 1613. the crime committed is only arson. And the fact
that the said servant died while the said burning
What about the fact the someone died?
took place, you only qualify the penalty, the crime
Under Section 5 of PD 1613, if by
committed is Arson and the penalty is qualified to
reason or on occasion of the said arson,
reclusion perpetua to death.
death results, the penalty shall be
reclusion perpetua to death.Therefore,
the crime committed is only Arson. Q: What if A wanted to burn the property of B. So what he
You do not complex it with Homicide. But did was he poured gas on the said walls of the property.
the fact that someone died, the penalty is However, before he could set the property on fire.
qualified. The penalty is increased to Someone saw him and so, he was arrested. What crime is
reclusion perpetua to death. committed?
A: The crime committed is Attempted Arson.
PENALTY FOR DESTRUCTIVE ARSON: RECLUSION
PERPETUA TO DEATH
Q: What if A placed rags near the property of B. His
intention is to burn the property of B. and then he placed
gasoline on the said rags and set fire on the said rags. The It is a crime which can only be committed by means of
rags were burning. However, before said fire could have intent. There must be deliberate intent to cause damage to
burned any of the structure of the house, A was already the property of another, because if there is no intent to
arrested. What crime is committed? cause damage in the property, the liability will be damages
only; civil liability and not criminal liability.
A: Some legal luminaries say, the crime
committed is frustrated arson. Other legal In order for a crime to be considered as malicious mischief,
luminaries say there is no such crime as frustrated it is necessary that there must be DELIBERATE INTENT to
arson. cause damage to the property of another. Absent that
deliberate intent to damage, to injure the property of
another, it cannot be considered as malicious mischief. The
Pros. Garcia is on the second luminary. She said offender will only be liable for damages for causing
believes that there is no such crime as frustrated damage to the property of another; civil liability and not
arson because arson is the burning of the property criminal liability. Or, if there was negligence, imprudence on
of another by means of fire. The moment any part his part, it would be reckless imprudence or simple
of the said structure or building is burned, arson is negligence causing damage to property. But for malicious
already consummated. If no part of the said mischief to arise, it is necessary that there must be
structure or building is burning, it is only Attempted deliberate intent to damage the property of another, only for
Arson. There cannot be a circumstance of the purpose of damaging it or for the purpose of invoking
frustrated arson. revenge.
Because how did a crime frustrate a felony? A
frustrated felony is committed when the offender
Q: A and B were fighting, and in the course of their fight, A
has performed all the acts of execution that would
fell on the floor and the floor was damaged.
produce the felony but nevertheless the felony
was not produced by reason of the causes A: The liability will only be a civil action for
independent of the will of the perpetrator. The damages.
offender has performed all the acts of execution in
the crime f arson, for the offender to be said that
he had performed all the acts of execution, it is ART. 328 – SPECIAL CASES OF MALICIOUS
necessary that the building or the property has MISCHIEF/QUALIFIED MALICIOUS MISCHIEF
already been burned, otherwise, it cannot be said (Penalty is qualified)
that he has performed all the acts of execution.
1. Causing damage to obstruct the performance of
So by the definition of a frustrated felony, she is public functions;
with the other legal luminaries who say that there 2. Using poisonous or corrosive substances
is no such thing as frustrated arson. Because the 3. Spreading any infection or contagion among cattle
moment any part of the property has been 4. Causing damage to the property of the National
burned, it is already considered as Library or to any archive or registry, waterworks,
consummated arson. road, promenade, or any other thing used in
common by public
Malicious Mischief – is the willful damaging of another’s ART. 330 – DAMAGE AND OBSTRUCTION TO MEANS
property for the sake of causing damage due to hate, OF COMMUNICATION
revenge or other evil motive. What is punished is the damage and obstruction to
If the intention of the offender is to cause damage in the means of communication.
property of another, by any means outside arson, is Who is liable?
malicious mischief.
The penalty of prision correccional in its medium commission of the crime. This exempting circumstance
and maximum periods shall be imposed upon any will not apply to strangers. If the strangers connived
person who shall damage any railway, with any the persons mentioned in Article 332, so in
telegraph or telephone lines. that case, the stranger is liable, only the enumerated
If the damage shall result in any derailment of persons is not criminally liable.
cars, collision or other accident, the penalty is
qualified to prision mayor, without prejudice to
the criminal liability of the offender for the other INTESTATE ESTATE OF MANOLITA GONZALES VDA.
consequences of his criminal act. DE CARUNGCONG v. PEOPLE:
For the purpose of the provisions of the article, the The Supreme Court said, this absolutory cause or
electric wires, traction cables, signal system exempting circumstance under Article 332 applies
and other things pertaining to railways, shall be exclusively to simple crimes of theft, swindling (or
deemed to constitute an integral part of a railway estafa) and malicious mischief. The exemption
system. under Article 332 will not arise, it will not absorb
the offender if the crime committed is already a
complex crime.
