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U.P. LAW BOC
CRIMINAL LAW
U.P. LAW BOC
CRIMINAL LAW
U.P. LAW BOC
CRIMINAL LAW
TABLE OF CONTENTS
CRIMINAL LAW I ...................................................... 1
I.
PRINCIPLES OF CRIMINAL LAW ........................... 2
A. GENERAL PRINCIPLES ............................... 2
1. Mala in se and Mala prohibita ................... 2
2. Scope and Characteristics ........................ 3
a. Generality ............................................. 3
b. Territoriality ........................................... 5
c.
Prospectivity ......................................... 7
3. Pro Reo Principle ...................................... 7
4. Interpretation of Penal Laws ..................... 7
5. Retroactive Application if Favorable to the
Accused ....................................................... 7
B. FELONIES .................................................... 8
1. Criminal Liabilities ..................................... 8
a. Classification of Felonies ...................... 8
b. Aberratio Ictus, Error in Personae and
Praeter Intentionem ............................ 13
c.
Impossible Crimes .............................. 14
d. Stages of Execution ............................ 15
e. Continuing Crimes .............................. 17
f.
Complex Crimes and Composite Crimes
............................................................ 18
2. Circumstances Affecting Criminal Liability ..
................................................................ 21
a. Justifying Circumstances [Art. 11] ...... 21
b. Exempting Circumstances [Art. 12] .... 27
c.
Mitigating Circumstances [Art. 13] ...... 32
d. Aggravating Circumstances [Art. 14] .. 41
e. Alternative Circumstances [Art. 15] .... 61
f.
Absolutory Causes .............................. 63
3. Persons Liable and Degree of Participation
................................................................ 65
b. Conspiracy and Proposal .................... 72
c.
Multiple Offenders ............................... 75
4. Penalties ................................................. 79
a. Imposable Penalties ........................... 80
b. Classification ....................................... 80
c.
Duration and Effects ........................... 81
d. Application .......................................... 86
e. Graduation of Penalties ...................... 91
f.
Accessory Penalties ........................... 97
5. Execution and Service of Penalties ........ 99
a. Three-Fold Rule ................................ 100
b. Probation Law [P.D. 968, as amended
by R.A. 10707] .................................. 101
c.
Juvenile Justice and Welfare Act (R.A.
9344, as amended) ........................... 105
d. Republic Act No. 10951 .................... 110
6. Extinction of Criminal Liabilities ............ 112
a. Total Extinction ................................. 112
b. Partial Extinction ............................... 116
c.
Compromise and Affidavit of Desistance
.......................................................... 118
7. Civil Liabilities Arising from Criminal Cases
.............................................................. 118
a. General Rule ..................................... 118
b. What Civil Liability Includes .............. 119
c.
Persons Civilly Liable ........................ 122
d. Extinction of Civil Liability .................. 122
e. Special Cases ................................... 122
f.
Subsidiary Liability of Other Persons 123
CRIMINAL LAW II ................................................. 125
II. CRIMES UNDER THE REVISED PENAL CODE ...... 126
A. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS [ARTS. 114-123] . 126
1. Chapter I: Crimes against National Security
.............................................................. 126
a. Article 114 - Treason ......................... 126
b. Article 115 – Conspiracy and Proposal to
Commit Treason ............................... 128
c.
Article 116 – Misprision of Treason ... 128
d. Article 117 – Espionage .................... 129
e. Article 118 – Inciting to War or Giving
Motives for Reprisals ........................ 129
f.
Article 119 - Violation of Neutrality .... 130
g. Article 120 – Correspondence with
Hostile Country ................................. 130
h. Article 121 – Flight to Enemy’s Country
130
i.
Article 122 – Piracy in General and
Mutiny on the High Seas or in Philippine
Waters ............................................... 130
j.
Article 123 – Qualified Piracy ............ 131
B. CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE [ARTS. 124 - 133] .......... 131
1. Chapter I: Arbitrary Detention or Expulsion,
Violation of Dwelling, Prohibition, Interruption,
and Dissolution of Peaceful Meetings and
Crimes Against Religious Worship ............ 131
a. Article 124 - Arbitrary Detention ........ 131
b. Article 125 - Delay in the Delivery of
Detained Persons to the Proper Judicial
Authorities ......................................... 132
c.
Article 126 - Delaying Release .......... 133
d. Article 127 – Expulsion ..................... 133
e. Article 128 – Violation of Domicile .... 133
f.
Article 129 - Search Warrants
Maliciously Obtained and Abuse in the
Service of those Legally Obtained .... 134
g. Article 130 - Searching Domicile Without
Witnesses ......................................... 134
h. Article 131 - Prohibition, Interruption and
Dissolution of Peaceful Meetings ...... 135
i.
Article 132 - Interruption of Religious
Worship ............................................. 135
j. .... Article 133 - Offending the Religious
Feelings ............................................ 135
C. CRIMES AGAINST PUBLIC ORDER [ARTS.
134 - 160] ........................................................... 136
1. Chapter I: Rebellion, Coup d’etat, Sedition,
and Disloyalty ................................................ 136
a. Article 134 - Rebellion or Insurrection136
b. Article 134-A - Coup d’État ............... 137
c.
Art 135 - Penalty for Rebellion,
Insurrection or Coup d’état ........................ 137
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d. Article 136 - Conspiracy and Proposal to
Commit Coup d’état, Rebellion or Insurrection
138
e. Article 137 - Disloyalty of Public Officers
or Employees ............................................ 138
f.
Article 138 - Inciting to Rebellion or
Insurrection ............................................... 138
g. Article 139 – Sedition ........................ 139
h. Art. 140 - Penalty for sedition ........... 140
i.
Article 141 - Conspiracy to Commit
Sedition ..................................................... 140
j.
Article 142 - Inciting to Sedition ........ 140
2. Chapter II: Crimes against Popular
Representation .............................................. 141
a. Article 143 - Acts Tending to Prevent the
Meeting of the Assembly and Similar Bodies
141
b. Article 144 - Disturbance of Proceedings
141
c.
Article 145 - Violation of Parliamentary
Immunity .................................................... 141
3. Chapter III: Illegal Assemblies and
Associations .................................................. 142
a. Article 146 - Illegal Assemblies ......... 142
b. Article 147 - Illegal Associations ....... 143
4. Chapter IV: Assault upon, and Resistance
and Disobedience to Persons in Authority and
Their Agents .................................................. 143
a. Article 148 - Direct Assaults .............. 143
b. Article 149 - Indirect Assaults ........... 144
c.
Article 150 - Disobedience to summons
issued by the National Assembly, its
Committees or Subcommittees, or divisions
144
d. Article 151 - Resistance and
Disobedience to a Person in Authority or the
Agents of Such Person. ............................ 145
e. Article 152 - Persons in authority and
agents of persons in authority ................... 145
5. Chapter V: Public Disorders .................. 146
a. Article 153 - Tumults and Other
Disturbances of Public Order .................... 146
b. Article 154 - Unlawful Use of Means of
Publication and Unlawful Utterances ........ 146
c.
Article 155 - Alarms and Scandals .... 147
d. Article 156 - Delivering Prisoners from
Jail 147
6. Chapter VI: Evasion of Service of Sentence
147
a. Article 157 - Evasion of Service of
Sentence ................................................... 148
b. Article 158 - Evasion of Service of
Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other
Calamities ................................................. 148
c.
Article 159 - Other Cases of Evasion of
Service of Sentence .................................. 149
7. Chapter VII: Commission of Another Crime
During Service of Penalty Imposed for Another
Previous Offense ........................................... 149
CRIMINAL LAW
a. Article 160 - Commission of another
crime during service of penalty imposed for
another previous offense - Penalty ............ 149
D. CRIMES AGAINST PUBLIC INTEREST [ARTS.
161-187] ............................................................. 150
1. Chapter I: Forgeries .............................. 150
a. Article 161 – Counterfeiting the Great
Seal of the Government of the Philippine
Islands, Forging the Signature or Stamp of the
Chief Executive ......................................... 150
b. Article 162 – Using Forged Signature or
Counterfeit Seal or Stamp ......................... 150
c.
Article 163 – Making and Importing and
Uttering False Coins .................................. 150
d. Article 164 – Mutilation of Coins ....... 151
e. Article 165 – Selling of False or
Mutilated Coin, without Connivance .......... 151
f.
Article 166 – Forging Treasury or Bank
Notes or Other Documents Payable to Bearer;
Importing and Uttering Such False or Forged
Notes and Documents ............................... 152
g. Article 167 – Counterfeiting, Importing,
and Uttering Instruments Not Payable to
Bearer ........................................................ 153
h. Article 168 – Illegal Possession and Use
of False Treasury or Bank Notes and Other
Instruments of Credit ................................. 153
i.
Article 169 – How Forgery is Committed
153
j.
Article 170 – Falsification of Legislative
Documents ................................................ 154
k.
Article 171 – Falsification by Public
Officer, Employee or Notary or Ecclesiastical
Minister ...................................................... 154
l.
Article 172 – Falsification by Private
Individual and Use of Falsified Documents 156
m.
Article 173 – Falsification of Wireless,
Cable, Telegraph and Telephone Messages,
and Use of Said Falsified Messages ......... 158
n. Article 174 – False Medical Certificates,
False Certificates of Merits of Service, Etc.
158
o. Article 175 – Using False Certificates 158
p. Article 176 – Manufacturing and
Possession of Instruments or Implements for
Falsification ............................................... 159
2. Chapter II: Other Falsities ..................... 159
a. Article 177 – Usurpation of Authority or
Official Functions ....................................... 159
b. Article 178 – Using Fictitious and
Concealing True Name ............................. 159
c.
Article 179 – Illegal Use of Uniforms and
Insignia ...................................................... 160
d. Article 180 – False Testimony Against a
Defendant .................................................. 160
e. Article 181 – False Testimony Favorable
to the Defendant ........................................ 161
f.
Article 182 – False Testimony in Civil
Cases ........................................................ 161
g. Article 183 – False Testimony in Other
Cases and Perjury in Solemn Affirmation .. 161
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h. Article 184 – Offering False Testimony in
Evidence ................................................... 162
3. Chapter III: Frauds ................................ 162
a. Article 185 – Machinations in Public
Auctions .................................................... 162
b. Article 186 – Monopolies and
Combinations in Restraint of Trade ........... 162
c.
Article 187 – Importation and Disposition
of Falsely Marked Articles or Merchandise
Made of Gold, Silver, or other Precious Metals
or their Alloys ............................................ 163
E. CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS [ARTS. 190 TO 194] ......... 163
F. CRIMES AGAINST PUBLIC MORALS ...... 170
1. Chapter I: Gambling and Betting ........... 170
a. ANTI-GAMBLING LAW (PD. 1602 as
amended by RA 9287 [ANTI-ILLEGAL
NUMBERS GAMES LAW]) ....................... 170
b. INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES (PD 9287) . 171
c.
Article 196 – Importation, Sale and
Possession of Lottery Tickets and
Advertisements ......................................... 172
d. Article 197 – Betting in Sports Contests
(Repealed by PD 483) ............................... 172
PENALIZING BETTING, GAME FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS (PD 483) .................. 172
e. Article 198 – Illegal Betting On Horse
Races [Repealed by Act. 309, as amended by
RA 983] ..................................................... 173
f.
Article 199 – Illegal Cockfighting
[amended by PD 449] ............................... 173
2. Chapter II: Offenses Against Decency and
Good Customs .............................................. 174
a. Article 200 – Grave Scandal ............. 174
b. Article 201 – Immoral Doctrines,
Obscene Publications and Exhibitions and
Indecent Shows (as amended by PD 960 and
969) 175
c.
Article 202 – Vagrants and Prostitutes
(as amended by RA 10158) ...................... 175
G. CRIMES COMMITTED BY PUBLIC
OFFICERS ........................................................ 176
1. Chapter I: Preliminary Provisions .......... 176
a. Article 203 – Who Are Public Officers176
2. Chapter II: Malfeasance and Misfeasance
in Office ......................................................... 177
a. Article 204 – Knowingly Rendering
Unjust Judgment; and ............................... 177
b. Article 205 – Judgment Rendered
Through Negligence .................................. 177
c.
Article 206 – Unjust Interlocutory Order
178
d. Article 207 – Malicious Delay in the
Administration of Justice ........................... 178
e. Article 208 – Prosecution of Offenses;
Negligence and Tolerance ........................ 179
f.
Article 209 – Betrayal of Trust by an
Attorney or a Solicitor – Revelation of Secrets
179
CRIMINAL LAW
g. Article 210 – Direct Bribery ............... 180
h. Article 211 – Indirect Bribery ............. 181
i.
Article 211-A – Qualified Bribery ....... 182
j.
Article 212 – Corruption of Public
Officials ...................................................... 182
3. Chapter III: Frauds and Illegal Exactions
and Transactions ........................................... 183
a. Article 213 – Fraud Against the Public
Treasury and Similar Offenses .................. 183
b. Article 214 – Other Frauds ................ 184
c.
Art. 215 – Prohibited Transactions .... 184
d. Article 216 – Possession of Prohibited
Interest by a Public Officer ........................ 184
4. Chapter IV: Malversation of Public Funds
or Property ..................................................... 184
a. Article 217 – Malversation of Public
Funds or Property - Presumption of
Malversation .............................................. 184
b. Article 218 – Failure of Accountable
Officer to Render Accounts ....................... 186
c.
Article 219 – Failure of a Responsible
Public Officer to Render Accounts Before
Leaving the Country .................................. 187
d. Article 220 – Illegal Use of Public Funds
or Property ................................................. 187
e. Article 221 - Failure to Make Delivery of
Public Funds or Property ........................... 187
f.
Article 222 – Officers Included in the
Preceding Provisions ................................. 188
5. Chapter V: Infidelity of Public Officers ... 188
a. Article 223 – Conniving With or
Consenting to Evasion .............................. 188
b. Article 224 – Evasion through
Negligence ................................................ 189
c.
Article 225 – Escape of Prisoner under
the Custody of a Person Not a Public Officer
189
d. Article 226 – Removal, Concealment, or
Destruction of Documents ......................... 190
e. Article 227 – Officer Breaking Seal ... 190
f.
Article 228 – Opening of Closed
Documents ................................................ 190
g. Article 229 – Revelation of Secrets by an
Officer ........................................................ 191
h. Article 230 – Public Officers Revealing
Secrets of Private Individuals .................... 191
6. Chapter VI: Other Offenses or Irregularities
by Public Officers ........................................... 192
a. Article 231 – Open Disobedience ..... 192
b. Article 232 – Disobedience to the Order
of Superior Officer When Said Order Was
Suspended by Inferior Officer .................... 192
c.
Article 233 – Refusal of Assistance .. 192
d. Article 234 – Refusal to Discharge
Elective Office ........................................... 192
e. Article 235 – Maltreatment of Prisoners
193
f.
Article 236 – Anticipation of Duties of a
Public Officer ............................................. 193
g. Article 237 – Prolonging Performance of
Duties and Powers .................................... 194
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h. Article 238 – Abandonment of Office or
Position ..................................................... 194
i.
Article 239 – Usurpation of Legislative
Powers ...................................................... 194
j.
Article 240 – Usurpation of Executive
Functions ................................................... 194
k.
Article 241 – Usurpation of Judicial
Functions ................................................... 195
l.
Article 242 – Disobeying Request for
Disqualification .......................................... 195
m.
Article 243 – Orders or Request by
Executive Officer to Any Judicial Authority 195
n. Article 244 – Unlawful Appointments 195
o. Article 245 – Abuses Against Chastity
195
H. CRIMES AGAINST PERSONS ................. 196
1. Chapter I: Destruction of Life ................ 196
a. Article 246 – Parricide ....................... 196
b. Article 247 – Death or Physical Injuries
Under Exceptional Circumstances ............ 197
c.
Article 248 – Murder ......................... 197
d. Article 249 – Homicide ...................... 198
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide .................. 199
f.
Article 251 - Death Caused in
Tumultuous Affray ..................................... 199
g. Article 252 - Physical Injuries Caused in
Tumultuous Affray ..................................... 200
h. Article 253 - Giving Assistance to
Suicide ...................................................... 200
i.
Article 254 - Discharge of Firearms .. 200
j.
Article 255 – Infanticide .................... 201
k.
Article 256 - Intentional Abortion ....... 202
l.
Article 257 - Unintentional Abortion .. 202
m.
Article 258 - Abortion Practiced by the
Woman Herself or by Parents ................... 203
n. Article 259 - Abortion by a Physician or
Midwife and Dispensing of Abortives ........ 203
o. Article 260 - Responsibility of
Participants in a Duel ................................ 204
p. Article 261 - Challenging to a Duel ... 204
2. Chapter II: Physical Injuries .................. 204
a. Article 262 – Mutilation ..................... 204
b. Article 263 - Serious Physical Injuries
205
c.
Article 264 - Administering Injurious
Substances or Beverages ......................... 206
d. Article 265 - Less Serious Physical
Injuries ....................................................... 206
e. Article 266 - Slight Physical Injuries and
Maltreatment ............................................. 207
3. Chapter III : Rape .................................. 208
a. Article 266 - A – Rape (as amended by
RA 8353) ................................................... 208
b. Article 266 - B – Qualified Rape ....... 210
c.
Art. 266 - C - Effect of Pardon .......... 210
d. Art. 266 - D - Presumptions .............. 211
I.
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY ................................................ 211
1. Chapter I: Crimes Against Liberty ......... 211
CRIMINAL LAW
a. Article 267 - Kidnapping and Serious
Illegal Detention ......................................... 211
b. Article 268 - Slight Illegal Detention .. 212
c.
Article 269 - Unlawful Arrest ............. 213
d. Article 270 - Kidnapping and Failure to
Return a Minor ........................................... 213
e. Article 271 - Inducing a Minor to
Abandon His Home ................................... 214
f.
Article 272 – Slavery ......................... 214
g. Article 273 - Exploitation of Child Labor
214
h. Article 274 - Services Rendered Under
Compulsion in Payment of Debt ................ 214
2. Chapter II: Crimes Against Security ...... 215
a. Article 275 - Abandonment of Persons in
Danger and Abandonment of Own Victim . 215
b. Article 276 - Abandoning a Minor ...... 215
c.
Article 277 - Abandonment of Minor by
Person Entrusted With Custody; Indifference
of Parents .................................................. 216
d. Article 278 - Exploitation of Minors ... 216
e. Article 279 – Additional Penalties for
Other Offenses .......................................... 217
f.
Article 280 - Qualified Trespass to
Dwelling ..................................................... 217
g. Article 281 - Other Forms of Trespass
219
h. Article 282 - Grave Threats ............... 219
i.
Article 283 - Light Threats ................. 220
j.
Article 284 - Bond for Good Behavior 220
k.
Article 285 – Other Light Threats ...... 221
l.
Article 286 - Grave Coercions ........... 221
m.
Article 287 - Light Coercions ......... 222
n. Article 288 - Other Similar Coercions 222
o. Article 289 - Formation, Maintenance,
and Prohibition of Combination of Capital or
Labor through Violence or Threats (repealed
by Labor Code) .......................................... 223
3. Chapter III: Discovery and Revelation of
Secrets .......................................................... 223
a. Article 290 - Discovering Secrets
through Seizure of Correspondence ......... 223
b. Article 291 - Revealing Secrets with
Abuse of Office .......................................... 223
c.
Article 292 - Revelation of Industrial
Secrets ...................................................... 224
J.
CRIMES AGAINST PROPERTY ............... 224
1. Chapter I: Robbery in General .............. 224
a. Article 293 – Who Are Guilty of Robbery
224
b. Article 294 – Robbery with Violence or
Intimidation of Persons .............................. 226
c.
Art. 295 – Robbery with Physical Injuries
Committed in an Uninhabited Place and by a
Band or With the Use of a Firearm on a
Street, Road or Alley ................................. 229
d. Art. 296 – Definition of a Band and
Penalty Incurred by the Members thereof . 229
e. Article 297 – Attempted and Frustrated
Robbery Committed under Circumstances 230
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f.
Article 298 – Execution of Deeds by
Means of Violence or Intimidation ............. 231
g. Article 299 – Robbery in an Inhabited
House/Public Building or Edifice Devoted to
Worship ..................................................... 231
h. Article 300 – Robbery in an Uninhabited
Place and by a Band ................................. 232
i.
Article 301 – What is an Inhabited
House, Public Building or Building Dedicated
to Religious Worship and Their Dependencies
233
j.
Article 302 – Robbery in an Uninhabited
Place or in a Private Building .................... 233
k.
Article 303 – Robbery of Cereals, Fruits,
or Firewood in an Uninhabited Place or
Private Building ......................................... 234
l.
Article 304 – Possession of Picklocks or
Similar Tools ............................................. 234
m.
Article 305 – False Keys ............... 234
2. Chapter II: Brigandage .......................... 234
a. Article 306 – Brigandage .................. 235
b. Article 307 – Aiding and Abetting a Band
of Brigands ................................................ 235
3. Chapter III: Theft ................................... 236
a. Article 308 – Who are Liable for Theft
236
b. Article 309 – Penalties ...................... 237
c.
Article 310 – Qualified Theft ............. 237
d. Article 311 – Theft of Property of the
National Library and National Museum ..... 238
4. Chapter IV: Usurpation ......................... 239
a. Article 312 – Occupation of Real
Property or Usurpation of Real Rights in
Property ..................................................... 239
b. Article 313 – Altering Boundaries or
Landmarks ................................................ 239
5. Chapter V: Culpable Insolvency ............ 239
a. Article 314 – Fraudulent Insolvency .. 239
6. Chapter VI: Swindling and Other Deceits
240
a. Article 315 – Swindling or Estafa ...... 240
b. Article 316 – Other Forms of Swindling
246
c.
Article 317 – Swindling a Minor ........ 247
d. Article 318 – Other Deceits ............... 248
7. Chapter VII: Chattel Mortgage .............. 248
a. Article 319 - Removal, Sale, or Pledge of
Mortgaged Property .................................. 248
8. Chapter VIII : Arson and Other Crimes
Involving Destruction ..................................... 248
a. Articles 320-326B (Repealed by PD
1613, as amended by RA 7659) ............... 248
9. Chapter IX – Malicious Mischief ............ 250
a. Art. 327 - Who are Liable for Malicious
Mischief ..................................................... 250
b. Art. 328 – Special Cases of Malicious
Mischief ..................................................... 250
c.
Art. 329 – Other Mischiefs ................ 251
d. Art. 330 – Damage and Obstruction to
Means of Communication ......................... 251
CRIMINAL LAW
e. Art. 331 – Destroying or Damaging
Statues, Public Monuments or Paintings ... 252
10.
Chapter X – Exemption from Criminal
Liability Against Property ............................... 252
a. Art. 332 – Persons Exempt from
Criminal Liability ........................................ 252
K. CRIMES AGAINST CHASTITY ................. 252
1. Chapter I – Adultery and Concubinage . 252
a. Article 333 – Adultery ........................ 252
b. Article 334 – Concubinage ................ 254
2. Chapter II – Rape and Acts of
Lasciviousness .............................................. 254
a. Article 335 – When and How Rape is
Committed (repealed by RA No. 8353) ..... 254
b. Article 336 - Acts of Lasciviousness . 255
3. Chapter III – Seduction, Corruption of
Minors and White Slave Trade ...................... 256
a. Article 337 - Qualified Seduction ....... 256
b. Article 338 - Simple Seduction .......... 257
c.
Article 339 - Acts of Lasciviousness with
the Consent of the Offended Party ............ 258
d. Article 340 - Corruption of Minors (as
amended by BP Blg. 92) ........................... 258
e. Article 341 - White Slave Trade ........ 259
4. Chapter IV - Abduction .......................... 259
a. Article 342 - Forcible Abduction ........ 259
b. Article 343 - Consented Abduction ... 260
5. Chapter V: Provisions Relating to the
Preceding Chapters of Title 11 ...................... 261
a. Article 344 - Prosecution of Private
Offenses .................................................... 261
b. Article 345: Civil Liability of Persons
Guilty of Crimes Against Chastity .............. 262
c.
Article 346 – Liability of Ascendants,
Guardians, Teachers and Other Persons
Entrusted with the Custody of the Offended
Party .......................................................... 262
L. CRIMES AGAINST THE CIVIL STATUS OF
PERSONS ......................................................... 263
1. Chapter I: Simulation of Births and
Usurpation of Civil Status .............................. 263
a. Article 347 - Simulation of Births,
Substitution of One Child for Another, and
Concealment or Abandonment of a Legitimate
Child 263
b. Article 348 - Usurpation of Civil Status
264
2. Chapter II: Illegal Marriages .................. 264
a. Article 349 – Bigamy ......................... 264
b. Article 350 - Marriage Contracted
against Provisions of Laws ........................ 266
c.
Article 351 - Premature Marriage
(Repealed by RA No. 10655) .................... 266
d. Article 352 - Performance of Illegal
Marriage Ceremony ................................... 266
M.
CRIMES AGAINST HONOR.................. 266
1. Chapter I – Libel .................................... 266
a. Article 353 - Libel .............................. 266
b. Art. 354 – Requirement of Publicity .. 268
c.
Art. 355 – Libel by Means of Writings or
Similar Means ............................................ 270
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d. Art. 356 – Threatening to Publish and
Offer to Prevent such Publication for a
Compensation ........................................... 271
e. Art. 357 – Prohibited Publication of Acts
Referred to in the Course of Official
Proceedings .............................................. 271
f.
Art. 358 – Slander ............................. 271
g. Art. 359 – Slander by Deed .............. 272
h. Art. 360 – Persons Responsible for Libel
273
i.
Art. 361 – Proof of Truth ................... 274
j.
Art. 362 – Libelous Remarks ............ 274
2. Chapter II – Incriminatory Machinations 274
a. Art. 363 – Incriminating Innocent
Persons ..................................................... 274
b. Art. 364 – Intriguing Against Honor ... 275
N.
QUASI-OFFENSES .............................. 276
1. Sole Chapter ......................................... 276
a. Art. 365 – Criminal Negligence ......... 276
CRIMINAL LAW
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CRIMINAL LAW I
CRIMINAL LAW I
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CRIMINAL LAW
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CRIMINAL LAW I
4. Alters legal rules of Evidence and
authorizes
conviction
upon
less/different testimony
5. Assumes to regulate civil Rights and
remedies only
6. Deprives accused of lawful Protection
to which he is entitled [In Re: Kay
Villegas Kami, G.R. No. L-32485
(1970)]
I. PRINCIPLES OF
CRIMINAL LAW
A. GENERAL PRINCIPLES
Definition of Criminal Law
That branch of public substantive law which
defines crimes, treats of their nature, and
provides for their punishment. [REYES, Book
1]
Crime
An act committed or omitted in violation of a
public law forbidding or commanding it. It is a
generic term used to refer to a wrongdoing
punished by either the RPC or a special law.
[ORTEGA]
Nullum crimen nulla poena sine lege
There is no criminal liability if the act is not
punishable by a particular provision in penal
law or special penal law. There is no crime
when there is no law punishing it. [Potenciano
Evangelista v. People, G.R. Nos. 108135-36,
14 (2000)]
Sources of Criminal Law:
1. Revised Penal Code (Act No. 3815)
2. Special Penal laws
3. Penal Presidential Decrees issued during
Martial Law
4. Local Ordinances
LIMITATIONS ON POWER OF CONGRESS
TO ENACT PENAL LAWS [Ex-DPP]
1. No Ex post facto law or bill of attainder shall
be enacted. [Art. III, Sec. 22, 1987
Constitution]
Ex post facto law [CA-PERP]:
1. Makes Criminal an act which was
innocent when done
2. Aggravates a crime/makes it greater
than when it was committed
3. Inflicts a greater Punishment than
prescribed when committed
CRIMINAL LAW
Bill of Attainder – inflicts punishment
without trial, substituting a legislative act
for a judicial determination of guilt
[People v. Ferrer, G.R. No. L-32613-14
(1972)]
2. No person shall be held to answer for a
criminal offense without Due Process of
law. [Art. III, Sec. 14(1), 1987 Constitution]
3. Excessive fines shall not be imposed, nor
cruel, degrading or inhuman Punishment
inflicted. [Art. III, Sec. 19(1), 1987
Constitution]
1. Mala in se and Mala prohibita
Mala in Se
Mala Prohibita
(“Evil in Itself”)
(“Prohibited Evil”)
Definition
An act that is
A crime or an act
considered a crime
that is inherently
because it is
immoral, such as
prohibited by
murder, arson, or
statute, although the
rape [Black’s Law
act itself is not
Dictionary, 9th ed.]
necessarily immoral
[Black’s Law
Dictionary, 9th ed.]
As to Laws Violated
General Rule: RPC Special Laws
Exception: A crime
is mala in se, even if
punishable under a
special law, when
the acts are
inherently immoral
(e.g., plunder).
[Estrada v.
Sandiganbayan,
G.R. No. 148560
(2001)]
Page 2 of 286
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CRIMINAL LAW
CRIMINAL LAW I
As to Use of Good Faith as a Defense
Valid defense
General Rule: Not
a valid Defense
Exceptions:
1. Civilian guards
acting in good
faith in carrying
firearms with no
intention of
committing an
offense were
able to claim lack
of intent as a
defense.
2. Accused has a
pending
application for
permanent permit
to possess a
firearm [People v.
Mallari, G.R. No.
L-58886 (1988)]
As to Criminal Intent as an Element
Criminal intent is
Criminal intent is not
necessary
necessary
As to Degree of Accomplishment
Taken into account
Not taken into
in determining the
account; the act is
penalty to be
punishable only
imposed.
when consummated
As to Effect of Mitigating and
Aggravating Circumstances
Taken into account
Not taken into
in determining the
account in
imposable penalty
determining the
imposable penalty,
unless provided for
by special law
As to Degree of Participation
*Presupposes more than one (1)
offender
Degree of
Degree of
participation of each participation of each
offender is not taken
offender is taken
into account and all
into account.
who participated in
the act are punished
to the same extent.
As to Persons Criminally Liable
Principal,
accomplice &
accessory.
Only the principal is
liable.
Penalty of offenders
Penalty is computed is same whether
based whether he is they acted as mere
accomplices or
a principal offender
accessories
or merely an
accomplice or
accessory
As to Stages of Execution
There are three
No stages of
stages: attempted,
execution
frustrated &
consummated
As to Division of Penalties
Penalties may be
There is no such
divided into degrees division of penalties.
and periods.
2. Scope and Characteristics
a. Generality
General Rule: Penal laws are obligatory on all
persons who live or sojourn in Philippine
territory, regardless of nationality, gender, or
other personal circumstances, subject to the
principles of public international law and to
treaty stipulations. [Art. 14, NCC]
Exceptions:
1. Treaty Stipulations
2. Laws of Preferential Application
3. Principles of Public International Law
4. Warship Rule
i.
TREATY STIPULATIONS [Arts. 2
and 14, NCC]
The Visiting Forces Agreement (VFA) signed
on Feb. 10, 1988 is an agreement between the
Philippine and US Government regarding the
treatment of US Armed Forces visiting the
Philippines.
Page 3 of 286
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Rules on Jurisdiction Under the VFA
Crime
CRIMINAL LAW
CRIMINAL LAW I
Jurisdiction
Crime is punishable Philippines has
under Philippine
exclusive jurisdiction.
laws, but not under
US laws
Crime is punishable US has exclusive
under US laws, but jurisdiction.
not under Philippine
laws
Waiver of Jurisdiction
The authorities of either government may
request the authorities of the other government
to waive their primary right to exercise
jurisdiction in a particular case.
General Rule: Philippine authorities will, upon
request by the United States, waive their
primary right to exercise jurisdiction.
Exceptions: In cases of particular importance
to the Philippines, for example, crimes
punishable under:
1. R.A. 7659 (Heinous crimes)
2. R.A. 7610 (Child Abuse cases)
3. R.A. 9165 (Dangerous Drugs cases)
Crime is punishable Philippines has
under both US and primary but
Philippine laws
concurrent
jurisdiction with the
US.
ii.
LAWS OF PREFERENTIAL
APPLICATION [Art. 2, NCC]
Rules on Concurrent Jurisdiction [Art. V (3),
VFA]
General Rule: Philippine authorities shall have
the primary right to exercise jurisdiction over
offenses committed by United States
personnel.
RA No. 75 penalizes acts which would impair
the proper observance by the Republic and
inhabitants of the Philippines of the immunities,
rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.
Exceptions:
1. If the offense was committed solely against
the property or security of the United States.
2. If the offense was solely against the
property or person of United States
personnel.
3. If the offense arose out of any act or
omission done in performance of official
duty.
Rules on Jurisdiction [Secs. 4 to 5, R.A. 75]
General Rule: The following persons are
exempt from arrest and imprisonment, and
their properties exempt from distraint, seizure
and attachment [AMS]:
1. Ambassadors
2. Public Ministers
3. Domestic Servants of ambassadors or
ministers
NOTE: The authorities of the Philippines and
the United States shall notify each other of the
disposition of all cases in which both the
authorities of the Philippines and the United
States have the right to exercise jurisdiction.
Exceptions: If the writ or process sued out or
prosecuted is [PhDS]:
1. Against a person who is a citizen or
inhabitant of the Philippines, provided:
a. The person is in the service of an
ambassador or a public minister; and
b. Process is founded upon a debt
contracted before he entered upon such
service
2. Against the Domestic Servant of an
ambassador or a public minister,
provided:
a. The name of the servant has been
registered in the Department of Foreign
Affairs, (DFA) and transmitted by the
Offenses Relating to Security for purposes
of the VFA [Art. V (2)(c), VFA]
1. Treason
2. Sabotage
3. Espionage
4. Violation of any law relating to national
defense
Page 4 of 286
U.P. LAW BOC
Secretary of Foreign Affairs to the Chief
of Police of the City of Manila; but
b. The registration was only made after the
writ or process has been issued or
commenced
NOTE: RA No. 75 is not applicable when the
foreign country adversely affected does not
provide similar protection to our diplomatic
representatives [Sec. 7, R.A. 75]
iii.
PRINCIPLES OF PUBLIC
INTERNATIONAL LAW
Who are Exempt [SCAMMP]:
1. Sovereigns and other heads of state
2. Charges d’ affaires
3. Ambassadors
4. Ministers
5. Minister resident
6. Plenipotentiary [REYES, Book 1]
Who are not exempt [CVC]:
1. Consuls
2. Vice-consuls
3. Other Commercial representatives of
foreign nations do not possess such status
and cannot claim the privileges and
immunities accorded to ambassadors and
ministers. [Sec. 249, Wheaton, International
Law]
Condition for Immunity to Apply
Diplomatic immunity only applies when the
diplomatic officer is engaged in the
performance of his official functions [Minucher
v. Court of Appeals, G.R. No. 142396 (2003)]
iv.
CRIMINAL LAW
CRIMINAL LAW I
cannot penalize crimes committed outside its
territory.
Scope of Territory
The territory of the country is not limited to the
land where its sovereignty resides but includes
also its maritime and interior waters as well as
its atmosphere. [Art. 2, RPC]
Theory on Aerial Jurisdiction - Absolute
Theory
The subjacent state has complete jurisdiction
over the atmosphere above it subject only to
the innocent passage by aircraft of a foreign
country.
If the crime is committed in an aircraft, no
matter how high, as long as it is within the
Philippine atmosphere, Philippine criminal law
will govern. The Philippines has complete and
exclusive sovereignty over the airspace above
its territory [Art. 1, Convention on International
Civil Aviation].
Exceptions [SCIONS] [Art. 2, RPC]:
1. Crimes committed while on a Philippine
Ship or airship
2. Forging/Counterfeiting of Coins or Currency
Notes in the Philippines
3. Introduction of #2 into the country
4. Offenses committed by public officers or
employees in the exercise of their functions.
5. Crimes against National Security and the
law of nations, defined in Title One of Book
Two of this Code
i.
WARSHIP RULE
A warship of another country, even though
docked in the Philippines, is considered an
extension of the territory of its respective
country. [Art. 27, United Nations Convention on
the Laws of the Sea]
b. Territoriality
General Rule: Penal laws of the country have
force and effect only within its territory. It
CRIMES COMMITTED ABOARD
A PHILIPPINE SHIP OR AIRSHIP
[Art 2 (1), RPC]
Requisites [REYES, Book 1]:
1. Crime is committed while the ship is
treading in:
a. Philippine waters (intraterritorial), or
b. The high seas (extraterritorial)
2. The ship or airship must not be within the
territorial jurisdiction of another country
3. The ship or airship must be registered in the
Philippines under Philippine laws
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Difference
between
Jurisdiction
of
Merchant Vessels and Foreign Warships
Merchant Vessels (applying English Rule)
Acts committed on a merchant vessel within
the territorial limits of the Philippines are
subject Philippine penal laws if they breach
public order [People v. Wong Cheng, G.R. No.
L-18924 (1922)] and local courts are not
deprived of jurisdiction over offenses on board
a merchant vessel if they disturb the order of
the country. [US v. Bull, G.R. No. L-5270
(1910)]
Foreign Warships - are reputed to be the
territory of the country to which they belong and
are not subject to the laws of another state. [US
v. Fowler, G.R. No. L-496 (1902)]
● Nationality of Vessel – determined by the
country of registry and not its ownership.
● Example:
A
Filipino-owned
vessel
registered in China must fly the Chinese
flag.
ii.
CRIMINAL LAW
CRIMINAL LAW I
FORGING/COUNTERFEITING
OF COINS OR CURRENCY
NOTES IN THE PHILIPPINES
[Art. 2 (2), RPC]
Forgery
Committed by giving a treasury or bank note or
any instrument payable to bearer or to order
the appearance of a true genuine document or
by erasing, substituting, counterfeiting or
altering, by any means, the figures, letters,
words, or signs contained therein [Art. 169,
RPC].
If forgery is committed abroad, it must refer
only to Philippine coin, currency note,
obligations and securities [REYES, Book 1].
counterfeited the items are criminally liable
even if they did not introduce the counterfeit
items.
iv.
Crimes committee in the exercise of their
functions
1. Direct bribery [Art. 210]
2. Qualified Bribery [Art. 211-A]
3. Indirect bribery [Art. 211]
4. Corruption [Art. 212]
5. Frauds against the public treasury [Art.
213]
6. Possession of prohibited interest [Art. 216]
7. Malversation of public funds or property
[Art. 217]
8. Failure to render accounts [Art. 218]
9. Illegal use of public funds or property [Art.
220]
10. Failure to make delivery of public funds or
property [Art. 221]
11. Falsification by a public officer or
employee by abuse of his official position
[Art. 171]
12. Crimes committed in relation to the
performance of a public officer or
employee of his/her duties in a foreign
country.
Embassy
Embassy grounds are considered as
extensions of the sovereignty of the country
occupying them. [Minucher v. Court of
Appeals, G.R. No. 142396 (1992)]
v.
iii.
INTRODUCTION OF FORGED/
COUNTERFEITED
OBLIGATIONS
AND
SECURITIES IN THE COUNTRY
[Art. 2 (3), RPC]
Those who introduced the counterfeit items are
criminally liable even if they were not the ones
who counterfeited the obligations and
securities. On the other hand, those who
WHEN PUBLIC OFFICERS OR
EMPLOYEES
COMMIT
AN
OFFENSE IN THE EXERCISE OF
THEIR FUNCTIONS. [Art. 2 (4),
RPC]
CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF
NATIONS [Art 2 (5), RPC]
Crimes against national security
1. Treason [Art. 114]
2. Conspiracy and proposal to commit treason
[Art. 115]
3. Misprision of treason [Art. 116]
4. Espionage [Art. 117]
5. Terrorism [R.A. 9372]
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CRIMINAL LAW I
Crimes against the law of nations
1. Inciting to war or giving motives for reprisals
[Art.118]
2. Violation of neutrality [Art. 119]
3. Correspondence with hostile country [Art.
120]
4. Flight to enemy’s country [Art.121]
5. Piracy in general and mutiny on the high
seas or in Philippine waters [Art. 122]
6. Terrorism [R.A. 9372]
NOTE: Crimes against public order (e.g.,
rebellion, coup d’etat, sedition) committed
abroad is under the jurisdiction of the host
country.
Human Security Act
Sec. 58: Subject to the provision of an existing
treaty of which the Philippines is a signatory
and to any contrary provision of any law of
preferential application, the provisions of this
Act shall apply to individuals who although
physically outside the territorial limits of
the Philippines [TSCG]:
1. Commit, conspire or plot to commit any of
the crimes defined and punished in this Act
inside the Territorial limits of the Philippines;
2. Commit any of the said crimes on board
Philippine Ship or Philippine airship;
3. Commit said crimes against Philippine
Citizens or persons of Philippines descent,
where their citizenship or ethnicity was a
factor in the commission of the crime; and
4. Commit said crimes directly against the
Philippine Government. [Sec. 58, R.A.
9372].
CRIMINAL LAW
3. Pro Reo Principle
Applicability of Principle
Penal statutes should be strictly construed
against the State only when the law is
ambiguous and there is doubt regarding its
interpretation. Where the law is clear and
unambiguous, there is no room for the rule to
apply. [People v. Gatchalian, G.R. No. L12011-14 (1958)] In dubio pro reo.
Cf. Rule of Lenity
Between two potential interpretations of a
penal law, one prejudicial and another
favorable, the more lenient one must be
adopted. [Ient v. Tullett, G.R. No. 189158
(2017)]
Basis: All doubts shall be construed in favor of
the accused and on the presumption of his
innocence [Art. III, Sec. 14(2), 1987
Constitution]
4. Interpretation of Penal Laws
Equipoise Doctrine
When the evidence of the prosecution and the
defense are equally balanced, the scale should
be tilted in favor of the accused, according to
the constitutional presumption of innocence.
[Tin v. People, G.R. No. 126480 (2001)]
c. Prospectivity
Spanish Text of the RPC Prevails over its
English Translation
In the construction or interpretation of the
provision of the RPC, the Spanish text is
controlling, because it was approved by the
Philippine Legislature in its Spanish text.
[People v. Manaba, G.R. No. L-38725 (1933)]
No felony shall be punishable by any penalty
not prescribed by law prior to its commission.
[Art. 21, RPC]
5. Retroactive Application
Favorable to the Accused
Without prejudice to Art. 22, felonies and
misdemeanors, committed prior to the
effectivity of the RPC, shall be punished in
accordance with the Code or Acts in force at
the time of their commission [Art. 366, RPC].
if
General Rule: No felony shall be punishable
by any penalty not prescribed by law prior to its
commission. [Art. 21, RPC].
Exception: Insofar as they favor the person
guilty of a felony although at the time of the
publication of such laws, a final sentence has
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CRIMINAL LAW I
been pronounced and the convict is serving the
same. [Art. 22, RPC]
Exceptions to the Exception:
1. The new law is expressly made inapplicable
to pending actions or existing cause of
actions
2. The offender is a habitual criminal.
Rationale: The punishability of an act must be
reasonably known for the guidance of society.
[People v. Jabinal, G.R. No. L-30061 (1974)]
Effects of Repeal [REYES, Book 1]
Absolute/
Partial/
Total Repeal
Relative Repeal
Nature of Repeal
Crime punished by
Crime punished
repealed law is
under the repealed
decriminalized/ no
law continues to be
longer punishable,
a crime
so it is obliterated
Effects of Amendment [REYES, Book 1]
Amendment
Effect
Makes penalty
New law applies
lighter
(see Exception
above)
Makes penalty
Law in force at the
heavier
time of commission
of the offense
applies
Increases fine but
Not ex post facto, so
decreases penalty of law and penalty is
imprisonment
retroactively applied
[CRUZ]
B. FELONIES
1. Criminal Liabilities
a. Classification of Felonies
Examples: When
the repealing law
fails to penalize the
offense under the
old law
Effect as to Pending Cases
Pending cases are
If repeal is favorable
dismissed and
to the accused,
unserved penalties
repealing law must
are remitted.
be applied except
when reservation in
the law states it
does not apply to
pending cases
Effect when Sentence is Already Being
Served
Offenders are
The more lenient
entitled to release.
law must be applied
except when: (1)
reservation exists in
law; or (2) when
offender is a
habitual criminal
Definition of Terms
1. Crime - an act committed or omitted in
violation of a public law forbidding or
commanding it. It is a generic term used to
refer to a wrongdoing punished by either the
RPC or a special law. [ORTEGA]
2. Felony – crime punishable under the
Revised Penal Code (RPC).
3. Offense – crime punishable under special
laws.
4. Misdemeanor - minor infraction of the law,
such as a violation of an ordinance.
How committed
Art. 3. Definitions. – Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only by means of
deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent and there is fault when
the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
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ELEMENTS OF A FELONY
1. An Act or Omission
a. Act – Any kind of body movement which
tends to produce some effect in the
external world; includes possession
b. Omission – The failure to perform a
positive duty which one is bound to do
under the law. There must be a law
requiring the performance of an act,
without such law, there is no liability.
2. Committed by means of:
a. Dolo (i.e. willfully) or
b. Culpa (i.e. negligently)
3. Punished by the Code
According
to
Commission
Degree of proof
Proof beyond reasonable doubt [Villareal v.
People, G.R. No. 151258 (2012)].
Specific Criminal Intent
General Criminal
Intent
Specific Criminal
Intent
As to Intention
The intention to do
something wrong.
The intention to
commit a definite act.
As to Presumption
Presumed from the
mere doing of a
wrong act.
Classifications:
1. According to manner of commission
2. According to nature
3. According to stages of execution
4. According to gravity of penalties
5. According to plurality of crimes
i.
CRIMINAL LAW
CRIMINAL LAW I
Existence is not
presumed.
As to Burden of Proof
Manner
of
The burden is upon
the wrongdoer to
prove that he acted
without such criminal
intent.
A. INTENTIONAL FELONIES (Dolo)
Crime committed with deliberate intent
Actus Non Facit Reum, Nisi Mens Sit Rea
An act does not make a defendant guilty
without a guilty mind. [REYES]
Mens rea
A guilty mind, a guilty or wrongful purpose or
criminal intent, and essential for criminal
liability. [People v Valenzuela, G.R. No.
160188 (2007)]
Requirements of Dolo or Malice [FID]:
1. Freedom – Voluntariness on the part of the
person who commits the act or omission.
2. Intelligence – Capacity to know and
understand the consequences of one’s act.
3. Dolo – Intent to commit the act with malice
is a purely mental process, and is presumed
from the proof of the commission of an
unlawful act. Intent presupposes the
exercise of freedom and the use of
intelligence. [REYES, Book 1]
Since the specific
intent is an element
of the crime, the
burden is upon the
prosecution to
establish its
existence.
Examples of Crimes requiring Specific
Criminal Intent
1. Robbery – intent to gain [Art. 293[
2. Theft – intent to gain [Art. 308[
3. Homicide – intent to kill [Art. 249[
4. Forcible Abduction – intent of lewd designs
[Art. 342[
Must be Alleged in Information
Where the specific intent of the malefactor is
determinative of the crime charged, such
specific intent must be alleged in the
information and proved by the prosecution.
[People v. Delim, G.R. No. 142773 (2003)]
How proven
Specific intent may be proved by direct
evidence or by circumstantial evidence
(inferred from the circumstances of the actions
of the accused as established by evidence).
[People v. Delim, supra.]
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CRIMINAL LAW
CRIMINAL LAW I
Intent to Commit the Crime v. Intent to
Perpetrate the Act
In cases of mala prohibita, there is a conclusive
implication of a guilt, despite the honest
mistake of the offender as to the meaning of
the law he violates. In such a case, although
the accused did not consciously intend to
commit a crime, there is an intent to commit an
act, and that act is by the very nature of things,
the crime itself. The wording of the law is such
that the intent and the act are inseparable. The
act is the crime. [U.S. v. Go Chico, G.R. No.
4963 (1909)]
Motive
It is the moving power which impels one to
action to achieve a definite result [REYES,
Book 1]
Can be an element
of a felony (if
committed by means
of dolo).
Mistake of Fact v. Mistake of Law
Mistake of Fact
Intent v. Motive
Intent
Motive
As to Nature
State of mind
accompanying the
act
Moving power which
impels one to action
to achieve a definite
result [REYES, Book
1]
As an Element
Mistake of Law
As to Definition
Misapprehension of
fact on the part of
the person causing
injury to another.
There is no criminal
intent. [REYES, at
44]
Motive is Not Considered as an Element
General Rule: Not an essential element of a
crime
Exceptions:
1. When the act brings about variant crimes
(e.g. kidnapping v. robbery [People v. Puno,
G.R. No. 97471 (1993)]
2. When identity of perpetrator is in doubt
[People v. Hassan, G.R. No. L-68969
(1988)]
3. When there is the need to ascertain the truth
between two antagonistic versions of the
crime. [People v. De Los Santos, G.R. No.
131588 (2001)]
4. When evidence on the commission of the
crime is purely circumstantial
Not an essential
element of a crime,
except for certain
instances.
Want of knowledge or
acquaintance with the
laws of the land
insofar as they apply
to the act, relation,
duty, or matter under
consideration [Black's
Law Dictionary 435
(9th ed. 2009), at
589[
As to the Defense of Good Faith
Good faith is a
defense.
Good faith is not
defense.
An honest mistake
of fact destroys the
presumption of
criminal
intent which arises
upon the
commission of a
felonious act.
[REYES, Book 1]
Ignorance of the law
excuses no one from
compliance therewith
(ignorantia legis non
excusat).
Requisites of Mistake of Fact as a Defense
[LIM]:
1. The act done would have been Lawful had
the facts been as the accused believed
them to be.
2. The Intention of the accused in performing
the act should be lawful.
3. That the Mistake must be without fault or
carelessness on the part of the accused.
B. CULPABLE FELONIES
Crime resulting from negligence, reckless
imprudence, lack of foresight or lack of skill.
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Rationale: A man must use his common sense
and exercise reflection in all his acts. It is one’s
duty to be cautious, careful and prudent, and
not to expose other people’s lives and property
at risk of injury or damage. The law penalizes
thus the negligent or careless act, not the result
thereof. [Ivler v. Modesto-San Pedro, G.R. No.
172716 (2010)]
Requisites of Culpa [FINI]:
1. Freedom
2. Intelligence
3. Negligence or Imprudence
B. MALA PROHIBITA
An act that is a crime because it is prohibited
by statute, although the act itself is not
necessarily immoral [Black’s Law Dictionary,
9th ed.]
iii.
According to Stages of
Execution
Art. 6. Consummated, frustrated and
attempted felonies – Consummated
felonies as well as those which are frustrated
and attempted, are punishable.
Negligence – It indicates deficiency of
perception. It is the failure of a person to pay
proper attention and to use diligence in
foreseeing the injury or damage impending to
be caused. Often associated with lack of
foresight. [REYES, Book 1]
Imprudence – It indicates deficiency of action.
A person fails to take the necessary precaution
to avoid injury to another person or damage to
property. Often associated with lack of skill.
[REYES, Book 1]
Resulting harm or injury
Unless the negligent or imprudent act results in
harm or injury to another, there is no criminal
liability. [REYES, Book 1]
Rule of Negative Ingredient. This rule states
that:
1. The prosecution must first identify what the
accused failed to do.
2. Once this is done, the burden of evidence
shifts to the accused.
3. The accused must show that the failure did
not set in motion the chain of events leading
to the injury [Carillo v. People, G.R. No.
86890 (1994)].
ii.
CRIMINAL LAW
CRIMINAL LAW I
According to Nature
A. MALA IN SE
A crime or an act that is inherently immoral,
such as murder, arson, or rape [Black’s Law
Dictionary, 9th ed.]
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all the
acts of execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly or over acts and does not perform all
the acts of execution which should produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance.
Three (3) Stages of Acts of Execution are:
1. Attempted
When
the
offender
commences the commission of a felony
directly by overt acts but does not produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance
2. Frustrated - When the offender performs all
the acts of execution which would produce
the felony but does not produce it by reason
of causes independent of the will of the
perpetrator
3. Consummated - When all the elements
necessary
for
its
execution
and
accomplishment are present; the felony is
produced
Page 11 of 286
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CRIMINAL LAW I
NOTE: To be extensively discussed in latter
parts.
iv.
According to Gravity of
Penalties
Art. 9. Grave felonies, less grave felonies
and light felonies. - Grave felonies are
those to which the law attaches the capital
punishment or penalties which in any of their
periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, in
accordance with the above-mentioned Art.
Light felonies are those infractions of law for
the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or
both; is provided.
Classification According to Penalties:
1. Grave Felonies
2. Less Grave Felonies
3. Light Felonies
CRIMINAL LAW
B. LESS GRAVE FELONIES
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional. It includes
those punishable by:
1. Prision correccional
2. Arresto mayor
3. Suspension
4. Destierro
5. Fine not exceeding ₱1,200,000 but is not
less than ₱40,000
C. LIGHT FELONIES
It includes those punishable by:
1. Arresto menor; or
2. Fine not exceeding ₱40,000; or
3. Both of the above
Art. 7. When light felonies are punishable
– Light felonies are punishable only when
they have been consummated, with the
exception of those committed against person
or property.
When Punishable
General Rule: Only when consummated
Importance of Classification
is to
Determine:
1. Whether these felonies can be complexed
2. The prescription of the crime and of the
penalty
3. Duration of subsidiary penalty to be
imposed.
A. GRAVE FELONIES
Those to which the law attaches the capital
punishment or penalties which in any of their
periods are afflictive. It includes those
punishable by:
1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or Absolute Disqualification
4. Perpetual
or
Temporary
Special
Disqualification
5. Prision mayor
6. Fine more than ₱1,200,000.00
Exception: If It involves crimes committed
against persons or property
Rationale: They produce light, insignificant
moral, and material injuries that public
conscience is satisfied with providing a light
penalty for their consummation. [REYES, Book
1]
Who are Punished
Principals and accomplices only. [Art. 16, RPC]
Example of Light Felonies [MATHS]:
1. Malicious mischief when the value of the
damage does not exceed ₱40,000 or
cannot be estimated [Art. 328, RPC, as
amended by R.A. 10951]
2. Alteration of boundary marks
3. Theft when the value of the thing stolen is
less than ₱500 and theft is committed under
the circumstances enumerated under Art.
308 (3) [Art. 309, (7) and (8), RPC, as
amended by R.A. 10951]
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U.P. LAW BOC
4. Intriguing against Honor
5. Slight physical injuries
Reconciling Discrepancy in Treatment of a
Fine Amounting to Exactly ₱40,000
● Art. 9 in re: Art. 25 - light felony; use this
article in determining prescription of crimes
● Art. 26 - correctional penalty; use this article
in determining prescription of penalty
v.
CRIMINAL LAW
CRIMINAL LAW I
According to Plurality of Crimes
Three (3) Groups:
1. Continuing Crimes
2. Complex Crimes in Art. 48
3. Special Complex Crimes
NOTE: To be discussed extensively in latter
parts
b. Aberratio Ictus, Error in Personae
and Praeter Intentionem
Art. 4. Criminal Liability – Criminal liability
shall be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be
different from that which he intended.
WRONGFUL ACT DIFFERENT FROM THAT
INTENDED IS PUNISHABLE
Rationale : El que es causa de la causa es
cause del mal causado. “He who is the cause
of the cause is the cause of the evil caused.”
The presumption is that a person intends the
ordinary consequences of his voluntary act.
[People v. Toling, G.R. No. L-27097 (1975)]
One who commits an intentional felony is
responsible for all the consequences which
may naturally and logically result therefrom,
whether foreseen or intended or not. [People
v. Herrera, G.R. Nos. 140557-58 (2001)]
Requisites [I-DC]:
1. An Intentional felony has been committed.
2. The wrong done to the aggrieved party is
the
Direct,
natural
and
logical
Consequence of the felony committed by
the offender.
Proximate Cause
Proximate cause has been defined as that
which, in natural and continuous sequence,
unbroken by any efficient intervening cause,
produces injury, and without which the result
would not have occurred. [Abrogar v. Cosmos
Bottling Company and INTERGAMES, Inc.,
G.R. No. 164749 (2017)]
When not Considered as Proximate Cause:
1. There is an active force between the felony
and resulting injury
2. Resulting injury is due to the intentional act
of victim
Efficient Intervening Cause
An intervening cause, to be considered
efficient, must be "one not produced by a
wrongful act or omission, but independent of it,
and adequate to bring the injurious result.”
[Abrogar v. Cosmos Bottling Company and
INTERGAMES, Inc, G.R. No. 164749 (2017)]
For example, a cause which interrupts the
natural flow of events leading to one’s death
may relieve the offender from liability. [REYES,
Book 1]
Three (3) Modes under Art. 4 (1)
Error in
personae
Aberratio
ictus
Praeter
intentionem
Definition
Mistake in
identity.
Mistake in
blow.
A felony is
intended, but
there is a
mistake in
the identity of
the victim;
injuring one
person
mistaken for
another.
When an
offender
intending to
do an injury
to one
person
actually
inflicts it on
another.
Page 13 of 286
Penalty
No intention
to commit a
grave so
wrong.
U.P. LAW BOC
Penalty for
lesser crime
in its
maximum
period [Art.
49]
CRIMINAL LAW
CRIMINAL LAW I
Penalty for
graver
offense in its
maximum
period [Art.
48 on
complex
crimes]
Mitigating
circumstance
of not
intending to
commit a
grave so
wrong [Art.
13]
In certain cases, the Court ruled that the
mitigating circumstance of lack of intent to
commit so grave a wrong cannot be
appreciated where the acts employed by the
accused were reasonably sufficient to produce
the death of the victim. [People v. Sales, G.R.
No. 177218(2011)]
There is no felony in the following
instances:
1. There is no law punishing the crime (i.e.,
attempting suicide is not a crime, per se).
However, if death or injury results to another
because of such attempt, then a liability
arises. [REYES, Book 1]
2. There is a justifying circumstance (i.e., one
acting in self-defense is not committing a
felony). [REYES, Book 1]
3. Its
accomplishment
is
inherently
Impossible, or that the means employed is
either Inadequate or Ineffectual.
4. Act performed does Not constitute a
Violation of another provision of the RPC.
Definition of Terms:
1. Inadequate - Insufficient (e.g. small
quantity of poison).
2. Ineffectual - Means employed did not
produce the result expected (e.g. pressed
the trigger of the gun not knowing that it is
empty).
3. Inherent Impossibility – Can pertain to:
a. Legal impossibility – where the intended
acts, even if completed, do not amount
to a crime [Intod v CA, G.R. No. 103119
(1992)]
Example: Killing a person who is
already dead [Intod v CA, G.R. No.
103119 (1992)].
b. Physical or factual impossibility –
Extraneous circumstances unknown to
the actor or beyond his control prevent
the consummation of the intended
crime.
c. Impossible Crimes
Example: The alteration, or even
destruction, of a losing sweepstakes
ticket could cause no harm to anyone
and would not constitute a crime were it
not for the attempt to cash the ticket so
altered as a prize-winning number.
[People v. Balmores, G.R. No. L-1896
(1950)]
Art. 4. Criminal Liability – Criminal liability
shall be incurred:
By any person performing an act which would
be an offense against persons or property,
were it not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means.
Rationale: To suppress criminal propensity or
criminal tendencies. Objectively, the offender
has not committed a felony, but subjectively, he
is a criminal.
Requisites [OPP- EI- III- NV]:
1. Act performed would be an Offense against
Persons or Property.
2. Act was done with Evil Intent.
No Attempted or Frustrated Impossible
Crime
Since the offender in an impossible crime has
already performed the acts for the execution of
the same, there could be no attempted
impossible crime.
There is no frustrated impossible crime either,
because the acts performed by the offender
are considered as constituting a consummated
offense.
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CRIMINAL LAW
CRIMINAL LAW I
Not a Defense Impossibility of accomplishing
the criminal intent is not a defense but an act
penalized in itself.
Impossible Crime v. Attempted v. Frustrated v. Consummated
Impossible crime
Attempted
Frustrated
Consummated
Mens Rea
✓
✓
✓
✓
Concurrence
✓
✓
✓
✓
Result
✗
Not produced by reason
of inherent impossibility
or employment of
inadequate means
✗
Not produced
by reason of
desistance
✗
Not produced by
reason of causes
independent of the will
of the perpetrator
✓
Causation
✗
✗
✗
✓
d. Stages of Execution
Three (3) Stages of Acts of Execution are:
1. Attempted
When
the
offender
commences the commission of a felony
directly by overt acts but does not produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance
2. Frustrated - When the offender performs all
the acts of execution which would produce
the felony but does not produce it by reason
of causes independent of the will of the
perpetrator
3. Consummated - When all the elements
necessary
for
its
execution
and
accomplishment are present; the felony is
produced
Two (2) Phases of Felony
1. Subjective Phase - It is that portion of the
act constituting the crime, starting from the
point where the offender begins the
commission of the crime to that point where
he still has control over his acts, including
their natural course. [REYES, Book 1]
2. Objective Phase- It is that portion of acts
after the subjective phase, the result of the
acts of execution [People v. Villanueva,
G.R. No. 160188 (2007)]
Development of a Crime
1. Internal Acts - intent, ideas and plans; not
punishable, even if, had they been carried
out, they would constitute a crime [REYES,
Book 1]
2. External Acts
a. Preparatory Acts – acts tending toward
the crime but with no direct connection
with the crime. [REYES, Book 1]
General Rule: Not punished since these
acts do not yet constitute even the first
stage of the acts of execution
Exception: When considered by law as
independent crimes (i.e. Art. 304 –
possession of picklocks)
b. Acts of Execution - Usually overt acts
with a logical relation to a particular
concrete offense and is already
punishable under the RPC. [REYES,
Book 1]
FACTORS IN DETERMINING STAGE OF
EXECUTION OF FELONY
1. Manner of Committing the Crime
a. Formal Crimes - consummated in one
instant, no attempt [ALBERT, cited in
REYES, Book 1 at 120.]
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U.P. LAW BOC
b.
c.
d.
e.
CRIMINAL LAW
CRIMINAL LAW I
Example: The mere act of selling or
even acting as a broker to sell marijuana
or other prohibited drugs consummates
the crime. [People v. Marcos, G.R. No.
83325 (1990)]
Crimes Consummated by Mere
Attempt or Proposal by Overt Act
Examples: Flight to enemy’s country
[Art. 121] and Corruption of Minors [Art.
340]
Felony by Omission
There can be no attempted stage when
the felony is by omission, because the
offender does not execute acts, rather
he omits to perform an act which the
law requires him to do. [REYES, Book
1]
Crimes Consummated by Mere
Agreement
Examples: In betting in sports contests
and corruption of public officer [Art. 197
and Art. 212], the manner of
committing the crime requires the
meeting of the minds between the giver
and the receiver. [US v. Basa, 8 Phil.
89 (1907)]
Material Crimes
Those committed with three (3) stages
of execution.
2. Elements of the Crime
The existence of certain elements is a factor in
determining its consummation. [REYES, Book
1]
3. Nature of the Crime Itself
There are certain crimes requiring a specific
criminal intent.
Examples: Robbery, Theft, Rape (See:
Discussion on Specific Criminal Intent)
THREE (3) STAGES OF EXECUTION:
A. ATTEMPTED
Elements [CNDO]:
1. The offender Commences the commission
of the felony directly by overt acts.
2. He does Not perform all the acts of
execution which should produce the felony.
3. The non-performance of all acts of
execution was Due to cause or accident
Other than
desistance.
his
own
spontaneous
When is a Crime Commenced:
1. There are external acts.
2. Such external acts have a direct connection
with the crime intended to be committed.
Definition of Terms:
1. Overt Act - Some physical activity or deed,
indicating the intention to commit a
particular crime. It is more than a mere
planning or preparation. [REYES, Book 1]
2. Desistance:
General Rule: An absolutory cause which
negates criminal liability provided that the
desistance was made when the acts done
have not yet resulted in any felony.
Desistance is recognized only in the
attempted stage of the felony.
Exemption: In certain cases, although
negated at the attempted stage, but there
may be other felonies arising from his act.
Example: An attempt to kill that results in
physical injuries still leads to liability for the
injuries inflicted.
B. FRUSTRATED
Elements [AFN]:
1. Offender performs All the acts of execution
2. All the acts performed would produce the
Felony as a consequence
3. But the felony is Not produced by reason of
causes independent of the will of the
perpetrator.
Not all crimes have a Frustrated Stage
General Rule: Felonies that do not require any
result do not have a frustrated stage.
Crimes which do not admit of frustrated
stage [RABT]:
1. Rape - Once there is penetration, no matter
how slight it is, the offense is consummated.
[People v. Orita, G.R. No. 88724 (1990)]
2. Arson – The crime of arson already
consummated even if only a portion of the
wall or any part of the house is burned. The
Page 16 of 286
U.P. LAW BOC
consummation of the crime does not
depend upon the extent of the damage
caused. [People v. Hernandez, G.R. No. L31770 (1929)]
3. Bribery and Corruption of Public Officers - If
there is a meeting of the minds, there is
consummated bribery or consummated
corruption. [US v. Basa, 8 Phil. 89 (1907)]
4. Theft - Once there is unlawful taking, theft is
consummated. It does not matter how long
the property was in the possession of the
accused; it does not matter whether the
property was disposed or not [Valenzuela v.
People, G.R. No. 160188 (2007)].
C. CONSUMMATED
Requisite: All the elements necessary for its
execution and accomplishment are present.
Indeterminate Offense
It is one where the intent of the offender in
performing an act is not certain. The accused
may be convicted of a felony defined by the
acts performed by him up to the time of
desistance.
The intention of the accused must be viewed
from the nature of the acts executed by him and
the attendant circumstances, and not from his
admission.
Attempted v. Frustrated v. Consummated
Attempted
Felony
Frustrated
Felony
Consummate
d Felony
All acts of
execution are
finished
BUT
Crime sought
to be
committed is
not achieved
All acts of
execution are
finished
As to Why a Felony is Not Produced
Due to
reasons
other than
the
spontaneou
s
desistance
of the
perpetrator
Due to
intervening
causes
independent of
the will of the
perpetrator
As to Position in the Timeline
Offender is
already in the
Offender
objective
still in
phase
subjective
because all
phase
acts of
because he
execution are
still has
already
control of
present and
his acts,
the cause of
including
its nontheir
accomplishme
natural
nt is other than
cause.
the offender’s
will
Offender is in
the objective
phase as all
acts of
execution are
already
present and a
felony is
produced
e. Continuing Crimes
Continuing Crime
Single crime consisting of a series of acts
arising from a single criminal resolution or
intent not susceptible of division.
Requisites [PA- UP- UCIP]:
1. Plurality of Acts;
2. Unity of Penal provision infringed upon;
and
3. Unity of Criminal Intent and Purpose
As to Acts Performed
Overt acts
of
execution
are started
BUT
Not all acts
of
execution
are present
CRIMINAL LAW
CRIMINAL LAW I
One Larceny Doctrine
For prosecution of theft cases, the one larceny
doctrine provides that the taking of several
things, whether belonging to the same or
different owners, at the same time and place,
constitutes one larceny only so long as there is
a single criminal impulse. [Santiago v. People,
G.R. No. 109266 (1993)]
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Examples:
1. Insurrection, Rebellion, Subversion, and
other crimes and offenses committed in the
furtherance, on the occasion thereof, or
incident thereto [In the Matter of Petition for
Habeas Corpus of Roberto Umil, G.R. No.
81567 (1990)]
2. Eight robberies as component parts of a
general plan. [People v. De la Cruz, G.R.
No. L-1745 (1950)]
How Applied
Whenever the Supreme Court concludes that
the criminals should be punished only once,
because they acted in conspiracy or under the
same criminal impulse:
● It is necessary to embody these crimes
under one single information.
● It is necessary to consider them as complex
crimes even if the essence of the crime
does not fit the definition of Art 48, because
there is no other provision in the RPC.
Application to Special Laws
The concept is applicable to crimes under
special laws. This is in line with Art. 10 which
states that the RPC shall be supplementary to
special laws, unless the latter provides the
contrary.
Real or Material Plurality v. Continuing
Crime
Real or Material
Plurality
Continuing Crime
There is a series of acts performed by the
offender.
As to the Number of Crimes Committed
Each act performed
constitutes a
separate crime
because each act is
generated by a
criminal impulse
The different acts
constitute only one
crime because all of
the acts performed
arise from one
criminal resolution.
CRIMINAL LAW
Examples on Real Plurality:
1. The act of firing one’s revolver twice in
succession, killing one person and wounding
another. [U.S. v. Ferrer, 1 Phil. 56 (1901)]
2. Two persons are killed one after another by
different acts. [People v. Olfindo, 47 Phil. 1
(1924)]
Transitory Crime v. Continuing Crime
Offense where some acts material and
essential to the crimes and requisite to their
commission occur in one territory and some
acts are done in another. [AAA v. BBB, G.R.
No. 212448 (2018)]
The theory is that a person charged with a
transitory offense may be tried in any
jurisdiction where the offense is in part
committed. [Tuzon v. Cruz, G.R. No. L-27410
(1975)]
Examples:
1. Estafa – its necessary elements (deceit and
damage) may take place in different
territorial jurisdictions [Gamboa v. CA, G.R.
No. L-41054 (1975)]
2. Violation of BP No. 22 (Bouncing Checks
Law) [Uy v. CA, G.R. No. 119000 (1997)]
f. Complex Crimes and Composite
Crimes
Art. 48. Penalty for complex crimes –
When a single act constitutes two or more
grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed, the same to be
applied in its maximum period.
1. COMPOUND CRIME
Requisites [S-S21]:
1. That only a Single act is performed by the
offender
2. That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave
felonies, or 2 or more less grave felonies
Page 18 of 286
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Examples:
1. A single bullet killing two persons [People v.
Pama, C.A., 44 O.G. 3339 (1992)]
2. The act of raping a girl, causing her physical
injuries which required medical attention for
about 20 days. This is a complex crime of
rape with less serious physical injuries.
[U.S. v. Andaya, 34 Phil. 690 (1916)]
Light Felonies
Light felonies produced by the same act should
be treated and punished as separate offenses
or may be absorbed by the grave felony.
2. COMPLEX CRIME
Requisites [2-N-SS]:
1. That at least 2 offenses are committed
2. That one or some of the offenses must be
Necessary to commit the other
• Does not need to be “indispensable
means”
3. That both or all the offenses must be
punished under the Same Statute.
When No Complex Crime Proper
1. Subsequent acts of intercourse, after
forcible abduction with rape, are separate
acts of rape
2. When trespass to dwelling is a direct means
to commit a grave offense
3. When one offense is committed to conceal
the other
4. Where one of the offenses is penalized by
special law
5. There is no complex crime of rebellion with
murder, arson, robbery, or other common
6. In case of continuous crimes.
7. When the other crime is an indispensable
element of the other offense.
General Rules in Complexing Crimes
1. Information – only one (1) shall be filed
2. Jurisdiction - When two crimes produced
by a single act are respectively within the
exclusive jurisdiction of two courts of
different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
3. Penalty
CRIMINAL LAW
o Where both penalties provide for
imprisonment - penalty to be imposed
is the penalty for the most serious crime,
applied in its maximum.
o Where one of the penalties is
imprisonment and the other is fine only the penalty of imprisonment should
be imposed.
4. When the other offense is not proven accused can be convicted of the other.
Art. 48 is Not Applicable in the following
instances [ESTRADA, Book 1]:
a. When the crimes have common
elements;
b. When the crimes involved are subject to
the rule of absorption;
c. Where the two offenses resulting from a
single act are specifically punished as a
single crime.
Example: Less serious physical injuries
with serious slander of deed, since this is
punished under Art. 265 (2)
d. Acts penalized under Art. 365 (those
resulting criminal negligence) [Ivler v.
Modesto-San Pedro, supra.]
e. In special complex crimes or composite
crimes.
3. SPECIAL COMPLEX CRIMES
In substance, there is more than one crime; but
from the eyes of the law, there is only one. The
law treats it as a single crime for which it
prescribes a single penalty. It is also called a
composite crime.
Requisites [2-SI-SCI]:
1. 2 or more crimes are committed
2. But the law treats them as a Single,
Indivisible, and unique offense
3. Product of Single Criminal Impulse
Examples:
1. Robbery with Homicide [Art. 294 (1)]
2. Robbery with Rape [Art. 294 (2)]
3. Kidnapping with serious physical injuries
[Art. 267 (3)]
4. Rape with Homicide [Art. 335]
Page 19 of 286
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CRIMINAL LAW I
Compound Crime v. Complex Crime Proper v. Special Complex Crime
Compound Crime
(delito compuesto)
Complex Crime Proper
(delito complejo)
Special Complex Crime
(delito especial complejo)
Definition
Single act constitutes two or
more grave or less grave
felonies [Art. 48].
An offense is a necessary
means to commit another
offense [Art. 48].
The law fixes one penalty for
two or more crimes committed.
Elements
Requisites [S-S21]:
1. That only a Single act is
performed by the offender
2. That the single acts
produces:
a. 2 or more grave felonies,
or
a. 1 or more grave and 1 or
more less grave felonies,
or 2 or more less grave
felonies
Requisites [2-N-SS]:
1. That at least 2 offenses are
committed
2. That one or some of the
offenses must be Necessary
to commit the other
3. That both or all the offenses
must be punished under the
Same Statute.
Requisites [2-SI-SCI]:
1. 2 or more crimes are
committed
2. But the law treats them as a
Single, Indivisible, and
unique offense
3. Product of Single Criminal
Impulse
Imposable Penalty
Penalty for most serious crime
shall be imposed in its
maximum period [Art. 48]
Penalty for most serious crime
shall be imposed in its
maximum period [Art. 48]
Page 20 of 286
That which is indicated in the
Revised Penal Code
U.P. LAW BOC
CRIMINAL LAW
CRIMINAL LAW I
2. Circumstances Affecting Criminal Liability
Circumstances Affecting Criminal Liability, Distinguished [Reyes, Book 1]
As to lawfulness of act
Justifying
No Felony
Exempting
There is a Felony
As to presence of
criminal liability
As to presence of
civil liability
No Criminal Liability
No Civil Liability
Except
Par. 4
With Civil Liability
Except
Par. 4 & 7
Mitigating
Decreased Criminal
Liability
With Civil Liability
Aggravating
Increased Criminal
Liability
Alternative
Increased or Decreased
Criminal Liability
a. Justifying Circumstances [Art. 11]
Justifying Circumstances [REYES, Book 1]
Where the act of the person is said to be in accordance with the law, so that such person is deemed
not to have transgressed the law.
● Basis: Lack of dolo
● Criminal Liability: None; there is no crime committed, the act being justified.
● Civil Liability: None, except in par. 4, Art. 11 (avoidance of greater evil), where the civil liability is
borne by the persons benefited by the act in proportion to the benefit they may have received [Art.
101, RPC].
● Burden of Proof - rests on the accused [People v. Corecor, G.R. No. L-63155 (1988)]
Requisites of Each Circumstance [D3AFS]:
Requisites
Justifying
circumstance
Defense of person, 1. Unlawful aggression;
right, property, or 2. Reasonable necessity of means employed to prevent or repel it; and
honor (URL)
3. Lack of sufficient provocation on the part of the person defending himself.
Defense of relatives
(URN)
Defense
strangers (URI)
1. Unlawful aggression;
2. Reasonable necessity of means employed to prevent or repel it; and
of
3. Lack of sufficient provocation on part of relative, or, in case
provocation, the one making the defense had No part therein.
of 1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
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CRIMINAL LAW
3. The person defending was not Induced by revenge, resentment or other
evil motive.
Avoidance
of
greater evil (ENIM)
1. Evil sought to be avoided actually Exists.
2. Evil or injury must Not have been produced by the one invoking the
justifying circumstances.
3. Injury feared be greater than that done to avoid it; and
4. There are no other practical and less harmful Means of preventing it.
Fulfillment of duty or 1. Offender acted in Performance of duty or in the lawful exercise of a right
lawful exercise of
or office; and
right (PN)
2. The injury caused or the offense committed be the Necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.
Obedience
Superior
(OPM)
1.
to 1. Order must have been issued by a superior;
order 2. The order is for some lawful Purpose; and
3. Means used to carry it out must be lawful.
DEFENSE OF PERSON, RIGHTS,
PROPERTY, AND HONOR (SELFDEFENSE)
Requisites: [URL]
1. Unlawful aggression;
2. Reasonable necessity of means employed
to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself.
Why Self-Defense is Lawful
● Impulse of self-preservation;
● State cannot provide protection for each of
its constituents. [REYES, Book 1]
No Accidental Self-Defense
Self-defense implies a deliberate and positive
overt act of the accused to prevent or repel an
unlawful aggression of another with the use of
reasonable means. The accused has freedom
of action, and is aware of the consequences of
his acts. From necessity, and limited by it,
proceeds the right of self-defense. [People v.
Toledo, G.R. No. L-28655 (2004)]
REQUISITES:
a. Unlawful Aggression
This is the single indispensable element in
Self-Defense, Defense of Relatives, and
Defense of Strangers [REYES, Book 1]
Peril to one’s life, limb, or right is
a. Actual; and
b. Imminent
It
presupposes
actual,
sudden,
and
unexpected attack or imminent danger thereof,
not merely threatening or intimidating attitude.
[People v. Colinares, G.R. No. 182748 (2011)]
Rules in Unlawful Aggression:
a. Aggression must be unlawful [REYES,
Book 1]
b. The peril to one’s life, limb, [People v.
Sumicad, G.R. No. 35524 (1932)] or right
is actual and imminent. [REYES, Book 1]
c. Unlawful aggression must be a continuing
circumstance or must have been existing at
the time the defense is made. [People v.
Dijan, G.R. No. 142682 (2002)]
d. Retaliation is not allowed when unlawful
aggression ceases. [People v. Cajurao,
G.R. No. 122767 (2004), cited in REYES,
Book 1]
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Exception: When the aggressor retreats to
obtain a more advantageous position to
ensure the success of the initial attack,
unlawful aggression is deemed to continue.
[REYES, Book 1]
e. Picking up a weapon is unlawful
aggression if circumstances show that the
intention is to harm the defendant. [People
v. Javier, 46 O.G. No. 7 (1950), cited in
REYES, Book 1]
f. Mere belief of an impending attack is not
sufficient but in relation to “mistake of fact,”
the belief of the accused may be
considered in determining the existence of
unlawful aggression [People v. Bautista,
G.R. No. L-8611 (1956)].
Considerations in Determining Existence of
Unlawful Aggression:
1. Physical & objective circumstance (e.g.
wound received by deceased) [People v.
Dorico, G.R. No. L-31568 (1973)]
2. Lack of motive of person defending himself
[People v. Berio, G.R. No. 40602 (1934)]
3. Conduct of accused immediately after the
incident [People v. Boholst-Caballero, G.R.
No. L-23249 (1974)]
When in Retaliation
When the killing of the deceased by the
accused was after the attack made by the
former, the accused must have no time nor
occasion for deliberation and cool thinking.
When unlawful aggression ceases, the
defender has no longer any right to kill or
wound the former aggressor, otherwise,
retaliation and not self-defense is committed
[People v. Bates, G.R. No. 139907 (2003)].
Lawful Aggression
Aggression is lawful when it is done:
1. For the fulfillment of a duty [People v.
Gayraina, G.R. Nos. 39270 & 29271
(1934), cited in REYES, Book 1]
2. In the exercise of a right in a more or less
violent manner [U.S. v. Merced & Patron,
G.R. No. 14170 (1918)]
No Unlawful Aggression
There is no unlawful aggression in the following
circumstances:
a. When there is an agreement to fight and
the challenge to fight was accepted.
[People v. Navarro, G.R. No. L-1878
(1907)]
Exception: When the aggression which is
ahead of an agreed time or place is
unlawful aggression. [Severino Justo v.
CA, G.R. No. L-8611 (1956)]
b. When the paramour kills the offended
husband who was assaulting him because
the husband’s aggression was lawful [Art.
247, RPC] [U.S. v. Merced, G.R. No. 14170
(1918)].
c. Reasonable force made by a police officer
to arrest a suspect [People v. Calip, et al.,
3 C.A. Rep. 808, cited in REYES, Book 1]
b.
Reasonable
Employed
Necessity
of
Means
Requisites:
a. Necessity of the:
b. course of action taken
c. means employed
d. The above must be reasonable [REYES,
Book 1]
Doctrine of Rational Equivalence
Rational equivalence presupposes the
consideration not only of the nature and quality
of the weapons used by the defender and the
assailant, but of the totality of circumstances
surrounding the defense vis-à-vis the unlawful
aggression. [Espinosa v. People, G.R. No.
181071 (2010)]
As to whether the means employed is in
proportion to the harm done does not depend
on harm done, but the imminent danger of such
injury. [People v. Gutual, G.R. No. 115233
(1996)]
Perfect equality between the weapon used by
the one defending himself and that of the
aggressor is not required, nor is the material
commensurability between the means of attack
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and defense. Rational equivalence is enough.
[People v. Samson, G.R. No. 214883, (2015)]
Test of Reasonableness [REYES, Book 1]
Reasonableness depends upon the:
1. Nature and quality of the weapon used by
the aggressor
2. Aggressor’s physical condition, character,
size, and other circumstances
3. Circumstances of those of the person
defending himself
4. Place and occasion of the assault
When the Assault was Without Use of
Weapon
General Rule: A man is not justified in taking
the life of one who assaults him with his fist
only, without the use of a dangerous weapon.
Exception: Where the person assaulted has
retreated to the wall and uses in a defensive
way the only weapon at his disposal. [People
v. Sumicad, G.R. No. 35524 (1932)]
NOTE: The general rule contemplates the
situation where the contestants are in the open
and the person can opt to run away.
Rules in Use of Firearms
1. If the attacker is already disarmed - there
is no need to further use violence. [People
v. Masangkay, G.R. No. L-73461 (1988)]
2. If the attacker was disarmed but
struggled to re-obtain the weapon violence may be justified. [People v.
Rabandaban, G.R. No. L-2228 (1950)]
3. The one defending must aim at the
defendant and not indiscriminately fire his
deadly weapon. [People v. Galacgac, C.A.,
54 O.G. 1027, cited in REYES, Book 1]
Interpretation
This element should be interpreted liberally in
favor of the law-abiding citizen. [People v. So,
5 CAR [2s] 671, 674, cited in REYES, Book 1]
c. Lack of Sufficient Provocation
The accused who claims self-defense must not
have provoked the aggression of the victim.
CRIMINAL LAW
Provocation is sufficient when it is
proportionate to the aggression. [People v.
Boholst-Caballero, supra]
Requisite is Present when: [No PSDP]
1. No Provocation at all was given
2. Even if provocation was given, it was not
Sufficient
3. Even if the provocation was sufficient, it was
not given by the person Defending himself
4. Even if the provocation was given by the
person defending himself, it was not
Proximate and immediate to the act of
aggression. [Cano v. People, G.R. No.
155258 (2003)]
Insults
General Rule: Verbal argument
considered sufficient provocation.
is
not
Exception: Insults in vulgar language are.
SUBJECTS OF SELF-DEFENSE
1. Defense of person
2. Defense of rights
3. Defense of property [REYES, Book 1]
Defense of Property
The defense of property rights can be invoked
if there is an attack upon the property, although
it is not coupled with an attack upon the person
of the owner of the premises, so long as all the
elements for justification must however be
present. [People v. Narvaez, G.R. No. L33466-67 (1983)]
Examples of Other Subjects of Self-Defense
1. Defense of Home
Violent entry to another’s house at nighttime;
by a person who is armed with a bolo; and
forcing his way into the house, shows he was
ready and looking for trouble. [People v.
Mirabiles, 45 O.G., 5th Supp., 277, cited in
REYES, Book 1]
2. Defense of Honor and Reputation
Placing a hand by a man on the woman’s upper
thigh is unlawful aggression. [People v.
Jaurigue, C.A. No. 384 (1946)].
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A slap on the face is also considered as
unlawful aggression since the face represents
a person and his dignity. [Rugas v. People,
G.R. No. 147789 (2004)]
Stand Your Ground Principle
A person is justified in the use of deadly force
and does not have a duty to retreat if he
reasonably believes that such force is
necessary to prevent imminent death or great
bodily harm to himself or herself. [U.S. v
Domen, G.R. No. L-12963 (1917)]
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (R.A. 9262)
Battered Woman Syndrome
Scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse. [Sec. 3(c), R.A. 9262]
People v. Genosa doctrine
Battered woman syndrome (BWS) is
characterized by a “cycle of violence”, which is
made up of three phases. For the BWS to be
available as a defense, it must be proven that
there has been more than one cycle. [People
v. Genosa, G.R. No. 135981 (2004)]
First Phase: Tension Building Phase
1. Where minor battering occurs, it could
be a verbal or slight physical abuse or
another form of hostile behavior.
2. The woman tries to pacify the batterer
through a show of kind, nurturing
behavior, or by simply staying out of
the way.
3. But this proves to be unsuccessful as
it only gives the batterer the notion that
he has the right to abuse her.
Second Phase: Acute Battering Incident
1.
Characterized
by
brutality,
destructiveness,
and
sometimes
death.
2. The battered woman has no control;
only the batterer can stop the violence.
CRIMINAL LAW
3. The battered woman realizes that she
cannot reason with him and resistance
would only worsen her condition.
Third Phase: Tranquil Period
1. Characterized by guilt on the part of
the batterer and forgiveness on the
part of the woman.
2. The batterer may show a tender and
nurturing behavior towards his partner
and the woman also tries to convince
herself that the battery will never
happen again and that her partner will
change for the better. [People v.
Genosa, G.R. No. 135981 (2004)]
Characteristics of BWS [FIFI]
1. The woman believes that the violence was
her Fault;
2. She has an Inability to place the
responsibility for the violence elsewhere;
3. She Fears for her life and/or her children’s
life
4. She has an Irrational belief that the abuser
is omnipresent and omniscient. [People v.
Genosa, supra, cited in REYES, Book 1]
Genosa Ruling is Abandoned by RA No.
9262
Under the Genosa ruling, BWS is valid as a
defense only when all the requisites of selfdefense are present.
Sec. 26 of RA No. 9262 abandons the
precedent set by Genosa case, which states
that “victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and civil
liability notwithstanding the absence of any
of
the
elements
for
justifying
circumstances of self-defense under the
RPC”.
2. DEFENSE OF RELATIVES
Requisites [URL]
a. Unlawful aggression
b. Reasonable necessity of means employee;
and
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c. Lack of sufficient provocation on part of
relative, or, in case of provocation, the one
making the defense had no part therein.
Rationale: This justifying circumstance is
found not only upon a humanitarian sentiment,
but also upon the impulse of blood which
impels men to rush, on the occasion of great
perils, to the rescue of those close to them by
ties of blood. [REYES, Book 1]
Relatives Covered by Par. 2 [SAD-SiRC]
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, or adopted Siblings, or
relatives by affinity in the same degrees
(parents-in-laws, children-in-law, siblingsin-law)
5. Relatives by Consanguinity within 4th civil
degree
Person Being Defended Still in Danger
Unlawful aggression can be made to depend
on the honest belief of the one making a
defense. However, one may no longer be
exempt from criminal liability when he or the
person being defended is no longer in danger
of bodily harm by the aggressor. [US v.
Esmedia, G.R. No. L-5740 (1910)]
3. DEFENSE OF STRANGER
Requisites [URN]
a. Unlawful aggression
b. Reasonable necessity of the means
employed; and
c. Person defending was Not induced by
revenge, resentment, or other evil motive
NOTE: Motive is relevant only in this kind of
defense.
Rationale: What one may do in his defense,
another may do for him. The ordinary man
would not stand idly by and see his companion
killed without attempting to save his life. [U.S.
v. Aviado, G.R. No. 13397 (1918)]
CRIMINAL LAW
Stranger
Any person not included in the enumeration of
relatives under par. 2 of Art. 11. [REYES, Book
1]
4. STATE OF NECESSITY (AVOIDANCE
OF A GREATER EVIL)
Requisites [ENIM]:
a. Evil to be avoided actually Exists
b. Evil or injury is Not produced by the one
invoking the justifying circumstance
c. Injury feared by greater than that done to
avoid it; and
d. No other practical and less harmful Means
of preventing it
Civil Liability
It is only in this paragraph that the person
accused incurs civil liability despite the
justifying circumstance. Said liability is borne
by the person benefited by the act.
State of Necessity
There is necessity when the situation is of
grave peril, actual or imminent. It is
indispensable that the state of necessity is not
brought about by intentional provocation on the
part of the party invoking the same. [People v.
Retubado, G.R. No. 1203058 (2003)]
Kind of Evil
The evil contemplated includes injury to
persons and damage to property. This greater
evil must not be brought about by the
negligence or imprudence of the accused. [Ty
v. People, G.R. No. 149275 (2004)]
5. FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
Requisites [PN]:
a. The accused acted in the Performance of a
duty or on the lawful exercise of a right or
office; and
b. The injury caused or offense committed be
the Necessary consequence of the due
performance of duty or the lawful exercise
of such right or office.
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Police Officers
The law does not clothe police officers with
authority to arbitrarily judge the necessity to kill,
but must be within reasonable limits [People v
Ulep, G.R. No. 132547 (2000)].
Warning Shot
To justify the killing by a policeman of a
suspected robber as fulfillment of his lawful
duty, he must have first fire a warning shot
before shooting. [Mamangun v. People, G.R.
No. 149152 (2007)]
However, the directive to issue a warning
contemplates a situation where several options
are available to the officers. When the threat to
the life of the law enforcer was imminent and
there was no other option but to use force, a
police officer conducted himself in the lawful
exercise of a right. [People v Cabanlig, G.R.
No. 148431 (2005)].
6. OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE
Requisites [OPM]
a. An Order has been issued by a superior
b. Such order must be for some lawful
Purpose; and
c. The Means used by the subordinate to carry
out said order is lawful
Examples:
1. Where the accused acted upon orders of
superior officers that they, as military
subordinates, could not question, and
obeyed in good faith, without being aware of
their illegality, without any fault or
negligence on their part, the act is not
accompanied by criminal intent. A crime is
not committed if the mind of the person
CRIMINAL LAW
performing the act be innocent. [People. v.
Beronilla, G.R. No. L-4445 (1955)]
2. One who prepared a falsified document with
full knowledge of its falsity is not excused
even if he merely acted in obedience to the
instruction of his superior, because the
instruction was not for a lawful purpose.
[People. v. Barroga, G.R. No. L-31563
(1930)]
3. A soldier who tortured to death the
deceased in obedience to the order of his
sergeant is not exempt from liability
because the order to torture the deceased
was illegal, and the accused was not bound
to obey it. [People. v. Margen, et al., G.R.
No. L-2681 (1950)]
b. Exempting Circumstances [Art. 12]
Exempting Circumstances [REYES, Book 1]
Grounds for exemption from punishment
because the agent of the crime is wanting any
of the conditions which make the act voluntary
or negligent.
The reason for the exemption lies on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
Burden of Proof
Prosecution has the burden of proof to
establish the guilt of the accused. However,
once the defendant admits the commission of
the offense charged, but raises an exempting
circumstance as a defense, the burden of proof
is shifted to him. [People v. Concepcion, G.R.
No. 148919 (2002)]
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Justifying v. Exempting Circumstances
Justifying Circumstances
[Art. 11, RPC]
It affects the act, not the actor.
CRIMINAL LAW
CRIMINAL LAW I
Exempting
Circumstances
[Art. 12, RPC]
As to Effect of Circumstance
It affects the actor, not the act.
As to Lawfulness of Act
The act is considered to have been done within
The act complained of is actually wrongful,
the bounds of law; hence, legitimate and lawful in but the actor is not liable.
the eyes of the law.
Since the act complained of is actually wrong,
Since the act is considered lawful, there is no
there is a crime but since the actor acted
without voluntariness or negligence, there is
crime.
no dolo or culpa.
As to Liability
There is no criminal liability and no civil liability There is no criminal liability but there is civil
(except: avoidance of greater evil where civil liability (except: accident; insuperable cause).
liability is borne by persons for whose benefit the
harm has been prevented.)
Requisites of Each Circumstance [IMDAI-UI]
Exempting
Requisites
Circumstance
Insanity or imbecility Imbecile or insane person did not act during lucid
interval
Minority; Without
1. Accused is 15 years old and Below; and
Discernment
2. Accused is Between 15 and 18 years old, and he
(15B-Bet1518WD)
acted Without Discernment
Accident (LDAW)
1. A person is performing a Lawful act;
2. Act was done with Due care;
3. He causes an injury to another by mere Accident;
and
4. Without fault or intention of causing it.
1. There is compulsion is by means of Physical force;
Irresistible force
2. Physical force must be Irresistible; and
(PIT)
3. Physical force must come from a Third person.
1. Existence of an uncontrollable fear
Uncontrollable fear
(ERIGE)
2. Fear must be Real and Imminent.
3. Fear of an injury is Greater than or Equal to that
committed.
Insuperable or lawful 1. That an act is Required by law to be done;
2. That a person Fails to perform such act;
cause (RFLi)
3. That his failure to perform such act was due to some
Lawful or insuperable cause
Page 28 of 286
Basis
Absence of
intelligence
Absence of
intelligence
Lack of
negligence and
intent
Absence of
freedom
Absence of
freedom
Lack of intent
U.P. LAW BOC
CRIMINAL LAW I
1. INSANITY OR IMBECILITY
Imbecile
One who, while advanced in age, has a mental
development comparable to that of a child
between 2 and 7 years of age. [REYES, Book
1]
Feeblemindedness is not Imbecility
For imbecility, it is necessary that there is a
complete deprivation of intelligence in
committing the act. Feeblemindedness may,
however, be considered a mitigating
circumstance. [People v. Formigones, G.R.
No. L-3246 (1950)]
Insanity
A complete deprivation of intelligence in
committing the act, but capable of having lucid
intervals. Mere abnormality of mental faculties
is not enough especially if the offender has not
lost consciousness of his acts. [People v.
Formigones, supra, cited in REYES, Book 1]
General Rule: Insanity is an exempting
circumstance
Exception: During a lucid interval, the insane
acts with intelligence, thus, is not exempt from
criminal liability.