ART. 331 – DESTROYING OR DAMAGING STATUES,
PUBLIC MONUMENTS OR PAINTINGS In this case, the son-in-law of a Japanese National
committed estafa through falsification of a
Who is liable?
public document. Because the special power of
Any person who shall destroy or damage statues
attorney was falsified. Since the crime committed
or any other useful or ornamental public
was estafa through falsification of a public
monument. (penalty of arresto mayor in its
document, the Supreme Court said, the said son-
medium period to prision correccional in its
in-law can be held criminally liable. So this apply
minimum period)
only to simple cases of theft, swindling (or estafa)
If what has been damaged are only private
and malicious mischief.
monuments or private paintings, it is only ordinary
malicious mischief. The son in law a Japanese National , by means of
Any person who shall destroy or damage any deceit made his mother in law sign a SPA, said
useful or ornamental painting of a public nature SPA was used to sell the property of Tagaytay.
shall suffer the penalty of arresto menor or a fine The mother died without receiving the proceeds of
not exceeding 200 pesos, or both such fine and the sale. The daughter of the mother wanted to file
imprisonment, in the discretion of the court. a case against the son-in law. Note that the wife of
the Japanese national is already deceased. Does
article apply in this case where the crime
CHAPTER TEN – EXEMPTION FROM CRIMINAL committed is estafa even if the wife of the
LIABILITY IN CRIMES AGAINST PROPERTY Japanese National is already dead?
Art. 332 — PERSONS EXEMPT FROM CRIMINAL The relationship by affinity is still existing. The
LIABILITY. purpose is to ensure harmony within the family.
Article 332 will still apply. The son-in-law may be
No criminal, but only civil liability, shall result from the
prosecuted. The crime is estafa through
commission of the crime of THEFT, SWINDLING (or
falsification of public document. The crime
estafa) or MALICIOUS MISCHIEF committed or
committed is the complex crime of estafa through
caused mutually by the following persons:
falsification of public document. Article 332 will not
1. Spouses, ascendants and descendants, or
apply though there is a relationship because the
relatives by affinity in the same line.
crime is already complexed.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before Based on jurisprudence:
the same shall have passed into the possession of
The word SPOUSES include paramours and
another; and
mistresses, and other wives.
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together. The word ASCENDANTS include step father and
step mother.
The word DESCENDANTS include step children,
The exemption established by this article shall not be
adopted children and natural children.
applicable to strangers participating in the
punished by prision correccional in its minimum and The best witnesses are the neighbors of the
medium periods. husband. It must be in such a manner that the
neighbors are shocked.
The concubine shall suffer the penalty of destierro.
Q: What if a married man who had sexual intercourse with
ELEMENTS:
a woman inside a motel. Is the man liable for concubinage?
1. The man must be married
A: NO, because it was done in secrecy. In order for
2. That he committed any of the following acts:
the husband to be liable for concubinage by having
a. Keeping a mistress in the conjugal
sexual intercourse with a woman who is not his wife,
dwelling;
it is necessary that the sexual intercourse was
b. Having sexual intercourse under
committed under scandalous circumstances. Their
scandalous circumstances;
sexual congress must set a bad example,
c. Cohabiting with her in any other place
misconduct among the people in the neighborhood.
3. The woman must know that the man must be
married
THIRD ACT: COHABITING WITH A WOMAN IN ANY
OTHER PLACE
Offender Legally Married Husband
Cohabitation means that the husband and the
Offended party Wife concubine were living together as if they were
husband and wife without the benefit of marriage.
To whom shall the case
Husband and Concubine
be filed
CHAPTER TWO – RAPE AND ACTS OF
Who shall file Only by the Offended Wife LASCIVIOUSNESS
Art. 335 - RAPE IS ALREADY REPEALED. Rape is no
longer a private crime. It is already a public crime and
Just like adultery, Concubinage is a private crime. located under title 8, crimes against persons.
FIRST ACT: KEEPING A MISTRESS IN THE CONJUGAL Any person who shall commit any act of lasciviousness
DWELLING upon other persons of either sex, under any of the
circumstances mentioned in the preceding article, shall be
The conjugal dwelling refers the house of the punished by prision correcional.
husband and the wife
Husband brought her to the house ELEMENTS:
1. That the offender commits any act of
SECOND ACT: HAVING SEXUAL INTERCOURSE lasciviousness or lewdness;
UNDER SCANDALOUS CIRCUMSTANCES 2. That the act of lasciviousness is committed
against a person of either sex;
3. That it is done under any of the following CHAPTER THREE – SEDUCTION, CORRUPTION OF
circumstances: MINORS AND
a. Using force or intimidation
WHITE SLAVE TRADE
b. When the offended party is deprived of
reason or otherwise unconscious TWO KINDS OF SEDUCTION:
c. By means of fraudulent machination or 1. Qualified Seduction
grave abuse of authority 2. Simple Seduction
d. When the offended party is under 12
years of age or demented
It is committed with unchaste design and done under ART. 337 – QUALIFIED SEDUCTION
circumstances of rape.
The seduction of a virgin over twelve years and under
Offender – any person eighteen years of age, committed by any person in public
Offended party – any person authority, priest, home-servant, domestic, guardian,
teacher, or any person who, in any capacity, shall be
entrusted with the education or custody of the woman
Q: Offender is the woman while the offended party is a seduced, shall be punished by prision correccional in its
man. The man was being held by 2 other men when the minimum and medium periods.
woman undressed the man, touched the private parts of The penalty next higher in degree shall be imposed upon
the man. What crime is committed? any person who shall seduce his sister or descendant,
A: Acts of Lasciviousness under circumstances whether or not she be a virgin or over eighteen years of
of rape under Art. 336. Under Art. 336, the offender age.
and the offended party may be any person. The man Under the provisions of this Chapter, seduction is
was held by other two men and the act of the woman committed when the offender has carnal knowledge of any
was prompted by lust or lewd design. Therefore it is of the persons and under the circumstances described
acts of lasciviousness under circumstances of rape. herein.
TWO KINDS OF QUALIFIED SEDUCTION:
Q: In a school, the woman after unbuttoning the pants of 1. Seduction of a virgin over 12 years of age and under
the said man, the woman forcibly entered the penis of the 18 years of age by persons who abuse their authority
man inside her mouth. Is the crime committed rape by or confidence reposed in them
sexual assault?
ELEMENTS:
A: No, but it is acts of lasciviousness. If you look
at rape by sexual assault, it is committed by “the man 1. The offended party must be a virgin
inserting his penis into another persons’ mouth or 2. She must be over 12 and under 18 years of age
orifice.” It is the offender who must insert his penis 3. The offender is a person in public authority, priest,
into the mouth or orifice. In the problem, it is not the house servant, domestic, teacher, guardian or any
man who inserted his penis. It was the woman who person, in any manner, shall be entrusted with the
forcibly inserts the penis of the man inside her mouth. education or custody of the woman seduced
Therefore, crime committed is only acts of 4. The offender had sexual intercourse with of the
lasciviousness, because in rape by sexual assault, it said offended party
is the offender who has the penis and inserted it 5. There is abuse of authority, confidence or
forcibly to another. relationship on the part of the offender
Offender must be: Q: The woman committed sexual congress with a married
man because the man promised that he will marry the
o Brother or Ascendant woman.
A: The SC said that there is no seduction. The fact
The brother or ascendant had sexual intercourse with that the woman knows that the man is married, the
the sister or descendant, which is committed with man cannot marry her. There is no deceit.
abuse of relationship.
Age does not matter. Even if the sister is 18 and
above, still, seduction can still be committed. ART. 339 – ACTS OF LASCIVIOUSNESS WITH THE
Status in life is not an element. Even if she is a CONSENT OF THE OFFENDED PARTY
married woman, still, there can be seduction. The penalty of arresto mayor shall be imposed to punish
(Virginity does not matter) any other acts of lasciviousness committed by the same
persons and the same circumstances as those provided in
Articles 337 and 338.
ART. 338 – SIMPLE SEDUCTION This is done with the consent of the offended party
This is under circumstances of seduction.
The seduction of a woman who is single or a widow of
good reputation, over twelve but under eighteen years of
age, committed by means of deceit, shall be punished by Offender: Man
arresto mayor.
Offended Party: Woman
ELEMENTS:
In seduction, the offended party is always the woman
1. Offended party is over 12 and under 18 years of
ELEMENTS:
age
2. She must be of good reputation, single or widow 1. Offender commits acts of lasciviousness or
3. Offender has sexual intercourse with her lewdness
4. It is committed by means of deceit. 2. Acts were committed upon a woman who is a
virgin, or single or widow of good reputation,
under 18 years of age but over 12 years, or a
sister or descendant regardless of her reputation
or age
3. Offender accomplishes the acts by : The same penalty shall be imposed in every case, if the
a. Abuse of authority female abducted be under twelve years of age.
b. Abuse of confidence
Forcible Abduction- abduction, taking away, or carrying
c. Abuse of relationship
away of a woman against her will and with lewd design.
d. Means of deceit
Woman can be any person.
ART. 340 – CORRUPTION OF MINORS
Regardless of age, virginity, civil status. They are not
Any person who shall promote or facilitate the prostitution material.
or corruption of persons underage to satisfy the lust of For as long as the taking away is done with lewd
another, shall be punished by prision mayor, and if the design and against her will.
culprit is a pubic officer or employee, including those in
government-owned or controlled corporations, he shall also
suffer the penalty of temporary absolute disqualification. Sexual intercourse is NOT an element.
(As amended by Batas Pambansa Blg. 92). If by reason of or on the occasion of forcible
abduction, the man had sexual intercourse with the
woman, it may result in a COMPLEX CRIME OF
Corruption is committed by persons who: RAPE WITH FORCIBLE ABDUCTION.
1. Promote or facilitate the prostitution or the
corruptions of minors in order to satisfy the lust
Q: Nena was waiting near the gate of her house, while
of another
waiting for her father. Suddenly here comes Pedro. Pedro
o It is committed by pimps, or more commonly
abducted her. Forcibly took her away from her house and
known as “Bugaw”
brought her inside his house. The said taking was done
with lewd design. So Pedro held Nena inside her house for
Q: If the offender is a public officer or employee, including 7 days. Pedro said, “Marry Me”, Nena said, “I will never
those in the government owned-controlled corporations? marry you”. By reason thereof, Pedro rape Nena, and
during the 7 days when Nena was held in captivity inside
A: there is an additional temporary absolute
the house of Pedro, Pedro rape her one time a day. There
disqualification
were 7 acts of rape. What crime/s is/are committed by
Pedro?