Remission of Symptoms
One suffering from psychosis who takes
medication is “in remission of symptoms”;
meaning, he would not actively exhibit the
symptoms of psychosis and it is only when one
fails to take his medication and/or drinks
alcohol that the symptoms of psychosis may be
triggered, depriving one of his will. However,
that one is in remission of symptoms or has
failed to take the prescribed medicine is not a
conclusive finding as to the sanity of the
accused at the time of the commission of the
crime. Psychotic may have varying degrees of
awareness of the consequences of his acts,
which awareness would also depend on the
degree of psychosis at the time of the
commission of the act. [People v. Antonio, Jr.,
G.R. No. 144266 (2002)]
CRIMINAL LAW
Rules in Insanity
1. Presumption of Sanity
Burden of proof of insanity is on the
defense. [People v. Aquino, G.R. No.
87084 (1990)]
2. Insanity should exist before or at the
moment of the act or acts under
prosecution [People v. Aquino, supra]
Insanity subsequent to commission of
crime is not exempting. He is presumed to
be sane when he committed it. [U.S. v.
Guevara, G.R. No. 9265 (1914)]
3. There must be a complete deprivation of
intelligence in committing the act.
Mere abnormality of the mental faculties
will not exclude imputability. [People v.
Formigones, supra; Art. 13, par. 9, RPC,
cited in REYES, Book 1]
How Proven
The state or condition of a person’s mind can
only be measured and judged by his behavior.
Opinion Testimony
Establishing the insanity of an accused
requires opinion testimony which may be given
by a witness who is intimately acquainted with
the accused, by a witness who has rational
basis to conclude that the accused was insane
based on the witness’ own perception of the
accused, or by a witness who is qualified as an
expert, such as a psychiatrist. The testimony or
proof of the accused’s insanity must relate to
the time preceding or coetaneous with the
commission of the offense with which he is
charged. [People v. Madarang, G.R. No.
132319 (2000)]
Two (2) Tests: Test of:
1. Cognition - Whether the accused acted
with complete deprivation of intelligence;
and
2. Volition - Whether the accused acted in
total deprivation of freedom of will. [People
v. Rafanan, G.R. No. L-54135 (1991)]
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Mental Illnesses Covered
Cases covered under this article are:
[MEPSleD]
1. Malignant malaria, which affects the
nervous system [People v. Lacena, G.R.
No. 46836 (1940)]
2. Epilepsy [People v. Mancao and Aguilar,
G.R. No. L-26361 (1927)]
3. Psychosis or schizophrenia, except when
in remission of symptoms [People v.
Antonio, Jr., G.R. No. 144266 (2002)]
4. Somnambulism: Sleep-walking [People v.
Taneo, G.R. No. L-37673 (1933)]
5. Dementia praecox [People v. Bonoan, G.R.
No. L-45130 (1937)]
Conditions Not Considered as Insanity
1. Amnesia - in and of itself, it is no defense to
a criminal charge unless it is shown by
competent proof that the accused did not
know the nature and quality of his action and
that it was wrong. [People v. Tabugoca,
G.R. No. 125334 (1998)]
2. Craziness – Unusual behaviors, such as
smiling to oneself and calling a chicken late
at night, are not proof of complete absence
of intelligence because not every aberration
of the mind or mental deficiency constitutes
insanity. [People v. Miraña, G.R. No.
219113 (2018)]
3. Pedophilia – Despite his affliction, a
pedophile could still distinguish between
right and wrong. [People v. Diaz, G.R. No.
130210 (1999)]
After Judgment
or while serving
sentence
CRIMINAL LAW
Execution of judgment is
suspended and the
accused is committed to
a Hospital.
The period of
confinement in the
hospital is counted for
the purpose of the
prescription of the
penalty.
2. MINORITY
NOTE: Pars. 2 and 3 of Article 12, and Art. 80
of the RPC, have been amended/repealed by
P.D. 603, as amended, and R.A. 9344.
JUVENILE JUSTICE AND WELFARE ACT
OF 2006 (R.A. 9344)
Definition of Terms:
a. Child - person under 18 years.
b. Child in conflict with the law - child who
is alleged as, accused of, or adjudged as,
having committed an offense under
Philippine laws. [Sec. 4(e), R.A. 9344]
c. Intervention – a series of activities
designed to address issues that caused the
child to commit an offense. It may take the
form of an individualized treatment
program which may include counseling,
skills training, education, and other
activities that will enhance his/her
psychological, emotional, and psychosocial well-being [Sec. 4(l), R.A. 9344]
Juridical Effects of Insanity [REYES, Book 1]
When Insanity
is Present
Effect on liability
At the time of
the commission
of the crime
Exempt from liability
During Trial
He is criminally liable but
the proceedings will be
suspended and the
accused is committed to
a hospital.
When Exempt from Criminal Liability:
a. A child 15 years or under at the time of the
commission of the offense shall be exempt
from criminal liability. A child is deemed to
be 15 years of age on the date of his/her
15th birthday.
b. A child above 15 years but below 18 years
of age who acted without discernment shall
be exempt from criminal liability. [Sec. 6,
R.A. 9344]
In both cases, the child shall be subjected to an
intervention program. [Sec. 6, R.A. 9344]
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Discernment
Capacity of the child at the time of the
commission of the offense to understand the
differences between right and wrong and the
consequences of the wrongful act. [Sec. 4,
A.M. No. 01-1-18-SC, Revised Rule on
Children in Conflict with the Law]
3. ACCIDENT
Presumption of Minority
A child in conflict with the law enjoys the
presumption of minority. [Sec. 5, A.M. No. 011-18-SC]. In case of doubt as to the age of the
child, it shall be resolved in his/her favor. [Sec.
7, R.A. 9344]
Requisites [LDAW]
a. A person is performing a Lawful act;
b. Act was done with Due care;
c. He causes injury by mere Accident; and
d. Without fault or intention of causing it
Something that happens outside the sway of
our will and, although coming about through
some act of our will, lies beyond the bounds of
humanly foreseeable consequences. [REYES,
Book 1]
Accident v. Avoidance of greater evil
Determination of Age
1. Child’s birth certificate
2. Baptismal certificate
3. Other pertinent documents
4. In the absence of such documents, age
may be based on:
a. Testimony of the child
b. Testimony of a member of the family
related by affinity or consanguinity
c. Testimony of other persons
d. Physical appearance of the child
e. Other relevant evidence [Sec. 5, A.M.
No. 01-1-18-SC]
Accident
[Art. 12(4)]
Avoidance of
Greater Evil
[Art. 11(4)]
As to Type of Circumstance
Exempting
Justifying
As to Cause of Damage
Offender accidentally Offender deliberately
caused the damage. caused the damage.
4. IRRESISTIBLE FORCE
Any person alleging the age of the child in
conflict with the law has the burden of proving
the age of such child. [REYES, Book 1]
Civil Liability
The exemption from criminal liability does not
include exemption from civil liability, which
shall be enforced in accordance with existing
laws. [Sec. 6, R.A. 9344]
General Rule: The parents shall be liable for
damages.
Exception: If they were able to prove that they
were exercising reasonable supervision over
the child at the time the child committed the
offense and exerted reasonable effort and
utmost diligence to prevent or discourage the
child from committing another offense. [Sec.
20-D, R.A. 9344, as amended by R.A. 10630]
Requisites [PIT]
a. There was compulsion by means of
Physical force
b. Physical force must be Irresistible
c. Physical force comes from a Third person
[REYES, Book 1]
Actus me invite factus non est meus actus.
An act done by me against my will is not my
act.
The person invoking this circumstance must
show that the force exerted was such that it
reduced him to a mere instrument who acted
not only without his will but against it. [People
v. Lising, G.R. No. 106210-11 (1998)]
The duress, force, fear or intimidation must be
present, imminent and impending, and of such
nature as to induce a well-grounded
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apprehension of death or serious bodily harm if
the act is not done. [People v. Villanueva, G.R.
No. L-9529 (1958)]
5. UNCONTROLLABLE FEAR
Requisites [ERIGE]
a. Existence of an uncontrollable fear
b. Fear must be Real and Imminent.
c. Fear of an injury is Greater than or Equal to
that committed [People v. Petenia, G.R.
No. L-51256 (1986)]
Fear should not be speculative, fanciful, or
remote. Such compulsion must leave no
opportunity to the accused for escape or selfdefense in equal combat. [People v. Moreno,
G.R. No. L-64 (1946), cited in REYES, Book 1]
In Treason
In the eyes of the law, nothing will excuse that
act of joining an enemy, but the fear of
immediate death. [People v. Bagalawis, G.R.
No. L-262 (1947), cited in REYES Book 1]
Uncontrollable Fear v. Irresistible Force
[REYES, Book 1]
Irresistible Force
Uncontrollable
Fear
As to Recipient of Force/Fear
Irresistible force
Uncontrollable fear
must operate
may be generated
directly upon the
by a threatened act
person of the
directly to a third
accused.
person.
As to Type of Evil/Injury Feared
Injury feared may be Evil feared must be
a lesser degree than greater or at least
the damage caused
equal to the damage
by the accused.
caused to avoid it.
As to Source of Force/Fear
Offender uses
Offender employs
physical force or
intimidation or threat
violence to compel
in compelling
another person to
another to commit a
commit a crime.
crime.
CRIMINAL LAW
6. INSUPERABLE OR LAWFUL CAUSE
Insuperable
It means insurmountable. A cause which has
lawfully, morally or physically prevented a
person to do what the law commands. [People
v. Bandian, G.R. No. 45186 (1936)]
Requisites [RFLi]
a. An act is Required by law to be done
b. The person Fails to perform such act
c. His failure to perform such act was due to
some Lawful or insuperable cause
Examples:
1. A woman cannot be held liable for
infanticide when she left her newborn child
in the bushes without being aware that she
had given birth at all. [People v. Bandian,
supra]
2. A municipal president was exempt from
liability in the arbitrary detention of a
prisoner because it was impossible to
deliver him to the nearest judicial authority
within the period provided by law given the
only means of transportation available.
[U.S. v. Vincentillo, G.R. No. L-6082 (1911)]
c. Mitigating Circumstances [Art. 13]
If present, these circumstances do not entirely
free the actor from criminal liability but serve
only to reduce the penalty.
Ordinary v. Privileged
Mitigating Circumstance (MC)
Ordinary MC
Privileged MC
As to Offset
May be offset by any Cannot be offset
aggravating
circumstance
As to Effect
Reduces the
If not offset, reduces
the penalty to its min penalty by one to
two degrees than
period, provided the
that provided by
penalty is divisible.
law.
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CRIMINAL LAW
Requisites of Each Mitigating Circumstance [ICN-SIP-VDIA]
Mitigating
Circumstance
Requisites
Basis
Incomplete
justification/
exemption
A majority, but not all, elements of justifying and
exempting circumstances are present
Conditional
minority
Offender is above fifteen but below eighteen years of age.
Diminution of
intelligence
No intention to
commit so grave a
wrong
[NED]
There is Notable and Evident Disproportion between the
means employed to execute the criminal act and its
consequences.
Diminution of
intent
Sufficient
provocation or
threat
[SOPDI]
1. Provocation must be Sufficient
2. It must Originate from the offended party
3. It must be Personal and Directed to the accused
4. It must be Immediate to the act, i.e., to the commission
of the crime by the person who is provoked
Diminution of
intelligence and
intent
Immediate
vindication of a
grave offense
[G(CR)VN]
1. That there be a Grave offense done to the one
Committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or Relatives by affinity within the same degree.
2. That the felony is committed in Vindication of such
grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
3. The vindication need Not be done by the person upon
whom the grave offense was committed
Diminution of
voluntariness
Passion or
obfuscation
[IPA(US)L]
1. The accused acted upon an Impulse.
2. The impulse must be so Powerful that it naturally
produces passion or obfuscation in him.
3. That there be an Act, both Unlawful and Sufficient to
produce such condition of mind; and
4. That said act which produced the obfuscation was not
far removed from the commission of the crime by a
considerable Length of time, during which the
perpetrator might recover his normal equanimity.
Diminution of
intelligence and
intent
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Voluntary
surrender or Plea
of Guilt
CRIMINAL LAW I
Voluntary Surrender: [NA-SV]
1. Offender had Not been actually Arrested.
2. Offender Surrendered himself to a person in authority
or to the latter’s agent.
3. Surrender was Voluntary.
CRIMINAL LAW
Lesser
perversity of the
offender
Plea of Guilt: [SOP]
1. Offender Spontaneously confessed his guilt.
2. Confession of guilt was made in Open court, that is,
before the competent court that is to try the case; and
3. Confession of guilt was made Prior to the presentation
of evidence for the prosecution.
Physical defects
[DDBO ADCR]
1. The offender is:
a. Deaf and Dumb
b. Blind, or
c. Otherwise suffering from some physical defect
which thus restricts his means of:
I.
Action
II.
Defense, or
III.
Communication with his fellow beings
2. Physical defect must have a Relation to the commission
of the crime
Diminution of
voluntariness
Illness
Illness of the offender: [D(WP)ND(C)]
1. Must Diminish the exercise of his Will-Power.
2. Should Not Deprive the offender of Consciousness of
his acts.
Diminution of
intelligence and
intent
1. INCOMPLETE
EXEMPTION
JUSTIFICATION
OR
Art. 69. Penalty to be imposed when the
crime committed is not wholly excusable.
– A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of
the lack of some of the conditions required to
justify the same or to exempt from criminal
liability in the several cases mentioned in
Article 11 and 12, provided that the majority
of such conditions be present. The courts
shall impose the penalty in the period which
may be deemed proper, in view of the
number and nature of the conditions of
exemption present or lacking.
Applicability
Applicable when not all the requisites
necessary to justify the act or to exempt from
criminal liability under articles 11 and 12 are
attendant. Provided, the majority of such
conditions are present.
Effect
The courts have the discretion of imposing the
penalty lower by one or two degrees than that
prescribed by law, in view of the number and
nature of the conditions of exemption present
or lacking.
Rules on Incomplete Justification
a. When the justifying or exempting
circumstance has only two (2) requisites,
the presence of one element is sufficient
[REYES, Book 1]
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b. Incomplete justification is a privileged
mitigating circumstance (it cannot be offset
by aggravating circumstances). [People v.
Ulep, supra.]
Incomplete Self-Defense, Defense of
Relatives and Strangers
a. Unlawful Aggression - should always be
present to be appreciated as a mitigating
circumstance.
b. Ordinary mitigating circumstance - if
only unlawful aggression is present.
c. Privileged mitigating circumstance - if
two of the three requisites are present
[People v. Oanis, G.R. No. L-47722 (1943)]
Incomplete Accident
a. If the “accident” is attended with fault (cf.
fourth element of accident) and without due
care (second element), - act becomes
punishable under Art. 365. [REYES, Book
1]
b. If the “accident” is intended (cf. fourth
element) and unlawful (first element), then
the act is covered by Art. 4 (1), RPC –
intentional felony. [REYES, Book 1]
What Age to Consider
a. In determining whether the penalty
should be lowered – the age of the
offender at the time of the commission of
the
crime
[Boado
Comprehensive
Reviewer, p. 45]
b. In suspending the service of sentence –
the age of the offender at the time the
sentence is to be promulgated. [Boado
Comprehensive Reviewer, p. 45]
Effect of Minority of the Offender
When the offender is a minor under 18 years,
the penalty next lower than that prescribed by
law shall be imposed, but always in the proper
period. [People v. Jacinto, G.R. No. 182239
(2011)]
Effect of Minority of the Offender
Age
15 and
below
Exempting circumstance
Above 15
but under 18
Without discernment:
Exempting circumstance
2. UNDER 18 OR OVER 70 YEARS OLD
(CONDITIONAL MINORITY)
Art. 68. Penalty to be imposed upon a
person under eighteen years of age. –
When the offender is a minor under eighteen
years and his case is one coming under the
provisions of the paragraphs next to the last
of Article 80 of this Code, the following rules
shall be observed:
1. A person aged fifteen years of age or
under at the time of the commission of the
offense shall be exempt from criminal
liability. [R.A. 9344, Sec. 6, as amended
by R.A. 10630, Sec. 3]
2. Upon a person over fifteen and under
eighteen years of age, the penalty next
lower than that prescribed by law shall be
imposed, but always in the proper period.
How appreciated
With discernment:
Privileged Mitigating
Circumstance
Over 70
Ordinary Mitigating
Circumstance except when
the penalty imposable is
death, in such case, the
penalty shall be reduced to
reclusion perpetua. [Boado
Comprehensive Reviewer,
p. 47]
3. NO INTENTION TO COMMIT SO GRAVE
A WRONG (PRAETER INTENTIONEM)
Praeter Intentionem
The offender had no intention to commit a
grave so wrong as what was actually
committed. [Art. 13(3), RPC].
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Requisites [NED]
There is Notable and Evident Disproportion
between the means employed to execute the
criminal act and its consequences. [U.S. v.
Reyes, G.R. No. 12635 (1917)]
Applicability
Only applicable to offenses resulting in death,
physical injuries, or material harm (including
property damage) [People v. Galang de
Bautista, C.A., 40 O.G. 4473, cited in REYES,
Book 1].
When Not Applicable
a. Crime results from criminal negligence or
culpa [Boado Comprehensive Reviewer]
b. Where the acts were reasonably sufficient
and did actually produce the death of the
victim. [People v. Sales, G.R. No. 177218
(2011)]
c. Cases involving defamation or slander.
[People v. Galang de Bautista, supra]
Considerations in Determining Existence of
Praeter Intentionem
The intention, as an internal act, is judged not
only by the proportion of the means employed
by him to the evil produced by his act, but also
by the:
a. Weapon used [People v. Reyes, G.R. No.
42117 (1935), People v. Datu Baguinda,
G.R. No. L-14388 (1960)]
b. Part of the body injured [People v. Banlos,
G.R. No. L-3412 (1950)]
c. Injury inflicted [People v. Flores, G.R. No.
27093 (1927)]
d. Manner it is inflicted. [People v. Banlos,
G.R. No. L-3412 (1950)]
e. Subsequent acts of the accused
immediately after committing the offense.
[People v. Ural, G.R. No. L-30801 (1974)]
4. SUFFICIENT
THREAT
CRIMINAL LAW
CRIMINAL LAW I
PROVOCATION
OR
Provocation
Any unjust or improper conduct or act of the
offended party capable of exciting, inciting, or
irritating anyone. [REYES, Book 1, p. 274]
Threat
Threat must not be offensive and positively
strong, otherwise, it may result to unlawful
aggression, justifying self-defense. See:
discussion on self-defense. [People v.
Guysayco, G.R. No. 4912 (1903)]
Requisites [SOPDI]
a. Provocation must be Sufficient
b. It must Originate from the offended party
c. It must be Personal and Directed to the
accused
d. It must be Immediate to the act.
When there is an interval of time between
the provocation and the commission of the
crime, the perpetrator has time to regain his
reason [People v Pagal, G.R. No. L-32040
(1977)]
Provocation as a
Requisite of
Incomplete
Self-Defense
Provocation as a
Mitigating
Circumstance
It pertains to its
absence on the part
of the person
defending himself.
[People v. CA, G.R.
No. 103613 (2001)]
It pertains to its
presence on the part
of the offended
party. [People v. CA,
G.R. No. 103613
(2001)]
BAR TIP: The common set-up given in a bar
problem is that of provocation given by
somebody against whom the person provoked
cannot retaliate; thus the person provoked
retaliated on a younger brother or on the father.
Although in fact, there is sufficient provocation,
it is not mitigating because the one who gave
the provocation is not the one against whom
the crime was committed.
Look at two criteria
a. Element of time; consider:
i.
Material lapse of time, and
ii.
Effect of the threat of provocation.
b. If at the time the offender committed the
crime, he is still suffering from outrage of
the threat or provocation done to him., then
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he will still get the benefit of this mitigating
circumstance.
5. IMMEDIATE VINDICATION OF A GRAVE
OFFENSE
Requisites [G(CR)VN]
a. That there be a Grave offense done to the
one Committing the felony, his spouse,
ascendants,
descendants,
legitimate,
natural or adopted brothers or sisters, or
Relatives by affinity within the same
degree.
b. That the felony is committed in Vindication
of such grave offense. A lapse of time is
allowed between the vindication and the
doing of the grave offense.
c. The vindication need Not be done by the
person upon whom the grave offense was
committed
Provocation v. Vindication [CAMPANILLA]
Provocation
[Art. 13, Par. 6]
As to Offended Party
It is made directly
only to the person
committing the
felony.
The grave offense
may be committed
against the
offender’s relatives
mentioned by law.
As to Graveness of Offense
The offense need
not be a grave
offense.
The offended party
must have done a
grave offense to the
offender or his
relatives.
As to Immediateness of Offense
Lapse of Time Allowed
Although the grave offense which engendered
the perturbation of mind was not so immediate,
it was held that the influence thereof, by reason
of its gravity, lasted until the moment the crime
was committed. [People v. Parana, G.R. No. L45373 (1937)]
The provocation or
threat must
immediately precede
the act.
However, this circumstance cannot be
considered where sufficient time has elapsed
for the accused to regain his composure.
[People v Ventura, G.R. No. 148145-46 (2004)]
It is a mere spite
against the one
giving the
provocation or
threat.
Gravity of Personal Offense
The question whether or not a certain personal
offense is grave is dependent on the following
must be decided by the court, having in mind:
[TimPlaS]
a. Time when the insult was made;
b. Place; and
c. Social standing of the person.
Vindication
[Art. 13, Par. 5]
The grave offense
may be proximate,
which admits of an
interval of time
As to Subject of Offense
It concerns the
honor of the person.
6. PASSION OR OBFUSCATION
Requisites [IPA(US)L]
a. The accused acted upon an Impulse [Art.
13 (6), RPC];
b. The impulse must be so Powerful that it
naturally produces passion or obfuscation
in him [Art. 13(6), RPC; People v.
Danafrata, G.R. No. 143010 (2003)];
c. That there be an Act, both Unlawful and
Sufficient to produce such condition of
mind; [People v. Comillo, G.R. No. 186538
(2009)] and
d. That said act which produced the
obfuscation was not far removed from the
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commission of the crime by a considerable
Length of time, during which the
perpetrator might recover his normal
equanimity. [Del Poso v. People, G.R. No.
210810 (2016)]
Must arise from
lawful sentiments to
be mitigating.
Irresistible force is
unlawful.
Passion/Obfuscation vs. Provocation
[CAMPANILLA]
There is passion or obfuscation when there are
causes naturally producing in a person the
following:
a. Powerful excitement
b. Loss of reason and self-control
c. Diminution the exercise of his will power.
[U.S. v. Salandanan, G.R. No. 951 (1902)]
When Not Applicable
a. When the act is committed in a spirit of
lawlessness or revenge. [People v. Bates,
G.R. No. 139907 (2003)]
b. If the cause of loss of self-control is trivial
and slight, obfuscation is not mitigating.
[U.S. v. Diaz, G.R. No. 5155 (1910)]
c. Act causing obfuscation does not come
from the offended party. [REYES, Book 1,
p. 295]
Passion/Obfuscation vs. Irresistible Force
Passion or
Obfuscation
[Art. 13 (6)]
Irresistible force
[Art. 12 (5)]
As to Type of Circumstance
Mitigating
Circumstance
Exempting
Circumstance
As to Role of Physical Force
Does not involve
physical force.
Physical force is a
condition sine qua
non.
As to Source of Circumstance
Passion/obfuscation
comes from the
offender himself.
Irresistible force
comes from a third
person.
As to Source of Sentiments
Passion or
Obfuscation
[Art. 13 (6)]
Provocation
[Art. 13(4)]
As to Source of Provocation
Provocation comes from the injured party.
As to immediateness of commission
The offense which
engenders the
perturbation of mind
need not be
immediate. It is only
required that the
influence thereof
lasts until the
moment the crime is
committed.
Must immediately
precede the
commission of the
crime.
In both, the effect is the loss of reason and
self-control on the part of the offender.
Passion and Obfuscation Considered
Alongside Other Circumstances. Passion
and obfuscation cannot be considered
separately from:
a. Treachery (Aggravating Circumstance).
Passion cannot co-exist with treachery
because in passion, the offender loses his
control and reason while in treachery the
means employed are consciously adopted.
[People v. Germina, G.R. No. 120881
(1998)]
b. Provocation (Mitigating Circumstance).
They cannot be considered as two
separate mitigating circumstances. If these
two circumstances are based on the same
facts, they should be treated together as
one mitigating circumstance. [Romera v.
People, G.R. No. 151978 (2004)]
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c. Vindication (Mitigating Circumstance).
Vindication of a grave offense and passion
or obfuscation cannot be counted
separately and independently. If these two
circumstances arise from one and the
same incident, they should be considered
as only one mitigating circumstance.
[People v. Torpio, G.R. No. 138984 (2004)]
7. VOLUNTARY SURRENDER OR PLEA
OF GUILT
A. Voluntary Surrender
Requisites [NA-SV]
a. Offender has Not been actually Arrested
Exception: Where a person, after
committing the offense and having
opportunity to escape, voluntarily waited
for the agents of the authorities and
voluntarily gave up, he is entitled to the
benefit of the circumstance, even if he was
placed under arrest by a policeman then
and there. [People v. Parana, G.R. No. L45373 (1937)]
b. Offender Surrendered himself to a person
in authority or to the latter’s agent
Person in authority – one directly vested
with jurisdiction. [Art. 152]
Agent of person in authority – person,
who, by direct provision of law, or by
election or by competent authority, is
charged with the maintenance of public
order and the protection and security of life
and property and any person who comes to
the aid of persons in authority. [Art. 152]
Examples:
i. When the accused surrenders himself
to the commanding officer. [REYES,
Book 1]
ii. When the accused who first
surrendered to the Municipal Court
later surrenders himself to the
Constabulary headquarters of the
province. [People v. Casalme, G.R. No.
L-18033 (1966)]
c. Surrender was Voluntary
Surrender is voluntary if it is spontaneous
either because he:
i. Acknowledges his guilt., or
ii. Wishes to save them the trouble and
expenses that would be necessarily
incurred in his search and capture.
[Andrada v. People, G.R. No. 135222
(2005)]
NOTE: Whether or not a warrant of arrest
had been issued is immaterial and
irrelevant. The RPC does not distinguish
among the various moments when the
surrender may occur. [REYES, Book 1]
Not Considered Voluntary Surrender
a. Merely requesting a policeman to
accompany the accused to the police
headquarters. [People v. Flores, G.R. No.
137497 (1994)]
b. If the only reason for the supposed
surrender is to ensure the safety of the
accused whose arrest is inevitable, the
surrender is not spontaneous and hence
not voluntary. [People v. Pinca, G.R. No.
129256 (1999)]
c. When the accused surrendered only 14
days after the commission of the offense,
as this shows that his surrender was
merely an afterthought. [People v. Agacer,
G.R. No. 177751 (2011)]
B. Plea of Guilt
Requisites [SOP]:
a. Offender Spontaneously confessed his
guilt;
b. Confession of guilt was made in Open
court; and
c. Confession of guilt was made Prior to the
presentation of evidence. [People v.
Crisostomo, G.R. No. L-32243 (1988)]
Legal Effects
General Rule: While the plea of guilty is
mitigating, it is also considered an admission of
all material facts alleged in the information,
including aggravating circumstances. The
admission covers both the crime and its
attendant circumstances qualifying and/or
Page 39 of 286
U.P. LAW BOC
CRIMINAL LAW I
aggravating. [People v Jose, G.R. No. L-28232
(1971)]
Exception: Plea of guilty cannot be held to
include treachery and evident premeditation
where the evidence adduced does not
adequately disclose its existence. [People v
Gravino, G.R. No. L-31327-29 (1983)]
When Mitigating
a. Change of plea if made at the first
opportunity when his arraignment was first
set. [People v. Hermino, G.R. No. 45466
(1937)]
b. Withdrawal of plea of not guilty before
presentation of evidence by prosecution.
[People v. Kayanan, G.R. No. L30355(1978)]
c. A plea of guilty on an amended information
will be considered as an attenuating
circumstance if no evidence was presented
in connection with the charges made
therein. [People v. Ortiz, G.R. No. L-19585
(1965)]
When Not Mitigating
a. Conditional plea of guilty - It is when an
accused admits his guilt provided that a
certain penalty be imposed upon him.
[People v. Moro Sabilul, G.R. No. L-3765
(1951)]
b. Extrajudicial Confession – It is not
voluntary confession because it was made
outside the court. [People v. Pardo, G.R.
No. L-562 (1947)]
c. Plea of Guilt on Appeal - Plea must be
made at the first opportunity. [People v.
Hermino, G.R. No. 45466 (1937)]
Plea to a Lesser Offense
The accused may be allowed to plead guilty to
a lesser offense which is necessarily included
in the offense charged, with the consent of the
offended party and prosecutor. This may be
done at arraignment or after withdrawing his
plea of not guilty. [Sec. 2, Rule 116, ROC]
CRIMINAL LAW
8. PHYSICAL DEFECTS
Requisites: [DDBO ADCR]
a. The offender is:
i.
Deaf and Dumb
ii.
Blind, or
iii.
Otherwise suffering from some
physical defect which thus restricts his
means of:
1. Action
2. Defense, or
3. Communication with his fellow
beings
b. Physical defect must have a Relation to the
commission of the crime [REYES, Book 1]
NOTE: Illness must only diminish and not
deprive the offender of the consciousness of
his acts. Otherwise, he will be exempted from
criminal liability. [Boado Comprehensive
Reviewer, p. 51]
9. ILLNESS
Requisites [D(WP)ND(C)]:
a. Illness of the offender must Diminish the
exercise of his Will-Power.
b. Illness should Not Deprive the offender of
Consciousness of his acts. [REYES, Book
1, p. 320]
Illness v. Insanity
Illness
Insanity
[Art. 13 (9)]
[Art. 12(1)]
Definition
Any mental disorder
Refers only to
severe enough that
diseases of
it prevents a person
pathological state
from having legal
that trouble the
capacity and
conscience or will.
excuses the person
from criminal or civil
responsibility.
[Black’s Law
Dictionary]
As to Effect
Diminution of
Complete
intelligence.
deprivation of
intelligence.
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CRIMINAL LAW I
How Appreciated
Mitigating
Exempting
circumstance
circumstance
10. ANALOGOUS MITIGATING
CIRCUMSTANCES
Any other circumstance of similar nature and
analogous to the nine mitigating circumstances
enumerated in Art. 13 may be mitigating.
Examples:
a. Stealing because of extreme poverty is
considered as analogous to incomplete
state of necessity. [People v. Macbul, G.R.
No. 48976 (1943)]
b. Over 60 years old with failing sight is
considered as analogous to over 70 years
of age mentioned in par. 2. [People v.
Reantillo, G.R. No L-45685 (1938)]
c. Voluntary restitution of stolen goods is
considered as analogous to voluntary
surrender. [People v. Luntao, 50 O.G.
1182]
d. Impulse of jealous feelings is considered
as analogous to passion and obfuscation.
[People v. Libria, G.R. No. L-6585 (1954)]
e. Testifying for the prosecution, without
previous discharge is considered as
analogous to a plea of guilty. [People v.
Navasca, G.R. No. L-29107 (1977)]
f. Voluntarily taking a stolen cow back to the
authorities to save them the time and effort
of looking for the cow is considered as
analogous to voluntary surrender. [Canta v.
People, G.R. No. 140937 (2001)]
2. SPECIFIC. Those that apply only to
particular crimes. Nos. 3 (except dwelling),
15, 16, 17 and 21.
3. QUALIFYING. Those that change the
nature of the crime (i.e. Art. 248 enumerate
the qualifying AC which qualifies the killing
of person to murder). If two or more possible
qualifying circumstances were alleged and
proven, only one would qualify the offense
and the others would be generic
aggravating.
Examples
of
qualifying
aggravating
circumstances:
a. Circumstance of treachery or evident
premeditation qualifies the killing of a
person to murder. [Art. 248]
b. Circumstances of grave abuse of
confidence and calamity qualifies the
crime of theft to qualified theft. [Art.
310]
c. Circumstances of minority or taking
advantage of public office qualifies the
crime of simple seduction to qualified
seduction. [Art. 337]
Generic v. Specific v. Qualifying [REYES,
Book 1]
Generic
Specific
Qualifying
As to Penalty Imposed
Increases
the penalty
to the
maximum
period.
Increases the
penalty to the
maximum
period.
d. Aggravating Circumstances [Art.
14]
A. KINDS OF AGGRAVATING
CIRCUMSTANCES
It places the
author of the
crime in such
a situation as
to deserve
another
penalty, as
specially
prescribed by
law.
As to Applicability
1. GENERIC. Those that can generally apply
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6,
9, 10, 14, 18, 19, and 20 except “by means
of motor vehicles”. A generic aggravating
circumstance may be offset by a generic
mitigating circumstance.
Applicable to
all crimes.
Page 41 of 286
Applicable to
particular
crimes.
Applicable
only to
relevant
provisions
where such
U.P. LAW BOC
circumstances
were specified
(e.g. Art. 248Murder)
As to the Nature of the Circumstance
It is not an
ingredient of
the crime. It
only affects
the penalty
to be
imposed.
It is not an
ingredient of
the crime. It
only affects
the penalty to
be imposed.
Circumstance
affects the
nature of the
crime itself
such that the
offender shall
be liable for a
more serious
crime.
Circumstance
is actually an
ingredient of
the crime
As to being offset
Can be
offset by an
ordinary
mitigating
circumstance
CRIMINAL LAW
CRIMINAL LAW I
Can be offset
by ordinary
mitigating
circumstance
Cannot be
offset by any
mitigating
circumstance
4. INHERENT. Those that are already
elements of the felony and are thus no
longer considered against the offender in
the determination of the felony. [Boado
Comprehensive Reviewer, p. 55]
5. SPECIAL. Those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances:
a. Quasi-recidivism [Art. 160]
b. Complex crimes [Art. 48]
c. Error in personae [Art. 49]
d. Taking advantage of public position [Art.
171]
e. Membership in an organized/syndicated
crime group [Art. 62]
f. Certain Circumstances in relation to
Arson [Sec. 4, P.D. 1613]
Penalty Not Increased Despite Presence of
Aggravating Circumstances:
a. Aggravating circumstances which are
included by the law in defining a crime and
prescribing the penalty. [Art. 62, par. 1].
b. Aggravating circumstances inherent in the
crime to such a degree that it must of
necessity accompany the commission
thereof. [Art. 62, par. 2].
Aggravating Circumstances Personal to
Offenders
Aggravating circumstances which arise from:
a. Moral attributes of offender (evident
premeditation);
b. His private relations with offended party
(consanguinity and affinity); and
c. Any other personal cause (recidivism).
Effect: Above circumstances shall only serve
to aggravate the liability of the principals,
accomplices, and accessories as to whom
such circumstances apply. [Art. 62, par. 3].
Aggravating Circumstances which Depend
on the Knowledge for their Application
The following circumstances shall serve to
aggravate the liability of only the persons who
had knowledge of them at the time of the
execution of the act or their cooperation
therein:
a. Circumstances related to the material
execution of the act; and
b. Circumstances related to the means
employed to accomplish it (e.g. nighttime)
[Art. 62, par. 4]
Aggravating/Qualifying Circumstance Must
be Alleged in the Information
Every Complaint or Information must state the
qualifying and aggravating circumstances.
[Sec. 8, Rule 110, Revised Rules of Criminal
Procedure]. If not alleged, they may still be
considered in the award for damages. [People
v. Evina, G.R. Nos. 12430-31 (2003)]
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Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]
Basis
Requisites
Par. 1. Taking
advantage of
Public office
Personal
circumstance of the
offender and the
means to secure
the commission of
the crime
[PIPAM]
1. Offender is a Public Officer
2. Such officer used the Influence, Prestige or
Ascendancy which his office gives him
3. The same was used as Means by which he realizes
his purpose.
Par. 2. In
Contempt of or
with insult to
public authorities
Lack of respect for
the public
authorities
[ENOKP]
1. Public authority is Engaged in the exercise of his
functions.
2. Public authority is Not the person against whom the
crime is committed.
3. Offender Knows him to be a public authority.
4. His Presence has not prevented the offender from
committing the criminal act.
Par. 3. With insult
or lack of regard
due to offended
party by reason of
Rank, age, or sex
Personal
circumstances of
the offended party
[RASD]
1. Insult or disregard was made on account of:
a. Rank – designation or title used to fix the
relative position of the offended party in
reference to others. There must be a
difference in the social condition of the
offender and offended party
b. Age - May refer to old age or tender age of
the victim.
c. Sex - Refers to the female sex [REYES, Book
1]
2. Such insult or disregard was Deliberately intended
Par. 3. Dwelling
Place of the
commission of the
crime
[BS(ReCo) + NP]
1. Act was committed in the dwelling, which may
pertain to a:
a. Building; or
b. Structure, which is
c. Exclusively used for Rest and Comfort.
2. Offended party must Not give Provocation.
Par. 4. Abuse of
confidence
Means and ways
employed in
commission of the
crime
[TAF]
1. Offended party had Trusted the offender.
2. Offender Abused such trust by committing a crime
against the offended party.
3. The abuse of confidence Facilitated the
commission of the crime.
Aggravating
Circumstance
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CRIMINAL LAW
Par. 4. Obvious
ungratefulness
Means and ways
employed in
commission of the
crime
[TAU]
1. Offended party Trusted the offender;
2. Offender Abused such trust; and
3. Act was committed with obvious Ungratefulness.
Par. 5. In the
palace of the
Chief Executive or
in his presence, or
where public
authorities are
engaged in the
discharge of their
duties, or in a
Place dedicated to
religious worship
Place of the
commission of the
crime
Crime was committed: [PalPreDRW]
1. In the Palace of the Chief Executive, or
2. In his Presence, or
3. Where public authorities are engaged in the
Discharge of their duties, or
4. In a place dedicated to Religious Worship
Par. 6. Nighttime,
uninhabited place,
by a band
Time, place, and
means of the
commission of the
crime
Circumstances of nighttime, uninhabited place or band:
[FES]
1. Facilitated the commission of the crime; [REYES,
Book 1, p. 364]; and
2. Was Especially Sought for by the offender to insure
the commission of the crime or for the purpose of
impunity; [People v. Pardo, G.R. No. L-562 (1947)]
Par. 7. On
occasion of a
Calamity
Time and place of
the commission of
the crime
The offender must take advantage of the calamity or
misfortune
Par. 8. Aid of
Armed men or
means to ensure
impunity
Means and ways
employed in
commission of the
crime
[ArMC AAA]
1. That the armed men or persons took part in the
Commission of the crime, directly or indirectly; and
2. Accused Availed himself of their Aid or relied upon
them when the crime was committed.
Par. 9. Recidivism
Inclination to
commit crime
[TPCSC]
1. Offender is on Trial for an offense;
2. He was Previously Convicted by final judgment of
another crime;
3. That both the 1st and 2nd offenses are embraced in
the Same title of the Code; and
4. Offender is Convicted of the new offense.
Par. 10.
Reiteracion or
Habituality
Inclination to
commit crime
[TP-SEG2-C]
1. Accused is on Trial for an offense;
2. He Previously Served sentence for another offense
to which the law attaches:
a. an equal or greater penalty, or
b. For 2 or more crimes to which it attaches lighter
penalty than that for the new offense; and
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CRIMINAL LAW
3. That he is Convicted of the new offense.
Par. 11. Price,
reward, or
promise
Motivating power
[TOAI]
1. There must be Two or more principals
a. One who gives or Offers price or promise
b. One who Accepts it
2. Price, reward, or promise must be for the purpose
of Inducing another to perform the deed.
The price, reward or promise need not: [MAD]
1. Consist of or refer to Material things; or
2. Be Actually Delivered; it being sufficient that the
offer made by the principal by inducement was
accepted by the principal by direct participation
before the commission of the offense.
Par. 12.
Inundation, fire,
poison, explosion,
etc.
Means and ways
employed in
commission of the
crime
Crime was committed by means of: [IFPESIDO]
1. Inundation
2. Fire
3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin
Par. 13. Evident
premeditation
Means and ways
employed in
commission of the
crime
Prosecution must prove: [TAL]
1. Time when the offender determined to commit the
crime;
2. An Act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient Lapse of time between the
determination and execution, to allow him to reflect
upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.
Par. 14. Craft,
fraud, or disguise
Means and ways
employed in
commission of the
crime
That the crime was committed by means of:
1. Craft: Intellectual trickery and cunning on the part
of the accused;
2. Fraud: Insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design; or
3. Disguise: Any device to conceal identity
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Par. 15. Superior
strength or means
to weaken
defense
Means and ways
employed in
commission of the
crime
[NIP]
1. There is a Notorious Inequality of forces between
victim and aggressor.
2. Offender Purposely used excessive force out of
proportion to the means of defense available to the
persons attacked.
Par. 16. Alevosia
(Treachery)
Means and ways
employed in
commission of the
crime
[CAN]
1. Offender Consciously Adopts particular means,
methods, or forms tending directly and specially to
ensure the execution of the crime.
2. The employment of such means gave the offended
party No opportunity to defend himself or retaliate.
Par. 17. Ignominy
Means and ways
employed in
commission of the
crime
The means employed or the circumstances brought
about must tend to make the effects of the crime more
humiliating or to put the offended party to shame.
Par. 18. Unlawful
entry
Means and ways
employed in
commission of the
crime
Entrance is effected by a way not intended for the
purpose.
Par. 19. Breaking
wall, floor, roof
Means and ways
employed in
commission of the
crime
[WaRFDWiE]
1. Breaking the Wall, Roof, Floor, Door, or Window is
a means to the commission of the crime.; and
2. Breaking was used as a means to effect Entrance
and not merely for escape.
Par. 20. With aid
of persons Under
15
Means and ways
employed in
commission of the
crime
Commission of the crime is committed with the aid of
children under 15 years of age
Repress practice of
criminals to avail of
minors and take
advantage of their
irresponsibility
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Par. 20. By Motor
vehicles, airships,
or other similar
means
Means and ways
employed in
commission of the
crime
To counteract the
great facilities
found by modern
criminals as means
to commit crime,
and flee and
abscond
Par. 21. Cruelty
Means and ways
employed in
commission of the
crime
[MS-MC(GoCaF)]
1. That any of the following was used:
a. Motorized vehicles; or,
b. Other efficient means of transportation Similar
to automobile or airplane.
2. The same was used as Means of Committing the
crime, such as by using the same to:
a. Go to the place of the crime
b. Carry away the effects thereof; and
c. Facilitate their escape
[DIUE]
1. Injury caused be was Deliberately Increased by
causing other wrong;
2. Other wrong was Unnecessary for the Execution of
the purpose of the offender.
B. AGGRAVATING CIRCUMSTANCES
1. TAKING
OFFICE
ADVANTAGE
Kind: Generic & Special
Circumstance [R.A. 7659]
OF
CRIMINAL LAW
2. CONTEMPT OR INSULT TO PUBLIC
AUTHORITIES
PUBLIC
Kind: Generic Aggravating Circumstance
Aggravating
Requisites [PIPAM]
a. Offender is a Public Officer
b. Such officer used the Influence, Prestige or
Ascendancy which his office gives him
c. The same was used as Means by which he
realizes his purpose. [U.S. v. Rodriguez,
G.R. No. 6344 (1911)]
Test: “Did the accused abuse his office in order
to commit the crime?” [U.S. v. Rodriguez, G.R.
No. 6344 (1911)].
If the accused could have perpetrated the
crime even without occupying his position,
there is no abuse of public position. [People v.
Villamor, G.R. Nos. 140407-08 (2002)]
Requisites [ENOKP]
a. Public authority is Engaged in the exercise
of his functions
b. Public authority is Not the person against
whom the crime is committed
c. Offender Knows him to be a public
authority
d. His Presence has not prevented the
offender from committing the criminal act.
NOTE: If the crime is committed against the
public authority while in the performance of his
duty, the offender commits direct assault
instead. [Art. 148, RPC]
Effect of Failure to Allege Knowledge in
Information
Failure to expressly allege in the Information
that the accused had the knowledge that the
person attacked was a person in authority does
not render the information defective so long as
there are facts therein from which it can be
implied that the accused knew that the person
attacked was a person in authority [People v.
Balbar, G.R. Nos. L-20216-17 (1967)]
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3. INSULT OR DISREGARD OF THE
RESPECT DUE THE OFFENDED PARTY
ON ACCOUNT OF HIS: (a) RANK; (b)
AGE; OR (c) SEX, OR THAT IT BE
COMMITTED IN THE DWELLING OF THE
OFFENDED PARTY
Four circumstances are enumerated in this
paragraph, which can be considered singly or
together. If all the four circumstances are
present, they have the weight of one
aggravating circumstance only. [REYES, Book
1]
These may be considered singly when their
elements are distinctly perceived and can
subsist independently. [People v. Santos, 91
Phil. 320, 327-328 (1952)]
A. Insult or Disregard
Kind: Specific Aggravating Circumstance
Specific to crimes against persons or honor.
[People v. Pagal, G.R. No. L-32040 (1977)]
Requisites: [RASD]
a. Insult or disregard was made on account
of:
i.
Rank – designation or title used to fix
the relative position of the offended
party in reference to others. There
must be a difference in the social
condition of the offender and offended
party
ii.
Age - May refer to old age or tender
age of the victim.
iii.
Sex - Refers to the female sex
[REYES, Book 1]
b. Such insult or disregard was Deliberately
intended
Deliberately Intended
There must be evidence that in the commission
of the crime, the accused deliberately intended
to offend or insult the sex or age of the offended
party. [People v. Mangsat, G.R. No. L-34675]
CRIMINAL LAW
Not
Considered
as
Aggravating
Circumstance:
a. When the offender acted with passion and
obfuscation. [People v. Ibañez, G.R. No.
197813]
b. When there exists a relationship between
the offended party and the offender.
[People v. Valencia, G.R. No. L-39864
(1993)]
c. When the condition of being a woman is
indispensable in the commission of the
crime (e.g., rape, abduction, or seduction).
[REYES, Book 1, p. 348]
Guidelines to Prove Age
The Court established the guidelines in
appreciating age, either as an element of the
crime or as a qualifying circumstance, as
follows:
1. Best evidence - original or certified true
copy of the certificate of live birth of such
party.
2. In the absence of a certificate of live
birth, similar authentic documents (e.g.,
baptismal certificate and school records
which show the date of birth)
3. In the absence of the foregoing,
testimony, if clear and credible, of the
victim's mother or a member of the family
either by affinity or consanguinity who is
qualified to testify on matters respecting
pedigree such as the exact age or date of
birth of the offended party pursuant to
Section 40, Rule 130 of the Rules on
Evidence shall be sufficient under the
following circumstances:
a. If the victim is alleged to be below 3 years
of age and what is sought to be proved is
that she is less than 7 years old;
b. If the victim is alleged to be below 7 years
of age and what is sought to be proved is
that she is less than 12 years old;
c. If the victim is alleged to be below 12
years of age and what is sought to be
proved is that she is less than 18 years
old.
4. In the absence of the foregoing, the
complainant's
testimony
will
suffice
provided that it is expressly and clearly
admitted by the accused.
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NOTE: It is the prosecution that has the
burden of proving the age of the offended party.
The failure of the accused to object to the
testimonial evidence regarding age shall not be
taken against him. [People v. Arpon, G.R. No.
183563 (2011)]
B. Act Committed in Dwelling
Kind: Generic Aggravating Circumstance
Requisites [BS(ReCo) + NP]
a. Act was committed in the dwelling, which
may pertain to a:
i.
Building; or
ii.
Structure, which is
iii.
Exclusively used for Rest and Comfort.
b. Offended party must Not give Provocation.
Dwelling
Building or structure, exclusively used for rest
and comfort. It is not necessary that the victim
owns where she lives or dwells. A lessee,
boarder, or bedspacer can consider such place
as his home, the sanctity of which the law
seeks to uphold. [People v Daniel, G.R. No. L40330 (1978)]
Dwelling includes dependencies such as the
foot of the staircase and enclosure under the
house. [U.S. v. Tapan, G.R. No. 6504 (1911)]
Dwelling cannot be appreciated as an
aggravating circumstance when the rape is
committed on the ground floor of a two-story
structure, the lower floor being used as a video
rental store and not as a private place of abode
or residence. [People v. Tao, G.R. No. 133872
(2000)]
Dwelling v. Domicile
Dwelling should not be understood in the
concept of a domicile. A person can have more
than one dwelling.
Considered
as
Aggravating
Circumstances:
a. Even without entry to dwelling - it is
enough that the victim was attacked inside
his own house. [People v. Ompaid, G.R.
No. L-23513 (1969)]
CRIMINAL LAW
b. When crime was committed outside the
dwelling - Dwelling is still aggravating if the
commission of the crime began inside the
dwelling. [U.S. v. Lastimosa, G.R. No. 9178
(1914)]
Not Considered as an Aggravating
Circumstance:
a. When both offender and offended party are
occupants of the same house [U.S. v.
Rodriguez, supra.], and this is true even if
offender is a servant of the house. [People
v. Caliso, supra.]
b. When the owner of the dwelling gave
sufficient and immediate provocation.
[REYES, Book 1]
c. Crimes where Dwelling is Inherent:
i.
Trespass to Dwelling [Art. 280, RPC]
ii.
Robbery with force upon things [Art.
299, RPC]
4. ABUSE OF CONFIDENCE OR OBVIOUS
UNGRATEFULNESS
Kind: Generic Aggravating Circumstance
Par. 4 provides two aggravating circumstances
–abuse
of
confidence
and
obvious
ungratefulness. If both are present in the same
case, they must be independently appreciated.
[REYES, Book 1]
A. Abuse of Confidence
Requisites: [TAF]
a. Offended party Trusted the offender
b. Offender Abused such trust
c. Abuse of confidence Facilitated
commission of the crime
the
Confidence
Confidence between the offender and the
offended party must be immediate and
personal. If two persons just met for the first
time, there can be no personal or immediate
relationship upon which confidence might rest
between them. [People v. Mandolado, G.R. No.
L-51304-05 (1983)]
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CRIMINAL LAW I
Abuse
Confidence
is
an
Inherent
Circumstance of:
a. Qualified seduction [Art. 337, RPC]
b. Qualified theft [Art. 310, RPC]
c. Estafa by conversion or misappropriation
[Art. 315, RPC]
d. Malversation [Art. 217, RPC]
B. Obvious Ungratefulness
Requisites: [TAU]>
a. Offended party Trusted the offender
b. Offender Abused such trust
c. Act
was
committed
with
obvious
Ungratefulness
5. CRIME WAS COMMITTED IN THE
PALACE OF THE CHIEF EXECUTIVE OR
IN HIS PRESENCE, OR WHERE PUBLIC
AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN A
PLACE DEDICATED TO RELIGIOUS
WORSHIP
Kind: Generic Aggravating Circumstance
Four (4) Circumstances Contemplated
Crime was committed: [PalPreDRW]
a. In the Palace of the Chief Executive, or
b. In his Presence, or
c. Where public authorities are engaged in
the Discharge of their duties, or
d. In a place dedicated to Religious Worship
Rules:
1. If committed in the Palace of the Chief
Executive or in a Church (Place of
Religious Worship - it is aggravating
regardless of whether State or official or
religious functions are being held. The
President need not be in the palace.
[REYES, Book 1, p. 361]
2. If committed in the Presence of the
Chief Executive – it is aggravating
regardless of the place where the crime is
committed. It also applies even if he is not
engaged in the discharge of his duties in
the place where the crime was committed.
[REYES, Book 1, p. 361]
3. Cemeteries - not places dedicated for
religious worship. [REYES, Book 1, p. 362]
4. Offender must have the intention to
commit a crime when he entered the place.
[People v. Jaurigue, C.A. No. 384 (1946)]
Where public authorities are engaged in the
discharge of their duties (Par. 5) v.
Contempt or insult to public authorities
(Par. 2)
Par. 5
Public Authorities
Engaged in
Discharge of
Duties
Par. 2
Contempt or Insult
to Public
Authorities
Public authorities are engaged in the
performance of their duties.
As to Acts Punished
Crime was
committed in a place
where public
authorities are
engaged in the
discharge of their
duties
Crime was
committed in the
presence of a public
authority engaged in
the performance of
his function,
regardless of the
palace
As to Offended Party
Offended party may
or may not be the
public authority
Public authority
should not be the
offended party
6. CRIME WAS COMMITTED (1) IN THE
NIGHT
TIME,
OR
(2)
IN
AN
UNINHABITED PLACE, OR (3) BY A
BAND,
WHENEVER
SUCH
CIRCUMSTANCES MAY FACILITATE
THE COMMISSION OF THE OFFENSE
Kind: Generic Aggravating Circumstance
Requisites: [FES]
Circumstances of nighttime, uninhabited place
or band:
a. Facilitated the commission of the crime;
b. Was Especially Sought for by the offender
to insure the commission of the crime or for
Page 50 of 286
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the purpose of impunity; [People v. Pardo,
G.R. No. L-562 (1947)]
Can be Considered Separately
General Rule: If they concur in the
commission of the crime, they are considered
as one aggravating circumstance.
Exception: When the following are present:
a. When their elements are distinctly
perceived
b. When they can subsist independently.
c. When it reveals a greater degree of
perversity. [People v. Santos, G.R. No.
L41-89 (1952)]
A. Nighttime (Nocturnidad)
The commission of the crime must begin and
be accomplished in the nighttime (after sunset
and before sunrise, cf. Art. 13, Civil Code).
Two (2) Tests for Nocturnity
a. Objective test - nighttime is aggravating
because the darkness facilitated the
commission of the offense; [People v.
Pardo, G.R. No. L-562 (1947)] and
b. Subjective test - nighttime is aggravating
because the darkness was purposely
sought by the offender. [People v. Ventura,
supra.]
Nighttime and Treachery
General Rule: Nighttime is absorbed in
treachery if it is part of the treacherous means
to insure the execution of the crime. [People v.
Ong, G.R. No. 34497 (1975)]
Exception: Where both the treacherous mode
of attack and nocturnity were deliberately
chosen upon the same case. Both may be
perceived distinct from one another. [People v.
Berdida, G.R. No. L-20183 (1966)]
Well-lit place
When the place is illuminated by light,
nighttime is not aggravating. [People v. Bato,
G.R. No. L-23405 (1967)]
B. Uninhabited Place
It is determined not by the distance of the
nearest house to the scene of the crime but
CRIMINAL LAW
whether or not in the place of the commission
of the offense, there was a reasonable
possibility of the victim receiving some help.
[People v. Desalisa, G.R No. 95262 (1994)]
Solitude must be sought to better attain the
criminal purpose. [People v. Aguinaldo, G.R.
No. 33843 (1931)]
When place of crime could be seen and the
voice of the victim could be heard from a
nearby house, the place of the crime is not
“uninhabited.” [People v. Laoto, G.R. No. 1928
(1928)]
C. Band (Cuadrilla)
Requisites: [4AAT]
a. There should be at least be four (4)
persons;
b. Such persons are Armed; and
c. They Acted Together in the commission of
an offense. [REYES, Book 1]
Abuse of superior strength and use of firearms
are absorbed by the aggravating circumstance
of by a band. [People v. Escabarte, G.R. No. L42964 (1988)]
Not
Considered
as
Aggravating
Circumstance in Brigandage
Brigandage is committed by more than three
armed persons forming a band of robbers [Art.
306, RPC]. Thus, that the crime was committed
by a band is inherent in the definition of the
crime and is not aggravating. [REYES, Book 1,
p. 374]
7. ON
THE
OCCASION
OF
A
CONFLAGRATION,
SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE
Kind: Generic Aggravating Circumstance
Rationale: The debased form of criminality of
one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds to
their suffering by taking advantage of their
misfortune and despoiling them. [U.S. v.
Rodriguez, G.R. No. 6344 (1911)]
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Requisite:
Offender must >take advantage of the calamity
or misfortune.
“Or Other Calamity or Misfortune”
Refers to other conditions of distress similar to
“conflagration, shipwreck, earthquake or
epidemic.”
8. AID OF ARMED MEN OR PERSONS
WHO INSURE OR AFFORD IMPUNITY
Kind: Generic Aggravating Circumstance
Requisites: [ArMC AAA]
a. Armed men or persons took part in the
commission of the crime, directly or
indirectly; and
b. Accused Availed himself of their Aid or
relied upon them while the crime was
committed
Armed Men
Persons equipped with weapons. It also covers
armed women. [People v. Licop, G.R. No.
L06061 (1954)]
Not Considered as an Aggravating
Circumstance:
a. When both the attacking party and the
party attacked were equally armed. [ALBERT]
b. When the accused as well as those who
cooperated with him in the commission of
the crime acted under the same plan and
for the same purpose. [People v. Piring,
G.R. No. 45053 (1936)]
c. Casual presence, or when the offender did
not avail himself of their aid nor knowingly
count upon their assistance in the
commission of the crime. [U.S. v. Abaigar,
G.R. No. 1255 (1903)]
By a Band (Par. 6) v. Aid of Armed Men (Par.
8)
Par. 6
By a Band
Par. 8
With Aid of
Armed Men
As to Number of Malefactors
Requires more than 3
At least 2 armed men
armed malefactors (at
least 4)
CRIMINAL LAW
As to Degree of Participation
Band members are all Armed men are mere
principals
[REYES, accomplices [REYES,
Book 1, p. 372]
Book 1, p. 376]
9. RECIDIVISM
Kind: Generic Aggravating Circumstance
Requisites [TPCSC]
a. Offender is on Trial for an offense;
b. He was Previously Convicted by final
judgment of another crime;
c. Both the first and second offenses are
embraced in the Same title of the Code;
d. Offender is Convicted of the new offense.
See: Recidivism under Multiple Offenders for
detailed discussion
10. REITERACION
Kind: Generic Aggravating Circumstance
Requisites: [TP-SEG2-C]
a. Offender is on Trial for an offense.
b. He was Previously Served sentence for:
i.
Another offense of Equal or Greater
penalty than the new offense; or
ii.
2 or more crimes of lighter penalty
c. Offender is Convicted of the new offense.
See: Reiteracion under Multiple Offenders for
detailed discussion.
11. IN CONSIDERATION OF
REWARD, OR PROMISE
A PRICE,
Kind: Generic Aggravating Circumstance
Requisites: [TOAI]
a. There must be Two or more principals:
i.
One who gives or Offers price or
promise; and
ii.
One who Accepts it; [REYES, Book 1]
b. Price, reward, or promise must be for the
purpose of Inducing another to perform the
deed. [REYES, Book 1]
The price, reward or promise need not: [MAD]
a. Consist of or refer to Material things; or
Page 52 of 286
U.P. LAW BOC
CRIMINAL LAW I
b. Be Actually Delivered; it being sufficient
that the offer made by the principal by
inducement was accepted by the principal
by direct participation before the
commission of the offense. [REGALADO,
pp. 100-101]
When this circumstance is present, it affects
not only the person who received the price or
reward, but also the person who gave it.
[REYES, Book 1]
Voluntarily giving such price or reward without
previous promise, as an expression of
appreciation for the sympathy and aid, is not
taken into consideration to increase the
penalty. [U.S. v Flores, G.R. No. 9008 (1914)]
12. COMMITTED
BY
MEANS
OF
INUNDATION,
FIRE,
POISON,
EXPLOSION,
STRANDING
OF
A
VESSEL OR INTENTIONAL DAMAGE
THERETO,
DERAILMENT
OF
A
LOCOMOTIVE, OR BY THE USE OF ANY
OTHER ARTIFICE INVOLVING GREAT
WASTE AND RUIN
Kind: Generic Aggravating Circumstance
Requisites: [IFPESIDO]
Crime was committed by means of:
a. Inundation
b. Fire
c. Poison
d. Explosion
e. Stranding of a vessel
f. Intentional damage to a vessel
g. Derailment of a locomotive
h. Any Other artifice involving great waste
and ruin
Use of Fire as to Arson and Murder
a. If intent is to kill – crime is murder and fire
is considered as a qualifying circumstance,
even if the house is burned in the process.
[Art. 248, RPC]
b. If the intent is to destroy property - crime
is arson even if someone dies as
consequence. [People v. Paterno, et al.,
G.R. No. L-2665 (1950)]
CRIMINAL LAW
13. EVIDENT PREMEDITATION
Kind: Generic Aggravating Circumstance
Requisites [TAL]
The prosecution must prove:
a. The Time when the offender determined to
commit the crime;
b. An Act manifestly indicating that the culprit
has clung to his determination; and
c. Sufficient Lapse of time between the
determination and execution, to allow him
to reflect upon the consequences of his act
and to allow his conscience to overcome
the resolution of his will. [People v.
Raquipo, G.R. No. 90766 (1990), cited in
REYES, Book 1, p. 403]
Evident premeditation implies a deliberate
planning of the act before executing it.
[REYES, Book 1]
Essence of premeditation
a. An opportunity to coolly and serenely think
and deliberate
i.
On the meaning; and
ii.
Consequences of what he planned to
do.
b. An interval long enough for his conscience
and better judgment to overcome his evil
desire and scheme. [People v. Durante,
G.R. No. L-31101 (1929)]
NOTES:
● Premeditation must be based upon
external facts, and must be evident, not
merely suspected indicating deliberate
planning. [People v. Mariano, G.R. No.
134847 (2000)]
● The date and time when the offender
determined to commit the crime is
essential, because the lapse of time for the
purpose of the third requisite is computed
from that date and time. [Rabor v. People,
G.R. No. 140344 (2000)]
● Conspiracy presupposes premeditation
[U.S. v. Cornejo, G.R. No. 9773 (1914),
cited in REYES, Book 1, p.411] Exception:
When conspiracy is merely implied.
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U.P. LAW BOC
●
CRIMINAL LAW
CRIMINAL LAW I
[People v. Upao Moro, G.R. No. L-6771
(1957), cited in REYES, Book 1]
It is not necessary that the accused
premeditated the killing of a particular
individual. If the offender premeditated on
the killing of any person (general attack), it
is proper to consider as an aggravating
circumstance because whoever was killed
was contemplated in the premeditation.
[US v. Manalinde, G.R. No. L-5292 (1909)]
Not
Considered
as
Aggravating
Circumstance:
a. Anger or Grudge - The mere existence of
ill-feeling or grudge between the parties is
not sufficient to establish premeditated
killing. There must be an outward act
showing or manifesting criminal intent.
[People v. Bernal, G.R. No. 113685 (2002)]
b. Crimes
Where
Premeditation
is
Inherent:
i.
Preconceived act – where the accused
would execute the preconceived act
only after having thought out the
method by which he intends to
accomplish it (e.g. arson, theft, estafa,
etc.) [People v. Cu, G.R. No. L-13413
(1977)]
ii.
Robbery; except in robbery with
homicide if the premeditation includes
the killing of the victim [People v.
Valeriano, G.R. No. L-2159 (1951)]
iii.
Treason [People v. Racaza, G.R. No.
L-365 (1942)]
c. Error in personae – Premeditation is not
aggravating when there is mistake of
identity as the victim is not the object of
premeditation. [People v. Dueño, G.R. No.
L-31102 (1979)]
d. Aberratio ictus – When the victim is
different from that intended, premeditation
is not aggravating [People v. Hilario, et al.,
G.R. No. 128083 (2001)]
14. CRAFT, FRAUD OR DISGUISE WAS
EMPLOYED
Kind: Generic Aggravating Circumstance
Crime was committed by means of:
a. Craft - It is chicanery resorted to by the
accused to aid in the execution of his
criminal design. [People v. Zea, G.R. No. L23109 (1984)]
b. Fraud - When there is a direct inducement
by insidious words or machinations, fraud
is present. [People v. Labuguen, G.R. No.
127849 (2000)]
c. Disguise - Resorting to any device to
conceal identity. [REYES, Book 1]
TEST: Whether the device or contrivance
was intended to or did make identification
more difficult, such as the use of a mask,
false hair or beard. [People v. Reyes, G.R.
No. 118649 (1998)]
If Disguise was Ineffective
When in spite of the use of disguise, the
culprits were recognized by the victim,
disguise is not considered as an
aggravating circumstance. [People v.
Sonsona, G.R. No. L-8966 (1956)]
Craft v. Fraud v. Disguise
Craft
Fraud
Disguise
As to Purpose
Done in
order to not
arouse
suspicion
Done to induce
someone
through
insidious words
and
machinations
Done to
conceal
identity
Craft and Fraud absorbed in Treachery
Craft and fraud may be absorbed in treachery
if they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy. Otherwise, they may co-exist
independently where they are adopted for a
different purpose in the commission of the
crime. [People v. Lab-eo, supra.]
Not Considered as an Aggravating
Circumstance
a. Qualified theft [Art. 310, RPC] – Craft is an
element of qualified theft [People v.
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CRIMINAL LAW I
Tiongson, C.A., 59 O.G. 4521, cited in
REYES, Book 1]
b. Crimes where Fraud is inherent:
i.
Preventing the meeting of Congress
and similar bodies [Art. 143, RPC]
ii.
Violation of parliamentary immunity
[Art. 145, RPC]
iii.
Crimes against public interest under
Chapter Three
iv.
Crimes committed by public officers
under Chapter Three
v.
Execution of deeds by means of
violence or intimidation [Art. 298, RPC]
vi.
Crimes
against
property
under
Chapters 5 and 6
vii.
Marriage contracted against the
provisions of the law [Art. 350, RPC]
viii.
Rape through fraudulent machination
[Art. 266-A (1)(c), RPC]
The means used must not totally eliminate
possible defense of the victim, otherwise it will
fall under treachery.
15. (a) TAKING ADVANTAGE OF SUPERIOR
STRENGTH; OR (b) MEANS WAS
EMPLOYED
TO
WEAKEN
THE
DEFENSE
Kind: Specific Aggravating Circumstance
Specific to crimes against persons and
sometimes against person and property
(e.g., robbery with rape committed by
multiple persons or homicide committed by
multiple persons) [REYES, Book 1]
By a Band v. Abuse of Superior Strength
A. Advantage of Superior Strength
Requisites: [NIP]
a. There is a Notorious Inequality of
forces between victim and aggressor.
[People v. Barcelon, G.R. No. 144308
(2002)]
b. Offender Purposely used excessive
force out of proportion to the means of
defense available to the persons
attacked. [People v. Sansaet, G.R. No.
139330 (2002)]
Considerations in Determining Abuse of
Superior Strength
a. Age;
b. Size; and
c. Strength of the parties [People v.
Cabato, G.R. No. L-37400 (1988)]
Not Considered as an Aggravating
Circumstance:
a. When one who attacks is overcome with
passion and obfuscation [REYES, Book 1]
b. When quarrel arose unexpectedly [U.S. v.
Badines, G.R. No. 1951 (1905)]
c. When treachery is present, superior
strength is absorbed. [People v. Mobe,
G.R. No. L-1292 (1948)]
d. Crimes where Abuse of Superior
Strength is Inherent:
i.
Parricide [People v. Galapia, G.R. Nos.
L-39303-05 (1978)]
ii.
Rape [People v. de Leon, G.R. No.
128436 (1999)]
By a band
Abuse of superior
strength
When the offense is
committed by more
than 3 armed
malefactors
regardless of the
comparative
strength of the
victim.
The gravamen of
abuse of superiority
is the taking
advantage by the
culprits of their
collective strength to
overpower their
weaker victims.
B. Means Employed to Weaken defense
The offender employs means that materially
weakens the resisting power of the offended
party. [People v. Ducusin, G.R. No. 30724
(1929)]
Where one, struggling with another, suddenly
throws a cloak over the head of his opponent,
and, while in this situation, wounds or kills him
employs means to weaken the defense. [U.S.
v. Devela, G.R. No. 1542 (1904)]
This aggravating circumstance is appreciated
where the accused intentionally intoxicated the
victim. [People v. Ducusin, supra]
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16. TREACHERY (ALEVOSIA)
Kind: Specific Aggravating Circumstance;
Specific to crimes against persons
Requisites: [CAN]
a. Offender Consciously Adopts particular
means, methods, or forms tending directly
and specially to ensure the execution of the
crime.
b. The employment of such means gave the
offended party No opportunity to defend
himself or retaliate. [Art. 14, par. 16, RPC,
cited in REYES, Book 1]
The essence of treachery is that by virtue of the
means, method or form employed by the
offender, the offended party was not able to put
up any defense. [People v. Tiozon, G.R. No.
89823 (1991)]
Appreciation of Treachery Does Not
Depend on the Results
The treacherous character of the means
employed in the aggression does not depend
upon the result thereof but upon the means
itself. Thus, frustrated murder could be
aggravated by treachery. [People v. Parana,
G.R. No. 45373 (1937)]
Sudden Attack
The mode of attack must be consciously
adopted. The accused must make some
preparation to kill the deceased in such manner
as to insure the execution of the crime or to
make it impossible or hard for the person
attacked to defend himself or retaliate. [People
v. Tumaob, G.R. Mo. 125690 (1998)]
Treachery may still be appreciated even when
the victim was forewarned of danger to his
person. What is decisive is that the execution
of the attack made it impossible for the victim
to defend himself or to retaliate. [People v.
Malejana, G.R. No. 145002 (2006)]
Hence, a sudden attack by the assailant,
whether frontally or from behind, is treachery if
he deliberately adopted such mode of attack
with the purpose of depriving the victim of a
CRIMINAL LAW
chance to either fight or retreat. [People v. Labeo, supra.]
Example of Frontal Attack: There is
treachery when the victim is shot, albeit
frontally, with his hands raised to show that he
would not fight, or because of fright, or to try to
ward off the shots that were to come. [People
v. Dulos, G.R. No. 107328 (1994)]
Continuous
and
Non-continuous
Aggression
a. When aggression is continuous treachery must be present in the beginning
of the assault. [U.S. v. Balagtas, G.R. No.
6432 (1911)]
b. When aggression was not continuous in that there was an interruption, it is
sufficient that treachery was present at the
moment the fatal blow was given. [U.S. v.
Baluyot, G.R. No. 14476 (1919)]
Degree of Proof
Treachery cannot be presumed. The
suddenness of the attack does not, of itself,
suffice to support a finding of alevosia, so long
as the decision was made all of a sudden and
the victim’s helpless position was accidental.
[People v. Lubreo, G.R. No. 74146 (1991)].
Conspiracy
When there is conspiracy in the commission of
a crime, treachery can be appreciated against
all conspirators. [People v. Ong, G.R. No. L34497 (1975)]
No Aggravating Circumstance:
a. When the offended party was able to put up
a defense [People v. Butler, G.R. No. L50276 (1983)]
b. When victim’s helpless position was
accidental [People v. Cadag, G.R. No. L13830 (1961)]
c. When there was no other witness to the
offense or when such witness could not
provide full details of the attack. [People v.
Tiozon, G.R. No. 89823 (1991)]
d. Crimes where treachery is inherent:
i.
Murder by poisoning [People v. Caliso,
G.R. No. L-37271 (1933)]
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U.P. LAW BOC
ii.
CRIMINAL LAW I
Treason [People v. Racaza, supra]
Treachery
Absorbs
the
Following
Aggravating Circumstances: [CANAMBES]
a. Craft [People v. Malig, G.R. No. L-2083
(1949), cited in REYES, Book 1, p.466]
b. Abuse of superior strength [People v.
Siaotong, G.R. No. L-9242 (1957), cited in
REYES, Book 1, p.464]
c. Nighttime [People v. Corpuz & Serquiña,
G.R. No. L-12718 (1960), cited in REYES,
Book 1, p.464]
d. Aid of Armed men [People v. Siaotong,
supra]
e. Band [People v. Ampo-an, G.R. No. 75366
(1990), cited in REYES, Book 1, p.464]
f. Employing means to weaken the defense
[People v. Siaotong, supra]
g. Disregard of Sex [People v. Clementer,
G.R. No. L-33490 (1974)]
Evident
premeditation
As to essence
Swiftness and
unexpectedness of
the attack upon the
unsuspecting and
unarmed victim who
does not give the
slightest provocation
e. Less serious physical injuries [Art. 265,
RPC]
f. Rape
Ignominy
It is a circumstance pertaining to the moral
order, which adds disgrace to the material
injury caused by the crime. [People v. Acaya,
G.R. No. L-72998 (1988), cited in REYES,
Book One]
When Appreciated
Ignominy is appreciated when the offense is
committed in a manner that tends to make its
effect more humiliating, adding to the victim’s
moral suffering. Thus, where the victim was
already dead when his body or a part thereof
was dismembered, ignominy cannot be taken
against the accused. [People v. Cachola, G.R.
No. 135047 (2004)]
Examples:
a. Raping a woman from behind. It is
something which offends the morals of the
offended woman because this is how
animals do it. [People v. Siao, G.R. No.
126021 (2000)]
b. Examining a woman’s genitals before
raping her in the presence of her old father
were deliberately done to humiliate her,
thereby aggravating and compounding her
moral sufferings. [People v. Bumidang,
G.R. No. 130630 (2000)]
Treachery v. Evident Premeditation
Treachery
CRIMINAL LAW
Cool thought and
reflection
[People v. Rebamontan, G.R. No. 125318
(1999)]
17. IGNOMINY
Kind: Specific Aggravating Circumstance;
Specific to the following [C MaRia CLaRa]
a. Coercion (light or grave) [People v.
Cantong, C.A., 50 O.G. 5899, cited in
REYES, Book 1]
b. Murder [U.S. v de Leon, G.R. No. 522
(1902)]
c. Wanton Robbery for personal gain [People
v. Racaza, supra]
d. Crimes against Chastity
18. UNLAWFUL ENTRY
Kind: Generic Aggravating Circumstance
Unlawful Entry
There is unlawful entry when an entrance is
effected by a way not intended for that purpose.
[REYES, Book 1]
There is no unlawful entry when the door was
already broken and thereafter the accused
made an entry through the broken door. The
breaking of the door is covered by paragraph
19. [REYES, Book 1, p. 472]
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Inherent in the Following Crimes:
a. Trespass to dwelling under Art. 280
[REYES, Book 1]
b. Robbery with force upon things under Art.
299(a) and Art. 302 [REYES, Book 1]
Effect if Dwelling and Unlawful Entry are
Both Present
Dwelling and unlawful entry are taken
separately in murders committed in a dwelling.
[People v. Barruga, G.R. No. 42744 (1935)]
19. AS A MEANS TO THE COMMISSION OF
THE CRIME, A WALL, ROOF, FLOOR,
DOOR, OR WINDOW BE BROKEN
Kind: Generic Aggravating Circumstance
Requisites: [WaRFDWiE]
a. Any of the following be broken:
i.
Wall
ii.
Roof
iii.
Floor
iv.
Door
v.
Window
b. Breaking was used as a means to effect
Entrance and not merely for escape.
CRIMINAL LAW
is or is reasonably believed to be; [Rule
113, Sec. 11, Revised Rules of Criminal
Procedure]
b. To effect search in the place of directed
search [Rule 126, Sec. 7, Revised Rules of
Criminal Procedure]
c. To liberate himself or any person lawfully
aiding him when unlawfully detained in the
place of directed search. [Rule 126, Sec. 7,
Revised Rules of Criminal Procedure]
For Entrance, Not Escape/Exit
This circumstance is aggravating only when
the offender resorted to any means in order to
enter the place. [REYES, Book 1]
No Aggravating Circumstance:
Inherent in Robbery with force upon things
under Art. 299(a) and Art. 302
20. CRIME WAS COMMITTED (a) WITH THE
AID OF PERSONS UNDER FIFTEEN
YEARS OF AGE OR (b) BY MEANS OF
MOTOR
VEHICLES,
MOTORIZED
WATERCRAFT, AIRSHIPS, OR OTHER
SIMILAR MEANS
Kind: Generic Aggravating Circumstance
Unlawful Entry v. Breaking
Unlawful Entry
[Art. 14 (18)]
A. With the Aid of Persons Under 15 Years
Old
Rationale: To repress the frequent practice
resorted to by professional criminals of availing
themselves of minors taking advantage of their
lack of criminal responsibility (since minors are
given leniency when they commit a crime)
[[REYES, Book 1]
Breaking of
Wall, Roof, etc.
[Art. 14 (19)]
Actual Breaking of the Entrance
No
Yes
Entrance Actually Happened
Yes
No
Used As Means of Committing the Crime
No
Yes
When Breaking of Door or Window is Lawful
When an officer, after giving notice of his
purpose and authority, is refused admittance:
a. To make an arrest in any building or
enclosure where the person to be arrested
B. By Means of a Motor Vehicle
Requisites: [MS-MC(GoCaF)]
a. That any of the following was used:
i.
Motorized vehicles; or,
ii.
Other efficient means of transportation
Similar to automobile or airplane.
b. That the same was used as Means of
Committing the crime, such as by using the
same to:
i.
Go to the place of the crime
ii.
Carry away the effects thereof; and
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iii.
CRIMINAL LAW I
Facilitate their escape [People v.
Espejo, G.R. No. L-27708 (1970)]
NOTE: If motor vehicles are used only in the
escape of the offender, it is not aggravating.
[REYES, Book 1]
Rationale: To counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed [REYES, Book 1]
21. CRUELTY
Kind: Specific Aggravating Circumstance;
Specific to crimes against persons
Requisites [DIUE]
a. That the injury caused be Deliberately
Increased by causing the other wrong
b. The other wrong was Unnecessary for the
Execution of the purpose of the offender
For cruelty to exist, there must be proof
showing that the accused delighted in making
their victim suffer slowly and gradually, causing
him unnecessary physical and moral pain in
the consummation of the criminal act. [People
v. Catian, G.R. No. 139693 (2002)]
Outraging the Corpse
If the victim was already dead when the acts of
mutilation were being performed, this would
also qualify the killing to murder due to
outraging of his corpse [Art. 248, par. 6, RPC].
There must be proof that the wounds inflicted
on the victim were done while he was still alive
in order to be considered cruelty [People v.
Pacris, G.R. No. 69986 (1991)].
Ignominy
Cruelty
As to Type of Suffering
Shocks the moral Physical
conscience of man
As to Whether Victim has to be Alive
It pertains to the
moral order, whether
or not the victim is
dead or alive
CRIMINAL LAW
Refers to the physical
suffering of the victim
so victim has to be
alive
C. SPECIAL AGGRAVATING AND
QUALIFYING CIRCUMSTANCES
OTHER SPECIAL AGGRAVATING AND
QUALIFYING CIRCUMSTANCES [SELDA]
a. Organized or Syndicated crime group
b. Use of Explosives
c. Use of Loose firearms
d. Use of Dangerous drugs
e. Arson under P.D. 1613
a. Organized or Syndicated Crime Group
Organized/syndicated crime group
A group of two or more persons collaborating,
confederating, or mutually helping one another
for purposes of gain committing any crime. [Art.
62, RPC as amended by R.A. 7659]
Effect
When a crime is committed by an
organized/syndicated group, and the purpose
of such crime was to gain, the maximum
penalty shall be imposed. [Art. 62, RPC as
amended by R.A. 7659]
Crimes where Purpose is to Gain: [TERI]
1. Theft
2. Estafa
3. Robbery
4. Illegal recruitment
b. Use of Explosives
The Decree Codifying the Laws on Illegal/
Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition, of Firearms,
Ammunition or Explosives [P.D. 1866, as
amended by R.A. 8294] provides that the use
of explosives or incendiary devices in the
commission of a crime, resulting to death of a
person, shall be considered an aggravating
circumstance.
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Requisites [RS-HaREID]
1. Offender commits a crime in the RPC or in
a Special law;
2. In its commission, the offender uses any of
the following:
a. Hand grenade/s
b. Rifle grenade/s
c. Other Explosives such as pillbox,
Molotov cocktail bombs, and fire
bombs
d. Other Incendiary devices capable of
producing destructive effect on
contiguous objects or causing injury or
death to any person
3. Results in the Death of a person [Sec. 3,
P.D. 1866, as amended by R.A. 8294]
c. Use of
“loose firearms”
Special Aggravating Circumstance
RA 10591 or the Comprehensive Firearms and
Ammunition Regulation Act (2013) expressly
repealed Sec. 1 of P.D. 1866 as amended:
Loose firearms: [UPI SOLAR]
Pertains to firearms that are
1. Unregistered;
2. Possessed by non-licensee;
3. Illegally manufactured
4. Stolen;
5. Obliterated;
6. Lost;
7. Altered; or
8. With Revoked license [Sec. 3(v), R.A.
10591]
Rules:
● To be considered as an aggravating
circumstance – if the use of a loose
firearm is inherent in the commission of a
crime punishable under the RPC or other
special laws [Sec. 29, R.A. 10883]
If the crime committed is penalized with a
maximum penalty lower than that
prescribed for illegal possession of
firearm - penalty for illegal possession of
firearm shall instead be imposed.
If the crime committed is penalized by the
law with a maximum penalty equal to that
CRIMINAL LAW
imposed for illegal possession of
firearms - penalty of prision mayor in its
minimum period shall be imposed in
addition to the penalty for the crime
committed.
●
To be absorbed as an element of the
crime - if the violation is in furtherance of,
or incident to, or in connection with the
crime of rebellion, insurrection, or
attempted coup d’ etat, such violation shall
be absorbed as an element of the said
crimes [Sec. 29 (2), R.A. 10591]
●
To be considered as a separate and
distinct offense - If the crime is committed
by the person without using the loose
firearm, the violation of this Act shall be
considered as a distinct and separate
offense. [Sec. 29 (3), R.A. 10591]
Special Aggravating Circumstance
RA 8294 does not specify whether or not the
use of an unlicensed firearm in murder or
homicide is generic or special aggravating. It
merely states that the use of the unlicensed
firearm is appreciated as “aggravating.”
In Palaganas v. People [G.R. No. 165483
(2006)], the Court interpreted this as making
the use of unlicensed firearm in murder or
homicide as special aggravating. Applying the
logic of Palaganas by analogy, Section 29 in
RA 10591 should be interpreted as assigning
the use of loose firearms as special
aggravating as well.
d. Use
of
Dangerous
Drugs
Qualifying Aggravating Circumstance
A positive finding for the use of dangerous
drugs is a qualifying aggravating circumstance
and the application of the penalty provided for
in the RPC shall be applicable [Sec. 25, R.A.
9165]
e. Arson under PD 1613
Special Aggravating Circumstance
The following are considered special
aggravating circumstances when the crime of
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CRIMINAL LAW I
Arson is committed; that the crime was
committed: [BaHaGS]
1. For the Benefit of another
2. Because of Hatred towards owner/occupant
3. With Intent to Gain
4. By a Syndicate
Syndicate
Offense is committed by a syndicate if it is
planned or carried out by a group of three (3)
or more persons. [Sec. 4, P.D. 1613]
Under art. 62 of RPC, a syndicate needs at
least TWO persons. Under P.D. 1613, a
syndicate needs at least THREE persons.
e. Alternative Circumstances [Art. 15]
Alternative Circumstances
These are circumstances which may be taken
in consideration, as aggravating or mitigating
according to the nature and effects of the crime
and other conditions attending its commission.
[REYES, Book 1]
protection [People v. Bersabal, G.R. No. 24532
(1925)]
Other relatives included
The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
analogy as similar to that of ascendant and
descendant. [People v. Bersabal, G.R. No.
24532 (1925); People v. Portento, C.A., 38
O.G. 46, cited in REYES, Book 1]
Relationship as Exempting Circumstance:
1. When the accessory is related to the
principal.
General Rule: This includes spouses,
ascendants,
descendants,
legitimate,
natural, and adopted brothers and sisters,
or relatives by affinity within the same
degrees, with the single exception of
accessories falling within the provisions of
paragraph 1 of the next preceding article.
[Art. 20, RPC]
Exception: When said relatives profited
themselves or assisted the offender to profit
by the effects of the crime. [Art. 19 (1), RPC]
TYPES UNDER ART. 15. [RIE]
1. Relationship
2. Intoxication
3. Degree of Education/instruction
1. RELATIONSHIP
The alternative circumstance of relationship
shall be taken into consideration when the
offended party is the: [SAD SiRA]
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or
sister (Siblings)
e. Relative by Affinity in the same degree of
the offender [People v. Marco, G.R. No.
132392 (2001)]
Relatives by Affinity
Includes in-laws, stepfather, or stepmother,
stepchild and the like. It is the duty of the
stepparents to bestow upon their stepchildren
a mother’s or father’s affection, care and
2. Death under exceptional circumstances.
A legally married person who having
surprised his spouse in the act of
committing sexual intercourse with another
person who shall inflict upon them physical
injuries of any other kind (i.e. less serious
and slight physical injuries). [Art. 247, RPC]
3. Select Crimes Against Property. For
crimes of theft, swindling (estafa), and
malicious mischief there is no criminal
liability if they be caused by the following
persons [SADRAS-WS-BS]:
a. Spouses,
Ascendants
and
Descendants, or Relatives by Affinity in
the Same line.
b. The Widowed Spouse with respect to
the property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
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CRIMINAL LAW I
c. Brothers and Sisters and brothers-inlaw and sisters-in-law, if living together.
[Art. 322, RPC]
Relationship as Mitigating Circumstance:
1. In crimes against property [RUFA]
a. Robbery [Arts. 294-302, RPC]
b. Usurpation [Art. 312, RPC]
c. Fraudulent insolvency [Art. 314, RPC]
d. Arson [Arts. 321-322, 325-326, RPC].
2. When the crime is less serious or slight
physical injuries – if the offended party is
a relative of a lower degree than the
offender. [Art. 263, RPC; REYES, Book 1]
Relationship Not Appreciated:
1. When relationship is an element of the
offense: [PAC]
a. Parricide
b. Adultery
c. Concubinage [REYES, Book 1]
2. For Persons Attached by Common-Law
Relations. The law cannot be stretched to
include such relations because there is no
blood relationship or legal bond that links
the parties. [People v Atop, G.R. Nos.
124303-05 (1998)]
3. In trespass to dwelling - Where a son-inlaw, believing his wife to be in her father's
house, attempted to force an entry therein,
the relationship is to be considered in
mitigation. [U.S. vs. Ostrea, 2 Phil. 93, 95
(1903)]
3. For
Relationships
by
Affinity.
Relationships by affinity should not be
deemed to aggravate the crime in the
absence of evidence to show that the
offended party is of a higher degree in the
relationship than that of the offender.
[People vs. Canitan, G.R. No. L-16498
(1963)]
Relationship as Aggravating Circumstance:
2.
Crimes Against
Person
General Rule:
Higher degree; or
Relatives of the
same level [People
v. Alisub, 69 Phil.
362 (1969)
Exception:
Always aggravating
in the following:
1. Serious Physical
Injuries [Reyes,
Book 1]
2. Homicide or
Murder [REYES,
Book 1]
3. Rape [People v.
Delen, G.R. No.
194446 (2014)]
Crimes Against
Chastity
Relationship is always
aggravating [People v.
Orilla, G.R. Nos.
148949-40 (2004)]
Rationale: Because
of the nature and
effect of the crime
committed. It is not
shocking to our moral
sense when we hear a
father committed, for
instance, the crime of
slight physical injury
against his daughter;
but it certainly is very
shocking when we
hear that a father
committed acts of
lasciviousness on the
person of his own
daughter. [REYES,
Book 1]
INTOXICATION
Requisites to be Considered as Mitigating
Circumstance: [DSC-NHD-NWIR]
a. Act was done due to alcoholic intake of the
offender, he suffers from Diminished SelfControl.
b. Offender is Not a Habitual Drinker.
c. Offender did Not take the alcoholic drink
With the Intention to Reinforce his resolve
to commit crime. [Reyes, Book 1]
When Aggravating Circumstance
a. If intoxication is habitual; or
b. If it is intentional to embolden offender to
commit crime [REYES, Book 1]
Meaning of Habitual Drunkard
A habitual drunkard is one given to intoxication
by excessive use of intoxicating drinks. The
habit should be actual and confirmed. It is
unnecessary that it be a matter of daily
occurrence. [People v. Camano, G.R. Nos. L36662-6 (1982)]
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Accused’s State of Intoxication Must be
Proved
The defendant testified that before the murder,
he took a bottle of wine and drank little by little
until he got drunk. The policeman who arrested
the accused testified that the latter smelled of
wine and vomited. The Court held that the
evidence presented was not satisfactory to
warrant a mitigation of the penalty. [People v.
Noble, supra]
The person pleading intoxication must prove
that he took such quantity of alcoholic
beverage, prior to the commission of the crime,
as would blur his reason. [People v. Bernal,
G.R. No. 132791 (2002)]
3. DEGREE
OF
INSTRUCTION
EDUCATION
OR
Low Degree of Education
Refers to the lack of sufficient intelligence of
and knowledge of the full significance of one’s
act. [REYES, Book 1]
Requisite: To be considered mitigating,
degree of instruction must have some
reasonable connection to the offense. [REYES,
Book 1]
General Rule: Low degree of education is a
mitigating circumstance. [U.S. v. Reguera,
G.R. No. L-16639 (1921)]
Exceptions [PT-RCM]:
a. Crimes against Property (e.g., estafa, theft,
and robbery) [U.S. v. Pascual, G.R. No.
3777 (1908)]
b. Crimes against Chastity [Malesa v.
Director, cited in REYES, Book 1]
c. Treason [People v. Lansanas, G.R. No. L1622 (1948), cited in REYES, Book 1]
d. Rape [REYES, Book 1]
e. Murder or homicide; to kill is forbidden by
natural law which every rational being is
endowed to know and feel [People v.
Laspardas, G.R. No. L-46146 (1979)]
CRIMINAL LAW
High degree of education
May be appreciated as aggravating when the
offender availed himself or took advantage of it
in committing the crime. [REYES, Book 1]
f. Absolutory Causes
Absolutory Causes
Those where the act committed is a crime but
for reasons of public policy and sentiment there
is no penalty imposed. [People v. Talisic, G.R.
No. 97961 (1997)]
Types of Absolutory Causes [IPON]:
1. Instigation
2. Pardon by the offended party
3. Other absolutory causes
4. Acts Not covered by law and in case of
excessive punishment. [Art. 5, RPC]
1. INSTIGATION
Instigation
It is the means by which the accused is lured
into the commission of the offense charged in
order to prosecute him. [People v. Bartolome,
G.R. No 191726 (2013)]
The involvement of a law officer in the crime
itself in the following manner:
a. He induces a person to commit a crime for
personal gain.
b. He doesn’t take the necessary steps to
seize the instrument of the crime & to arrest
the offenders before he obtained the profits
in mind.
c. He obtained the profits in mind, even though
afterwards does take the necessary steps to
seize the instrument of the crime and to
arrest the offenders.
Basis of Exemption from Criminal Liability
A sound public policy requires that the courts
shall condemn the practice by directing the
acquittal of the accused. [REYES, Book 1]
Instigation must be made by public officers
or private detectives
A criminal act may not be punishable if the
accused was induced to commit it by active
cooperation and instigation on the part of public
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detectives [State v. Hayes, 105 Mo. 76,16 S.W.
514, 24 Am. St. Rep. 360, cited in REYES,
Book 1, p. 247]
Entrapment is Different from Instigation
Entrapment
Trapping persons into crime for the purpose of
instituting criminal prosecutions. It is a scheme
or technique ensuring the apprehension of the
criminals by being in the actual crime scene.
[People v. Lua Chu and Uy Se Tieng, 56 Phil.
44 (1931)]
In entrapment, a person has planned or is
about to commit a crime and ways and means
are resorted to by a public officer to trap and
catch the criminal. Entrapment is not a
defense. [REYES, Book 1]
The law officers shall not be guilty to the crime
if they have done the following:
a. He does not induce a person to commit a
crime for personal gain or is not involved in
the planning of the crime.
b. Does take the necessary steps to seize the
instrument of the crime and to arrest the
offenders before he obtained the profits in
mind.
Entrapment v. Instigation
Entrapment
Instigation
As to Nature
Ways and means
The instigator
are resorted to for
practically induces
the purpose of
the would-be
trapping and
accused into the
capturing the
commission of the
lawbreaker in the
offense and himself
execution of his
becomes a cocriminal plan
principal.
As to Origin of the Crime
The means originate The law enforcer
from the mind of the
conceives the
criminal.
commission of the
crime and suggests
to the accused who
carries it into
execution.
As to Means
CRIMINAL LAW
A person has
planned or is about
to commit a crime
and ways and
means are resorted
to by a public officer
to trap and catch the
criminal.
A public officer or a
private detective
induces an innocent
person to commit a
crime and would
arrest him upon or
after the
commission of the
crime by the latter.
As to Conviction or Acquittal
Not a bar to the
The accused must
prosecution and
be acquitted
conviction of the
because the
lawbreaker.
offender simply acts
as a tool of the law
enforcers
2. PARDON BY OFFENDED PARTY
Crimes of adultery and concubinage shall not
be prosecuted except upon a complaint filed by
the offended spouse. The offended party
cannot institute criminal prosecution without
including both the guilty parties, if they are both
alive, nor, in any case, if he shall have
consented or pardoned the offenders. [Art.
344, RPC]
See: Art. 344 for detailed discussion.
3. OTHER ABSOLUTORY CAUSES
[DALS-PARTS]
a. Death under exceptional circumstances
[Art. 247, RPC]
b. Accessories in light felonies [Art. 16, RPC]
c. Light felonies not consummated [Art. 16,
RPC]
d. Spontaneous desistance [Art. 6, RPC]
e. Prescription of crimes [Art. 89, RPC]
f. Accessories exempt under Art. 20 [Art. 20,
RPC]
g. Exemptions from criminal liability for cases
of theft, swindling and malicious mischief,
by virtue of his Relationship to the offended
party. [Art. 332, RPC]
h. Trespass to dwelling to prevent serious
harm to self [Art. 280, RPC]
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i.
Discovering secrets through Seizure of
correspondence of the ward by their
guardian [Art. 219, RPC]
Rationale: Only natural persons can act
with personal malice or negligence.
Moreover, penalties such as substitution of
deprivation
of
liberty
(subsidiary
imprisonment) for pecuniary penalties in
case of insolvency, or destierro can only be
executed against individuals.
3. Persons Liable and Degree of
Participation
a. Principals,
Accessories
CRIMINAL LAW
CRIMINAL LAW I
Accomplices,
and
Exception:
Special
laws
where
corporations are expressly penalized for
their violations (e.g. Corporation Law,
Public Service Law, Securities Law,
Election Code, etc.).
Persons Criminally Liable [Art. 16, RPC]
When more than one person participated in the
commission of the felony, the law looks into
their participation. The RPC classifies them as:
1. Principal
2. Accomplice
3. Accessory
This classification is true only under the RPC
and not under special laws, because the
penalties under the latter are never graduated.
If the crime is punishable under special laws,
the more appropriate term would be
“offender/s, culprit/s, accused”.