ART. 341 – WHITE SLAVE TRADE A: The crimes committed by X are 7 crimes. Pedro
The penalty of prision mayor in its medium and maximum shall be charged by 7 information. 1 crime forcible
period shall be imposed upon any person who, in any abduction with rape and 6 crimes of distinct and
manner, or under any pretext, shall engage in the business separate charges of rape. One act of sexual
or shall profit by prostitution or shall enlist the services of intercourse constitute equals one charge. Here, only
any other for the purpose of prostitution (As amended by 1 rape can be complexed with forcible abduction. It is
Batas Pambansa Blg. 186.) a complexity of crimes under Art. 48, Book I of the
Revised Penal Code. It is not a special complex
PUNISHABLE ACTS: crime, but merely a complex crime.
I. Engaging in the Business of Prostitution
II. Shall Profit by Prostitution
III. Enlist the services of any woman for the purpose of only 1 forcible abduction is necessary to commit
prostitution the crime of rape and only 1 rape is necessary to
bring about complex crime of forcible abduction
with rape.
Chapter Four – ABDUCTION
TWO KINDS OF ABDUCTION: Q: In the same case, the Nena was inside the house of the
1. Forcible Abduction Pedro. Pedro tried to rape Nena, he attempted to rape,
2. Consented Abduction however, Nena was able to put up a fight and Nena kicked
Pedro, as a result, she ran outside the house. What crime/s
is/are committed by Pedro?
ART. 342 – FORCIBLE ABDUCTION
A: 2 crimes are committed, Forcible Abduction and
The abduction of any woman against her will and with lewd
Attempted Rape. BUT one charge can be filed which
designs shall be punished by reclusion temporal.
is FORCIBLE ABDUCTION. The attempt to rape WITH RAPE. Abduction was a necessary means in
Nena is only the manifestation of the lewd design order to commit rape.
which is an element of forcible abduction. Therefore,
Q: The girl was 15 and the boyfriend was 25. The said
he can only be charged of Forcible abduction.
boyfriend was able to take away the girl with her consent.
o Attempted rape was absorbed in the element of The parents of the girl filed a case. Per Ma’am, she was
lewd design. able to handle a similar case where the girl was 16 and the
o No such thing as Forcible Abduction with man was above 18. The parents of the girl do not like the
Attempted Rape. man so the lovers eloped and lived in the house of the
man. The mother filed a case of consented abduction.
During the P.I., the said girl loved the man and even if the
ART. 343 – CONSENTED ABDUCTION mother will take her away from the man, she will always
The abduction of a virgin over twelve years and under return to the man. Also, the woman has keys of the house
eighteen years of age, carried out with her consent and of the man. Per ma’am the man was not at fault because it
with lewd designs, shall be punished by the penalty of was always the woman who would go to the man’s house.
prision correccional in its minimum and medium periods. So she dismissed the case.
In cases of seduction, abduction, acts of lasciviousness Civil Liability of Persons guilty of Rape, Seduction, or
and rape, the marriage of the offender with the offended Abduction:
party shall extinguish the criminal action or remit the
1. To indemnify the offended woman.
penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, 2. To acknowledge the offspring, unless the law
accomplices and accessories after the fact of the above- should prevent him from so doing.
mentioned crimes. 3. In every case to support the offspring.
ANTI PHOTO and VIDEO VOYEURISM ACT OF 2009 Q: What if the woman went to the mall, there was a need to
(R.A 9995) answer the call of nature, she went to the rest room. In the
rest room, she saw a camera inserted near and in between
ACTS PROHIBITED:
the wall of the said cubicle. The janitor placed it there. Is
I. Taking photo or video coverage of a person or a group the Janitor liable under R.A 9995?
of persons performing sexual act or any similar activity
A: Yes, he is liable for R.A. 9995.
or to capture an image of a private area of a person
such as the naked or undergarment clad genitals,
public area, buttocks, or female breasts without the
Case of Hayden Kho and Katrina Halili
consent of the persons involved and under
circumstances in which the person/s has/have a If their case took place after the effectivity of this
reasonable expectation of privacy act, Hayden Kho should not be off the hook. It just so
o It is necessary for the crime to arise, there must be NO happen that this act was not yet enforced at that time. So
consent on the part of the said offended party. And, it the case filed against him is violation of R.A. 9262 –
must be in place where he or she has a reasonable Violence against woman and their children. Because the
expectancy of privacy. reason why the RTC dismissed the case was that,
according to the said court, there was consent given by
II. To copy or reproduce, or to cause to be copied or Katrina Halili and so, according to the court, there was no
reproduced such photo or video or recording of sexual violence against women and their children. But had R.A
act or any similar activity with or without consideration 9995 in effect at that time, even if consent was allegedly,
although not proven, given by Katrina Halili, Hayden Kho
III. To sell or distribute or to cause to be sold or distributed can be held liable under the 2nd and the 3rd Act. He was so
, such photo or video or recording of sexual act, lucky that this law was not yet in effect at that time.
whether the original copy or reproduction thereof;
TITLE TWELVE which tend the child to lose his or her real civil
status
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
3. Concealing or abandoning any legitimate child with
(Articles 347 – 352) intent to cause such child to lose its civil status
The offender conceals or abandons the legitimate child
CHAPTER ONE – SIMULATION OF BIRTHS AND and the intention of the offender is to lose the child’s civil
USURPATION OF CIVIL STATUS status.