Grave and Less Grave Felonies v. Light
Felonies [Art. 16, RPC]
Grave and
Less Grave
Felonies
Light Felonies
All participants
(principal,
accomplice,
accessory) are
criminally liable.
Only principal and
accomplice are
liable.
Officers of Corporation are Liable
General
Rule:
Only
officers
of
corporations acting in their official duties
can be punishable. The offending officers
answer criminally for their acts and not the
corporation. [REYES, Book 1]
2. Passive Subject – the injured party.
1. PRINCIPALS
Art. 17. Principals – The following are
considered principals:
1. Those who take a direct part in the
execution of the act;
2. Those who directly force or induce others
to commit it;
3. Those who cooperate in the commission
of the offense by another act without
which it would not have been
accomplished.
Parties to a Crime
1. Active Subject – the offender (e.g.,
principal, accomplice, accessory)
General Rule: Only natural persons can
be the active subjects of a crime due to the
highly personal nature of criminal
responsibility. Juridical persons cannot be
active subjects.
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Requisites to be Considered as Principal
Principal by Principal by
Principal by
Direct
Indispensable
Inducement
Participatio
Cooperation
[IDC]
n [PCP]
1. Offender
Participate
d in the
criminal
resolution;
and
2.Offender
Carried
out their
plan and
Personally
took part
in its
execution
by acts
which
directly
tended to
the same
end
[People v.
Ong Chiat
Lay, G.R.
No. L39086
(1934)]
[PAC-CI]
1.Inducement
was made
with the
Intention of
procuring
the
commissio
n of the
crime
2.Said
inducement
is the
Determinin
g Cause of
the
commissio
n of the
crime by
the material
executor
[US v.
Indanan,
G.R. No. L8187
(1913)]
1. Offender
Participated
in the
criminal
resolution
such that
there is
Anterior
Conspiracy
or unity of
criminal
purpose
and
intention
before the
commission
of the
crime.
2.Cooperation
in the
commission
of the
offense by
performing
another act
which is
Indispensab
le, and
without
which it
would not
have been
accomplish
ed.
[REYES,
Book 1]
CRIMINAL LAW
a. Principal by Direct Participation [RPC,
Art. 17(1)]
Those that actually perform acts necessary in
the commission of the offense. [REYES, Book
1]
Requisites: [PCP]
1. Offender Participated in the criminal
resolution; and
2. Offender Carried out their plan and
Personally took part in its execution by acts
which directly tended to the same end
[People v. Ong Chiat Lay, supra]
Presence During Commission of Crime
General Rule: Principals by direct participation
must be at the scene of the commission of the
crime, personally taking part. [REYES, Book 1]
Exception: When there is a conspiracy and
the principal by direct participation has already
performed his part prior to the commission of
the crime. [People v. Santos, G.R. No. 117873
(1997)]
b. Principal by Inducement [RPC, Art.
17(2)]
Those who directly force or induce others to
commit the offense. [REYES, Book 1]
Requisites [IDC]
1. Inducement be made with the Intention of
procuring the commission of the crime
2. Said inducement is the Determining Cause
of the commission of the crime by the
material executor [US v. Indanan, G.R. No.
L-8187 (1913)]
TWO (2) WAYS OF INDUCEMENT
1. By using irresistible force or causing
uncontrollable fear
a. Irresistible Force - Such physical
force as would produce an effect upon
the individual that despite all his
resistance, it reduces him to a mere
instrument.
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Force, fear, duress, or intimidation
must be present, imminent, impending;
and of such nature as to induce a wellgrounded apprehension of death or
serious bodily harm if the act be done
[People v. Anod, G.R. No. 186420
(2009].
b. Uncontrollable Fear – Such fear that
must be grave, actual, serious and of
such kind that majority of men would
succumb to such moral compulsion.
Mere threat of future injury is not
sufficient. Compulsion must be such
that it reduced the offender to a mere
instrument acting not only without will
but against his will as well. It must be of
such character to leave the accused no
opportunity for escape. [Ty v. People,
G.R. No. 149275 (2004)]
2. By giving of price or offering of reward
or promise or using words of command
a. By giving of price or offering of
reward or promise - The one giving
the price or offering the reward or
promise is a principal by inducement
while the one committing the crime in
consideration thereof is a principal by
direct participation. There is collective
criminal responsibility.
b. By using words of command person who used the words of
command is a principal by inducement
while the person who committed the
crime because of the words command
is a principal by direct participation.
Requisites of Using Words of
Command: [II-DPM]
1. The one who made the command
must have:
a. Intention of procuring the
commission of the crime
b. Ascendancy/Influence over the
person who acted
2. Words used must be:
a. So Direct, efficacious, and
powerful
to
amount
to
physical/moral coercion
b. Uttered
Prior
to
the
commission of the crime
3. Material executor has no personal
reason to commit the crime
[REYES, Book 1]
Principal by Inducement v. Proposal to
Commit a Felony [REYES, Book 1]
Principal by
Inducement
Proposal to
Commit a Felony
As to Purpose
Inducement to commit a crime
As to liability
Liable only when
crime is committed
by principal by direct
participation
Person to whom
proposal is made
should not commit
the crime
As to Crimes Included
Involves any crime
Proposal to be
punishable must
involve only
treason/rebellion
Effect of Acquittal of Principal by Direct
Participation
General Rule: Conspiracy is negated by
acquittal of co-defendant. One cannot be held
guilty of having instigated the commission of a
crime without first being shown that the crime
has been actually committed by another.
[People v. Ong Chiat Lay, supra]
Exception: When principal actor is acquitted
because he acted without malice or criminal
intent. [People v. Po Giok To, G.R. No. L-7236
(1955)].
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c. Principal by Indispensable Cooperation
[RPC, Art. 17(3)]
Those who cooperate in the commission of the
offense by another, without which it would not
have been accomplished. [REYES, Book 1]
Requisites [PAC-CI]:
1. Participation in criminal resolution such
that there is Anterior Conspiracy or unity of
criminal purpose and intention before the
commission of the crime.
2. Cooperation in the commission of the
offense by performing another act which is
Indispensable and without which it would
not have been accomplished. [REYES,
Book 1]
Cooperation
To cooperate is to help, to aid, and
presupposes knowledge of the ultimate
purpose in view. [Samson v. CA, G.R. Nos. L10364 & L-10376 (1958)]
2. ACCOMPLICES
Art. 18. Accomplices – Accomplices are the
persons who, not being included in Article
17, cooperate in the execution of the offense
by previous or simultaneous acts.
An accomplice cooperates in the execution of
the offense by previous or simultaneous acts,
provided he has no direct participation in its
execution or does not force or induce others to
commit it, or his cooperation is not
indispensable to its accomplishment. [People
v. Mandolado, supra]
Requisites: [CD-CR]
a. Community of Design: Knowing and
concurring with the criminal design of the
principal by direct participation
b. Cooperation in the execution of the offense
by previous/simultaneous acts with the
intent of supplying material/moral aid; and
c. Relationship between acts of the principal
and those attributed to the accomplice
[REYES, Book 1]
CRIMINAL LAW
Knowledge of Actual Crime Not Required
One can be an accomplice even if he did not
know of the actual crime intended by the
principal, provided he was aware that it was an
illicit act. [People v. Doctolero, G.R. No. 34386
(1991)]
Accomplice does Not Decide the Crime
Accomplices do not decide whether the crime
should be committed; they merely assent to the
plan of the principal by direct participation and
cooperate in its accomplishment. [People v.
Pilola, G.R. No. 121828 (2003)]
Accomplice in Bigamy
A person, whether man or woman, who
knowingly consents or agrees to be married to
another already bound in lawful wedlock is
guilty as an accomplice in the crime of bigamy.
[Santiago v. People, G.R. No. 200233 (2015)]
Liability of Accomplice
The liability of accomplices is less than
principals and they shall be meted with the
penalty next lower in degree (1 degree) than
that prescribed by law. [Arts. 52, 54, & 56,
RPC]
It is also possible for an accomplice to be liable
as such for a different crime than what the
principal committed, such as when he/she
provides transport for someone committing
robbery but does not participate in the killing
committed by the latter. [People v. Doble, G.R.
No. L-30028 (1982)]
Conspirator v. Accomplice
Conspirator
Accomplice
As to Criminal Design
They know of and
They
know
and
join in the criminal
agree
with
the
design
criminal design
As to When Criminal Intention is Known
From its inception,
Only after the
because they
principals have
themselves have
reached the decision
decided upon such
to commit it
course of action
As to Who Decides to Commit the Crime
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CRIMINAL LAW I
Accomplices merely
assent to the plan
and cooperate in its
accomplishment
As to Authorship of the Crime
Conspirators are the Accomplices are
merely instruments
authors of a crime
who perform acts
that are useful for,
but not essential to,
the perpetration of
the offense, giving
material/moral aid
without conspiracy
NOTE: This must be with the consent
of the principal, otherwise he is a
principal of theft [REYES, Book 1]
Conspirators decide
that a crime should
be committed
b. Assisting the Offender to Profit by
the Effects of the Crime - Knowingly
receiving stolen property and selling it
for the thief’s profit [US v. Galanco,
G.R. No. 4440 (1908)]
An accessory should not be in
conspiracy with the principal [US v. Tan
Tiap Co, G.R. No. 11643 (1916)]
2. Concealing/destroying the body of the
crime to prevent its discovery
Body of the Crime (“corpus delicti”)
Fact of the commission of the crime, not the
physical body of the deceased [Rimorin v.
People, G.R. No. 146481 (2003)]
Examples:
a. Assisting in the burial of a homicide
victim to prevent the discovery of the
crime [US v. Leal, G.R. No. 432 (1902)]
b. Making the victim appear armed to
show the necessity of killing him [US v.
Cuison, G.R. No. L-6840 (1911)]
c. Concealing the effects/instruments of
the crime, such as concealing a gun
[REYES, Book 1]
3. ACCESSORIES
Art. 19. Accessories – Accessories are
those who, having knowledge of the
commission of the crime, and without having
participated therein, either as principals or
accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
2. By concealing or destroying the body of
the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in
the escape of the principals of the crime,
provided the accessory acts with abuse
of his public functions or whenever the
author of the crime is guilty of treason,
parricide, murder, or an attempt to take
the life of the Chief Executive, or is
known to be habitually guilty of some
other crime.
PUNISHABLE ACTS OF ACCESSORIES
[PACE]:
1. Profiting themselves or Assisting the
offender to profit by the effects of the crime
Examples:
a. Profiting Themselves - Receiving
stolen property knowing that it had
been stolen [People v. Tanchoco, G.R.
No. L-38 (1946)].
3. Harboring/concealing/assisting
in
the
Escape of the principal of the crime
committed by either a public officer or a
private person
Elements under the Two (2) Classes of
Accessories
Public Officer
[PAHAL]
Private Person
[PH-TPaMAPH]
Offender is a Public Offender is a Private
officer who acts with person
Abuse of his public
functions
Offender Harbors/conceals/assists in the
escape of the principal
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CRIMINAL LAW I
is
either
Principal commits Any Crime
crime except Light Treason, Parricide,
Murder,
Attempt
felonies>
against the life of the
President,
or
principal is known to
be Habitually guilty
of another crime
Liability of Accessories
Liability is subordinate to the principal because
their participation is subsequent to the
commission of the crime. [US v. Mendoza,
G.R. No. 7540 (1912)] The penalty to be
imposed for accessories is two (2) degrees
lower than that prescribed for the felony [Art.
53, 55, & 57 RPC].
Effect of Acquittal of Principal
General Rule: If the facts alleged are not
proven or do not constitute a crime, the legal
grounds for convicting the accessory do not
exist. [US v. Mendoza, G.R. No. 7540 (1912)]
Exemption: If the principal was convicted but
not held criminally liable for an exempting
circumstance (i.e. insanity, minority, etc.) [Art.
12, RPC], the accessory may still be held
criminally liable since the crime was still
committed. [US v. Villaluz, G.R. No. 10726
(1915)]. Determination of the liability of the
accessory can proceed independently of that of
the principal. [Vino v. People, G.R. No. 84163
(1989)]
Exemptions from Criminal Liability
An accomplice is exempted from criminal
liability when:
1. Crime is a light felony. [Art. 19 (c), RPC];
or
2. Principal is a relative under the
exemptions in RPC Art. 20, except if said
accessory has profited or assisted the
principal in profiting from the crime
Relatives Included Under Art. 20 [SADBSR]
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate/natural/adopted Brother or
Sister
e. Relative by affinity within the same
degree
Rationale: The ties of blood and the
preservation of the cleanliness of one’s
name, which compels one to conceal crimes
committed by relatives so near as those
mentioned in this article. [REYES, Book 1]
Principal v. Accomplice v. Accessory
Principal
Accomplice
Accessory
[Art. 17]
[Art. 18]
[Art. 19]
As to Acts Committed
One who:
One who
One who:
cooperated
1. Directly
1. Made a
participate in the
profit from
d in the
commission
or assisted
offense or of the
the
2. Induced or offense
offender in
without
forced
profiting
being
others to
from
covered by
commit
effects of
Art. 17
the crime;
the crime;
or
or
3. Committed
2. Concealed
acts which
or
are
destroyed
indispensa
the body
ble to the
of the
commissio
crime; or
n of the
3. Harbored,
crime
concealed
or assisted
in the
escape of
the
principal
As to Imposable Penalty
Penalty
1 degree
2 degrees
prescribed by lower [Arts.
lower [Arts.
law
52, 54, & 56, 53, 55, & 57,
RPC]
RPC]
As to When Acts Were Committed
During the
Before or
After the
commission
after the
commission of
of the offense commission
the offense
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Except: When of the
there is a
offense
conspiracy
and the
principal has
already
performed his
part prior to
its
commission.
[People v.
Santos, G.R.
No. 117873
(1997)]
As to Necessity of Cooperation
Indispensable
to the
commission of
the crime
Not
indispensable
CRIMINAL LAW
brings about
the
presumption
of fencing.
As to Imposable Penalty
Higher than Penalty
2 degrees
mere
imposed for
lower than
accessory to the
that of the
robbery/theft accomplice
principal
[Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to
1612]
532]
55, RPC]
Not
indispensable
4. SPECIAL LAWS
Anti-Fencing Law v. Anti-Piracy and
Highway Robbery Law of 1974 v.
Accomplice
Anti-Piracy
Antiand
Fencing
Highway
Accessory
Law
Robbery
[Art. 19 (1)]
[P.D. 1612]
Law [P.D.
532]
As to Punishable Act
Knowingly
Knowingly
Profiting
profiting or
acquiring or
themselves
assisting the receiving
or assisting
principal to
property
the offender
profit by the taken by
to profit by
effects of a
pirates or
the effects of
robbery or
brigands or
the crime
theft
in any
manner
benefiting
therefrom
As to Crimes Applicable
Robbery
Robbery of
Any Crime
or Theft
Theft
Whether Possession Beings About
Presumption of Committing the Crime
Mere
No such
No such
possession
presumption. presumption.
Decree
Penalizing
Obstruction
of
Apprehension and Prosecution of Criminal
Offenders [P.D. 1829]
Any person who knowingly or willfully
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation
and prosecution of criminal cases, shall be
punished:
1. Prision correccional in its maximum period,
or
2. Fine ranging from PhP 1,000 – 6,000, or
3. Both
Accessory v. Principal in Obstruction of
Justice
Law Penalizing
Accessory
“Obstruction of
[Art. 19 (3)]
Justice” [P.D. 1829]
As to Acts Punished
Harboring,
Knowingly or willfully
concealing, or
obstructing,
assisting in the
impeding, frustrating
escape of the
or delaying the
principal of the
apprehension of
crime
suspects and the
investigation and
prosecution of
criminal cases
As to Liability of the Offender
Offender is merely
an accessory to the Offender is liable as
crime charged and
the principal of P.D.
another person is
1829.
charged as the
principal
As to Crimes Applicable
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If committed by
private person - only
applies to the
specified crimes
(e.g., treason,
parricide, murder,
attempt against the
life of the President,
or principal is
habitually guilty of
another crime)
CRIMINAL LAW I
Applies to any crime
CRIMINAL LAW
A. CONSPIRACY AS A FELONY
Exists when two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it. [Art. 8, RPC].
Agreement may be oral or written, express or
implied.
Requisites of Conspiracy [ACE]:
1. Two or more persons come to an
Agreement.
2. Agreement pertains to a Commission of a
felony; and
3. Execution of the felony was decided upon.
If committed by
public officer –
applies to any
crime, except light
felonies
b. Conspiracy and Proposal
Art. 8. Conspiracy and proposal to
commit felony. - Conspiracy and proposal
to commit felony are punishable only in the
cases in which the law specifically provides
a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Rule on When Conspiracy and Proposal
Constitutes a Crime
General Rule: conspiracy or proposal to
commit a crime is not punishable because they
are only preparatory acts and the law regards
them as innocent or at least permissible except
in exceptional cases. [REYES, Book 1]
Exception: When the law specifically provides
for a penalty thereof.
NOTE: Mere knowledge, acquiescence to or
agreement to cooperate, is not enough to
constitute one as party to conspiracy, absent
any active participation in the commission of
the
crime.
Conspiracy
transcends
companionship. [People v. Patano, G.R. No.
129306, (2003)]
Examples
of
Felonious
Conspiracy
[METRICS DATA]:
1. Monopolies and combinations in restraint
of trade [Art. 186, RPC]
2. Espionage [Sec. 3, C.A. 616]
3. Treason [Art. 115, RPC]
4. Rebellion [Art. 136, RPC]
5. Insurrection [Art. 136, RPC]
6. Coup d’état [Art. 136, RPC]
7. Sedition [Art. 141, RPC]
8. Selected acts under the Dangerous Drugs
Act [Sec. 26, R.A. 9165]
9. Arson [Sec. 7, P.D. 1613]
10. Terrorism [Sec. 4, R.A. 9372]
11. Access device fraud [Sec. 11, R.A. 8484]
Conspiracy as a Felony v. Conspiracy as a
Manner of Incurring Criminal Liability
Conspiracy as a felony refers to the mere
agreement to commit the said acts and NOT
the actual execution thereof. [People v. Fabro,
G.R. No. 114261 (2000)]
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Conspiracy as
Basis for Incurring
Criminal Liability
As to Stage
Preparatory acts
Executory acts
How Incurred
Commission of overt
Mere agreement
acts
As to Legal Requirements
Participants acted in
concert or
simultaneously or in
any way which is
indicative of a
meeting of the minds
RPC must
towards a common
specifically punish
criminal goal or
the act of
criminal objective.
conspiring (and
proposing)
The act of meeting
together is not
The act must not
necessary as long as
be accomplished,
a common objective
else the conspiracy
can be discerned
is absorbed and
from the overt acts.
the act itself is
punished.
The act must be
accomplished, if
there is only
conspiracy or
proposal, there is no
crime to be punished.
As to Quantum of Proof
Conspiracy must be
established by
positive and
conclusive evidence.
[People v. Laurio,
G.R. No. 181539
Conspiracy as a
(1991)]
crime must be
established
However,
beyond reasonable
circumstantial
doubt
evidence may also be
used and it can be
reasonably inferred
from the acts of the
offenders when such
acts disclose or show
Conspiracy as a
Felony
CRIMINAL LAW
a common pursuit of
the criminal objective.
[People v. Pinto, G.R.
No. 39519 (1991)]
As to Crimes Applicable
Only applies
conspiracy to
commit treason,
coup d’état,
Any crime
rebellion,
insurrection, and
sedition
B. CONSPIRACY AS A MANNER
INCURRING CRIMINAL LIABILITY
OF
Liability When Conspiracy is Established
General Rule: The act of one becomes the act
of all. All who participated therein, irrespective
of the quantity or quality of his participation is
liable equally, whether conspiracy is preplanned or instantaneous [REYES, Book 1].
Exception – Unless one or some of the
conspirators committed some other crime
which is not part of the intended crime.
Exception to the Exception – When the act
constitutes a “single indivisible offense.”
Collective Criminal Responsibility v.
Individual Criminal Responsibility
Collective Criminal Individual Criminal
Responsibility
Responsibility
As to Definition
When offenders are When each of the
criminally liable in
participants in an
the same manner
offense is
and to the same
responsible only for
extent
the consequences of
his own acts in the
absence of previous
conspiracy, unity of
criminal purpose
and intention, or
community of
criminal design [US
v. Magcomot, G.R.
No. 4329 (1909)]
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U.P. LAW BOC
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consummated in a moment’s notice — through
a single word of assent to a proposal or an
unambiguous handshake. Yet it is more difficult
to presume conspiracy in extemporaneous
outbursts of violence; hence, the demand that
it be established by positive evidence. [Li v.
People, G.R. No. 127962 (2004)]
As to Liability
Once conspiracy is
Each of the
proven, the act of
participants is
one is the act of all
responsible only for
[People v. Zafra,
his own acts
G.R. No. 225784
[Araneta, Jr. v. CA,
(2019)] and they all
G.R. No. 43527
share the same
(1990)]
liability as coprincipals [People v.
Aliben, G.R. No.
140404 (2003)]
Degree of Proof
General
Rule:
Conspiracy
must
be
established by positive and conclusive
evidence, not by conjectures or speculations.
[People v. Laurio, G.R. No. 181539 (1991)]
Exceptions:
1. Circumstantial Evidence may be Used
Conspiracy may be established through
the collective acts of the accused before,
during and after the commission of a felony
that all the accused aimed at the same
object, one performing one part and the
other performing another for the attainment
of the same objective; and that their acts,
though apparently independent, were in
fact concerted and cooperative, indicating
closeness of
personal association,
concerted action and concurrence of
sentiments. [People v. Talaogan, G.R. No.
178198 (2008)]
2. Presumption of Conspiracy (Band)
Conspiracy need not be proved if the
existence of the band is clearly established
(e.g, crime of robbery with a band). The law
presumes the attendance of conspiracy so
much so that "any member of a band who
is present at the commission of a robbery
by the band, shall be punished as principal
of any of the assaults committed by the
band, unless it be shown that he attempted
to prevent the same." [People v. Peralta,
supra.]
NOTE: Spontaneity does not preclude
conspiracy, which after all, can
CRIMINAL LAW
Doctrine of Implied Conspiracy
Conspiracy may be inferred from the conduct
of the parties, their joint purpose, community of
interest and in the mode and manner of
commission of the offense. [People v.
Pangilinan, G.R. Nos. 134823-25 (2003)].
Existence of Implied Conspiracy must be
based on:
1. Overt acts done before, during, or after the
commission of the crime; or
2. Words, remarks or language used before,
during or after the commission of the crime
[People v. Sandiganbayan, G.R. No.
158754 (2007)]
The above must show that they acted in unison
with each other, evincing a common purpose
or design. It must be shown that they
cooperated in the commission of the offense,
either morally, through advice, encouragement
or agreement or materially through external
acts indicating a manifest intent of supplying
aid in the perpetration of the crime in an
efficacious way. [People v. Ramos, G.R. No.
118570 (2004)]
No Criminal Liability in the Following
Cases:
1. Mere acquiescence to or approval of the
commission of the crime, without any act of
criminal participation, shall not render one
criminally liable as co-conspirator. [People
v. Izon, G.R. L-10397 (1958)]
be
Page 74 of 286
However, having community of design with
the principal does not prevent a malefactor
from being regarded as an accomplice if his
role in the perpetration of the homicide or
murder was, relatively speaking, of a minor
character. [People v. Nierra, G.R. No. L32624 (1980)]
U.P. LAW BOC
CRIMINAL LAW I
2. If the party desisted from the commission
of the crime. [People v. Timbol, G.R. Nos.
L-47471-3 (1944)]
Wheel or Circle Conspiracy v. Chain
Conspiracy
1. Wheel or Circle Conspiracy - there is a
single person or group (the hub) dealing
individually with two or more other persons
or groups (the spokes).
2. Chain Conspiracy - there is successive
communication and cooperation in much
the same way as with legitimate business
operations between manufacturer and
wholesaler, then wholesaler and retailer,
and then retailer and consumer. [Estrada v.
Sandiganbayan, G.R. No. 148965 (2002)]
When the person who has decided to commit a
felony proposes its execution to some other
person or persons. [Art. 8, RPC]
Requisites: [DP]
1. Decision to commit a felony; and
2. Proposal
to
execute
to
person/persons.
other
It is not necessary that the person to whom the
proposal is made agrees to commit it. [REYES,
Book 1]
Proposals Punishable by Law [ReCIT]:
1. Rebellion [Art. 136, RPC]
2. Coup d’ etat [Art. 136, RPC]
3. Insurrection [Art. 136, RPC]
4. Treason [Art. 115, RPC]
c. Multiple Offenders
Four Forms of Repetition:
1. Recidivism/Reincindencia [Art. 14(9), RPC]
2. Habituality/Reiteracion [Art. 14(10), RPC]
3. Multi-recidivism/Habitual Delinquency [Art.
62(5), RPC]
4. Quasi-recidivism [Art. 160, RPC]
CRIMINAL LAW
1. RECIDIVISM
Recidivist
One who, at the time of his trial for one crime,
shall have been previously convicted by final
judgment of another crime embraced in the
same title of the RPC. [People v. Lagarto, G.R.
No. 65833 (1991)]
Requisites [Reyes, Book 1]: [TPSC]
a. Offender is on Trial for a felony
b. He was Previously convicted by final
judgment of another crime
c. Both the first and second felonies are
embraced in the Same title of the RPC
d. Offender is Convicted of the new offense
Offender is on Trial for an Offense
What is controlling is the time of trial, not the
time of commission of the crime. [REYES,
Book 1]
● It is meant to include everything that is
done in the course of the trial, from
arraignment until after the sentence is
announced by the judge in open court.
[People v. Lagarto, supra.]
● It is sufficient that the succeeding offense
be committed after the commission of the
preceding offense, provided that at the time
of his trial for the second offense, the
accused had already been convicted of the
first offense. [REYES, Book 1]
Rules in Counting Number of Convictions
a. If both offenses were committed on the
same date, they shall be considered as
only one, hence, they cannot be separately
counted in order to constitute recidivism.
b. If judgments of conviction handed down on
the same day shall be considered as only
one conviction.
When is there Conviction by Final
Judgment
a. After lapse of period for perfecting appeal
(15 days);
b. When sentence has been partially or totally
served;
c. Accused waived in writing his right to
appeal; or
Page 75 of 286
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d. Accused has applied for probation. [Rule
120, Sec. 7, ROC]
Effect of the following:
● Pardon on the first felony – the first
conviction is still counted to make him a
recidivist, since pardon does not obliterate
the fact of his prior conviction. [People v.
Lacao, Sr., G.R. No. 95320 (1991)]
● Amnesty on the first felony - his former
conviction would not be aggravating.
According to Art. 89, amnesty extinguishes
not only the penalty but also its effects. [US
v. Sotelo, G.R. No. L-9791 (1914)]
Special Laws Not Contemplated
In recidivism, the crimes committed should be
felonies. There is no recidivism if the crime
committed is a violation of a special law.
[People v. Lauleco, C.A., 36 O.G. 956]
2. HABITUALITY
(REITERACION)
Requisites [REYES, Book 1]: [TPE2LC]
a. Offender is on Trial for an offense
b. He Previously served sentence for:
i.
Another offense to which the law
attaches Equal or greater penalty; or
ii.
2 or more crimes to which it attaches
Lighter penalty than that for the new
offense
c. Offender is Convicted of the new offense
NOTE: What is considered is the penalty
attached to offense, not the one actually
imposed. [REYES, Book 1]
Offender Already Served Sentence
There is no reiteracion if the accused was still
serving sentence at the time of the commission
of the offense. In reiteracion/habituality, it is
necessary that the offender shall have served
out his sentence for the first offense. [REYES,
Book 1]
3. QUASI-RECIDIVISM
Art. 160. Commission of another crime
during service of penalty imposed for
CRIMINAL LAW
another offense; Penalty. - Besides the
provisions of Rule 5 of Article 62, any person
who shall commit a felony after having been
convicted by final judgment, before
beginning to serve such sentence, or while
serving the same, shall be punished by the
maximum period of the penalty prescribed by
law for the new felony.
Requisites [CBD]
a. Convicted by final judgment of one offense.
b. Committed a new felony Before/During
service of such sentence. [Art. 160, RPC]
Reiteracion and Quasi-recidivism Cannot
be Simultaneous
Since reiteracion provides that the accused
has duly served the sentence for previous
conviction/s, or is legally considered to have
done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence the latter
cannot apply to a quasi-recidivist. [People v.
Layson, G.R. No. L-25177 (1969)]
Pardon [Art. 160(2), RPC]
General Rule: A quasi-recidivist may be
pardoned and pardon is to be given to a convict
who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years;
and
3. Has already served out his original
sentence or if he completing it after
reaching such age
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency.
4. MULTI-RECIDIVISM/HABITUAL
DELINQUENCY
Requisites [T-FIRE, 10-2, 10-3]
a. Offender had been convicted of any of the
crimes of [T-FIRE]: Theft; Falsification;
serious or less serious physical Injuries;
Robbery; Estafa.
b. After conviction or after serving his
sentence, he again committed, and, within
10 years from his release or first conviction,
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he was again convicted of any of the said
crimes for the 2nd time
c. After his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his
last release or last conviction, he was again
convicted of any of said offenses, the 3rd
time or oftener. [Art. 62, RPC]
NOTE: Computation of the 10-year period can
start from either the conviction OR release of
the accused in his previous crime and shall end
with the date of his conviction in the
subsequent crime. [People v. Lacsamana,
G.R. No. L-46270 (1938)]
Coverage
● It applies to all participants (e.g.,
principals,
accomplices,
accessories)
because it reveals persistence in them of
the inclination to wrongdoing and of the
perversity of character that led them to
commit the previous crime.
● It applies to any stage of the execution
(attempt, frustration, or consummation)
because subjectively, the offender reveals
the same degree of depravity or perversity
as the one who commits a consummated
crime.
Not An Ex Post Facto Law
The imposition of the additional penalty on
habitual delinquents are not unconstitutional
because such law is neither an ex post facto
law nor an additional punishment for future
crimes. It is simply a punishment on future
crimes on account of the criminal propensities
of the accused. [People v. Montera, G.R. No.
L-34431 (1931)]
Recidivism
Inherent
in
Habitual
Delinquency
A habitual delinquent is necessarily a recidivist.
In
penalizing
him,
the
aggravating
circumstance of recidivism has to be taken into
account. However, for the purpose of fixing the
additional penalty, recidivism cannot be taken
as an aggravating circumstance for the reason
that it is inherent in habitual delinquency.
[People v. Tolentino, G.R. No. L-48740 (1942)]
CRIMINAL LAW
Rules in Counting Convictions [REYES,
Book 1]
a. Convictions on the same day are counted
as one.
b. Crimes committed on the same date,
although convictions are on different dates,
are counted as one.
c. Crime committed during the minority of the
offender is not considered.
d. Commission of any of the crime need not
be consummated.
Required Allegations in Information
The information must contain dates of [PLO]:
a. Commission of Previous crimes
b. Last conviction or release
c. Other previous convictions or releases.
[People v. Venus, G.R. No. 45141 (1936)]
NOTES:
● Plea of guilty which fails to allege the dates
of the commission of previous offences,
convictions, and of releases is not an
admission of habitual delinquency, but
recidivism. [People v. Masonson, G.R. No.
45249 (1936)]
● Failure to object admission of decision
showing dates of previous convictions
cures the failure to allege said dates in the
information. [People v. Nava, C.A., 58 O.G.
4750]
Penalties [REYES, Book 1]
Nth
Penalty
Conviction
3rd
4th
5th and
succeeding
Page 77 of 286
Prescribed
penalty on
the last
crime
Plus
prision
correccional
(med. and
max. periods)
prision mayor
(min. and
med. periods)
prision mayor
(max. period)
to reclusion
temporal (min.
period)
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CRIMINAL LAW I
Limitation: 30 years. In no case shall the total
of the 2 penalties imposed upon the offender
exceed 30 years
CRIMINAL LAW
The imposition of such additional penalties is
mandatory and is not discretionary.
Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency
Recidivism/
Reincindencia;
Art. 14 (9)
Habituality/
Reiteracion/
Repetition
Habitual
Quasi-Recidivism;
Art. 160
Delinquency;
Art. 62 (5)
Art. 14 (10)
As to Nature
As to When the Second (2nd) Crime was Committed
After conviction of 1st
Within 10 years from
After conviction of 1st
After serving sentence
st
crime – but before
his last release or
crime.
for the 1 crime
serving sentence for
conviction
the 1st crime, or while
serving such sentence
As to the Crimes Committed
2nd conviction - for
At least 3
Offender has been
Offender is convicted
an offense embraced
convictions are
previously punished of:
for a 2nd felony.
in the same title of
required.
1. One (1) offense – to
RPC
which the law
NOTE: 1st crime may
attaches equal or
be a felony or offense Offender is found
greater penalty; or
but the 2nd crime must guilty for the 3rd time
or oftener of the
2. Two (2) offenses –
be a felony.
to which the law
following crimes [Tattaches lighter
FIRE]:
penalty
1. Theft
2. Falsification
NOTE: Previous and
3. Less serious or
subsequent offenses
serious physical
must NOT be embraced
Injuries
4. Robbery
in the same title of the
RPC.
5. Estafa
As to Type of Aggravating Circumstance
Special Aggravating
Extraordinary
Generic Aggravating Circumstance
Circumstance
Aggravating
Circumstance
As to Effect on Penalty
If not offset by any
Same as recidivism but
Imposes the
An additional penalty
mitigating
not always an
maximum of the
shall be imposed
circumstance,
aggravating
penalty for the new
increase the penalty
circumstance as Court
offense, and cannot
only to the maximum
should exercise
be offset by any
discretion in favor of the mitigating
accused if the previous
circumstance
offenses of the offender
are against property and
not directly against
persons and applying
Page 78 of 286
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Proof of Recidivism
It is necessary to
allege recidivism in
the information and to
attach thereto
certified copies of the
sentences rendered
against the accused.
The trial court may
still give such
aggravating
circumstance
credence if the
accused does not
object to the
presentation. [People
v. Molina, G.R. Nos.
134777-78 (2000)]
CRIMINAL LAW I
habituality would result
in a penalty of death
[REYES, Book 1]
As to Proof/Other Requirements
Proof of Habituality
Proof of QuasiRequires presentation
Recidivism
of certified copies of the Requires the
sentence rendered
presentation of a
against the accused
certified copy of the
except when the
sentence convicting
defendant pleads guilty
an accused. [People
to the information
v. Gaorana, G.R. Nos.
alleging reiteracion.
109138-39 (1998)]
[People v. Monterey y
Quindoza, G.R. No.
109767 (1996)]
4. Penalties
Penalty
The suffering that is inflicted by the State for
the transgression of a law. [REYES, Book 1]
Juridical Condition [REYES, Book 1]
Penalty must be: [PCP-LegCEDC]
1. Productive of suffering, without affecting the
integrity of the human personality.
2. Commensurate to the offense – different
crimes must be punished with different
penalties.
3. Personal – no one should be punished for
the crime of another.
4. Legal – it is the consequence of a judgment
according to law.
5. Certain – no one may escape its effects.
6. Equal for all.
7. Definite – law does not permit any court to
impose a sentence in the alternative, its
duty being to indicate the penalty imposed
definitively and positively. [People v.
Mercadejas, C.A., 54 O.G. 5707 and People
CRIMINAL LAW
Required
Allegations in
Information
The information must
contain dates of
[PLO]:
1. Commission of
Previous crimes
2. Last conviction
or release
3. Other previous
convictions or
releases. [People
v. Venus, G.R.
No. 45141
(1936)]
v. Tabije, C.A., 59, O.G. (1992), as cited in
REYES, Book 1]
8. Correctional.
Three-Fold Purpose of Penalties [REYES,
Book 1]
1. Retribution/Expiation
–
penalty
is
commensurate with gravity of offense
2. Correction/Reformation – seen in rules
regulating the execution of the penalties
consisting in the deprivation of liberty
3. Social Defense – seen in its inflexible
severity to recidivists and habitual
delinquents
Constitutional Restriction on Penalties
The following are not allowed under Art. III,
Sec. 19(1) of the 1987 Constitution:
1. Excessive fines
2. Cruel,
degrading
and
inhumane
punishment
–
when
it
is
so
disproportionate to the offense committed
so as to shock the moral sense of all
reasonable men as to what is right and
proper under the circumstances [REYES,
Book 1]
Page 79 of 286
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CRIMINAL LAW I
3. Death Penalty, unless Congress provides
for it for heinous crimes
a. Imposable Penalties
Prescribed vs. Imposable >Penalty vs.
Penalty Actually Imposed
Penalty
Prescribed
Imposable
Actually
Penalty
Penalty
Imposed
As to Definition
An initial
penalty as a
general
Penalty after
prescription
A single fixed
the
for the
penalty (also
attending or
felonies
called a
modifying
defined
straight
circumstanc
therein
penalty)
es have
which
chosen by
been
consists of a
the court
appreciated
range of
period of
time.
Example: As Applied to homicide
One
ordinary
aggravating
17 years, 4
and no
months and
Reclusion
mitigating
1 day of
temporal
circumstanc
reclusion
es: reclusion
temporal
temporal in
its maximum
period
See: Discussion under “Classification” below
for the complete list of imposable penalties.
b. Classification
Major Classification
1. Principal Penalties - Those expressly
imposed by the court in the judgment of
conviction.
2. Accessory Penalties - Those that are
deemed included in the imposition of the
principal penalties.
3. Subsidiary Penalties - Those imposed in
lieu of principal penalties, i.e.,
imprisonment in case of inability to pay the
fine. [REYES, Book 1]
Either Principal or Accessory
The following may be principal or accessory
penalties, because they are formed in the two
general classes: [REYES, Book 1]
1. Perpetual
or
temporary
absolute
disqualification
2. Perpetual
or
temporary
special
disqualification (e.g., Arts. 226-228, RPC)
3. Suspension (e.g., Art. 236, RPC)
Other Classifications
1. According to Divisibility [REYES, Book 1]
Divisible. Those that have fixed duration
and can be divided into three periods:
minimum, medium, maximum.
a. Reclusion temporal
b. Prision mayor
c. Prision correccional
d. Suspension
e. Destierro
f. Arresto mayor
g. Arresto menor
Indivisible. Those that have no fixed
duration.
a. Death
b. Reclusion perpetua
c. Perpetual absolute/special
disqualification
d. Public censure
2. According to Subject-Matter
a. Corporal - Death.
b. Deprivation of freedom - Reclusion,
prision, arresto.
c. Restriction of freedom - Destierro.
d. Deprivation of Rights - Disqualification,
suspension.
e. Pecuniary - Fine.
3. According to Gravity [Art. 9, 25, and 26,
RPC]
a. Capital
b. Afflictive
c. Correctional
d. Light
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c. Duration and Effects
Scale of Principal Penalties [Art. 25, RPC]
1. Capital Punishment: Death
2. Afflictive Penalties [RP, RT, PAD, TAD,
PSD, TSD, PM]
a. Reclusion Perpetua,
b. Reclusion Temporal,
c. Perpetual or Temporary Absolute
Disqualification,
d. Perpetual
or
Temporary
Special
Disqualification,
e. Prision Mayor.
3. Correctional Penalties [PC, AM, S, Des]
a. Prision Correccional
b. Arresto Mayor
c. Suspension
d. Destierro
4. Light Penalties [Am,Pc]
a. Arresto menor
b. Public censure
CRIMINAL LAW
5. Penalties Common to
Preceding Classes [FB]
a. Fine
b. Bond to keep the peace.
the
Three
Scale of Accessory Penalties [REYES, Book
1]
[PAD, TAD, PSD, TSD, S, CI, I, F, Pay]
1. Perpetual
or
Temporary
Absolute
Disqualification
2. Perpetual
or
Temporary
Special
Disqualification
3. Suspension from public office, the right to
vote and be voted for, the profession or
calling
4. Civil Interdiction,
5. Indemnification,
6. Forfeiture or confiscation of instruments and
proceeds of the offense,
7. Payment of costs
Penalties involving Death/Imprisonment (Deprivation of Freedom)
Penalty
Duration
Accessories
Capital Punishment
Death
Indivisible
Death, when not executed due
Indivisible
1. Perpetual absolute
to pardon or commutation
disqualification; and
(REPEALED)
2. Civil interdiction for 30 years,
if not expressly remitted in the
pardon [Art. 40, RPC]
Afflictive Penalties
Reclusion Perpetua
20 years & 1 day to 40
1. Civil interdiction for life or
years (Indivisible) [Art. 27,
during the period of the
RPC]
sentence as the case may be
2. Perpetual Absolute
Disqualification which the
offender shall suffer even
though pardoned as to the
principal penalty, unless the
same shall have been
expressly remitted in the
pardon [Art. 41, RPC]
Reclusion Temporal
1. Civil interdiction for life or
12 years & 1 day to 20
during the period of the
years [Art. 27, RPC]
sentence as the case may
be.
2. Perpetual Absolute
Disqualification which the
Page 81 of 286
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Prision Mayor
Prision Correccional
Arresto Mayor
Arresto Menor
Penalty
Perpetual Absolute
Disqualification
CRIMINAL LAW I
6 years & 1 day to 12 years
[Art. 27, RPC]
Correctional Penalties
6 months & 1 day to 6
years [Art. 27, RPC]
1 month & 1 day to 6
months [Art. 27, RPC]
Light Penalties
1 day to 30 days [Art. 27,
RPC]
CRIMINAL LAW
offender shall suffer even
though pardoned as to the
principal penalty, unless the
same shall have been
expressly remitted in the
pardon. [Art. 41, RPC]
1. Temporary Absolute
Disqualification
2. Perpetual Special
Disqualification from the right
to suffrage which the
offender shall suffer although
pardoned as to the principal
penalty unless the same
shall have been expressly
remitted in the pardon. [Art.
42, RPC]
1. Suspension from public
office
2. Suspension from the right to
follow a profession or calling
3. Perpetual Special
Disqualification for the right
of suffrage, if the duration of
the imprisonment shall
exceed 18 months [Art. 43,
RPC]
1. Suspension of right to hold
office
2. Suspension of the right of
suffrage during the term of
the sentence [Art. 44, RPC]
1. Suspension of right to hold
office
2. Suspension of the right of
suffrage during the term of
the sentence [Art. 44, RPC]
Penalties involving Deprivation of Rights
Duration
Effects
Afflictive Penalties
1. Deprivation of public office,
even if by election
2. Deprivation of right to vote &
For life
be voted for
3. Disqualification from public
office held
Page 82 of 286
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Temporary Absolute
Disqualification
6 years & 1 day to 12 years
except when disqualification
penalty is imposed as an
accessory penalty, in which
case its duration shall be
that of the principal penalty.
[Art. 27, RPC]
Perpetual Special
Disqualification
For life
Temporary Special
Disqualification
6 years & 1 day to 12 years
except when disqualification
penalty is imposed as an
accessory penalty, in which
case its duration shall be
that of the principal penalty.
[Art. 27, RPC]
Suspension
Destierro
Correctional Penalties
6 months & 1 day to 6 years
except when the penalty of
disqualification is imposed
as an accessory penalty, in
which case its duration shall
be that of the principal
penalty. [Art. 27, RPC]
6 months & 1 day to 6 years
[Art. 27, RPC]
Page 83 of 286
CRIMINAL LAW
4. Loss of retirement rights [Art.
30, RPC]
1. Deprivation of public office,
even if by election
2. Deprivation of right to vote &
be voted for during sentence
3. Disqualification from public
office held during sentence
4. Loss of retirement rights [Art.
30, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
2. Disqualification from similar
offices or employments [Art.
31, RPC]
3. Right to suffrage (vote in any
popular election for public
office or be elected to such
office) [Art. 32, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
2. Disqualification from similar
offices or employment [Art.
31, RPC]
3. Right to suffrage (vote in any
popular election for public
office or be elected to such
office) [Art. 32, RPC]
1. Public office
2. Profession or calling
3. Suffrage [Art. 33, RPC]
Prohibition to enter w/in 25-250
km radius from the designated
place [Art. 87, RPC]
U.P. LAW BOC
CRIMINAL LAW I
1. Capital Punishment
The death penalty shall be imposed in all cases
in which it must be imposed under existing
laws, except in the following cases (reclusion
perpetua shall be imposed):
1. When the guilty person be more than
seventy (70) years of age or below
eighteen (18) years of age at the time of the
commission of the crime [Art. 47, RPC, as
amended by R.A. 9344]
2. When upon appeal or automatic review of
the Supreme Court, the required majority
vote is not obtained for the imposition of the
death penalty. [Art. 47, RPC, as amended
by R.A. 9346]
Abolition of Death Penalty
R.A. 9346 (Act Prohibiting the Imposition of
Death Penalty) provides for:
1. Prohibition on death penalty [Sec. 1, R.A.
9346]
2. Repeal of R.A. 8177 (Act Designating Death
by Lethal Injection) and R.A. 7659 (Death
Penalty Law) [Sec. 1, R.A. 9346]
3. In lieu of death penalty, following shall be
imposed:
a. Reclusion perpetua - if the law violated
uses the RPC’s nomenclature; and
b. Life imprisonment - if it does not [Sec.
2, R.A. 9346]
Constitutional Prohibition
In the constitutional prohibition on death
penalty [Art. III, Sec. 19(1), 1987 Constitution],
the latter is placed in a “suspensive condition”
or in a “state of hibernation.” It is included in the
computation of penalty but not imposed.
"Death" as used in Art. 71, RPC, shall no longer
form part of the equation in the graduation of
penalties. For example, the determination of
his penalty for attempted rape shall be
reckoned not from two degrees lower than
death, but two degrees lower than reclusion
perpetua. [People v. Bon, G.R. No. 166401
(2006)]
Note that the death penalty remains in the
RPC; R.A. 9346 merely prohibits its imposition
CRIMINAL LAW
Heinous Crimes Remain “Heinous.”
Debarring the death penalty through R.A. 9346
did not declassify those crimes previously
catalogued as "heinous" (in R.A. 7659). R.A.
9346’s amendments extend only to the
application of the death penalty but not to the
definition or classification of crimes. It does not
serve as a basis for the reduction of civil
indemnity and other damages that adhere to
heinous crimes. [People v. Bon, supra.]
2. Reclusion Perpetua
Duration
In R.A. 7659, the penalty of reclusion perpetua
is now accorded a defined duration ranging
from twenty (20) years and one (1) day to forty
(40) years.
Indivisibility
Reclusion perpetua remains an indivisible
penalty despite the duration provided for it.
[REYES, Book 1]
Considering that it is an indivisible penalty, it is
also unnecessary for the court to specify the
length of imprisonment [People v. Ramirez,
G.R. No. 138261 (2001)].
Life Imprisonment v. Reclusion Perpetua
[People v. Ballabare, G.R. No. 108871 (1996)]
Cadena Perpetua
Reclusion Perpetua
(Life imprisonment)
As to Offenses
Imposed for serious
Prescribed under the
offenses penalized by
RPC
special laws
As to Accessory Penalties
No accessory
With accessory
penalties
penalties
As to Duration
Entails imprisonment
for at least 30 years
after which the convict
Does not appear to
becomes eligible for
have any definite
pardon although the
extent or duration
maximum period shall
in no case exceed 40
years
Page 84 of 286
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AM No. 15-08-02-SC, in rel. to sec. 3 of R.A.
9346.
Conditions
Effect
Convicted of offense Ineligible for parole
punished with or
under Indeterminate
reduced to reclusion Sentence Law
perpetua
(ISLAW)
When death penalty No need to use
qualification of
is not warranted
“without eligibility for
parole” as convicted
persons penalized
with an indivisible
penalty are not
eligible for parole
When death penalty Must use
is warranted, if not
qualification “without
for R.A. 9346
eligibility for parole”
to qualify reclusion
perpetua and to
emphasize that the
accused should
have been
sentenced to suffer
the death penalty if
not for R.A. 9346.
3. Destierro
Applicability
Destierro applies in the following cases: [FICE]
1. In case of Failure to give bond for good
behavior [Art. 284, RPC]
2. Serious physical Injuries
3. Penalty of Concubine in concubinage [Art.
334, RPC]
4. Death under Exceptional circumstance
[Art. 247, RPC]
5. In cases where after reducing the penalty by
one or more degrees, destierro is the proper
penalty. [REYES, Book 1]
Duration
Destierro lasts from 6 months and 1 day to 6
years. [Art. 27, RPC]
Nature of Destierro
Those sentenced to destierro are not allowed
to enter the place/s designated in the sentence
CRIMINAL LAW
or within the 25-250 km. radius specified. [Art.
87, RPC]
Although destierro does not constitute
imprisonment, it is still a deprivation of liberty.
Art. 29 of the RPC applies when the penalty is
destierro. [People vs. Bastasa, G.R. No. L32792 (1979) as cited in REYES Book 1]
Penalties
Common
to
Afflictive,
Correctional, and Light Penalties
1. Fines
Classification of Penalties
[Art. 26, RPC, as amended by Sec. 2, RA
10951]
Afflictive
More than Php1,200,000
Php40,000 to
Correctional
Php1,200,000
Light
Below Php40,000
Classification of Penalty
Art. 26 merely classifies fine and has nothing to
do with the definition of offenses. Hence, Art. 9
should prevail over Art. 26 where the
prescription of a crime and not the prescription
of a penalty is the question. [People v. Yu Hai,
G.R. No. L-9598 (1956), cited in REYES, Book
1].
Rules in Fines
1. The court can fix any amount of the fine
within the limits established by law but must
consider:
a. Mitigating
and
aggravating
circumstances
b. Wealth or means of the culprit [Art. 66,
RPC]
2. When the law does not fix its minimum - the
determination of the amount of is left to the
sound discretion of the court, provided
within the maximum authorized by law.
[People v. Quinto, G.R. No. 40934 (1934) as
cited in REYES, Book 1]
3. Fines are not divisible
Increasing or Reducing Fine
Fines are graduated into degrees when
imposing them upon accomplices and
accessories or in principals in
Page 85 of 286
U.P. LAW BOC
CRIMINAL LAW
CRIMINAL LAW I
frustrated/attempted felonies. [Arts. 50-57,
RPC]
If it is necessary to increase/reduce the penalty
of fine by 1 or more degrees it shall be
increased/reduced respectively or each degree
by one-fourth (¼) of the maximum
prescribed amount by law without changing
the minimum. This shall also be observed with
fines that are made proportional. [Art. 75, RPC]
This does not apply when there is no minimum
amount fixed by law, in which case the amount
imposed is left to the sound discretion of the
courts. [People v. Quinto, G.R. No. L-40934
(1934)]
Fine with Minimum vs. Fine Without
Maximum [REYES, Book 1]
Fine With
Fine Without
Minimum
Minimum
As to What Fixes the Maximum
In both, the law fixes the maximum of the fine
As to the Court Imposing the Minimum
The Court cannot
The Court can
change the
impose any amount
minimum
not exceeding the
maximum
When Court Also Fixed the Maximum
The Court can
The Court cannot
impose an amount
impose an amount
higher than the
higher than the
maximum
maximum
b. Light penalties - not more than 30 days
for light penalties. [see Art. 35, RPC;
REYES, Book 1]
Duration
The bond to keep the peace shall be required
to cover such period of time as the court may
determine. [Art. 27, RPC, as amended by R.A.
7659 as cited in REYES, Book 1]
Applicability
General Rule: Since according to Art. 21 no
felony shall be punishable by any penalty not
prescribed by law prior to its commission, and
bond to keep the peace is not specifically
provided for by the Code for any felony, that
penalty cannot be imposed by the court.
[REYES, Book 1]
Exception: Bond to keep the peace is
required of a person making a grave or light
threat. [Art. 284, RPC as cited in REYES, Book
1]
Bond to Keep Peace v. Bail Bond [REYES,
Book 1]
Bond to Keep the
Bail Bond
Peace
As to Purpose/Applicability
Penalty for offense
Posted for
of grave/light threat
provisional release
of a person
arrested/accused of
a crime
2. Bond to Keep Peace
Effect of Penalty: [2SDD]
1. Offender must present two (2) sureties who
shall undertake that the offender will not
commit the offense sought to be prevented
and that they will pay a court-determined
amount if said offense be committed.
2. Offender must Deposit amount to the clerk
of court.
3. Offender must be Detained if he cannot give
the bond.
a. Grave/less grave felonies - not more
than 6 months
Termination of Parental Authority
Unless subsequently revived by a final
judgment, parental authority also terminates
[Art. 229, RPC]:
1. Upon judicial declaration of abandonment
of the child in a case filed for the purpose;
or
2. Upon final judgment of a competent court
divesting the party concerned of parental
authority; xxx
d. Application
Page 86 of 286
U.P. LAW BOC
CRIMINAL LAW I
When Duration of Penalty Begins [Art. 28,
RPC]
When Duration of
Scenario
Penalty
Commences
When offender is in Duration of
prison
temporary penalties
is from the day on
which the judgment
of conviction
becomes final.
Duration of penalty
When offender is
not in prison
consisting of
deprivation of liberty
is from the day the
offender is placed at
the disposal of
judicial authorities
for the enforcement
of the penalty.
For other penalties From the day on
which the offender
commences to serve
his sentence.
When the accused, From the date of the
who
was
in promulgation of the
custody, appealed
decision of the
appellate court.
[Ocampo v. CA,
G.R. No. L-7469
(1955), cited in
REYES, Book 1 at
625]
Temporary Penalties
If
offender
is From day on which
the judgment of
undergoing
conviction becomes
preventive
final, but offender is
imprisonment
entitled to a
deduction of full time
or 4/5 of the time of
detention [REYES,
Book 1]
If offender is not From the day on
under
detention which the offender
because offender
commences to serve
was released on his sentence
bail
[REYES, Book 1]
CRIMINAL LAW
Examples of Temporary Penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
Examples of penalties
deprivation of liberty:
1. Imprisonment
2. Destierro
consisting
in
Preventive Imprisonment
The
accused
undergoes
preventive
imprisonment when the offense charged is non
bailable, or even if bailable, he cannot furnish
the required bail [REYES, Book 1]. Its purpose
is to prevent the accused from going into hiding
[BOADO, Book 1].
Rules in Deducting Period of Preventive
Imprisonment [Art. 29, RPC]
General Rule: Offenders who underwent
preventive imprisonment shall be credited in
the service of their sentence consisting of
deprivation of liberty, with the full time during
which they were under preventive
imprisonment, if they agree voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners.
Exceptions:
1. They are recidivists/have been convicted
previously twice or more times of any
crime; and
2. They failed to surrender voluntarily when
summoned for the execution of their
sentence.
NOTE: Credit for preventive imprisonment for
the penalty of reclusion perpetua shall be
deducted from 30 years.
Other Rules [Art. 29, RPC]
Scenario
Effect
If detention
Credited
in
the
prisoner does not
service
of
his
agree to abide by
sentence with fourthe same
fifths (4/5) of the time
disciplinary rules
during which he has
imposed upon
undergone
preventive
Page 87 of 286
U.P. LAW BOC
convicted
prisoners
If accused’s period
of preventive
imprisonment is
equal to/more than
the possible max.
imprisonment of
the offense
charged to which
he may be
sentenced and his
case is not yet
terminated
If maximum
penalty to which
the accused may
be sentenced is
destierro
If penalty imposed
after trial is less
than the full time
or four-fifths of the
time of the
preventive
imprisonment
i.
CRIMINAL LAW I
imprisonment
[as
amended by R.A.
6127]
Released
immediately without
prejudice to the
continuation of the
trial thereof or the
proceeding
on
appeal, if the same is
under review [as
amended by EO
214, 1988]
Exceptions: If the
accused is absent
without
justifiable
cause at any stage of
the trial, court may
motu proprio order
the rearrest of the
accused.
Recidivists, habitual
delinquents,
escapees
and
persons
charged
with heinous crimes
are also excluded.
Released after thirty
(30)
days
of
preventive
imprisonment
(as
amended by EO
214, 1988)
Convict should be
released
immediately
[REYES, Book 1]
Subsidiary Imprisonment
Definition
It is personal liability to be suffered by the
convict who has no property with which to meet
the fine at the rate of one day for each amount
equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the
CRIMINAL LAW
rendition of judgment of conviction by the trial
court, subject to the rules provided for in Article
39. [REYES, Book 1]
Nature
It is NOT an accessory penalty. Therefore, the
culprit cannot be made to go subsidiary
imprisonment unless the judgment expressly
so provides. [People v. Fajardo, G.R. No.
43466 (1938), cited in REYES, Book 1]
Accordingly, an accused cannot be made to
undergo subsidiary imprisonment in case of
insolvency to pay the fine imposed upon him
when the subsidiary imprisonment is not
imposed in the judgment of conviction. [Ramos
v. Gonong, G.R. No. L-42010, (1976)]
Rules as to Subsidiary Imprisonment [Art.
39, RPC]
Penalty
Duration of Subsidiary
Imposed
Imprisonment
Shall not exceed 1/3 of
the term of the sentence
Prisión
and shall not continue for
correccional
more than 1 year.
or arresto; and
fine
Fraction or part of a day
not counted.
Grave or less grave
felony: Shall not exceed
6 months.
Fine Only
Light felony: Shall not
exceed 15 days.
Higher
than
prisión
correccional
Penalty not to
be executed
by
confinement,
but of fixed
duration
In
case
financial
circumstances
of the convict
should
improve
Page 88 of 286
No subsidiary
imprisonment.
Same deprivations as
those of the principal
penalty, under the same
rules as in the first 3
cases above.
Convict shall pay the fine,
notwithstanding fact that
he suffered subsidiary
personal liability therefor.
U.P. LAW BOC
Not an Alternative
A convict—who has property (a) not exempt
from execution and (b) sufficient enough to
meet the fine—cannot choose to serve the
subsidiary penalty. [REYES, Book 1]
When Not Applicable
1. When the penalty imposed is higher than
prisión correccional [Art. 39, par. 3, RPC]
2. For failure to pay the reparation of the
damage caused, indemnification of the
consequential damages, and the costs of
the proceedings
3. When the penalty imposed is a fine and a
penalty not to be executed by confinement
in a penal institution and which has no
fixed duration
NOTE: Subsidiary imprisonment can be
imposed for violation of special laws pursuant
to Art. 10 of the RPC, which provides that the
RPC shall be supplementary to special laws;
unless, the special law provides that subsidiary
imprisonment shall not be imposed. [Art. 10,
RPC; Jao Yu v. People, G.R. No. 134172
(2004)]
ii.
CRIMINAL LAW
CRIMINAL LAW I
[People v. Yu Lian, CA 40 OG 4205, as cited in
REYES, Book 1]
Applicability
General Rule: Applicable to those sentenced
with imprisonment exceeding one (1) year.
• Application of the law is based on the
penalty actually imposed. Hence, in a
case where the court imposes a penalty of
prisión correccional minimum (6 months
and 1 day), ISLAW does not apply [People
v. Moises, G.R. No. L-32495 (1975), cited
in REYES, Book 1]
Exceptions:
1. Not applicable when unfavorable to the
accused [People v. Nang Kay, 88 Phil. 515,
519 as cited in REYES, Book 1]
2. The following are excluded from
coverage: [Sec. 2, ISLAW] [PH LENDS
TRES TVJ]
a. Convicted of Piracy
b. Habitual delinquents (but applies to
recidivists).
c. Convicted of offenses punished with
death penalty or Life imprisonment.
However, when there are two mitigating
circumstances, despite the offense being
punishable by reclusion temporal to
death, ISLAW applies. [People v. Roque,
90 Phil 142, 146 (1951), as cited in
REYES, Book 1]
Indeterminate Sentence Law
(R.A. 4103, as amended by Act
No. 4225)
Purpose
The law is intended to favor the defendant,
particularly to shorten his term
of
imprisonment, depending upon his behavior
and his physical, mental and moral record as a
prisoner, to be determined by the Board of
Indeterminate Sentence.
Why “Indeterminate Sentence”
After serving the minimum, the convict may be
released on parole, OR if he is not fitted for
release, he shall continue serving his sentence
until the end of the maximum [REYES, Book 1]
Mandatory
Application of ISLAW is mandatory because
the law employs the phrases “convicts shall be
sentenced” and “the court shall sentence the
accused to an indeterminate sentence.”
d. Those who shall have escaped from
confinement or Evaded service of
sentence
e. Those whose maximum term of
imprisonment does Not exceed one
year.
f. Those sentenced to the penalty of
Destierro or Suspension.
g. Convicted of misprision of Treason,
Rebellion, Espionage, Sedition.
h. Convicted of Treason, conspiracy or
proposal to commit treason
i. Those who Violated the terms of
conditional pardon granted to them by
the Chief Executive
Page 89 of 286
U.P. LAW BOC
CRIMINAL LAW
CRIMINAL LAW I
j. Those who had been sentenced by final
Judgment at the time of the approval of
this law. >
adopts the
technical
nomenclature
and
signification of
penalties under
RPC,
indeterminate
sentence is
based on rule
intended for
crimes
punishable by
RPC. [Imbo v.
People, G.R.
No. 197712
(2015)]
NOTE: ISLAW was approved on June
19, 1965
Maximum and Minimum Terms
Law
Maximum
Minimum Term
Term
Penalty which
Court’s
could be
discretion,
properly
provided that the
imposed under
minimum term is
the rules of the anywhere within
RPC, in view of the range of the
the attending
penalty next
circumstances. lower to that
prescribed by the
RPC for the
Basis:
offense, without
Imposable
RPC
regard to its 3
penalty (after
periods. [Sec. 1,
considering
ISLAW]
mitigating or
aggravating
circumstances) Basis:
[Sec. 1, ISLAW] Prescribed
penalty, not the
imposable
penalty. [People
v. Temporada,
supra]
Maximum term
Minimum term
shall not
shall not be less
exceed the
than minimum
maximum fixed specified by the
by the special
law.
law. [Sec. 1,
ISLAW]
Exception: When
the special law
Speci
adopts the
Presence of
al
technical
attending
Law
nomenclature
circumstances
and signification
does not affect
of penalties
the imposition
under RPC,
of the penalty.
indeterminate
sentence is
Exception:
based on rule
When the
intended for
special law
crimes
punishable by
RPC. [Imbo v.
People, supra]
Other modifying circumstances outside of Arts.
13 and 14 of the RPC are to be treated as
attending circumstances for purposes of
computing the maximum term under ISLAW.
[People v. Temporada, supra]
Factors in Fixing Minimum Penalty [People
v. Ducosin, 59 Phil 109, 118 (1933)]
1. Criminal as an individual
a. Age of the criminal
b. General health and physical conditions
c. Mentality, heredity and personal habits
d. Previous conduct, environment, mode of
life, and criminal record
e. Previous education (intellectual & moral)
f. Proclivities and aptitudes for usefulness
or injury to society
g. Demeanor during trial and attitude with
regard to the crime committed
h. Gravity of the offense
2. Criminal as a member of society
a. Relationship toward his dependents,
family and associates, and their
relationship with him
b. Relationship towards society at large
and the State
Rules in Authorizing Prisoner to be
Released on Parole
1. Whenever the prisoner shall have served
the minimum penalty imposed on him, and
it shall appear to the Board of Indeterminate
Sentence that such prisoner is fitted for
Page 90 of 286
U.P. LAW BOC
CRIMINAL LAW I
release, the Board may authorize his
release on parole, upon terms and
conditions as may be prescribed.
2. Whenever the prisoner on parole during the
period of surveillance violates any of the
conditions, Board may issue an order for his
arrest where the prisoner shall serve the
unexpired portion of the maximum
sentence. [Secs. 6 and 8, R.A. 4103, as
amended by Act No. 4225]
3. Even if the prisoner has already served the
minimum, but he is not fitted for release on
parole, he shall continue to serve
imprisonment until the end of the maximum.
[REYES, Book 1]
(principal,
accomplice,
accessory) [Art.
61, RPC]
3. Privileged
Mitigating
circumstance
alleged in the
Information [Arts.
68 and 69, RPC]
4. Qualifying
circumstance
alleged in the
Information
See: End of section on “Graduation of
Penalties” for comprehensive illustrations
applying rules on graduation of penalties and
ISLAW.
CRIMINAL LAW
and Indivisible
(except if
privileged
mitigating)
2. In felonies
through
Negligence [Art.
365, RPC]
3. When the
penalty is only a
Fine imposed by
an ordinance
[People v. Kuan,
G.R. No. L48515 (1942)]
4. When the
penalties are
prescribed by
Special laws
[REYES, Book
1]
e. Graduation of Penalties
Degree v. Period
Degree
Period
Definition
One entire penalty;
One of three equal
one whole penalty or portions, called
one unit of the
minimum, medium
penalties
and maximum, of a
enumerated in the
divisible penalty.
graduated scales
provided for in Art.
71 [ESTRADA, Book
1]
How Affected
Graduation of
General Rule:
penalties by degrees Graduation by
considers the
periods considers
following: [SP-MCthe ordinary
QC]
aggravating and
mitigating
1. Stages of
circumstances.
execution
[RPC, Art. 64]
(consummated,
frustrated,
Exceptions:
attempted) [Art.
[SINFiS]
61, RPC]
1. When the
2. Extent of
penalty is Single
Participation
Indivisible Penalties: [DeRPP]
1. Death
2. Reclusion Perpetua
3. Public censure
Divisible Penalties: [Ret-PriMaCo-AMaMeD]
1. Reclusion Temporal
2. Prision Mayor
3. Prision Correccional
4. Arresto Mayor
5. Destierro
6. Arresto Menor
[REYES, Book 1]
Imposition of Penalty
Rule: Whenever the law prescribes a penalty
for a felony is general terms, it shall be
understood as applicable to the consummated
felony [Art. 46, RPC].
Page 91 of 286
U.P. LAW BOC
Degrees Imposable
Consum
mated
Principal
0
Accompl
1
ice
Accesso
2
ry
CRIMINAL LAW
CRIMINAL LAW I
Frustra
ted
1
2
Attempt
ed
2
3
3
4
“0” represents the penalty prescribed by law in
defining a crime, which is to be imposed on the
PRINCIPAL in a CONSUMMATED OFFENSE,
in accordance with the provisions of Art. 46.
The other figures represent the degrees to
which the penalty must be lowered, according
to the stage of execution and extent of
participation of the accused.
Exceptions: Arts. 50 to 57 shall not apply to
cases where the law expressly prescribes the
penalty for frustrated or attempted felony, or to
be imposed upon accomplices or accessories.
[Art. 60, RPC]
Accomplice Punished as Principal
1. The ascendants, guardians, curators,
teachers and any person who, by abuse of
authority or confidential relationship, shall
cooperate as accomplices in the crimes of
rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or
abduction [Art. 346, RPC]
2. One who furnished the place for the
perpetration of the crime of slight illegal
detention [Art. 268, RPC]
Accessory Punished:
1. As Principal:
a. Knowingly concealing certain evil
practices enumerated in Art. 142
b. Obstruction of justice — See discussion
under accomplices.
2. With a Penalty One Degree Lower:
a. Knowingly using counterfeited seal or
forged signature or stamp of the
President. [Art. 162, RPC]
b. Illegal possession and use of a false
treasury or bank note. [Art. 168, RPC]
c. Using falsified document. [Art. 173,
par.3, RPC]
d. Using falsified dispatch. [Art. 173, par. 2,
RPC]
Rules for Graduating Penalties by Degree
Next Lower
Scenario
Degree
The
penalty
that follows the
When the penalty
single
and
Art.
is single and
indivisible
61(1)
indivisible
penalty in Art.
71
Reclusion
Reclusion
e.g.
Perpetua
Temporal
When the penalty Penalty
that
is composed of follows
the
Art.
two indivisible
lesser of the
61(2)
penalties
two in Art. 71
Reclusion
Reclusion
e.g.
Perpetua
to
Temporal
Death
The
penalty
Penalty
is
immediately
composed of one
following the
or more divisible
Art.
lesser of the
penalties to be
61(2)
divisible
imposed to their
penalties in art.
full extent
71
Prision
e.g.
Correccional to Arresto Mayor
Prision Mayor
The medium
and minimum
Penalty
is
period of the
composed of two
divisible
indivisible
penalty and the
Art.
penalties and the
maximum
of
61(3)
maximum period
the
of a divisible
immediately
penalty
following
penalty
Prision Mayor
Reclusion
in its maximum
Temporal in its
e.g.
to
Reclusion
maximum period
Temporal in its
to Death
medium
Page 92 of 286
U.P. LAW BOC
Art.
61(3)
e.g.
Art.
61
(4&5)
CRIMINAL LAW I
The medium
and minimum
When the penalty
period of the
is composed of
divisible
one
indivisible
penalty and the
penalty and the
maximum
of
maximum period
that
of a divisible
immediately
penalty
following
penalty
Reclusion
Prision Mayor
Temporal in its
in its maximum
maximum period to Reclusion
to
Reclusion Temporal in its
Perpetua
medium
Penalty
prescribed
by Penalty
RPC consists in 3 consisting in
periods,
the 3 periods
corresponding to down in the
different divisible scale
penalties
Penalty
Penalty
consisting in
prescribed
by
the 2 periods
RPC consists in 2
down in the
periods
scale
Penalty
Next
period
prescribed
by
down in the
RPC consists in 1
scale
period
Effect of Mitigating and Aggravating
Circumstances in Application of the Rules
for Graduating Penalties.
The penalty prescribed by the RPC for the
crime is the basis, without regard to the
mitigating or aggravating circumstances which
attended the commission of the crime. It is only
after the penalty next lower in degree is already
determined
that
mitigating/aggravating
circumstances should be considered. [REYES,
Book 1]
Privileged Mitigating Circumstance
Those rules also apply in lowering the penalty
by one or two degrees by reason of the
presence of privileged mitigating circumstance
[Arts. 68 and 69], or when the penalty is
divisible and there are two or more mitigating
CRIMINAL LAW
circumstances (generic) and no aggravating
circumstance [Art. 64].
Effects of Mitigating or Aggravating
Circumstances
[Art. 62, RPC]
Circumstance
Effect
Increase the penalty
Aggravating
without exceeding the
Circumstance maximum provided by
law
Mitigating
Diminish the penalty
Circumstance
Increases the penalty
because of recidivism,
Habitual
which is generally implied
Delinquency
in habitual delinquency.
Also imposes an
additional penalty.
Rules for Graduation of Periods
When penalty is:
1. Single Indivisible: Shall be applied
regardless of any mitigating or aggravating
circumstances. [Art. 63, RPC]
2. Two indivisible penalties [Art. 63, RPC]
Scenario
1 AC; No MC
No MC; No
AC
1 MC; No AC
2 or more
MC; No AC
Both present
Page 93 of 286
Effect
Greater penalty
Lesser penalty
Lesser penalty
Lesser penalty. Penalty
cannot be lowered by one
degree no matter how
many MCs are present.
[People v. Formigones,
G.R. No. L-3246 (1950),
cited in REYES, Book 1]
Exception:
Privileged
mitigating
circumstance
under Art. 68 or 69 is
present. [People v. Galang,
G.R. No. 70713 (1989),
cited in Reyes, Book 1]
Offset
U.P. LAW BOC
CRIMINAL LAW
CRIMINAL LAW I
3. Composed of Three Periods
=
Rules for the Application of Penalties
Containing Three Periods [Art. 64, RPC]
Scenario
Effect
No AC; No Imposed in its medium
MC
period.
1 MC; No AC Imposed in its minimum
period.
1 AC; No MC Imposed in its maximum
period.
Both MC and Court shall reasonably
AC present
offset those of one class
against the other according
to their relative weight.
2 or more Penalty next lower in
degree to that prescribed
MC; No AC
by law, in the period that it
may deem applicable,
according to the number
and
nature
of
such
circumstances [RPC, Art.
64]
2 or more Imposed in its maximum
AC; No MC
period.
NOTE: In imposing the maximum period, the
Court must specify its justification for so
imposing. By not specifying the justification for
imposing the ceiling of the period of the
imposable penalty, the fixing of the
indeterminate sentence became arbitrary, or
whimsical, or capricious [Ladines v. People,
G.R. No. 167333 (2016)].
2. For the minima and maxima of the minimum,
medium, and maximum periods, use the
following formulae:
Minimum
Min.
Perio
d
Med.
Perio
d
Max.
Perio
d
Illustration
If prescribed penalty for a felony is prision
mayor, which ranges from 6 years
(minimum of prescribed penalty) and 1 day
to 12 years (maximum of the prescribed
penalty). Then:
Maximum
!"#"!$! &'
!"#"!$! &'
3
4
()*+,)"-*. (*#/0 ()*+,)"-*. (*#/012
+6
!"#"!$! &'
!"#"!$! &'
()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
+6
−9 ./2
+;6
!"#"!$! &'
!"#"!$! &'
()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
+;6
−9 ./2
+<6
Using the example of prision mayor, with X = 2
years as computed in Step 1, and applying
these numbers to the formulae in the above
table, we have:
Minimum
Maximum
Min.
Period
= 2*/)+ /#.
9 ./2
Med.
Period
= 2*/)+ /#.
9 ./2
+(; 2*/)+)
= 2*/)+ /#.
9 ./2
+;(; 2*/)+)
(= 2*/)+ /#. 9 ./2
− 9 ./2 )
+ ; 2*/)+
(= 2*/)+ /#. 9 ./2
− 9 ./2 )
+ ;(; 2*/)+)
(= 2*/)+ /#. 9 ./2
− 9 ./2 )
+ <(; 2*/)+)
Max.
Period
4. Not Composed of Three Periods
1. Let X be
X = (maximum of prescribed penalty (minimum of prescribed penalty - 1 day))/3
"# %&'() − (, %&'() '-. " .'% − " .'%)
0
"#%&'() − (, %&'())
=
0
1 = # %&'()
Which can be simplified as:
Minimum
Maximum
Min.
, %&'() '-. " .'%
2 %&'()
Period
2 %&'() '-. " .'%
"3 %&'()
Med.
Period
Max.
"3 %&'() '-. " .'% "# %&'()
Period
3. To check if the computation is correct, the
maximum of the maximum period (as
computed in Step 2) should be equal to the
maximum of the prescribed penalty.
Page 94 of 286
U.P. LAW BOC
CRIMINAL LAW I
Maximum of the max. period in Step 2 =
12 years
Maximum of prision mayor = 12 years
CRIMINAL LAW
Illustrations Applying Rules on Graduating
Periods and ISLAW
Other Rules in Application of Penalties
1. Indeterminate sentence, when there are
privileged mitigating and ordinary
mitigating circumstances.
1. Incomplete Accident
a. If guilty of grave felony: Arresto mayor
in its maximum period to prision
correccional in its minimum period
b. If guilty of less grave felony: Arresto
mayor in its minimum and medium
periods [Art. 67, RPC]
Facts:
• Penalty prescribed in RPC: Reclusion
temporal in its maximum period to death
• Privileged MC: Minority
• Ordinary MC: Plea of guilty
2. Incomplete Exemption or Justification
a. When deed is not wholly excusable by
reason of lack of some conditions
required for exempting or justifying
circumstances – a penalty lower by one
or two degrees shall be imposed,
provided that majority of the conditions
are present. [Art. 69, RPC]
b. When the exempting circumstance has
only two (2) requisites - the presence of
one element is sufficient [REYES, Book
1]
c. Incomplete justification is a privileged
mitigating circumstance (it cannot be
offset by aggravating circumstances).
[People v. Ulep, supra.]
3. Incomplete Self-Defense, Defense of
Relatives and Strangers
a. Unlawful Aggression - should always
be present to be appreciated as a
mitigating circumstance. [U.S. vs.
Navarro, 7 Phil. 713, as cited in REYES,
Book 1]
b. Ordinary mitigating circumstance - if
only unlawful aggression is present.
c. Privileged mitigating circumstance - if
two of the three requisites are present
[People v. Oanis, G.R. No. L-47722
(1943) as cited in REYES, Book 1]
Rule
Applying first the
privileged MC,
lower first the
penalty prescribed
by the RPC for the
offense by one
degree using the
scale in Art. 71.
Make the penalty
next lower as the
starting point for
determining the
minimum of the
indeterminate
penalty.
Determine the
minimum term by
lowering the
penalty made the
starting point
another degree
lower.
Determine the
maximum term by
imposing in the
proper period the
penalty made the
starting point,
applying the
ordinary MC.
[REYES, Book 1]
4. Impossible Crimes - The penalty for
persons who committed impossible crimes
[Art. 4(2), RPC] is arresto mayor or a fine
(Php200 – 500). [Art. 59, RPC]
Page 95 of 286
As Applied
Starting
point:
Prisión mayor in its
maximum period to
reclusion temporal
in
its
medium
period.
Minimum
term:
Prisión
correccional
maximum
to
prisión mayor in its
medium period.
Maximum
term:
Prisión mayor in its
maximum period
U.P. LAW BOC
CRIMINAL LAW I
2. Other Illustrations
Maximum
Scenario
Term
No MC; No
Imposed in its
AC [Art. 64, medium
par. 1]
period.
1 ordinary
MC; No AC
[Art. 64, par.
2]
Imposed in its
minimum
period.
1 AC; No
MC [Art. 64,
par. 3]
Imposed in its
maximum
period
Both
MC
and
AC
present
[Art. 64, par.
4]
MC and AC
shall be
offset.
Complex
crime
Penalty
is
next lower
by
two
degrees
than
that
prescribed
by law for
the
crime
threatened
and there is
1 AC (grave
threats)
[Art. 282]
Penalty for
the more
serious
offense
imposed in its
maximum
period.
Penalty two
degrees
lower than
that
prescribed by
law.
Imposed in its
maximum
period.
Minimum
Term
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Anywhere
within the
range of the
penalty next
lower to the
prescribed
penalty.
Complex
crime;
2
MC; No AC
[Arts.
48
and 64, par.
5]
CRIMINAL LAW
Degree next
lower to that
provided by
RPC for the
more serious
offense.
Imposed in its
maximum
period.
Privileged
MC
and
ordinary MC
both
present
2 privileged
MC and 1
ordinary MC
Incomplete
defense; No
MC; No AC
Page 96 of 286
Degree next
lower to the
penalty
prescribed by
RPC.
Imposed in its
minimum
period.
Penalty of
two degrees
next lower to
the penalty.
Imposed in its
minimum
period.
One or two
degrees
lower than
prescribed
penalty
Degree next
lower to the
degree of the
maximum
term.
Note: When
there is a
privileged
mitigating
circumstance,
the starting
point in
determining
the minimum
term shall not
be the penalty
prescribed by
the RPC but
the penalty
next lower in
degree to the
prescribed
penalty. This
is the
exception to
the general
rule.
Degree next
lower to the
degree of the
maximum
term.
One degree
lower than the
penalty of the
maximum
term,
regardless of
its period.
Degree next
lower to
maximum
term
U.P. LAW BOC
CRIMINAL LAW I
f. Accessory Penalties
a. Perpetual or Temporary Absolute
Disqualification
Effects [DOVDOP] [Art. 30, RPC]
1. Deprivation of any public Office or
employment of offender; even if by election.
2. Deprivation of the right to Vote in any
election or to be voted upon;
3. Disqualification for the Offices or public
employments and for the exercise of any of
the rights mentioned.
4. Loss of rights to retirement pay or Pension.
Duration
1. Perpetual Absolute Disqualification during the lifetime of the convict and even
after the service of the sentence. [REYES,
Book 1]
2. Temporary Absolute Disqualification during the term of the sentence, except as
to:
a. Deprivation of the public office or
employment; and
b. Loss of all rights to retirement pay or
other pension for any office formerly
held. [Art. 30, par. 3, RPC]
Additional Penalty for Certain Accessories
Accessories falling within Art. 19(3) of the RPC
who act with abuse of their public functions,
harbored, concealed, or assisted in the escape
of the principal of the crime shall suffer the
additional penalty:
1. Perpetual absolute disqualification – for
grave felonies
2. Temporary absolute disqualification – for
less grave felonies
CRIMINAL LAW
For Exercise of Right to suffrage [Art. 32,
RPC.]
1. Deprivation of the right to vote in any
election for popular office; and
2. Deprivation of right to be elected in such
office
No Denial of Right
It is presumed those convicted of a felony are
unfit to exercise the privilege of suffrage or to
hold office. The exclusion must for this reason
be adjudged a mere disqualification, imposed
for protection and not for punishment, the
withholding of a privilege and not the denial of
a personal right. [People v. Corral, G.R. No. L42300 (1936), as cited in REYES, Book 1]
Duration
1. Perpetual
Disqualification
or
Suspension – perpetually [REYES, Book 1]
2. Temporary
Disqualification
or
Suspension - if imposed as an accessory
penalty, the duration is the same as that of
the principal penalty. [Art. 30, par. 3(2),
RPC]
c. Suspension from Public Office, the Right
to Vote and be Voted for, the Right to
Practice a Profession or Calling
Effects
Involves disqualification from: [Art. 33, RPC]
1. Holding such office and holding another
office having similar functions during the
period of suspension
2. Exercising such profession
3. Exercising right of suffrage
Duration
Term of the sentence. [Art. 33, RPC]
b. Perpetual or Temporary Special
Disqualification
d. Civil Interdiction
For Public Office, Profession or Calling [Art.
31, RPC]
1. Deprivation of the office, employment,
profession or calling affected; and
2. Disqualification for holding similar offices or
employments during the period of
disqualification.
Effects [Art. 34, RPC]
Deprivation of the following rights: [PAG-MAMAP]
1. Parental Authority
2. Guardianship over the ward, either as to the
person or property of any ward
3. Marital Authority
Page 97 of 286
U.P. LAW BOC
CRIMINAL LAW I
4. Right to MAnage Property and to dispose of
the same by acts inter vivos.
NOTE: Convict can still dispose of his
property mortis causa). [REYES, Book 1]
Other Effects under the Civil Code:
1. Offer given by the convict before
acceptance is conveyed shall become
ineffective [Art. 1323, NCC]
2. Dissolution [of partnership] is caused: (7) By
the civil interdiction of any partner; [Art.
1830, NCC]
3. Civil interdiction of a general partner
dissolves the partnership, unless the
business is continued by the remaining
general partners:
a. Under a right so to do stated in the
certificate, or
b. With the consent of all members. [Art.
1860, NCC]
4. Agency is extinguished: (3) By the [xxx] civil
interdiction [xxx] of the agent [Art. 1919,
NCC]
e. Indemnification or Confiscation of
Instruments or Proceeds of the Offense
Generally
Effects
Forfeiture in favor of the Government of the
proceeds of the crime and the instruments or
tools with which it was committed. [REYES,
Book 1]
Rules: [Reyes, Book 1]
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime.
2. Proceeds and instruments or tools of the
crime are confiscated and forfeited in favor
of the Government.
3. Property of a third person not liable for the
offense, is not subject to confiscation and
forfeiture.
4. Property not subject of lawful commerce
(whether it belongs to the accused or to third
person) shall be destroyed.
CRIMINAL LAW
Forfeiture as Additional Penalty
When the proceeds or instruments of the crime
are not confiscated prior to the final judgment
of sentence, the court cannot modify, alter or
change the sentence to confiscate such. [U.S.
v. Hart, 24 Phil. 578, 581-582, cited in REYES,
Book 1] It is an additional penalty, and
amounts to an increase of the penalty already
imposed, placing the accused in double
jeopardy [People v. Sanchez, G.R. No. L-9768
(1957), cited in REYES, Book 1]
SPECIAL LAWS PROVIDING FOR
CONFISCATION OF PROPERTY
An Act Declaring Forfeiture in Favor of the
State Any Property Found to Have Been
Unlawfully Acquired by Any Public Officer
or Employee and Providing for the
Proceedings Therefor [RA No. 1379]
If the public officer is unable to show that the
property in question was lawfully acquired, the
court shall declare this property forfeited in
favor of the State. Such judgment may not be
rendered within six months before any general
election, nor three months before any special
election. [Sec. 6, R.A. 1379]
Plunder Law [RA No. 7080]
The Court shall declare any and all ill-gotten
wealth and their interests and other income
and assets including the properties and shares
of stocks derived from the deposit or
investment thereof, forfeited in favor of the
State. [Sec. 2, R.A. 7080]
Anti-Graft and Corrupt Practices Act [RA
No. 3019]
Any prohibited interest or unexplained wealth
out of proportion to the offender’s lawful
income, shall be forfeited or confiscated in
favor of the State. [Sec. 9, R.A. 3019]
Comprehensive Dangerous Drugs Act of
2002, as amended [RA No. 9165]
All equipment and paraphernalia used for the
production of illegal drugs shall be confiscated
and forfeited in favor of the government.
Page 98 of 286
U.P. LAW BOC
CRIMINAL LAW I
After conviction in the RTC, the Court shall
immediately schedule a hearing for the
confiscation and forfeiture of all the proceeds
of the offense. However, during the
proceedings before the RTC, no property or
income may be forfeited or confiscated. [Sec.
20, R.A. 9165]
2016 Revised Implementing Rules and
Regulations of R.A. 9160, or the Anti-Money
Laundering Act, as amended.
Monetary instruments or property that are the
proceeds of money laundering shall be
forfeited in favor of the Government. If this
cannot be enforced, the court may order the
offender to pay an amount equal to the value of
the monetary instrument or property. [Rule XII]
f. Payment of Costs
Effects
1. If the accused is convicted - costs may be
charged against him.
2. If the accused is acquitted – costs are de
officio, i.e., each party will bear his/her own
expense.
[REYES, Book 1]
CRIMINAL LAW
Fixed or otherwise
Costs may be fixed amounts already
determined by law or regulations or amounts
subject to a schedule. Whether costs should
be assessed against the accused lie within the
discretion of the court. The Government may
request the court to assess costs against the
accused, but not as a right. [REYES, Book 1]
Order of Payment
The civil liabilities of a person found guilty of
two or more offenses shall be satisfied by
following the chronological order of the dates of
the judgments rendered against him. [Art. 72,
RPC]
Applicable in case the property of the offender
is not sufficient to pay all his pecuniary
liabilities. The order of payment being [Art. 39,
RPC]: [RIFC]
1. Reparation of the damage caused
2. Indemnification of consequential damages
3. Fine
4. Costs of the proceedings
5. Execution and Service of
Penalties
Execution of Penalties
Exclusion
Not allowed against the Republic of the
Philippines. [Rule 142, Sec. 1, ROC] and
[REYES, Book 1]
What are Included
1. Fees, and
2. Indemnities, in the course of judicial
proceedings.
[Art. 37, RPC]
Expenses of Litigation
Costs of suit are the expenses of litigation
allowed and regulated by the Rules of Court to
be assessed against or to be recovered by a
party in litigation. [People v. Bergante, et. al.,
G.R. No. 12036970 (1998) as cited in REYES,
Book 1]
When and How a Penalty is to Be Executed
1. No penalty shall be executed except by final
judgment
2. Penalties cannot be executed in a form or
any circumstances/incidents other than that
prescribed or authorized by law
3. The law and the special regulations of
institutions in which penalties are to be
suffered shall be observed with regard to
the character of work, time of performance,
other incidents connected therewith,
relationships of convicts to others, relief
they may receive, and their diet
4. Regulations shall provide for:
a. Separation of the sexes in different
institutions/departments
b. Correction and reform of convicts [Art.
78, RPC]
Page 99 of 286
U.P. LAW BOC
CRIMINAL LAW I
When Judgment Becomes Final
General Rule: No penalty shall be executed
except by virtue of a final judgment. [Art. 78,
RPC] A judgment becomes final after the lapse
of the period for perfecting an appeal. [Rule
120, Sec. 7, ROC]
Exception: If the defendant has expressly
waived in writing his right to appeal or when
accused applied for probation. [Rule 120, Sec.
7, ROC]
Place of Execution of Sentence
Penalty
Place
Reclusion
In the places and
perpetua, reclusion penal
temporal, prision
establishments
mayor, prision
provided by the
correccional
Administrative Code
and arresto mayor
or by law. [Art. 86,
RPC]
Arresto menor
Either in:
1. Municipal jail; or
2. House of the
defendant under
the surveillance
of an officer of
the law, when the
court so
provides, taking
into consideration
the health of the
offender and
other satisfactory
reasons [Art. 88,
RPC]
Destierro
Not allowed to enter
the place/s
designated in the
sentence nor within
the 25-250 km.
radius specified.
[Art. 87, RPC]
Simultaneous Service of Sentence
General Rule: When the culprit has to serve 2
or more penalties, he shall serve them
simultaneously.
CRIMINAL LAW
Exception: If the nature of the penalties (e.g.
deprivation of liberty) does not permit
simultaneous service, the order of their
respective severity shall be followed. [Art. 70,
RPC]
Deprivation of Liberty
Penalties consisting in deprivation of liberty
cannot be served simultaneously by reason of
the nature of such penalties. [In re: Pete
Lagran, G.R. No. 147270 (2001)]
What can be simultaneously served with
one another [DDDDS Bond Fine in CCP]
1. Perpetual absolute Disqualification
2. Perpetual special Disqualification
3. Temporary absolute Disqualification
4. Temporary special Disqualification
5. Destierro
6. Suspension
7. Bond to keep the peace and Fine
8. Civil interdiction
9. Confiscation and payment of costs
10. Public censure [REYES, Book 1]
All of the above can be served simultaneously
with imprisonment, except destierro. [REYES,
Book 1]
a. Three-Fold Rule
Three-Fold Rule [3-40] [Art. 70, RPC]
1. Maximum
duration
of
convict’s
sentence: Shall not be more than three (3)
times the length of time corresponding to
the most severe penalty imposed upon
him.
2. Limitation of maximum period: Period
shall in no case exceed forty (40) years.
3. Effect if total imposed sentence is more
than the maximum allowed: No other
penalty shall be inflicted after the sum total
of those imposed equals the same
maximum period.
NOTE: Three-fold rule applies although the
penalties were imposed for different crimes, at
different
times,
and
under
separate
informations [Torres vs. Superintendent, G.R.
No. 40373 (1933)]
Page 100 of 286
U.P. LAW BOC
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Basis of Duration of Penalties
1. Duration of perpetual penalties (pena
perpetua) - shall be computed at thirty (30)
years. [Art. 70, RPC]
2. Duration of the sentence refers to several
penalties for different offenses not yet
served out, but only when the convict must
serve continuous imprisonment for several
offenses
a. If sentence for one offense was already
served, that imprisonment will not be
considered for the purpose of the threefold rule if after release he commits again
and is convicted of new offenses.
b. Only penalties not yet served out can be
served simultaneously. [REYES, Book 1]
3. If sentence is indeterminate, basis of
duration is the maximum term of the
sentence. [People v. Desierto, C.A., 45 O.G.
4532, cited in REYES, Book 1]
4. “The most severe penalty” – includes equal
penalties, such as when sentenced to
multiple cases of the same offense [Aspra
v. Dir. of Prisons, 85 Phil. 737, 738, cited in
REYES, Book 1]
Applicability of Rule
This rule only applies when the convict has to
serve at least four (4) sentences and cannot
exceed three-fold the most severe. If only 2 or
3 penalties corresponding to different crimes
committed by the convict are imposed, it is not
possible to apply the three-fold rule [REYES,
Book 1].
Subsidiary Imprisonment
The three-fold rule does not preclude
subsidiary imprisonment for failure to pay a
fine, provided that the principal penalty does
not exceed 6 years. The provision of Art. 70
that "no other penalty to which he may be liable
shall be inflicted after the sum total of those
imposed equals the said maximum period,"
only means that the convict shall not serve the
excess over the maximum of three-fold the
most severe penalty.
Illustration:
“B” was found guilty in 17 criminal cases, the
most severe penalty imposed was 6 months
CRIMINAL LAW
and 1 day, plus a fine of PI,000, with subsidiary
imprisonment in case of insolvency. After
serving 18 months and 3 days in prison, B filed
a petition for habeas corpus, contending that
applying the three-fold rule, he cannot be made
to serve more time. In deciding the case, the
SC ruled that the subsidiary imprisonment for
nonpayment of the fine cannot be eliminated so
long as the principal penalty is not higher than
6 years of imprisonment even if he already
served three-fold of the most severe penalty.
Applying said rule, if petitioner would not be
able to pay the fine, the maximum duration of
his imprisonment shall be 18 months and 3
days of the principal penalty plus 6 months and
1 day of subsidiary imprisonment for failure to
pay the fine, or a total of 2 years and 4 days.
[Bagtas vs. Director of Prisons, 84 Phil. 692,
698 (1949)]
Not “Imposition of Penalty,” but “Service”
Court must impose all the penalties for all the
crimes of which the accused is found guilty, but
in the service of the same, they shall not
exceed three times the most severe and shall
not exceed 40 years – three fold maximum
penalty. [Mejorada v. Sandiganbayan, G.R.
Nos. L-51065-72 (1987)]
b. Probation Law [P.D. 968,
amended by R.A. 10707]
as
Definition of Terms [Sec. 3, P.D. 986]
1. Probation – a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
2. Probationer – person placed on probation
3. Probation officer – one who investigates
for the court a referral for probation or
supervises a probationer or both.
Nature
Probation Law is not a penal statute. Courts
have no authority to invoke a liberal
interpretation of it in this case as its words
leave no room for doubt or interpretation.
Page 101 of 286
U.P. LAW BOC
CRIMINAL LAW
CRIMINAL LAW I
[Llamado v. CA and Gaw, G.R. No. 84850
(1989)]
Probation is not a right but a privilege subject
to the discretion of the court. The discretion is
exercised primarily for the benefit of society as
a whole and only secondarily for the personal
advantage of the accused. [Amandy v. People,
G.R. No. L-76258 (1988)]
a. Applicability
Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only.
May be extended to children in conflict with
the law
After convicting and sentencing a child in
conflict with the law, and upon application at
any time, the court may place the child on
probation in lieu of service of his/her sentence
in account of his/her best interest. As such Sec.
4, P.D. 968 is amended accordingly. [Sec. 42,
R.A. 9344]
Disqualified Offenders
1. Those sentenced to serve a max. term of
more than six (6) years. [Sec. 9(a), P.D.