ART. 347 – SIMULATION OF BIRTHS, SUBSTITUTION It is necessary that the child is legitimate, not illegitimate.
OF ONE CHILD FOR ANOTHER AND CONCEALMENT
OR ABANDONMENT OF A LEGITIMATE CHILD
Q: A and B husband and wife had a child. the child was
THREE ACTS PUNISHED UNDER ART. 347: born without legs. So A and B could not accept the fact that
1. Simulation of birth their child has no legs. They brought the child in the forest
for the child to die, to a forest with no people. Thereafter,
Simulation of birth- takes place when the woman left the child. What crime is committed by A and B?
pretends to be pregnant when in fact she is not and on
the day of the delivery, takes the child of another as A: If the child died, and the child was less than 3
her own. days old, the crime committed is infanticide. If not,
the crime committed is attempted infanticide if the
child was later on discovered and rescued.
If the simulation is done in the birth certificate,
the crime committed is simulation of birth
If the simulation is done in any other document If the child is above 3 days old, the crime committed
aside from birth certificate, the crime committed would be parricide, in case the child died when left
is falsification of a public or private document as in the forest. Or, it not, attempted parricide.
the case may be.
Q: What if this husband and wife and the child that they
2. Substitution of a child with another have happens to be their 13th child. They already had 12
In substitution of a child with another, the classic children and these children are not going to school. So their
example is MARA and CLARA. 13th child was born and they wrapped the child in a nice
Mara was substituted as Clara and Clara was towel, placed it inside a basket and then placed it at the
substituted as Mara. As a result, Mara loses gate of the house of a rich family. Then they rang the bell.
her real civil status of being a daughter of a What crime is committed by the husband and the wife?
rich family and assumes a new civil status of
A: Violation of Art. 347 – Abandoning a legitimate
being a daughter of a poor family. The same
child with intent to lose its real civil status.
happened to Clara, Clara assumes a civil
Obviously, the intent of the parents is for the child,
status of being a daughter of a rich family and
their 13th child to lose its real civil status of being that
loses her real civil status of being a daughter
of a poor family and assume a new civil status of
of a poor family. Crime committed is
coming from a rich family because the child was left
Substitution of a child with another child
at the gate and the parents rang the bell.
Sample problem:
Bigamy shall be committed by any person who shall
contracts a second or subsequent marriage before A and B are married. B, the husband fell in love with
the former marriage has been legally dissolved, or another woman, and married the woman thereafter. It is
who shall contract a subsequent or second marriage now a bigamous married. A bigamous marriage is an
before the absent spouse has been declared otherwise valid marriage, except for the fact that there is a
presumptively dead, meaning in a decision made in subsisting marriage.
an appropriate proceedings.
The offender is a married person, but he contracted a
second or subsequent marriage, his previous
ART. 350 – MARRIAGE CONTRACTED AGAINST A: This is to en sure that there is no doubt as to the
PROVISIONS OF LAWS paternity of the child to be delivered, in order for the
child to know who is his father. Otherwise, if he is not
The penalty of prision correccional in its medium and
the one who died, he is the new husband of the wife.
maximum periods shall be imposed upon any person who,
without being included in the provisions of the next
proceeding article, shall have not been complied with or
The period of 301 days is only important if the
that the marriage is in disregard of a legal impediment.
woman is not pregnant
If the woman is pregnant at the time of the death or
at the time of the declaration of the nullity of
If either of the contracting parties shall obtain the consent
marriage, it is only at the time of the delivery of the
of the other by means of violence, intimidation or fraud, he
baby. After the baby is delivered, she can already
shall be punished by the maximum period of the penalty
marry because there is no doubt as to the paternity of
provided in the next preceding paragraph.
the child.
Nowadays, you can easily determine the paternity of
Illegal marriage- marriage contracted without the the child through DNA testing.
requisites of the law. ART. 352 – PERFORMANCE OF ILLEGAL MARRIAGE
Committed by any person who shall contract a CEREMONY
marriage knowing that he was not able to comply Priests or ministers of any religious denomination or sect,
with the requisites of law or if there is a legal or civil authorities who shall perform or authorize any illegal
impediment of the said marriage. marriage ceremony shall be punished in accordance with
In the Family Code, before one can contract a the provisions of the Marriage Law.
marriage, there is the so called essential and formal
requisites. All of these must be complied with. The
absence of any of these, the contracting parties
knows its absence, yet contracted the marriage, the
liability falls under Art. 350 f0r illegal marriage.
Q: What if A, in national television said, “ikaw B, isa kang ART. 354 – REQUIREMENT FOR PUBLICITY
estafadora”. A accused B of the crime of estafa. Is the
crime committed libel or oral defamation (slander)? Kinds of Privilege Communications (Exceptions)
A: The crime committed is LIBEL. According to the 1. A private communication made by any person to
Supreme Court, Television is within the phrase any another in the performance of any legal, moral or
similar means. social duty; and
2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial,
legislative or other official proceedings which are
not of confidential nature, or of any statement, Q: If you will not give me P100,000, I will publish on the
report or speech delivered in said proceedings, magazine, on the newspaper, your love letters to the said
or of any other act performed by public officers in man who is not your husband. What crime is committed?
the exercise of their functions.
A: Crime committed is Threatening to Publish
These are considered as privilege communications. a Libel, also a form of Blackmailing.
The said prosecution, the complainant must prove
malice, otherwise, there will be an acquittal of the
said offender or accused. BLACKMAILING – is an unlawful extortion of money
appearing [on the fears] of the offended party, can either be
light threats or threatening to publish libel
ART. 355 – LIBEL MEANS BY WRITINGS OR SIMILAR
It is light threats if the offender asks the money or
MEANS
any other consideration in exchange for a doing of a
A libel committed by means of writing, printing, lithography, wrong which does not constitute a crime.
engraving, radio, phonograph, painting, theatrical Otherwise, if the thing to be published would involve
exhibition, cinematographic exhibition, or any similar the morality of the person, then you are threatening
means, shall be punished by prision correccional in its to publish a libel.
minimum and medium periods or a fine ranging from 200 to
6,000 pesos, or both, in addition to the civil action which
may be brought by the offended party. Where do you file a case of Libel?
If the defamatory statement or article is published You file a case of Libel before the Regional Trial
through any of these means, then, the crime Court (RTC). Although the penalty for libel is prision
committed is LIBEL. correcional in its minimum and medium period, it
should be filed before the MTC under the Rules of
ART. 356 – THREATENING TO PUBLISH AND OFFER
Court, yet Revised Penal Code (RPC) itself, a
TO PRESENT SUCH PUBLICATION FOR A
substantive law, states that all libel cases must be
COMPENSATION
filed before the RTC.
The penalty of arresto mayor or a fine from 200 to 2,000 Rules of Court is only a procedural law. Therefore
pesos, or both, shall be imposed upon any person who the substantive law, the Revised Penal Code,
threatens another to publish a libel concerning him or the should be followed.
parents, spouse, child, or other members of the family of
the latter or upon anyone who shall offer to prevent the
publication of such libel for a compensation or money Where shall be these cases of libel be filed?
consideration. It depends. Generally, it should be filed before the
Art. 355 enumerates how libel can be committed: RTC where the article was printed or first published
1. Writing or the RTC where the offended party is residing at
2. Printing the time of the commission of the crime.
3. Lithography If the offended party is a public officer and is working
4. Engraving in City of Manila, it must be filed before RTC of
5. Radio
Manila or the RTC where the article was printed and
6. Phonograph
7. Painting first published.
8. Theatrical Exhibition If the public officer is not working in Manila, it shall be
9. Cinematographic Exhibition filed in the RTC of the province or city where he is
10. Any similar means working at the time of the commission of the offense
or where the libelous article was printed or was first
published.
Q: What if A told B, if you will not give me P100,000, I will
If libelous article refers to a private individual who is
inform your husband that you are having an affair with
the offended party, it can be filed before the RTC of
another man. What crime is committed by A?
the place where the private individual resides at the
A: Crime committed is Light Threats. It is a time of the actual commission of the offense or where
form of Blackmailing which constitutes light the libelous material was printed or first published.
threats.
ART. 357 – PROHIBITED PUBLICATION OF ACTS A: In the case of Pader vs. People, PUTANG INA
REFERRED TO IN THE COURSE OF OFFICIAL MO is not a slanderous remark. It is merely an
PROCEEDINGS expression of the Filipino People. When a Filipino is
sad, happy, angry or surprised, he says this word.
The penalty of arresto mayor or a fine of from 20 to 2,000
pesos, or both, shall be imposed upon any reporter, editor
or manager or a newspaper, daily or magazine, who shall
PADER v. PEOPLE
publish facts connected with the private life of another and
offensive to the honor, virtue and reputation of said person, There was a drunk man who passed by the house
even though said publication be made in connection with or of a political candidate. Their families are enemies. A told
under the pretext that it is necessary in the narration of any to the family of B, “putang ina mo B, magnanakaw ka sa
judicial or administrative proceedings wherein such facts bayan”. So because of this, B filed a case of oral
have been mentioned. defamation or slander.
The Supreme Court said that phrase is not
considered as a defamatory statement. It is a mere
ART. 358 – SLANDER
expression on the part of the Filipino People. The crime
Oral defamation shall be punished by arresto mayor in its committed by the offender is only SIMPLE ORAL
maximum period to prision correccional in its minimum DEFAMATION or SIMPLE SLANDER, not grave. Although
period if it is of a serious and insulting nature; otherwise the the offended party is running for a political position. The
penalty shall be arresto menor or a fine not exceeding 200 Court has taken into consideration the antecedent facts of
pesos. the case, their families are enemies of each other.