968]
2. Crimes against national security convicts
[Sec. 9(b), P.D. 968]
3. Those previously convicted by final
judgement of an offense punished by
imprisonment of more than six (6) months
and one (1) day and/or fine of more than
one hundred thousand pesos (P1,000.00)
[Sec. 9(c), P.D. 968]
4. Those who have been once in probation
under this Decree [Sec. 9(d), P.D. 968]
5. Those who are already serving sentence at
the time the substance provisions of this
Decree became applicable pursuant to
Section 33 hereof [Sec. 9(e), P.D. 968]
6. Drug trafficker and pushers, regardless of
penalty imposed by court, cannot avail of
Probation Law privileges, as amended by
the Comprehensive Dangerous Drugs Act
of 2002. [Sec. 24. R.A. 9165]
b. Grant, Manner and Conditions [Sec. 4,
R.A. 10707]
1. Application for Probation - defendant
must file an application for probation within
the period for appeal.
Effect of filing of application – deemed as
waiver of the right to appeal.
2. Application shall not be entertained or
granted – if defendant has perfected the
appeal from the judgment of conviction.
Exception: When a judgment of conviction
imposing a non-probationable penalty is
appealed/reviewed and modified to a
probationable penalty, the defendant shall
be allowed to apply for probation based on
the modified decision before it becomes
final.
Note: Accused shall lose the benefit of
probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
3. Filing of application based on modified
decision – application shall be filed in the
trial court where the judgment imposing a
non-probationable penalty was rendered or
where such case has been re-raffled.
4. If several defendants have taken further
appeal –other defendants may apply for
probation by submitting a written application
and attaching thereto a certified true copy of
the judgment of conviction.
Dimakuta Doctrine (Rules on Appeals)
Appeal must be limited to the following
grounds:
1. Appeal merely intended for the correction of
the penalty imposed by the lower court,
which when corrected would entitle the
accused to apply for probation; and
2. Appeal is merely intended to review the
crime for which the accused was convicted
and that the accused should only be liable
to the lesser offense which is necessarily
included in the crime for which he was
Page 102 of 286
U.P. LAW BOC
CRIMINAL LAW I
originally convicted and the proper penalty
imposable is within the probationable
period. [Dimakuta v. People, G.R. No.
206513 (2015)]
What Must be Averred in the Notice of
Appeal
1. That an earlier motion for reconsideration
was filed but was denied by the trial court;
2. That the appeal is only for reviewing the
penalty imposed by the lower court or the
conviction should only be for a lesser crime
necessarily included in the crime charged in
the information; and
3. That the accused-appellant is not seeking
acquittal of the conviction. [Dimakuta v.
People, G.R. No. 206513 (2015)]
When Appeal Bars Grant of Probation
1. When the accused is convicted by the trial
court of a crime where the penalty imposed
is within the probationable period or a fine,
and the accused files a notice of appeal;
and
2. When the accused files a notice of appeal
which puts the merits of his conviction in
issue, even if there is an alternative prayer
for the correction of the penalty imposed by
the trial court or for a conviction to a lesser
crime, which is necessarily included in the
crime in which he was convicted where the
penalty is within the probationable period.
[Dimakuta v. People, G.R. No. 206513
(2015)]
NOTE: The Dimakuta decision was issued on
October 2015, but R.A. 10707—which
amended the Probation Law—was signed into
law on November 2015.
c. Grant of Probation
Discretion of the Court
Even if a convicted person falls within the
classes of those qualified for probation, the
grant of probation is not automatic or
ministerial. [Amandy vs. People, G.R. No. L76258 (1988), as cited in REYES, Book 1]
CRIMINAL LAW
An order placing defendant on "probation" is
not a "sentence" but is rather in effect, a
suspension of the imposition of sentence. It is
not a final judgment but is rather an
"interlocutory judgment." [Baclayon v. Mutia,
G.R. No. L-59298 (1984) as cited in REYES,
Book 1]
Criteria for Grant of Probation [Sec. 8, P.D.
968]
The following should be considered in deciding
to place an offender under probation: [AMChEAP]
1. Available institutional and community
resources
2. Mental condition of the offender
3. Character,
4. Antecedent,
5. Environment,
6. Physical condition of the offender
Reasons for Denying Probation [Sec. 8, P.D.
968]
1. The offender is in need of correctional
treatment best provided thru commitment to
an institution
2. There is undue risk that the offender will
commit another offense during the
probation period
3. Probation will depreciate the seriousness of
the offense committed
Effects of Grant of Probation
1. The execution of sentence shall be
suspended for such period and upon such
terms and conditions as the trial court may
deem best [Sec. 4, P.D. 968]
2. Probation does not extinguish civil liability,
as it only affects the criminal aspect of the
case. [Budlong v. Apalisok, G.R. No. L60151 (1983) as cited in REYES, Book 1]
3. Accessory
penalties
are
deemed
suspended [Baclayon vs. Mutia, G.R. No. L59298 (1984), cited in REYES, Book 1]
NOTE: An order granting or denying probation
shall not be appealable [Sec. 4 P.D. 968]
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Conditions of Probation [Sec. 10, P.D. 968]
1. Mandatory Conditions. Probation orders
shall
contain
conditions
requiring
probationer to:
a. Present himself to his supervising
probation officer at the place specified in
the order within 72 hours from receipt of
said order; and
b. Report to the probation officer at least
once a month at the time and place
specified by said officer.
2. Discretionary Conditions. The two
conditions above are mandatory conditions;
the rest in sec. 10 are discretionary
conditions (e.g. cooperate with a program of
supervision; meet his family responsibilities;
or devote himself to a specific employment).
Moreover, the conditions enumerated under
Sec. 10 are not exhaustive. The courts are
allowed to impose practically any term it
chooses, the only limitation being that it
does not jeopardize the constitutional rights
of the accused. [Salgado v. CA, et al., G.R.
No. 89606 (1990)]
Period of Probation [Sec. 14, P.D. 968]
Scenario
Duration
When sentenced to
Probation shall not
imprisonment of not exceed 2 years
more than 1 year
When sentenced to
Shall not exceed 6
more than 1 year
years
When sentenced to
Shall be twice the
a fine and made to
total days of
suffer subsidiary
subsidiary
imprisonment
imprisonment
d. Violation of Probation Order
Upon the failure of the probationer to comply
with any of the conditions prescribed in the
order, or upon his commission of another
offense, he shall serve the penalty imposed for
the offense under which he was placed on
probation [REYES, Book 1].
CRIMINAL LAW
violation of the conditions of the probation.
Once arrested and detained, probationer shall
be brought to court for a hearing of the violation
charged. The defendant may be admitted to
bail pending such hearing.
Additionally, it must be noted that:
1. The violation of the conditions of probation
must be serious to justify the issuance of a
warrant of arrest.
2. Defendant may be admitted to bail pending
hearing.
● Hearing is summary in nature, but the
probationer shall have the right to be
informed of the violation charged and to
adduce evidence in his favor.
3. Court is not bound by the technical rules of
evidence.
4. If the violation is established, the court may
revoke or continue his probation and modify
the conditions.
5. If revoked, the court shall order the
probationer to serve the sentence originally
imposed.
6. The order revoking the grant of probation or
modifying the term and conditions thereof is
not appealable. [REYES, Book 1]
e. Termination of Probation
Order of Final Discharge [Sec. 16, R.A.
10707]
An order of final discharge of the probationer
shall be issued by the Court:
1. After the period of probation; and
2. Upon consideration of the report and
recommendation of the probation officer,
upon finding that probationer fulfilled the
terms and conditions of his probation
NOTE: The probationer and the probation
officer shall each be furnished with a copy of
such order.
Arrest [Sec. 15, P.D 968]
At any time during the probation, the court may
issue a warrant to arrest the probationer for
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Effect of Final Discharge [Sec. 16, R.A.
10707]
The final discharge of the probationer shall
operate to:
1. Restore to him all civil rights lost or
suspended as a result of his conviction; and
2. Totally extinguish his criminal liability as to
the offense for which probation was
granted.
Termination of Period, not the same as
Expiration of Probation Period
The expiration of the probation period alone
does not automatically terminate probation;
probation is not coterminous with its period.
There must first be an order of final discharge
issued by the court, based on the report and
recommendation of the probation officer. [Bala
v. Martinez, G.R. No. 67301 (1990)]
f. Probation v. Pardon
Probation
convicted offense,
that is, it abolishes or
forgives
the
punishment.
[REYES, Book 1 at
843]
Granting Authority
Chief Executive
by the Court
[U.S. vs. Guarin, 30
[Sec. 10, R.A.
Phil. 85, 87, as cited
10707]
in REYES, Book 1]
Effect on Accessory Penalties
Accessory penalties A pardon shall not
are
deemed work the restoration
suspended
once of the right to hold
probation is granted. public office, or the
[Baclayon v. Mutia, right of suffrage,
No. L-59298 (1984) unless such rights be
as cited in REYES, expressly restored
Book 1]
by the terms of the
pardon.
Librado, A.M. P-941089 (1996)]
Pardon
Definition
Probation
is
a It is an act of grace
disposition
under proceeding from the
which a defendant, power entrusted with
after conviction and the execution of the
sentence,
is laws which exempts
released subject to the individual on
conditions imposed whom it is bestowed
by the court and to from the punishment
the supervision of a the law inflicts for the
probation
officer. crime
he
has
[REYES, Book 1]
committed. [REYES,
Book 1]
May either be:
(a) Absolute pardon
(b)
Conditional
pardon
Whether Crime is Obliterated
Does not obliterate Does not obliterate
the crime of which the crime; it only
the
the person under abolishes
punishment.
Pardon
probation has been
convicted. [Office of looks forward and
the
Court relieves the offender
the
Administrator
v. from
consequences of a
CRIMINAL LAW
A pardon shall in no
case exempt the
culprit
from
the
payment of the civil
indemnity imposed
upon him by the
sentence. [Art. 36,
RPC]
c. Juvenile Justice and Welfare Act
(R.A. 9344, as amended)
a. Scope
It shall cover the different stages involving
children at risk and children in conflict with the
law from prevention to rehabilitation and
reintegration. [Sec. 1, R.A. 9344]
Definition of Terms
1. Child - refers to a person under the age of
eighteen (18) years. [Sec. 4(c), R.A. 9344]
2. Children at risk, definition - Refers to a
child vulnerable to and at the risk of
committing criminal offenses because of
personal, family and social circumstances,
such as, but not limited to (a)
economic/sexual exploitation, (b) truancy,
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(c) abandoned/neglected, or (e) abuse.
[Sec. 4(d), R.A. 9344]
3. Child in Conflict with the Law (CICL) Refers to a child who is alleged as, accused
of, or adjudged as, having committed an
offense under Philippine laws. [Sec. 4(e),
R.A. 9344]
Offenses Contemplated under R.A. 9344
1. Offenses – any act or omission whether
punishable under special laws or the
Revised Penal Code, as amended. [Sec.
4(o), R.A. 9344]
2. Status Offenses - refers to offenses which
discriminate only against a child, while an
adult does not suffer any penalty for
committing similar acts (i.e. curfew
violations; truancy, parental disobedience
and the like) [Sec. 4(r), R.A. 9344]
3. Victimless Crimes – offense where there is
no private offended party [Sec. 4(u), R.A.
9344]
Offenses Not Applicable to Children [Sec.
58, R.A. 9344]
Persons below eighteen (18) years of age shall
be exempt from prosecution for the crime of:
1. Prostitution [Art. 202, RPC]
2. Mendicancy [P.D. 1563]
3. Sniffing of rugby [P.D. 1619]
Such prosecution being inconsistent with the
United Nations Convention on the Rights of the
Child. However, said persons shall undergo
appropriate counseling and treatment program.
Determination of Age [Sec. 7, R.A. 9344]
Presumption of Minority: There is a
presumption of minority. S/he shall enjoy all the
rights of a child in conflict with the law until s/he
is proven to be 18 years old or older.
In assessing the attendance of the mitigating
circumstance of minority, all doubts should be
resolved in favor of the accused, it being more
beneficial to the latter. [People v. Sarcia, G.R.
No. 169641 (2009)]. In fact, in several cases,
this Court has appreciated this circumstance
on the basis of a lone declaration of the
accused regarding his age. [People v. Sarcia,
CRIMINAL LAW
G.R. No. 169641 (2009), citing People v.
Calpito, G.R. No. 123298, (2003)]
Proof of Age
The age of the child shall be determined
according to the rules established by Section 7
of R.A. 9344:
1. Best evidence is an original or certified true
copy of certificate of live birth
2. In its absence, similar authentic documents
such as baptismal certificates and school
records showing the date of birth may be
used
3. In the absence of documents under 1 and 2
due to loss, destruction or unavailability, the
testimony of the child, a member of the
family related by affinity or consanguinity, of
other persons, the physical appearance of
the child, or other relevant evidence shall
suffice.
The person alleging the age of the child in
conflict with the law has the burden to prove
such age. In all cases involving a child, the
court shall make a categorical finding as to the
age of the child. [Sec. 7, R.A. 9344]
b. Intervention Program
Intervention
Refers to a series of activities which are
designed to address issues that caused the
child to commit an offense. It may take the form
of an individualized treatment program which
may include counseling, skills training,
education, and other activities that will enhance
his/her psychological, emotional and psychosocial well-being. [Sec. 4(l), R.A. 9344]
Community-based Programs on Juvenile
Justice and Welfare
Community-based programs on juvenile justice
and welfare shall be instituted by the LGUs
through the LCPC, school, youth organizations
and other concerned agencies.
The LGUs shall provide community–based
services which respond to the special needs,
problems, interests and concerns of children
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CRIMINAL LAW I
and which offer appropriate counselling and
guidance to them and their families.
These programs shall consist of three levels:
1. Primary intervention - includes general
measures to promote social justice and
equal opportunity, which tackle perceived
root causes of offending;
2. Secondary intervention - includes
measures to assist children at risk; and
3. Tertiary intervention - includes measures
to avoid unnecessary contact with the
formal justice system and other measures to
prevent re-offending. [Sec. 19, R.A. 9344]
When Applied
If it has been determined that the child taken
into custody is fifteen (15) years old or below
[Sec. 20, R.A. 9344].
Duty of Authorities [Sec. 20, R.A. 9344]
The authority which will have an initial contact
with the child has the duty to:
1. Immediately release the child to the custody
of his/her parents or guardian, or in the
absence thereof, the child’s nearest
relative.
Exception: If the parents, guardians or
nearest relatives cannot be located, or if
they refuse to take custody, the child may be
released to a:
i. Duly registered nongovernmental or
religious organization;
ii. Barangay official or a member of
Barangay Council for the Protection of
Children (BCPC); or
iii. Local social welfare and development
officer; or when and where appropriate,
the DSWD.
In such case, authorities shall give notice to
the local social welfare and development
officer who will determine the appropriate
programs in consultation with the child and
to the person having custody over the child.
2. If the child referred to herein has been found
by the Local Social Welfare and
Development Office (LSWD) to be
abandoned, neglected or abused by his
parents, or in the event that the parents will
not comply with the prevention program, the
proper petition for involuntary commitment
shall be filed by the DSWD or the LSWD
pursuant to P.D. 603 (The Child and Youth
Welfare Code).
c. Diversion
Diversion Program
Program that the child in conflict with the law is
required to undergo after he/she is found
responsible for an offense, without resorting to
formal court proceedings. [Sec. 4(j), R.A. 9344]
When Applied
If the child is over fifteen (15) years old but
below eighteen (18) years old and the child
acted with discernment [REYES, Book 1].
Also, the maximum penalty for the offense the
CICL is charged with, should be imprisonment
of not more than twelve (12) years, regardless
of the fine or fine alone regardless of the
amount. In such case, before arraignment of
the child in conflict with the law, the court shall
determine whether or not diversion is
appropriate. [Sec. 37, R.A. 9344]
System of Diversion [Sec. 23, R.A. 9344]
Children in conflict with law shall undergo
diversion programs without undergoing court
proceedings subject to the conditions herein
provided:
1. Where the imposable penalty for the
crime committed is not more than six (6)
years imprisonment
a. The law enforcement officer or Punong
Barangay, with the assistance of the
local social welfare and development
officer or other members of the LCPC,
shall
conduct
mediation,
family
conferencing and conciliation
b. Where appropriate, indigenous modes of
conflict resolution are adopted in
accordance with the best interest of the
child with a view to accomplishing the
objectives of restorative justice and the
formulation of a diversion program.
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c. The child and his/her family shall be
present in these activities.
2. In victimless crimes where the
imposable penalty is not more than six
(6) years imprisonment - the local social
welfare and development officer shall meet
with the child and his/her parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with the BCPC;
3. Where the imposable penalty for the
crime committed exceeds six (6) years
imprisonment - diversion measures may
be resorted to only by the court.
When There is No Diversion [Secs 27 and 28,
R.A. 9344]
There is no diversion in the following cases:
1. If the offense does not fall under Sec. 23 (a)
and (b)
a. Sec. 23 (a) – where the imposable
penalty is not more than 6 years
imprisonment
b. Sec. 23 (b) in victimless crimes where
the imposable penalty is not more than 6
years imprisonment
2. If the child, his/her parents or guardian does
not consent to a diversion
In the above cases, the following procedures
shall apply:
1. The Punong Barangay handling the case
shall forward the records of the case to the
proper authorities within 3 days, whereupon
the case shall be filed according to the
regular process.
2. The Law Enforcement officers and judicial
officers to determine whether or not the
child should remain under custody and
correspondingly charged in court.
d. Court Proceedings
Automatic Suspension of Sentence
Suspended Sentence is the holding in
abeyance of service of the sentence imposed
by the court upon a finding of guilt of the CICL
who will undergo rehabilitation.
CRIMINAL LAW
Court shall determine the civil liability of a guilty
child under eighteen (18) y/o. Instead of
convicting the child, the court shall place the
CICL under suspended sentence. Suspension
of sentence shall be applied even if the juvenile
is already 18 years of age or more at the time
of the pronouncement of his/her guilt. [Sec. 38,
R.A. 9344].
However, the suspension of sentence lasts
only until the child in conflict with law reaches
the maximum age of 21 [Sec. 40, R.A. 9344].
Upon suspension of sentence and after
considering the various circumstances of the
child, the court shall impose the appropriate
disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict
with the Law. [Sec. 38, R.A. 9344]
CICL in suspended sentence
Children in conflict with the law, whose
sentences are suspended may, upon order of
the court, undergo any or a combination of
disposition measures best suited to the
rehabilitation of the child pursuant to Supreme
Court Rule on Juveniles in Conflict with the
Law.
If the community-based rehabilitation is availed
of by a child in conflict with the law, he/she shall
be released to parents, guardians, relatives or
any other responsible person in the
community. Under the supervision and
guidance of the LSWD officer, and in
coordination with his/her parents/guardian, the
child in conflict with the law shall participate in
community-based programs.
[Sec. 52, R.A. 9344]
Agricultural Camps and other Training
Facilities [Sec. 51, R.A. 9344]
A child in conflict with the law may, after
conviction and upon order of the court, be
made to serve his/her sentence, in lieu of
confinement in a regular penal institution, in an
agricultural camp and other training facilities
that may be established, maintained,
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supervised and controlled by the BUCOR, in
coordination with the DSWD.
As
regards
the
appellant’s
possible
confinement in an agricultural camp or other
training facility in accordance with Section 51
of R.A. 9344, this Court held in People v.
Jacinto that the age of the child in conflict with
the law at the time of the promulgation of the
judgment is not material. What matters is that
the offender committed the offense when
he/she was still of tender age. [People v.
Gamboa, G.R. No. 172707 (2013)]
Hence, if the accused is already more than 21
years old by the time of the pronouncement of
his guilt, the Court has no choice but to render
judgment. Nonetheless, he may avail of Sec.
51, whereupon he may serve his sentence in
an agricultural camp or training facility. [People
v Gamboa, G.R. No. 172707 (2013)]
P.D. 603 (The Child and Youth Welfare
Code) as amended v. R.A. 9344 (Juvenile
Justice and Welfare Act of 2006)
PD 603
RA 9344
Circumstances for Exemption
1. Child 9 years of
age or under at
time of
Child 15 years of age
commission of
or under shall be
offense
exempt from criminal
liability, regardless of
2. Child more than
whether or not s/he
9 years old but
acted with
les than 15 at
discernment
the time of
commission of
offense
However, child is
subject to
Except: If the child
intervention program
acted
[Sec. 20, R.A. 9344].
with discernment)
[Sec. 189, P.D. 603]
As to Proceedings
Child over 9 years
Child below 15 years
and under 15 years and below – case
of age who acted w/ shall be immediately
discernment – court dismissed and the
shall determine
child shall be
imposable penalty,
returned to the
including any civil
liability chargeable
against him.
CRIMINAL LAW
custody of
parent/guardian.
[Sec. 20, R.A. 9344]
However, instead of If there be none,
pronouncing
CICL shall be
judgment of
released to (a)
conviction, the court NGO/religious
may suspend all
organization (b)
further proceedings Barangay
and shall commit
official/BCPC (c)
such minor to the
LSWD officer/DSWD
custody or care of
[Sec. 20, R.A. 9344]
the DSWD or to any
training institution
Child above 15 years
operated by the
but below 18 years of
government, or duly age who acted with
licensed agencies
discernment shall be
or any other
subjected to the
responsible person, appropriate
until he shall have
proceedings:
reached 21 years of
Intervention
age or, for a shorter
Programs
period as the court
Diversion
may deem proper.
Programs
[Sec. 189 and 192,
[Sec. 38, R.A. 9344].
P.D. 603]
Suspension of Sentence
No automatic
Suspension of
suspension of
sentence is
sentence. Youthful
automatic. Instead of
offender should
pronouncing the
apply for a
judgment of
suspended
conviction, the court
sentence and it is
shall place the child
discretionary on the in conflict with law
court to approve the under suspended
application
sentence, without
[REYES, Book 1]
need of application.
[Sec. 38, R.A. 9344].
Discharge [Sec. 39, R.A. 9344]
The court shall dismiss the case against the
child whose sentence has been suspended
and against whom disposition measures have
been issued, and shall order the final discharge
of the child:
1. Upon recommendation of the social worker
who has custody of the child; and
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2. If it finds that the objective of the disposition
measures have been fulfilled.
The discharge of the child in conflict with the
law shall not affect the civil liability resulting
from the commission of the offense, which shall
be enforced in accordance with law.
Return of the Child in Conflict with the Law
to Court [Sec. 40, R.A. 9344]
In the following cases, the child in conflict with
the law shall be brought before the court for
execution of judgment:
1. If the court finds that the objective of the
disposition measures imposed upon the
CICL have not been fulfilled; or
2. If the CICL has willfully failed to comply with
the conditions of his/her disposition or
rehabilitation program.
Credit in Service of Sentence
The CICL shall be credited in the services of
his/her sentence with the full time spent in
actual commitment and detention under R.A.
9344. [Sec. 41, R.A. 9344]
d. Republic Act No. 10951
The Act adjusts the value of property and
damage on which a penalty is based and the
fines imposed under the RPC. Under this Act
are adjustment on several children-related
felonies, namely Art. 277 and Art. 278.
NOTE: Changes in relevant provisions are
already integrated in prior discussions (e.g.,
amount of what constitutes light felonies under
Art. 9).
Suspension in Case of Insanity or Minority
a. Insane
When Accused becomes Insane
Scenario
Effect
At the time
He is exempt from criminal
of the
liability.
commission
of the crime
At the time
of the trial
At the time
of final
judgment or
while serving
sentence
CRIMINAL LAW
The Court shall suspend
the proceedings and order
his confinement in a
hospital until he recovers
his reason.
Execution is suspended
with regard to the personal
penalty only. If he recovers
his reason, his sentence
shall be executed, unless
the penalty has prescribed.
Payment of his civil or
pecuniary liabilities shall
not be suspended.
[REYES, Book 1]
b. Minors
Court shall determine the civil liability of a guilty
child under eighteen (18) y/o. Instead of
convicting the child, the court shall place the
CICL under suspended sentence. Suspension
of sentence shall be applied even if the juvenile
is already 18 years of age or more at the time
of the pronouncement of his/her guilt. [Sec. 38,
R.A. 9344].
See: Previous discussion of the Juvenile
Justice and Welfare Act.
Rules as to First-Time Minor Offenders
1. If the minor first-time offender complies
with the imposed rules, regulation, and
conditions of suspended sentence - the
Court upon favorable recommendation from
the Board, shall discharge the accused and
dismiss all proceedings. [Sec. 67, R.A.
9165]
a. The court will expunge all official records,
except confidential records retained by
the DOJ; such orders shall be
confidential and will restore the accused
to his prior status before the case.
b. Accused will
not
be held
in
perjury/concealment/misrepresentation
in failing to acknowledge the case or its
facts in any inquiry for any purpose.
2. If the minor first-time offender violates
the rules, regulations, or conditions of
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U.P. LAW BOC
his suspended sentence – the court shall
pronounce judgment of conviction and
he/she shall serve sentence as any other
convicted person. [Sec. 69, RA 9165]
3. In lieu of imprisonment, the court in its
discretion may place the accused under:
a. Probation – even if the sentence
provided under RA 9165 is higher than
that provided under existing law on
probation
b. Community Service
[Sec. 70, RA 9165]
Scenario
Probation
Community
Service
CRIMINAL LAW
CRIMINAL LAW I
Effect
[Sec. 70, RA 9165]
Supervision and rehabilitative
surveillance shall be done by
the Board through the DOH in
coordination with Board of
Pardons and Parole and the
Probation Administration.
Upon compliance with probation
conditions, the Board shall
submit a written report to the
court recommending
termination of probation and a
final discharge of the
probationer, whereupon the
court shall issue such an order.
The community service shall be
complied with under conditions
determined by the court’s
discretion and upon the
recommendation of the Board
and shall apply only to violators
of Section 15 of this Act.
The Board shall supervise the
completion of the community
service in the period required by
the court. Thereafter, the Board
shall render a report re:
community service compliance.
The court in its discretion may
require extension of the
community service or order a
final discharge.
Confidentiality of Records
The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and
shall not be used for any purpose other than to
determine whether or not a person accused
under this Act is a first-time minor offender
[Sec. 71, RA 9164] .
In cases where either probation or community
service is applied, the judicial records shall also
remain confidential according provisions Sec.
60 and 64 of RA 9165 (Comprehensive
Dangerous Drugs Act of 2002). [Sec. 70, RA
9165]:
1. Under
the
Voluntary
Submission
Program. Judicial and medical records of
drug dependents shall be confidential and
shall not be used against him for any
purpose, except to determine he has been
committed by himself, family or guardian to
the center under the submission program.
[Sec. 60, R.A. 9165]
2. Under the Compulsory Submission
Program. The records of a drug dependent
who was rehabilitated and discharged from
the Center under the compulsory
submission program, or who was charged
for the use of dangerous drugs [Sec. 15,
R.A. 9165], shall remain confidential
pursuant to Sec. 60 of the act.
HOWEVER, the records of a drug
dependent who was not rehabilitated, or
who escaped but did not surrender
himself/herself within the one (1) week [Sec.
59, R.A. 9165], shall be forwarded to the
court and their use shall be determined by
the court, taking into consideration welfare
of the public and the drug dependent. [Sec.
64, R.A. 9165]
Credit of Sentence
If the sentence promulgated by the court
requires imprisonment, the period spent in the
Center by the accused during the suspended
sentence period shall be deducted from the
sentence to be served. [Sec. 70, R.A. 9165]
Page 111 of 286
U.P. LAW BOC
Limited Applicability of the RPC [Sec. 98,
R.A. 9165]
Notwithstanding any law, rule or regulation to
the contrary, the provisions of the RPC shall
not apply to the provisions of this Act, except in
the case of minor offenders. Where the
offender is a minor, the penalty for acts
punishable by life imprisonment to death
provided herein shall be reclusion perpetua to
death.
6. Extinction
Liabilities
of
Criminal
Correctional penalties
(except Arresto Mayor)
Arresto Mayor
Crime
Libel or other similar
offenses
Oral Defamation and Slander
by Deed
Light Offenses
(e.g., arresto menor, public
censure)
Fine
a. Total Extinction
Criminal liability is totally extinguished in
the following cases: [CP DeSAAM]
1. Prescription of Crime
2. Prescription of Penalty
3. Death of the convict
4. Service of sentence
5. Amnesty
6. Absolute pardon
7. Marriage of the offended woman, as
provided in Art. 344 of the RPC.
i.
CRIMINAL LAW
CRIMINAL LAW I
By Prescription of Crime
Prescription
The loss by the State of the right to prosecute
and punish the crime or to demand the service
of the sentence imposed. [Santos v.
Superintendent, G.R. No. L-34334 (1930)]
Ground for Motion to Quash
Under the Rules of Court, the failure of the
accused to assert the extinction of the offense
in a motion to quash shall not be deemed a
waiver of such ground. Prescription of crime
may be raised anytime including during appeal.
[Recebido v. People, G.R. No. 141931 (2000)]
Prescription of Crimes [Art. 90, RPC]
Prescriptive
Penalty Provided by Law
Period
Death, reclusion perpetua,
20 years
or reclusion temporal
Other afflictive penalties
15 years
Afflictive (Exceeds
P1,200,000)
Correctional (1,200,000 to
P40,000)
Light (Less than P40,000)
10 years
5 years
Prescriptive
Period
1 year
6 months
2 months
Prescriptive
Period
15 years
10 years
2 months
NOTES:
a. Subsidiary penalty for nonpayment not
considered in determining the period
b. When fine is an alternative penalty higher
than the other penalty which is by
imprisonment, prescription of the crime is
based on the fine. [People v. Basalo, 101
Phil 57, 61 (1957), cited in REYES, Book 1]
c. When the penalty is a compound one, the
highest penalty is the basis of the
application of the rules in Art. 90. [People v.
Cruz, 108 Phil 255 (1960) cited in REYES,
Book 1 at 868]
Commencement Period for Computation
General Rule: The running of the prescriptive
period should commence from the day
following the day on which the crime was
committed. [People v. Del Rosario, 97 Phil 67,
70 (1955), cited in REYES, Book 1]
Exceptions:
1. Blameless ignorance doctrine: If violation
was not known at the time of its
commission, the prescription begins to run
only
from
the
discovery
thereof.
[Presidential
Ad-Hoc
Fact
Finding
Committee on Behest Loans v.
Page 112 of 286
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CRIMINAL LAW
CRIMINAL LAW I
Ombudsman Desierto, GR No. 130140
(2011)]
2. When offender is absent from Philippine
archipelago
NOTE: It is discovery of crime, NOT
discovery of offender. The fact that the
culprit is unknown will not prevent the period
of prescription from commencing to run.
[REYES, Book 1]. It is not necessary that
the accused be arrested. [People v. Joson,
46 Phil. 380, 284, cited in REYES, Book 1]
Prescription for Special Laws and
Municipal Ordinances [Sec. 1, Act No. 3326]
Prescriptive
Penalty Provided by Law
Period
Imprisonment of 6 years
12 years
and more
Imprisonment of 2 years
and more but less than 6
8 years
years
Imprisonment for more
4 years
than 1 month, but less than
2 years
Imprisonment of not more
1 year
than
1 month
Fine
1 year
Prescriptive
Crime
period
Violation of municipal
2 months
ordinances
5 years [Sec.
281, National
Violation of National
Internal
Internal Revenue Code
Revenue
Code of 1997]
Violations of orders,
60 days [Sec.
decisions and regulations,
28, Public
of or conditions of
Service Act
certificate of convenience
(C.A. No.
by the Public Service
146)]
Commission
2. False testimony: From time principal case
is finally decided. [People v. Maneja, 72 Phil
256 (1941), cited in REYES, Book 1]
3. Election offenses
a. If the discovery is incidental to judicial
proceedings, prescription begins when
such proceedings terminate.
b. If the falsification committed by
inspectors in connection with the
counting of votes and preparation of
election returns was known to the
protestants and their election watchers
before the filing of the election protests,
the period of prescription begins from the
date of commission of the offense.
[People v. Cariño, 56 Phil 109 (1931),
cited in REYES, Book 1]
4. Continuing crimes: Prescriptive period
cannot begin to run because the crime does
not end. [Arches v. Bellasillo, 81 Phil 190
(1948), cited in REYES, Book 1]
Circumstances when computation of period
is interrupted [RPC, Art. 91]
1. Upon filing of complaint or information
It shall commence to run again when such
proceedings terminate without the accused
being convicted or acquitted, or unjustifiably
stopped for any reason not imputable to the
accused.
Note: Termination must be final as to
amount to a jeopardy that would bar a
subsequent prosecution.
NOTE: The above are not applicable where the
special law provides for its own prescriptive
period. [Sec. 1, Act No. 3326]
ii.
By Prescription of Penalty
Prescription
The loss or forfeiture of the right of the
government to execute the final sentence after
the lapse of a certain period of time. [REYES,
Book 1]
Prescription of Penalties [Art. 92, RPC]
Page 113 of 286
U.P. LAW BOC
Penalty Imposed
Death and Reclusion
Perpetua
Other Afflictive Penalties
Correctional Penalties
Arresto Mayor
Light Penalties
CRIMINAL LAW
CRIMINAL LAW I
Prescriptive
Period
20 years
3. Convict goes to a foreign country with which
the Philippines has no extradition treaty [Art.
93, RPC]
Even in cases where our government has
an extradition treaty with another country
but the crime is not included in the treaty, it
would interrupt the running of the
prescriptive period. [REYES, Book 1]
15 years
10 years
5 years
1 year
Elements for Application of Prescription of
Penalty
1. Penalty is imposed by final judgment
2. Convict evaded service of sentence by
escaping during the term of his sentence.
3. The convict who has escaped from prison
has not given himself up, or been captured,
or gone to a foreign country with which we
have no extradition treaty or committed
another crime.
4. The penalty has prescribed because of the
lapse of time from the date of the evasion of
service of the sentence by the convict.
[REYES, Book 1]
NOTE: "Escape" in legal parlance and for
purposes of Art. 93 and 157 of the RPC means
unlawful departure of prisoner from the limits of
his custody. Clearly, one who has not been
committed to prison cannot be said to have
escaped
therefrom.
[Del
Castillo
v.
Torrecampo, G.R. No. 139033 (2002)]
Commencement Date of Prescription
Period
Period commences to run from the date when
the culprit evaded the service of sentence. [Art.
93, RPC]
When Interrupted
1. Convict gives himself up [Art. 93, RPC]
4. Convict commits any crime before the
expiration of the period of prescription [Art.
93, RPC]
5. Convict accepts grant of conditional pardon.
[People v. Puntillas, G.R. No. 45269 (1938),
cited in REYES, Book 1]
Prescription of Crime v. Prescription of
Penalty
Prescription of
Prescription of
Crime
Penalty
As to Right Forfeited
Right of the State to Right to execute the
prosecute
penalty
As to Conviction
None; Prosecution There is already a
has not yet begun
final and executory
judgment
As to Commencement
From
the
day From the time the
following the day the convict
evades
crime
was sentence
or
committed or the detention
discovery of the
crime
by
the
offended party or the
authorities or their
agents
[BOADO]
2. Convict is captured [Art. 93, RPC]
iii.
NOTE: If the culprit is captured but he
evades the service of his sentence again,
the period of prescription that ran during the
evasion is not forfeited. The period of
prescription that has run in his favor should
be taken into account. [REYES, Book 1]
By Death of the Convict
General Rule: Death of the accused pending
appeal of his conviction extinguishes his
criminal liability as well as the civil liability
based solely thereon.
Exception: Claim of civil liability survives
notwithstanding the death of the accused, if the
Page 114 of 286
U.P. LAW BOC
same may also be predicated on a source of
obligation other than delict, such as law,
contracts, quasi-contracts and quasi-delicts.
[People v. Bayotas, G.R. No. 102007 (1994)]
iv.
By Service of Sentence
v.
By Amnesty
Although pardon restores his eligibility for
appointment to that office, the pardoned
convict must reapply for a new appointment.
[Monsanto v. Factoran, G.R. No. 78239
(1989)]
2. Culprit is not exempt from payment of civil
indemnity imposed upon him by the
sentence. [Art. 36, RPC]
An act of the sovereign power granting oblivion
or general pardon for a past offense. [Brown v.
Walker, 161 U.S. 602 (1896), cited in REYES,
Book 1]
Erases not only the conviction but the crime
itself. [Art. 89, par. 3, RPC]
It is granted to classes of persons or
communities who may be guilty of political
offenses, generally before or after the
institution of the criminal prosecution and
sometimes after conviction. [People v. Casido,
G.R. No. 116512 (1997), citing Barrioquinto v.
Fernandez, G.R. No. L-1278 (1949)]
vi.
CRIMINAL LAW
CRIMINAL LAW I
By Absolute Pardon
Pardon
It is an act of grace, proceeding from the power
entrusted with the execution of the laws. It
exempts the individual from the penalty of the
crime he has committed. [REYES, Book 1]
Absolute pardon
The total extinction of the criminal liability of the
individual to whom it is granted without any
condition. It restores to the individual his civil
and political rights and remits the penalty
imposed for the particular offense of which he
was convicted. [Sec. 2(q), Revised Rules and
Regulations of the Board of Pardons and
Parole]
Other Effects of Pardon
1. Does not work the restoration of the right to
hold public office or the right of suffrage,
unless such rights be expressly restored by
the terms of the pardon. [Art. 36, RPC]
Limitations on Pardoning Power [ACNI]
1. Power can be exercised only After
Conviction.
Thus in applying for pardon, the convict
must Not appeal the judgment of conviction
or the appeal must be abandoned.
2. Power does not extend to cases of
Impeachment. [Cristobal v. Labrador, G.R.
No. 47941 (1940)]
NOTE: The pardoning power of the President
cannot be limited by legislative action. Arts. 3641 only operates as a procedural proscription.
[Risos-Vidal v. COMELEC and Estrada, G.R.
No. 206666 (2015)]
Amnesty v. Absolute Pardon
Amnesty
Absolute Pardon
As to Scope
Blanket pardon to
Includes any crime
classes of persons
and is exercised
guilty of political
individually
offenses
As to Time of Exercise
May
still
be
Person is already
exercised
before
convicted
trial or investigation
As to Nature
Looks forward. He is
relieved from the
Looks backward. It consequences of the
is as if he has offense, but rights
committed
no are
not
restored
offense.
unless
explicitly
provided
by the
terms of the pardon.
As to Burden of Proof
Page 115 of 286
U.P. LAW BOC
Private act of the
President and must
be
pleaded
and
proved by the person
pardoned
As to Requirement of Final Judgment
Valid only when Valid if given either
there
is
final before or after final
judgment
judgment
As to Effect on Recidivism
Recidivism cannot
be applied to crimes
committed
Recidivism applies.
subsequent
to Pardon does not
another crime for erase
effects
of
which the offender
conviction. [U.S. v.
was
granted Sotelo, G.R. No.
amnesty. Amnesty 9791 (1914)]
erases
conviction
and its effects. [Art.
89, par. 3, RPC]
As to Effect on Civil Liability
Both do not extinguish civil liability.
Public act which the
court shall take
judicial notice of
vii.
CRIMINAL LAW
CRIMINAL LAW I
By the marriage of the offended
woman and the offender in the
crimes of rape, abduction,
seduction
and
acts
of
lasciviousness [Art. 344, RPC]
General Rule: A pardon of the offended party
does not extinguish criminal action [Art. 23,
RPC]
Exception: As to those mentioned under Art.
344
Effect of Marriage [Art. 344, RPC]
1. Marriage of the offender with the offended
party in seduction, abduction, acts of
lasciviousness and rape, extinguishes
criminal action or remits the penalty already
imposed.
2. It also extinguishes the criminal actions
against the co-principals, accomplices, and
accessories.
Pardon of Offended Party in Offenses Other
than those in Art. 344
Only civil liability is extinguished. A crime
committed is an offense against the State. Only
the Chief Executive can pardon the offenders.
[Art. 23, RPC]
b. Partial Extinction
Criminal liability is partially extinguished in
the following cases: [CoCoGS PaP]
1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowances
4. Special time allowance for loyalty
5. Parole
6. Probation
i.
By Conditional Pardon [Art. 95,
RPC]
Conditions
Any person who has been granted conditional
pardon shall incur the obligation of complying
strictly with the conditions imposed therein
otherwise. [Art. 95, RPC],
If delivered and accepted, it is a contract
between the executive and the convict that the
former will release the latter upon compliance
with the condition. [REYES, Book 1]
Effect of Non-Compliance
Non-compliance with any of the conditions
specified shall result in the revocation of the
pardon and the penalty of prision correccional
in its minimum period shall be imposed upon
the convict. However, if the penalty remitted by
the granting of such pardon be higher than 6
years, he shall then suffer the unexpired
portion of his original sentence. [Art. 159, RPC]
Conditions Explicitly Stipulated
Pardon itself must be explicitly imposed. A
“whereas” in the preamble of the pardon stating
that “Joseph Ejercito Estrada has publicly
committed to no longer seek any elective
position or office” does not make the pardon
conditional. [Risos-Vidal v. COMELEC and
Estrada, supra.]
Page 116 of 286
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ii.
By Commutation Of Sentence
[Art. 96, RPC]
The commutation of the original sentence for
another of a different length and nature shall
have the legal effect of substituting the latter in
the place of the former [Art. 96, RPC]
iii.
CRIMINAL LAW
CRIMINAL LAW I
Allowance for Good Conduct
which Culprit May Earn while He
is Serving Sentence [Art. 97,
RPC]
Applicability
General Rule: Allowance is granted to any
prisoner in:
1. Penal institution
2. Rehabilitation or detention center
3. Other local jail [Art. 97, RPC as amended by
R.A. 10592]
Exceptions: The allowance is not applicable
to:
1. Recidivists
2. Habitual delinquents
3. Escapees
4. Persons charged with heinous crimes [Art.
29 RPC as amended by R.A. 10592]
Effect
Computation of preventive imprisonment for
purposes of immediate release shall be the
actual period of detention with good conduct
time allowance. Provided, if the accused is
absent without justifiable cause at any stage of
the trial, the court may motu proprio order the
rearrest of the accused. [Art. 29, RPC as
amended by R.A. 10592]
Effect of Appeal
Appeal does not deprive entitlement to good
conduct allowance. [Art. 97, RPC as amended
by R.A. 10592]
NOTE: Allowance for good conduct, once
granted, cannot be revoked. [REYES, Book 1]
Who Grants Time Allowances under Arts.
97 & 98
1. Director of the Bureau of Corrections
2. Chief of BJMP
3. Wardens of provincial, district, municipal
and city jails [Art. 99, RPC as amended by
R.A. 10592]
Good Conduct Allowances
Time in Penal
Deduction from period
Institution
of sentence
20 days for each month
First 2 years
of good behavior
23 days for each month
3rd to 5th year
of good behavior
Following years 25 days for each month
until 10th year
of good behavior
11th and
30 days for each month
successive
of good behavior
years
15 days for each month
Any time during
of study, teaching or
period of
mentoring service time
imprisonment
rendered
[Art. 97, RPC as amended by R.A. 10592]
iv.
Special Time Allowance (Art. 98)
Special Time Allowance
Deduction in the period of the sentence of a
prisoner during the calamity or catastrophe
mentioned in Art. 158 (i.e. conflagration,
earthquake, explosion or similar catastrophe;
or mutiny in which he has not participated). [Art.
98, RPC]
Scenario
When prisoner, having
evaded his sentence,
gives himself up to
authorities within 48 hours
following issuance of
proclamation by Chief
Executive announcing the
passing away of the
calamity
When prisoner chooses to
stay
in
place
of
confinement.
[Art. 98, RPC]
Page 117 of 286
Deduction from
Period of Sentence
1/5 of period of
sentence
2/5 of period of
sentence.
U.P. LAW BOC
CRIMINAL LAW I
Special time allowance for loyalty applies to
any prisoner whether undergoing preventive
imprisonment or serving sentence. [Art. 98
RPC as amended by R.A. 10592]
v.
By Parole
Parole
The conditional release of an offender from a
correctional institution after he has served the
minimum of his prison sentence. [Sec. 2(l),
Revised Rules and Regulations of the Board of
Pardons and Parole]
vi.
By Probation
Probation
A disposition under which a defendant after
conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer. [Sec. 3(a),
P.D. 968 (Probation Law)]
c. Compromise
Desistance
and
Affidavit
of
Criminal liability cannot be the subject of a
compromise, for a criminal case is committed
against the People, and the offended party may
not waive or extinguish the criminal liability.
Compromise is not one of the grounds
prescribed by RPC for the extinction of criminal
liability. [Trinidad v. Ombudsman, G.R. No.
166038 (2007); Art. 2034, New Civil Code; Art.
23, RPC.]
Courts disfavor affidavits of desistance or
retraction [People v. Orje, G.R. No. 189579
(2011) citing People v. Soriano, G.R. No.
178325 (2008), 546 SCRA 514, 521; citing
People v. Alicante, 388 Phil. 233, 258 (2000)]
as they can be easily secured from poor or
ignorant witnesses, usually for monetary
considerations or threats of violence. There
must be other circumstances which, when
coupled with retraction or desistance, creates
doubt as to the truth of the plaintiff’s testimony.
[People v. Orje, G.R. No. 189579 (2011)]
CRIMINAL LAW
Civil liability arising from an offense, however,
may be the subject of compromise. Such
compromise shall not extinguish the imposition
of the legal penalty. [Art. 2034, New Civil Code]
7. Civil Liabilities Arising from
Criminal Cases
a. General Rule
Art. 100. Civil liability of a person guilty of
felony. - Every person criminally liable for a
felony is also civilly liable.
Basis of Civil Liability
An act or omission xxx gives rise to civil liability
because it caused damage to another.
Additionally, what gives rise to civil liability is
the obligation and the moral duty of everyone
to repair or make whole the damage caused to
another, by reason of his own act or omission,
whether done intentionally or negligently.
[Chua v. CA, G.R. No. 150793 (2004)]
Every person who, contrary to law, willfully or
negligently causes damage to another, shall
indemnify the latter for the same. [Art. 20, CC.]
When Imposable
If the felony committed did not cause any
damage to another, the offender is not civilly
liable even if he is criminally liable for the felony
committed. [REYES, Book 1]
Exemption from criminal liability does not
include exemption from civil liability. [Rule 111,
Sec. 2(4), Revised Rules of Criminal
Procedure]
Effect of Acquittal in Criminal Action
General Rule: The court may acquit an
accused on reasonable doubt and still order
payment of civil damages already proved in the
same case without need for a separate civil
action. The reason for this is that the accused
has already been accorded due process.
[Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97
(1986)]
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CRIMINAL LAW
CRIMINAL LAW I
Exceptions:
1. Acquittal in the criminal action for
negligence does not preclude the offended
party from filing a separate civil action to
recover damages, based on the new theory
that the act is a quasi-delict [REYES; Book
1 Art. 2177, NCC].
2. Facts from which the civil action might arise
do not exist (e.g., the defendant was
acquitted because he was not the
perpetrator of the felony) [REYES, Book 1]
Determination of Civil Liability [WRIP]
General Rule: Civil liability arising from the
commission of the felony is deemed instituted
with the criminal action. [Rule 111, Sec. 1(a),
ROC]
With the implied institution of the civil action in
the criminal action, the two actions are merged
into one composite proceeding, with the
criminal action predominating the civil. [Quinto
v. Andres, G.R. No. 155791 (2005)]
Exceptions: When the offended party:
1. Waives his right to file a civil action
2. Reserves his right to Institute it separately,
or
3. Institutes the civil action Prior to the criminal
action.