ORAL DEFAMATION/SLANDER ART. 359 – SLANDER BY DEED
1. Grave Slander- when serious and insulting in The penalty of arresto mayor in its maximum period to
nature. prision correccional in its minimum period or a fine ranging
2. Simple Slander from 200 to 1,000 pesos shall be imposed upon any person
who shall perform any act not included and punished in this
Factors to consider whether serious or insulting in
title, which shall cast dishonor, discredit or contempt upon
nature:
another person. If said act is not of a serious nature, the
- there are no concrete parameters in order to determine penalty shall be arresto menor or a fine not exceeding 200
whether the said defamatory statement is serious or pesos.
insulting in nature. You have to take into consideration
SLANDER BY DEED refers to the commission of acts, it
not only the grammar and meaning sense of the
does not refer to the use of words, with the intent to
statement, but also the:
blemish the credit and reputation of another person.
a. Personal relations of the accused and
the offended party It can also be
b. Facts and Circumstances surrounding
a. serious, grave slander by deed – serious and
the case
insulting
c. Social standing and position of the
b. simple slander by deed.
offended party.
DEFAMATORY – The latter contained libelous remarks Provided, further, That the civil action shall be filed in the
such us satan, senile, stupid, and English carabao same court where the criminal action is filed and vice
versa: Provided, furthermore, That the court where the
MALICIOUS – every defamatory imputation is presumed to
criminal action or civil action for damages is first filed, shall
be malicious, even if it be true, if NO GOOD INTENTIOON
acquire jurisdiction to the exclusion of other courts: And,
or JUSTIFIABLE MOTIVE for making it is shown
provided, finally, That this amendment shall not apply to
PUBLICLY – publication means the making the defamatory cases of written defamations, the civil and/or criminal
matter, after it is written, known to someone other than the actions which have been filed in court at the time of the
person against whom it has been written. It is enough that effectivity of this law.
the author of the libel has communicated it to a third
person.
Preliminary investigation of criminal action for written
- In addition, the open letter was found in a mailbox,
defamations as provided for in the chapter shall be
open to the public.
conducted by the provincial or city fiscal of the province or
city, or by the municipal court of the city or capital of the
IDENTIFIABLE – The libelous letter was addressed to the province where such action may be instituted in
respondent himself. accordance with the provisions of this article.
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio
Section two: General Provisions shall be brought except at the instance of and upon
[not discussed] complaint expressly filed by the offended party. (As
amended by R.A. 1289, approved June 15, 1955, R.A.
ART. 360 – PERSONS RESPONSIBLE.
4363, approved June 19, 1965).
Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by
similar means, shall be responsible for the same. ART. 361 – PROOF OF THE TRUTH
The author or editor of a book or pamphlet, or the editor or In every criminal prosecution for libel, the truth may be
business manager of a daily newspaper, magazine or serial given in evidence to the court and if it appears that the
publication, shall be responsible for the defamations matter charged as libelous is true, and, moreover, that it
contained therein to the same extent as if he were the was published with good motives and for justifiable ends,
author thereof. the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not
constituting a crime shall not be admitted, unless the
The criminal and civil action for damages in cases of imputation shall have been made against Government
written defamations as provided for in this chapter, shall be
employees with respect to facts related to the discharge of sachet of shabu in the pocket of B and then he told the
their official duties. police that B has a shabu inside his pocket. What crime if
any is committed by A?
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted. A: Crime committed is Sec. 29 of R.A. 9165,
planting of evidence. If what has been planted is
any dangerous drugs, the crime committed is
ART. 362 – LIBELOUS REMARKS. particular, Sec. 29 of R.A. 9165, because the special
Libelous remarks or comments connected with the matter penal law specifically punishes the planting of
privileged under the provisions of Article 354, if made with dangerous drugs. If it is any other thing, a necklace
malice, shall not exempt the author thereof nor the editor or was lost and A planted it inside the bag of B, the
managing editor of a newspaper from criminal liability. crime committed is incriminating innocent persons.
CHAPTER TWO – INCRIMINATORY MACHINATIONS Q: What if a police officer was mad at X, and so what he
did was, while X was sitting, he deliberately planted an
ART. 363 – INCRIMINATING INNOCENT PERSON unlicensed firearm inside the bag of X and thereafter
Any person who, by any act not constituting perjury, shall arrested X, what crime is committed by the said police
directly incriminate or impute to an innocent person the officer?
commission of a crime, shall be punished by arresto A: He committed unlawful arrest. He arrested X
menor. without any justifiable reason thereof. He
incriminates upon the innocent person the
commission of the crime which is illegal
Act commited by any person, directly incriminating or
possession of unlicensed firearm. So here,
imputes to an innocent person the commission of the
unlawful arrest was committed by incriminating
crime outside perjury
innocent persons. UNLAWFUL ARREST
It is necessary that it must not be made on an
THROUGH INCRIMINATING INNOCENT
affidavit, because if it is through an affidavit, it will be
PERSONS. It is a complex crime under Art. 48 of
perjury.
Book I because the incriminating of innocent
EXCEPTIONS:
persons is a necessary means to commit unlawful
o perjury (sworn affidavit), or
arrest.
o sec 29 of RA 9165 (Planting of evidence)
Sole Chapter – CRIMINAL NEGLIGENCE Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending to
Art. 365 – IMPRUDENCE AND NEGLIGENCE be caused is not immediate nor the danger clearly
Any person who, by reckless imprudence, shall commit manifest.
any act which, had it been intentional, would constitute a The penalty next higher in degree to those provided for in
grave felony, shall suffer the penalty of arresto mayor in its this article shall be imposed upon the offender who fails to
maximum period to prision correccional in its medium lend on the spot to the injured parties such help as may be
period; if it would have constituted a less grave felony, the in this hand to give. (As amended by R.A. 1790, approved
penalty of arresto mayor in its minimum and medium June 21, 1957).
periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period
shall be imposed. IVLER v. HON MODESTO
Any person who, by simple imprudence or negligence, There was this vehicular accident and the husband, Ponce,
shall commit an act which would otherwise constitute a died. The wife suffered only slight physical injuries. Two
grave felony, shall suffer the penalty of arresto mayor in its charges were filed in the court: Reckless Imprudence
medium and maximum periods; if it would have constituted Resulting to Slight Physical Injuries and Reckless
a less serious felony, the penalty of arresto mayor in its Imprudence Resulting to Homicide and Damage to
minimum period shall be imposed. Property. In the case of Reckless Imprudence Resulting to
When the execution of the act covered by this article shall Slight Physical, Jason Ivler immediately pleaded guilty to
have only resulted in damage to the property of another, the crime charged. The judgment became final and
the offender shall be punished by a fine ranging from an executory. During the arraignment of Reckless
amount equal to the value of said damages to three times Imprudence Resulting to Homicide and Damage to
such value, but which shall in no case be less than twenty- Property, the council of Jason Ivler filed a motion to quash
five pesos. claiming that he can no longer be prosecuted for Reckless
Imprudence Resulting to Homicide and Damage to
A fine not exceeding two hundred pesos and censure shall Property because he has already been convicted of
be imposed upon any person who, by simple imprudence Reckless Imprudence Resulting to Slight Physical Injuries.
or negligence, shall cause some wrong which, if done He cannot be prosecuted based on the same offense
maliciously, would have constituted a light felony. otherwise; the accused will be placed in double jeopardy.
In the imposition of these penalties, the court shall exercise This was denied so it went up to the SC by a petition for
their sound discretion, without regard to the rules certiorari. The SC said, Jason Ivler and his counsel are
prescribed in Article sixty-four. correct. A person can no longer be prosecuted for
Reckless Imprudence Resulting to Homicide and Damage
The provisions contained in this article shall not be
to Property after he is convicted of Reckless Imprudence
applicable:
Resulting to Slight Physical Injuries. SC said, what is being
1. When the penalty provided for the offense is punished is the reckless imprudence. Since what is
equal to or lower than those provided in the first punished is reckless imprudence the damage to property
two paragraphs of this article, in which case the and slight physical injuries or homicide are only resulting
court shall impose the penalty next lower in degree felonies. Since they are only resulting felonies, since the
than that which should be imposed in the period crime being punished is the imprudence or negligence,
which they may deem proper to apply. one can no longer be prosecuted or convicted after he has
2. When, by imprudence or negligence and with already been convicted and prosecuted of the same
violation of the Automobile Law, to death of a offense. Reckless imprudence and simple negligence are
person shall be caused, in which case the crimes by themselves. THEY ARE QUASI-OFFENSES.
defendant shall be punished by prision correccional Therefore, to prosecute a person after he has been
in its medium and maximum periods. convicted of simple negligence, will result to double
jeopardy.
Reckless imprudence consists in voluntary, but without
malice, doing or falling to do an act from which material
Take note of the case of Ivler v. Hon Modesto. the imprudence and negligence. Homicide and
damage to property are merely results of the said
Reckless imprudence or negligence is the crime itself.
imprudence or negligence.
Hence, once committed or acquitted of a specific act of
reckless imprudence, the accused may not be prosecuted
again for that same act. For the essence of the quasi
Remember also that under Art 265 that if the result of
offense of criminal negligence under Art 365 of the RPC
imprudence or negligence is only damage to property
lies in the execution of an imprudent or negligent act that if
the penalty shall only be fine. There is no penalty of
intentionally done, would be punishable as a felony. The
imprisonment.
law penalizes thus the negligent or careless act, not the
result thereof. The gravity of the consequence is only taken
into account to determine the penalty; it does not qualify
the substance of the offense. And, as the careless act is
single, whether the injurious result should affect one person
or several persons, the offense (criminal negligence)
remains one and the same, and cannot be split into
different crimes and prosecutions.
1st case: reckless imprudence resulting to slight physical
injuries
2nd case: reckless imprudence resulting to homicide and
damage to property
One quasi-offense cannot give rise to another
quasi-offense.
Note simple negligence is not a means to commit
a crime. They are crimes by themselves.