Reservation of Right to File
A reservation of the right to file a separate civil
action only gives the party aggrieved the right
to choose under which body of laws he must
bring the civil action, either under the:
1. RPC – where the recovery may
be
defeated by proof that the acts on which the
action is based do not exist, or
2. New Civil Code – where the same proof is
required to preclude recovery, or proof of
diligence in the selection and employment
of the employee.
Institution of Separate Civil Action
Commencement of criminal action is not a
condition precedent to the filing of civil action
arising from a crime. However, civil action
arising from crime cannot be instituted in
the following cases:
When Civil
Action
is Instituted
Before
criminal
action has
commenced
After criminal
action has
commenced
Effect
[Rule 111, Sec. 2,
Rules of Court]
Civil action is suspended
until final judgment is
rendered in the criminal
action.
The civil and criminal
actions
may
be
consolidated so that they
are tried and decided
jointly.
Cannot be instituted until
after final judgment has
been rendered in the
criminal action.
Said rule applies only when the plaintiff in the
civil action is the offended party in the criminal
action and both cases arise from the same
offense.
Independent Civil Actions
An independent civil action may be filed in the
following cases:
1. Violations of fundamental rights [Art. 32,
NCC.]
2. Defamation, fraud and physical injuries [Art.
33, NCC.]
3. Failure or refusal of a member of the police
force to render aid or protection to any
person in case of danger to life or property
[Art. 34, NCC.]
4. When there is fault or negligence, there
being no pre-existing contract between the
parties (quasi-delict). [Art. 2176, NCC]
NOTE: Responsibility for quasi-delicts is
separate from civil liability arising from
negligence under the RPC, but the plaintiff
cannot recover damages twice from the
same act or omission. [Art. 2177, CC.]
b. What Civil Liability Includes
What is Included in Civil Liability [Art. 104,
RPC]
The civil liability established in Arts. 100, 101,
102, and 103 of this Code includes:
Page 119 of 286
U.P. LAW BOC
1. Restitution;
2. Reparation of the damage caused; and
3. Indemnification for consequential damages.
i.
CRIMINAL LAW
CRIMINAL LAW I
Restitution
Restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration or diminution of value as
determined by the court. [Art. 105, RPC]
NOTE: Restitution should apply when offense
is proven, even if accused is acquitted. [People
v. Alejano, G.R. No. L-33667 (1930)]
General Rule: The thing itself shall be
restored, even though it be found in the
possession of a third person who has acquired
it by lawful means.
Exception: In cases where the thing has been
acquired by the third person in the manner and
under the requirements which, by law, bar an
action for its recovery. [Art. 105, RPC]
ii.
Reparation
The court shall determine the amount of
damage, taking into consideration the price of
the thing, whenever possible, and its special
sentimental value to the injured party, and
reparation shall be made accordingly. [Art. 106,
RPC]
This applies when restitution is not possible.
[People v. Dalena, G.R. Nos. 11387-R and
11388-R (1954) cited in REYES, Book 1]
Computation [Art. 106, RPC]
REPARATION = actual value of lost item
which cannot be recovered + sentimental
value to original owner
iii.
Indemnification
Indemnification for consequential damages
shall include not only those caused the injured
party, but also those suffered by his family or
by a third person by reason of the crime. [Art.
107, RPC]
Hence, restitution may not be allowed in the
following cases:
a. If the possessor of a movable or of which
the owner has been unlawfully acquired,
acquired it in good faith at a public sale, the
owner cannot acquire its return without
reimbursing the price thereof. [Art. 559, CC.]
b. When purchaser is an innocent purchaser
for value of a property covered by a Torrens
title [REYES, Book 1]
c. When a sale is authorized by the original
owner of the property. [REYES, Book 1]
d. When liability to return a thing arises from a
contract, not from a criminal act. In such
case, the court cannot order its return in the
criminal case. [People v. Pantig, G.R. No. L8325 (1955)]
Indemnity v. Restitution
Restitution is applicable to crimes against
property; whereas indemnity is applicable to
crimes against persons.
If Thing is Damaged
If the value of the thing taken is decreased, the
court may order the offender to pay the amount
representing
deterioration.
[People
v.
Mostasesa, G.R. No. L-5684 (1954)]
When Injuries are Sustained
Actual damage from injuries = whatever he
spent to treat wounds + doctor’s fees +
medicine + salary/wages unearned because
of inability to work + damages due to loss of
limb/etc.
Art. 104 (civil liabilities) v. Art. 38 (providing
for the order of payment of pecuniary
liabilities)
Civil liabilities
Pecuniary Liabilities
(Art. 104)
(Art. 38)
Similarities
Reparation, indemnification
As to Restitution
Restitution
Not applicable
As to Fine and Costs
Fine,
costs
of
Not applicable
proceedings
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Lost earnings
General Rule: There must be documentary
proof to support the indemnity for loss of
earning capacity.
Exceptions:
1. When the deceased is self-employed and
earning less than minimum wage; or
2. When the deceased was employed as a
daily wage worker earning less than
minimum wage. [People v. Mallari, G.R.
No. 145993 (2003)]
Computation:
Loss of Earning Capacity = [2/3 x (80 – age
of the deceased)] x [50% x annual gross
income]
If there is proof of actual amount of living
expenses, instead of using 50% of annual
gross income:
Net Gross Income = gross annual income –
living expenses
[Abrogar v. Cosmos Bottling Corporation, G.R.
No. 164749 (2017)]
Temperate Damages
Given when pecuniary losses were suffered
but amount cannot be proven with certainty.
Also, when income of victim is not sufficiently
proven. [Pleno v. Court of Appeals, G.R. No. L56505 (1988)]
Moral Damages
This includes physical suffering, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock,
social humiliation, and similar injury. [Art. 2217,
CC.]
It may be recovered in the following and
analogous cases: [Art. 2219, CC.]
1. Crime resulting to physical injuries
2. Seduction, abduction, rape, or other
lascivious acts
3. Adultery/concubinage
4. Illegal/arbitrary detention/arrest
5. Illegal search
6. Libel, slander, or any other form of
defamation
CRIMINAL LAW
7. Malicious prosecution
For rape, moral damages may additionally be
awarded without need for pleading or proof of
the basis thereof. [People v. Arizapa, G.R. No.
131814 (2000)]
Exemplary Damages
Corrective damages are deterrent to serious
wrongdoings, and vindication of undue
sufferings. This is imposed when there are:
1. One or more aggravating circumstances; or
2. When crime is extremely reprehensible or
outrageous. [People v. Combate, G.R. No.
189301 (2010)]
However, plaintiff must first show he is entitled
to moral, temperate, or compensatory
damages before exemplary damages are
awarded. [Art. 2234, CC.]
Damages to be Awarded
The following damages is to be awarded for
crimes involving the death of victim where the
penalty imposed consists of indivisible
penalties (e.g., Murder, Parricide, Infanticide,
etc) or for simple/qualified rape. [People v.
Jugueta, G.R. No. 202124 (2016)]
Where the penalty imposed is death but
reduced to reclusion perpetua because
of RA 9346
Civil indemnity
Moral damages
P100,000
Exemplary damages
Where the penalty imposed is reclusion
perpetua, other than the abovementioned
Civil indemnity
Moral damages
P75,000
Exemplary damages
Attorney’s fees
When defendant’s act or omission has
compelled the plaintiff to litigate with third
persons or incur expenses to protect his
interest. [Art. 2208, CC.]
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Interest
6% per annum. [Sps. Abella v. Abella, G.R. No.
195166 (2015)]
c. Persons Civilly Liable
Upon Whom Obligation Devolves [Art. 108,
RPC]
1. Obligation to make restoration, reparation
for damages, or indemnification for
consequential damages and actions to
demand the same – upon the heirs of the
person liable.
2. Action to demand restoration, reparation,
and indemnification - descends to the heirs
of the person injured.
Rules on Liability
1. If there are two or more persons civilly
liable for a felony - the courts shall
determine the amount for which each must
respond. [Art. 109, RPC]
2. Liability of principals, accomplices, and
accessories - each within their respective
class, shall be liable severally (in solidum)
among themselves for their quotas, and
subsidiaries for those of the other persons
liable.
Order of enforcement of liability: first
against the property of the principals; next,
against that of the accomplices, and, lastly,
against that of the accessories.
Right of person who paid: Right of action
against the others for the amount of their
respective shares. [Art. 110, RPC]
3. Liability of person who benefited from
the proceeds of the felony – any person
who has participated gratuitously in the
proceeds of a felony shall be bound to make
restitution in an amount equivalent to the
extent of such participation. [Art. 111, RPC]
In Case of Death of Offender
When Death
Effect
Occurred
After final judgment
Civil
liability
is
possible. [Rule 86,
ROC]
final Civil
Before
liability
is
judgment
dismissed.
[Art.
89(1), RPC]
d. Extinction of Civil Liability
Offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact that
he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence or
any other reason. [Art. 113, RPC]
Modes of Extinguishing Civil Liability
Civil liability established in Arts. 100, 101, 102,
and 103 of the RPC shall be extinguished in the
same manner as obligations, in accordance
with the provisions of the Civil Law. [Art. 112,
RPC]
Obligations are extinguished:
a. By payment or performance;
b. By the loss of the thing due;
c. By the condonation or remission of the debt;
d. By the confusion or merger of the rights of
creditor and debtor;
e. By compensation;
f. By novation. [Art. 1231, CC]
e. Special Cases
i.
Insanity, imbecility, and those
over 9 and below 15
Civil Liability of Parents of Minors
General Rule: A minor over 15 years of age
who acts with discernment is not exempt from
criminal liability, that is why the RPC is silent as
to the subsidiary liability of his parents. The
particular law that governs is Art. 2180 of the
Civil Code which provides, “the father and, in
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case of his death or incapacity, the mother is
responsible for damages caused by the minor
children who live in their company.” [REYES,
Book 1]
Exception: Parents/guardians can avoid civil
liability by proving that there was no fault or
negligence on their part. [REYES, Book 1]
Civil Liability of Guardians
The persons having the insane or minor under
their legal authority or control are primarily
liable to pay the civil liability. If it is proven that
there was no fault or negligence on their part,
those exempted from the crime shall respond
with their own property not exempt from
execution. [Art. 2180(3), CC.]
ii.
State of Necessity
There is no civil liability in justifying
circumstances except in par. 4 of Art. 11 (state
of necessity), wherein the person who was
benefited by the act which causes damage to
another is the one civilly liable. [Tan v.
Standard Vacuum Oil, G.R. No. L-4160 (1952)]
iii.
Irresistible
Force
Uncontrollable Fear
and
The persons using violence or causing the fear
are primarily liable. If there be no such persons,
those doing the act shall be liable secondarily.
[REYES, Book 1]
iv.
Innkeepers and Similar Persons
General Rule: Innkeepers, tavernkeepers, and
any other persons or corporations shall be
civilly liable for crimes committed in their
establishments in the following cases:
1. In default of the persons criminally
liable
2. For the restitution of goods taken by
robbery or theft within their houses
from guests lodging therein.
Exception: No liability shall attach in case of
robbery with violence against or intimidation of
CRIMINAL LAW
persons unless committed by the innkeeper's
employees. [Art. 102, RPC]
Elements under Paragraph 1
a. Innkeeper, tavernkeeper, or proprietor of
establishment or his employee must have
committed a violation of municipal
ordinance or some general or special police
regulation.
b. Crime was committed in such inn, tavern or
establishment.
c. The person criminally liable is insolvent.
Elements under Paragraph 2
a. Guests notified the innkeeper or the person
representing him of the deposit of their
goods within the inn or house, in advance.
b. The guest followed the directions of the
innkeeper or his representative with respect
to the care of the vigilance over such goods.
c. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.
f. Subsidiary
Persons
Liability
of
Other
Subsidiary liability shall also apply to
employers,
teachers,
persons,
and
corporations engaged in any kind of industry
for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the
discharge of their duties [Art. 103, RPC].
Elements: [ETPC SePWA INSaC]
1. Employer, Teacher, Person or Corporation
is engaged in any kind of industry.
2. Any of their Servants, Pupils, Workmen,
Apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is Insolvent and has Not
Satisfied his civil liability.
4. Employee was Convicted in a criminal
action.
How Enforced
There must be a motion for subsidiary writ of
execution against the employer and upon proof
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that the employee is insolvent. [REYES, Book
1]
NOTES:
a. Private persons without business or industry
are not subsidiarily liable but may be
primarily liable under culpa aquiliana.
[Steinmetz v. Valdez, G.R. No. 47655
(1941) cited in Reyes, Book 1]
b. Employer has the right to take part in the
defense of his employee. [Miranda v. Malate
Garage & Taxicab, G.R. No. L-8943 (1956)]
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II. CRIMES UNDER THE
REVISED PENAL CODE
A. CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF
NATIONS [ARTS. 114-123]
These crimes may be prosecuted although the
criminal act or acts were committed outside of
Philippine territorial jurisdiction.
This is one of the instances where the RPC
may be given extraterritorial application
under Article 2 (5) thereof. However,
prosecution can proceed only if offender is:
a. Within Philippine territory, or
b. Brought to the Philippines pursuant to an
extradition treaty.
General rule: Almost all of these are crimes
committed only in times of war.
Exceptions: Offenses that can be committed
in times of peace:
a. Espionage [Art. 117] – This is also covered
by Commonwealth Act No. 616 which
punishes conspiracy to commit espionage.
b. Inciting to War or Giving Motives for
Reprisals [Art. 118] – This can be committed
even if the Philippines is not a participant.
c. Violation of Neutrality [Art. 119] – The
Philippines is not a party to an on-going war.
1. Chapter I: Crimes against
National Security
a. Article 114 - Treason
GENERAL CONCEPTS:
1. Treason – breach of allegiance to a
government, committed by a person who
owes allegiance to it [U.S. v. Abad, G.R. No.
976 (1902)]
2. Two (2) Modes of Commission [LA]:
a. Levying War
b. Adherence to the Enemy and Giving of
Aid and Comfort
3. Place of Commission
CRIMINAL LAW
a. Treason by a Filipino citizen - can be
committed outside of the Philippines.
b. Treason by an alien - must be
committed in the Philippines.
4. Treason is a continuing offense – It is of
such a nature that it may be committed by
one single act, by a series of acts, or by
several series thereof, not only in a single
time, but in different times, it being a
continuous crime. [People v. Victoria, G.R.
No. L-369 (1947)]
Elements
Mode 2:
Adherence to the
Enemy and Giving
of Aid and Comfort
[AWAG]
1. Offender is a Filipino or Resident alien
owing Allegiance to the Government of
the Philippines
2. There is a War in which the Philippines
is involved
3. The offender
3. Offender Adheres
Levies war
to the enemies
against the
and Gives them
government
aid or comfort
4. There must be
an actual
Assembly of
men; and
5. It is for the
purpose of
executing a
Treasonable
design by force
[REYES]
Mode 1:
Levying War
[AWLAT]
Allegiance
Obligation of fidelity and obedience which the
individuals owe to the government under which
they live or to their sovereign, in return for the
protection they receive. [REYES, citing 52 Am.
Jur. 797].
Allegiance can be [Laurel v. Misa, G.R. No. L409 (1947)]:
a. Permanent – obligation of fidelity and
obedience which a citizen or subject owes
to his government or sovereign.
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b. Temporary – obligation of fidelity and
obedience which a resident alien owes to
his government.
Adherence
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors
sympathies or convictions. [Cramer v. US, 65
Sup. Ct. 918 (1945)]
Aid or Comfort
An act which strengthens or tends to
strengthen the enemy and an act which
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy.
[Cramer v. US, supra]
5. The overt act of aid and comfort to the
enemy must be intentional. [Id.]
Acts not constituting treason
6. “Commandeering" of women to satisfy the
lust of Japanese officers or men or to
enliven the entertainments held in their
honor. Sexual and social relations with the
Japanese did not directly and materially
tend to improve their war efforts or to
weaken the power of the US. [People v.
Perez, supra.]
7. Acceptance of public office and discharge of
official duties under the enemy [People v.
Sison, P.C. 42 O.G. 748]
As to the treatment of common crimes
connected with the charge of Treason
General Rule: When the killings and other
common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as
separate crimes, or (b) as complexed with
treason.
Exception: The rule would not preclude the
punishment of murder or other common
crimes, if the prosecution should elect to
prosecute the culprit specifically for these
crimes, instead of relying on them as an
element of treason. [People v. Prieto, G.R. No.
L-399 (1948)]
CRIMINAL LAW
Two Ways of Proving Treason [Art. 114,
par.2, RPC]
1. Testimony of at least two witnesses to the
same overt act; or
2. Confession of accused in open court.
The Two-Witness Rule
The testimony of two witnesses is required to
prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Each of the witnesses must testify to the whole
overt act; or if it is separable, there must be two
witnesses to each part of the overt act. [People
v. Escleto, G.R. No. L-1006 (1949)]
Adherence may be proved [ONC]:
1. By One witness;
2. From the Nature of the act itself; or
3. From the Circumstances surrounding the
act. [People v. Adriano, G.R. No. L-477
(1947)]
Aggravating Circumstances
Aggravating Circumstances
Not Allowable/
Inherent
Allowable [ICAG]
Circumstances
[EAT]
1. Ignominy
1. Evident
2. Cruelty
premeditation
3. Amount or
2. Abuse of Superior
degree of aid
strength
4. Gravity of
3. Treachery [People
separate distinct
v. Roble, G.R. No.
acts of treason
L-433 (1949)]
[REYES]
Defenses Against Treason
Defenses against Treason
Acceptable [DL]
Unacceptable [SL]
1. Duress or
1. Suspended
uncontrollable
allegiance and
fear [El Pueblo
change in
de Filipinas v.
sovereignty
Bagalawis,
[Laurel v. Misa,
G.R. No. L-262
G.R. No. L-409
(1947)]
(1947)]
2. Lawful
2. Loss of
obedience to a
citizenship by the
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de facto
Government
[Go Kim Cham
v. Valdez, G.R.
No. L-5 (1945)]
CRIMINAL LAW II
mere joining of
army of the
enemy [People v.
Manayao, G.R.
No. L-322 (1947)]
b. Article 115 – Conspiracy and
Proposal to Commit Treason
Elements
Conspiracy to
Proposal to
commit Treason
commit Treason
[WaTLAD]
[WOnLAP]
1. There is a War in which the Philippines is
involved
2. At
least
two 2. At
least
one
persons agree to:
person decides to
a. Levy
war
a. Levy
war
against
the
against
the
government;
government;
or
or
b. Adhere to the
b. Adhere to the
enemies,
enemies,
giving
them
giving
them
aid or comfort
aid or comfort
3. They decide to
commit it
3. That
person
proposes
its
execution
to
other persons
The two-witness rule does not apply because
this is a separate and distinct offense from that
of treason. [US v. Bautista, G.R. No. L-2189
(1906)]
c. Article 116 – Misprision of Treason
Elements [CCC]:
1. Offender is a Citizen of the Philippines
2. He has knowledge of Conspiracy to commit
treason against the government
3. He Conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which
he resides, or the mayor or fiscal of the city
in which he resides
CRIMINAL LAW
Rationale: There are persons who conspire to
commit treason and the offender knew this and
failed to make the necessary report to the
government within the earliest possible time.
[REYES]
Punishment
● Punishment imposed is as an accessory to
treason.
● However, the offender is still a principal to
the crime of misprision of treason. Hence,
Art. 20 of the RPC which provides for
accessories who are exempt from criminal
liability does not apply in this case. [REYES]
Misprision of Treason v. Treason
Misprision of
Treason
Treason (Art. 114)
(Art. 116)
As to the Offender
Offender is a Filipino Offender is a Filipino
Citizen
or Resident alien
owing Allegiance to
the Government of the
Philippines
Acts Punished
What is punished is
the concealment or
failure to disclose of a
conspiracy to commit
treason
What is punished is
the act of:
(1) levying war; or
(2) adherence to the
enemy and the giving
of aid and comfort
Since the provision
speaks only of
“knowledge of any
conspiracy”, it
presupposes that the
crime of treason is
not yet consummated
[REYES]
As to the Penalty
Penalty is equivalent Principal offender is
to that of an
punished by prision
accessory to treason mayor to death and
shall pay a fine not to
exceed P20,000
pesos
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Other distinctions between Mode 1 and
Mode 2
Mode 1
Mode 2
d. Article 117 – Espionage
Punishable Acts [Two (2) Modes] [ED]
1. By Entering, without authority therefor, a
warship, fort, or naval or military
establishment or reservation to obtain any
information, plans, photographs, or other
data of a confidential nature relative to the
defense of the Philippines
2. Disclosing by public officer of confidential
information to a foreign representative
Elements
Mode 1:
Entering without
Authority
[EAPD]
1. Offender Enters a
Warship, Fort, or
Naval or Military
Establishment or
Reservation;
[WaFoNaMER]
2. He has no
Authority;
3. His Purpose is to
obtain
information,
plans,
photographs or
other data of a
confidential
nature
4. What is sought to
be obtained is
relative to the
Defense of the
Philippines.
CRIMINAL LAW
Mode 2:
Disclosing by
a Public Officer
[PPD]
1. That the offender is
a Public officer;
2. That he has in his
Possession the
articles, data or
information of a
confidential nature
relative to the
defense of the
Philippines, by
reason of the public
office he holds;
3. That he Discloses
their contents to a
representative of a
foreign nation.
As to the Offender
Offender can be any
person who has no
authority to obtain
information, plans,
etc.
Offender should be a
public officer
As regards the information
Information need not
be obtained. The
intention to obtain
information is
sufficient.
Articles, data or
information of
confidential nature are
disclosed.
Espionage v. Treason
Espionage (Art. 117)
Treason (Art. 114)
As to the Offender
Offender can be a citizen or an alien
When committed
May be committed
both in times of war
and in times of peace
Committed only in
times of war
How committed
May be committed in
many ways
Limited to two (2) ways
of:
a. Levying of war; and
b. Adhering to the
enemy giving him
aid or comfort
SECTION 2. PROVOKING WAR
DISLOYALTY IN CASE OF WAR
AND
e. Article 118 – Inciting to War or
Giving Motives for Reprisals
Elements [UPE]:
1. Offender performs Unlawful or unauthorized
acts
2. The acts:
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a. Provoke or give occasion for a war
involving or liable to involve the
Philippines; or
b. Exposure of Filipino citizens to reprisals
on their persons or property
f. Article 119 - Violation of Neutrality
Elements [WRV]
1. There is War in which the Philippines is not
involved
2. There is a Regulation issued by a
competent authority to enforce neutrality
3. Offender Violates the regulation
g. Article 120 – Correspondence with
Hostile Country
Elements [WC-PCU]:
1. There is War in which the Philippines is not
involved
2. Offender makes Correspondence with an
enemy country or territory occupied by
enemy troops
3. The correspondence is either –
a. Prohibited by the government, or
b. Carried on in Ciphers or conventional
signs; or
c. Containing notice or information which
might be Useful to the enemy
Qualifying Circumstance for (c):
If the offender intended to aid the enemy by
giving such notice or information, the penalty
will be the same as that for treason.
Correspondence
This is communication by means of letters
which pass between those who have friendly or
business relations.
● Even if the correspondence contains
innocent matters, if the correspondence
has been prohibited by the Government, it
is punishable.
● Prohibition by the Government is not
essential in instances (b) and (c). [REYES]
CRIMINAL LAW
h. Article 121 – Flight to Enemy’s
Country
Elements [WAAP]:
1. There is a War in which the Philippines is
involved
2. Offender
owes Allegiance to the
government
3. Offender Attempts to flee or go to enemy
country.
4. Going to the enemy country is Prohibited
by competent authority
NOTES:
● Aliens may be Guilty - The allegiance
contemplated in this article is either natural
or temporary allegiance. [REYES]
● Mere Attempt Consummates the felony
when prohibited by competent authority
consummates the felony. [REYES]
SECTION 3. PIRACY AND MUTINY ON THE
HIGH SEAS
i. Article 122 – Piracy in General and
Mutiny on the High Seas or in
Philippine Waters
Elements of Piracy
Mode 1: Attacking
or seizing the
Mode 2: Seizing
vessel
the cargo [VNSI]
[VCASI]
1. The Vessel is on the high seas or
Philippine waters
2. Offender may be 2. Offenders are
a Complement or
Neither members
passenger of the
of its complement
vessel
nor passengers of
the vessel
3. The Offenders 3. Offenders are
Attacks or Seizes
Neither members
the vessel
of its complement
nor passengers of
the vessel
4. There is Intent to gain
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High Seas
The parts of the seas that are not included in
the exclusive economic zone, in the territorial
seas, or in the internal waters of a state, or in
the archipelagic waters of an archipelagic
state. [Convention on the Law of the Sea]
Jurisdiction
The jurisdiction of piracy unlike all other crimes
has no territorial limits. Pirates are in law
hostes humani generis. Piracy is a crime not
against any particular State but against all
mankind. It may be punished in the competent
tribunal of any country where the offender may
be found or into which he may be carried.
[People v. Lol-lo and Saraw, supra.]
Mutiny
Mutiny is usually committed by the other
members of the complement and may be
committed by the passengers of the vessel.
[REYES]
Piracy v. Mutiny [REYES]
Piracy
Mutiny
As to the Attacker
Persons who attack
Persons who attack
the vessel or seize
the vessel or seize
its cargo are
its cargo are
strangers to said
members of the
vessels
crew or passengers
As to necessity of intent to gain
Intent to gain is not
Intent to gain is
essential. The
essential
offenders may only
intend to ignore the
ship’s officers or
they may be
prompted by a
desire to commit
plunder.
j. Article 123 – Qualified Piracy
Qualifying Circumstances [B-FA-MHPR]:
1. Whenever the vessel is seized by Boarding
or Firing upon the same;
CRIMINAL LAW
2. Whenever the pirates have Abandoned
their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by
Murder, Homicide, Physical injuries or
Rape
This is a special complex crime, regardless
of the number of victims. [People v. Siyoh,
G.R. No. L-57292 (1986)]
“Pirates”
It seems as if “pirates” in paragraph 2 should
actually be in paragraph 1 because in
paragraph 1, the mutineers, being already in
the vessel, cannot seize the vessel by boarding
or firing upon the same. [REYES]
B. CRIMES
AGAINST
THE
FUNDAMENTAL LAWS OF THE
STATE [ARTS. 124 - 133]
1. Chapter I: Arbitrary Detention or
Expulsion, Violation of Dwelling,
Prohibition,
Interruption,
and
Dissolution of Peaceful Meetings and
Crimes Against Religious Worship
SECTION 1 – ARBITRARY DETENTION OR
EXPULSION
a. Article 124 - Arbitrary Detention
Arbitrary Detention [Art. 124, RPC]
Any public officer or employee who without
legal grounds detains a person.
Elements [PWD]:
1. Offender is a Public officer or employee
2. He Detains a person
3. Detention is Without a legal ground;
detention is without legal ground if not made
under the following circumstances [CIA]:
a. Upon the Commission of a crime;
b. Violent Insanity; or
c. Any other Ailment requiring compulsory
confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]
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Public officer or employee
The public officers must be vested with
authority to detain or order the detention of
persons accused of a crime (i.e. policemen and
other agents of the law, the judges or mayors
and barangay captains). [Milo v. Salanga, G.R.
No. L-37007, (1987)]
Detention
Refers to the actual confinement of a person in
an enclosure, or in any manner detaining and
depriving him of his liberty [People v. Flores,
G.R. No. 116488, (2001), citing People vs.
Gungon, G.R. No. 119574 (1998)].
It can refer to both physical and psychological
restraint [People v. Fabro, G.R. No. 208441
(1998)].
Periods of Detention Penalized:
Has not
exceeded
3 days
Arresto
Mayor in
its
maximum
period to
prision
correcional
in its
minimum
period
More
than 3
days but
not more
than 15
days
Prision
Correcion
al in its
medium
period
and
maximum
periods.
More
than 15
days
but not
more
than 6
months
Exceede
d6
months
Prision
Mayor
Reclusion
temporal
CRIMINAL LAW
valid warrantless arrests under Sec. 5,
Rule 113 [REYES]
b. Article 125 - Delay in the Delivery
of Detained Persons to the Proper
Judicial Authorities
Elements [PDF-12-18-36]:
1. Offender is a Public officer or employee
2. He Detains a person for some legal ground
(includes valid warrantless arrests)
3. He Fails to deliver such person to the proper
judicial authorities within –
a. 12 hours for light penalties
b. 18 hours for correctional penalties
c. 36 hours for afflictive or capital penalties
Delivery
It may also mean constructive delivery (e.g.,
by the filing of the correct information with the
proper court) or the turning over the person
arrested to the jurisdiction of the court. The
purpose is to determine whether the offense is
bailable or not. [Sayo v. Chief of Police, G.R.
No. L-2128 (1948)]
When a Judge is not Available
Where a judge is not available, the arresting
officer is duty bound to release the person
detained, if the maximum hours for detention
provided under Art. 125 of the RPC have
already expired. [Albior v. Auguis, A.M. P-011472 (2003)]
Period to Deliver
General Rule: Delivery should be made within
12, 24, or 36 hours, depending on the
imposable penalty
NOTES:
1. Minimum period for arbitrary detention
– Art 124 does not fix the minimum period
of detention [US v. Braganza, G.R. No. L3971].
2. Arbitrary detention may be committed
through imprudence [People v. Misa,
G.R. No. 93485, (1994)]
3. Usual Cause of Arbitrary Detention –
Arrest without a search warrant, except
Exception: For those charged with or is
suspected of terrorism or conspiracy to commit
terrorism, applicable period is 3 days (Sec. 19,
R.A. 9372).
Computation of periods
An election day or special holiday, should not
be included in the computation of the period
prescribed by law for the filing of
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complaint/information in courts in cases of
warrantless arrests, it being a ‘no-office day’
[Soria v. Desierto, GR No. 153524 (2005),
citing Medina v. Orozco, G.R. No. L-26723
(1966)]
Circumstances considered in determining
the liability of the offender [MH-OTI]
1. Means of communication;
2. Hour of arrest; and
3. Other circumstances such as:
a. Time of surrender;
b. Material possibility for the fiscal to make
the Investigation file in time the
necessary information [Sayo v. Chief of
Police, G.R. No. L-2128 (1948)]
Waiver of the Provisions of Article 125
Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with Rule 112 of
the Revised Rules of Criminal Procedure, but
he must sign a waiver of the provisions of
Article 125 of the RPC in the presence of his
counsel. [Rule 112, Sec. 7 par.2]
CRIMINAL LAW
a. Service of the notice of the judicial or
executive order for the release of the
prisoner or detention prisoner;
b. Performance of such judicial or
executive order for the release of the
prisoner or detention prisoner; or
c. Proceedings upon a petition for the
release of such person
Wardens and jailers are the public officers
most likely to violate Article 126 [REYES, Book
2, p. 63].
d. Article 127 – Expulsion
Elements [P-EC-N]:
1. Offender is a Public officer or employee
2. He either:
a. Expels any person from the Philippines;
or
▪ Can be committed only against an
alien [AMURAO]
b. Compels a person to change residence
▪ Can be committed against either
aliens or Filipino citizens (Id.)
3. Offender is Not authorized to do so by law
Arbitrary Detention vs. Delay in Delivery
Arbitrary
Detention (Art.
124)
Delay in Delivery of
Detained Persons
(Art. 125)
NOTE: Only a court, by final judgment, can
compel a person to legally change his
residence [Villavicencio v. Lukban, (1919)].
No warrant of
arrest
No warrant of arrest,
BUT arrest was made
with legal ground/s.
SECTION 2 - VIOLATION OF DOMICILE
From the
beginning, the
detention is illegal
The detention is legal
in the beginning, BUT
the illegality of the
detention starts from
the expiration of any
of the periods
specified in Art. 125.
Elements [PN-ESR] :
1. Offender is a Public officer or employee
2. He is Not authorized by judicial order
3. He performed the following acts:
a. Entered the dwelling against the will of
the owner;
b. Searched for papers or other effects
therein without the previous consent of
such owner; or
c. Refused to leave the premises, after
having surreptitiously entered such
dwelling and having been required to
leave the same.
c. Article 126 - Delaying Release
Elements [P-DSPP]:
1. Offender is a Public officer or employee
2. Offender without good reason Delays the:
e. Article 128 – Violation of Domicile
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Qualifying circumstances [N-Nr] [Art. 128,
(2), RPC]:
1. Nighttime; or
2. Papers or effects not constituting evidence
of a crime are Not returned immediately
after the search
Mode 1 - Entrance to dwelling against the
will of the Owner
● Dwelling – a building or structure,
exclusively used for rest and comfort
[REYES, Book 1]
● Against the Will of the Owner presupposes opposition or prohibition by
the owner, whether express or implied, and
not merely the absence of consent
[REYES, Book 2]
Mode 2 - Search without previous consent
of owner
● Search – the examination of a person’s
body or property or other area that a person
would reasonably expect to consider as
private, conducted by a law enforcement
officer for the purpose of finding evidence
of a crime.
● Silence of the Owner during the
Warrantless Search - may show implied
waiver. [REYES, Book 2]
NOTES:
● Inhabitant is Sufficient – although the
codes speaks of the owner of the premises,
an inhabitant would be sufficient if he is the
lawful
occupant
of
the
dwelling
[REGALADO]
● Not Authorized by Judicial Order - when
he is not armed with a search warrant duly
issued by the court [Id]
f. Article 129 - Search Warrants
Maliciously Obtained and Abuse in
the Service of those Legally
Obtained
Two (2) Modes of Commission:
1. Procuring a search warrant without just
cause; or
CRIMINAL LAW
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
Elements
Mode 1:
Procuring Search
Warrant Without
Just Cause
[PSC]
Mode 2:
Exceeding
Authority or
Using
Unnecessary
Severity in the
Execution [PSE]
1. Offender is a Public officer or employee
2. He procures a 2. He has already
Search warrant
legally procured a
Search warrant
3. There is no just
3. He Exceeds his
Cause
authority or uses
unnecessary
severity
in
NOTE: There is no
just cause when it
executing
the
appears on the face
same
of the affidavits filed
in support of the
application,
or
through
other
evidence, that the
applicant had every
reason to believe
that
the
search
warrant sought for
was
unjustified
[REYES]
g. Article 130 - Searching Domicile
Without Witnesses
Elements [PASO]:
1. Offender is a Public officer or employee
2. He is Armed with search warrant legally
procured
3. He Searches the domicile, papers or other
belongings of any person
4. The Owner, or any members of his family,
or two witnesses residing in the same
locality are not present
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o Witnesses - must be of sufficient age
and discretion residing within the same
locality [Rule 126, Sec. 8, Rules of Court]
Rationale: Search in the presence of
witnesses specified by the law is mandatory to
ensure regularity in the execution of the search
warrant [People v. Gesmundo, G.R. No. 89373
(1993)]
Crimes under Section Two - Violation of
Domicile, Distinguished
Search
Warrants
Maliciously
Obtained or
Abuse in its
Service
(Art. 129)
Violation of
Domicile
(Art. 128)
NO warrant
is present.
SECTION
Searching
Domicile
Without
Witnesses
(Art. 130)
–
others, any petition to the authorities for
the
▪ Correction of abuses; or
▪ Redress of grievances
Disturbance of a Municipal Council Meeting
Interrupting and dissolving the meeting of a
municipal council by a public officer is a crime
against a legislative body, which is in violation
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
No. 18853 (1922)]
SECTION 4 - CRIMES AGAINST RELIGIOUS
WORSHIP
i. Article 132 - Interruption
Religious Worship
of
Elements [PRD]:
A warrant is
present, BUT:
(1) warrant was
maliciously
obtained; or (2)
there was
abuse in its
execution
3
CRIMINAL LAW
A warrant is
present, BUT
there was a
defect in its
implementatio
n
PROHIBITION,
INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
h. Article
131
Prohibition,
Interruption and Dissolution of
Peaceful Meetings
Elements [OP - PHA]:
1. Offender is a public officer or employee
2. He Performs any of the following acts:
a. Prohibiting, interrupting, or dissolving,
without legal ground, the holding of a
peaceful meeting
b. Hindering any person from:
▪ Joining any lawful association; or
▪ Attending any of its meetings
c. Prohibiting or hindering any person from
Addressing, either alone or together with
1. Offender is a Public officer or employee
2. Religious ceremonies or manifestations of
any religion are about to take place or are
going on
3. Offender prevents or disturbs the same
Qualifying circumstance:
If the crime is committed with violence or
threats.
Actual Religious Ceremony Must be
Conducted
There must actually be a religious ceremony
being conducted on that occasion, either by
itself or in conjunction with some other activity
of the religious denomination. If the offense
was committed only in a meeting or rally of a
sect, it would be punishable under Art. 131.
[People v. Reyes, G.R. No. 13633 (1955)]
j. Article 133 - Offending
Religious Feelings
the
Elements [PD - NO]:
1. Acts complained of were performed
a. In a Place devoted to religious worship,
or
b. During the celebration of any religious
ceremony
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2. The acts must be Notoriously Offensive to
the feelings of the faithful
“Place devoted to religious worship” is
separated by the word “or” from “During
the Celebration”
If the acts were performed in the place of
worship, it is not necessary that there is a
religious ceremony going. Similarly, so long as
there is a “religious ceremony”, it need not be
celebrated in a place of worship. [REYES,
Book 2]
Acts Notoriously Offensive to Feelings
[RWP]:
1. Ridicules or makes light of anything
constituting religious dogma
2. Works or scoffs at anything devoted to
religious ceremonies
3. Plays with or damages or destroys any
object of veneration of the faithful [People v.
Baes, G.R. No. L-46000 (1939)]
Whether or not an act is offensive to the
religious feelings is a question of fact which
must be adjudged only according to the
feelings of the Catholics and not those of other
faithful ones. [Id]
Interruption of Religious Worship
Offending the Religious Feelings
Interruption of
Religious Worship
[Art. 132]
vs.
Offending the
Religious Feelings
[Art. 133]
As to the offender
Public officer or
employee
Any person, whether
a public officer or
private individual
[REGALADO]
CRIMINAL LAW
C. CRIMES AGAINST PUBLIC
ORDER [ARTS. 134 - 160]
1. Chapter I: Rebellion, Coup
d’etat,
Sedition,
and
Disloyalty
a. Article 134
Insurrection
-
Rebellion
or
Elements: [PA-PRD]
1. There is a Public uprising
2. There must be taking of Arms against the
government
3. The Purpose of the uprising or movement is
to:
a. Remove from the allegiance to the
government or its laws the Philippine
territory or any part thereof, or any body
of land, naval, or other armed forces; or
b. Deprive the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
The crime of rebellion is consummated
At the very moment a group of rebels rise
publicly and take arms against the government
for the purpose of overthrowing the same by
force. [REYES, Book 2]
Principle of Absorption
All crimes, whether punishable under special or
general law, which are mere components or
ingredients, or committed in furtherance
thereof, become absorbed in the crime of
rebellion and cannot be isolated and charged
as separate crimes themselves. [People v.
Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)]
The following does not constitute
Rebellion:
● Mere Silence or Omission [US v. Ravidas,
G.R. No. 1503 (1903)]
● Membership in a rebel organization does
not automatically qualify as rebellion. It must
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be conclusively demonstrated that criminal
acts were committed in furtherance of
rebellion [People v. Lovedioro, G.R. No.
112235 (1995)]
Rebellion v. Treason
Rebellion (Art. 134)
Treason (Art. 114)
The levying of war
against the
government during
peace time for any
purpose mentioned in
Art. 134
The levying of war was
meant to aid the
enemy; or if it would
also constitute
adherence to the
enemy, giving him aid
and comfort
Mere adherence to the
Always involves taking
enemy by giving aid
up arms against the
and comfort is
government.
sufficient
The purpose is merely
The purpose of levying
to substitute the
government with the
war is to help the
rebels’ own form of
enemy
government
Elements: [MSAS]
1. Offender is a person or persons belonging
to the Military or police or holding any public
office or employment;
2. It is committed by means of a Swift attack
accompanied by violence, intimidation,
threat, strategy or stealth;
3. The attack is directed Against the duly
constituted authorities of the Republic of the
Philippines, or any military camp or
installation,
communication
networks,
public utilities or other facilities needed for
the exercise and continued possession of
power;
4. The purpose of the attack is to Seize or
diminish state power.
As to who commits the swift attack:
● It may be committed Singly or Collectively
● It Requires as a principal offender a
member of the AFP, PNP, or a Public
officer with or without civilian support
Insurrection (Art. 138)
A movement seeking to
effect some change of
Object is to completely minor importance or to
prevent the exercise of
overthrow and
governmental authority
supplant the existing
with respect to
government
particular matters or
subjects
Rebellion v. Sedition
Rebellion (Art. 134)
b. Article 134-A - Coup d’État
c. Art 135 - Penalty for Rebellion,
Insurrection or Coup d’état
Rebellion v. Insurrection
Rebellion (Art. 134)
CRIMINAL LAW
Sedition (Art. 139)
There must be taking It is sufficient that the
up of arms against the public uprising be
government.
tumultuous.
The purpose is always The purpose may be
political.
political or social.
Persons liable for rebellion, insurrection or
coup d’état
1. The leaders: [PL]
o Rebellion or Insurrection - any person
who Promotes, maintains or heads a
rebellion or insurrection; or
o Coup d’etat - any person who Leads,
directs or commands others to undertake
a coup d’état
2. The participants: [PGSD]
o Rebellion or Insurrection - any person
who Participates or executes the
commands of others;
o Coup d’etat:
▪ Any person in the Government
service who participates or executes
directions or commands of others; or
▪ Any person not in the government
service who participates, Supports,
finances, abets or aids in undertaking
a coup d’état.
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o Rebellion, Insurrection or Coup d’etat
– If under the command of unknown
leaders, the following shall be Deemed
as leaders of the rebel: Those who
[DSS]:
a. Directed the others,
b. Spoke for others; or
c. Signed receipts and other documents
issued in their name, on behalf of the
rebels.
d. Article 136 - Conspiracy and
Proposal to Commit Coup d’état,
Rebellion or Insurrection
Punishable Acts:
1. Conspiracy to commit coup d’état, rebellion
or insurrection
2. Proposal to commit coup d’état, rebellion or
insurrection
Elements
Mode 1:
Conspiracy to
Commit Coup
d’etat, Rebellion or
Insurrection
[TD]
1. Two or more
persons come to
an agreement to
swiftly attack or
to rise publicly
and take arms
against the
Government for
any of the
purposes of
rebellion or
insurrection;
2. They Decide to
commit it.
Mode
2:
Proposal to Commit
Coup d’etat,
Rebellion or
Insurrection
[SP]
1. A person has
decided to Swiftly
attack or to rise
publicly and take
arms against the
Government for any
of the purposes of
rebellion or
insurrection;
CRIMINAL LAW
e. Article 137 - Disloyalty of Public
Officers or Employees
Elements: [P-CFDA]
1. Offender is a Public officer or employee;
2. Offender Commits any of the following acts:
a. Failing to resist a rebellion by all the
means in their power;
b. Continuing to Discharge the duties of
their offices under the control of the
rebels
c. Accepting appointment to office under
them.
The crime presupposes rebellion committed by
other persons. Offender must not be in
conspiracy with the rebels, otherwise, he is
himself guilty of rebellion. [REYES]
f. Article 138 - Inciting to Rebellion or
Insurrection
Elements: [AIM]
1. Offender does not take Arms or is not in
open hostility against the government;
2. He Incites others to the execution of any of
the acts of rebellion;
3. The inciting is done by Means of speeches,
proclamations, writings, emblems, banners
or other representations tending to the
same end.
NOTE: There is no crime of inciting to treason.
[REYES, Book 2]
Inciting to Rebellion v. Proposal to Commit
Rebellion
Proposal to Commit
Rebellion
Inciting to Rebellion
As to the Commission of Rebellion itself
2. Such person
Proposes its
execution to some
other person or
persons.
The offender induces another to commit
rebellion. Rebellion should not be actually
committed by the persons to whom it is
proposed or who are incited. Otherwise, they
become principals by inducement in the crime
of rebellion.
As to Decision to Commit the Rebellion
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CRIMINAL LAW
b. To prevent the national government or
The person who
There is no need that
proposes has decided the offender has
to commit rebellion.
decided to commit
rebellion.
any provincial or municipal government
or any public officer from Exercising its or
his functions, or prevent the execution of
an administrative order;
c. To Inflict any act of hate or revenge upon
the person or property of any public
officer or employee;
d. To commit, for any political or social end,
any act of hate or Revenge against
private persons or any social classes; or
e. To Despoil for any political or social end,
any person, municipality or province, or
the national government of all its
property or any part thereof.
As to How Committed
The person who
The act of inciting is
proposes the
done publicly.
execution of the crime
uses secret means.
g. Article 139 – Sedition
Elements: [PFP - PEIRD]
1. Offenders rise Publicly and tumultuously;
2. Offenders employ Force, intimidation, or
other means outside of legal methods;
3. Purpose is to attain any of the following
objects:
a. To prevent the Promulgation or
execution of any law or the holding of any
popular election;
Use of Unlicensed Firearm Absorbed
Under R.A. 8294 (Act Amending PD No. 1866
or the Firearms Law), sedition absorbs the use
of unlicensed firearm as an element thereof;
hence, it is not an aggravating circumstance,
and the offender can no longer be prosecuted
for illegal possession of firearm. [Boado,
Comprehensive Reviewer in Criminal Law]]
Sedition v. Rebellion v. Coup d’ Etat v. Treason
Sedition
Rebellion
Coup d’etat
(Art. 134)
(Art. 134-A)
(Art. 139)
As to the Nature of the Crime
Crime against Public Order
May be political or
social.
As to the Purpose
Always political; to
overthrow the
To seize or diminish
existing
state power
governmentAs to the Acts Committed
It is sufficient that
the public uprising
is tumultuous.
There must be
taking
up of arms against
the government.
There is a swift attack
accompanied by violence,
intimidation, threat,
strategy or stealth;
As to the Offender
Page 139 of 277
Treason
(Art. 114)
Crime against national
security and law of the
nations
To aid the Enemy
It is the violation by a
subject of his
allegiance
to his sovereign.
U.P. BOC
CRIMINAL LAW II
CRIMINAL LAW
Offender belongs to the
military or police or holding
any public office or
employment
There is no distinction as to who may
commit
There is no distinction
as to who may commit
As to Requirement of Public Uprising
Requires a public
and tumultuous
uprising
Requires a public
uprising, or
multitude of people
No Requirement, may be
carried out singly or
simultaneously
No Requirement
2. He Incites others to the accomplishment of
any of the acts which constitute sedition;
h. Art. 140 - Penalty for sedition
3. The inciting is done by Means of speeches,
Art. 140. Penalty for sedition. The leader of
a sedition shall suffer the penalty of prision
mayor in its minimum period and a fine not
exceeding 10,000 pesos.
Other persons participating therein shall
suffer the penalty of prision correccional in its
maximum period and a fine not exceeding
5,000 pesos. (Reinstated by E.O. No. 187).
i. Article 141 - Conspiracy to Commit
Sedition
Elements: [TD]
1. Two or more persons come to an
agreement and a decision to rise publicly
and tumultuously to attain any of the objects
of sedition;
2. They Decide to commit it.
NOTE: There is no proposal to commit
sedition. [REYES, Book 2]
j. Article 142 - Inciting to Sedition
Mode
1.
Inciting
others
to
the
accomplishment of any of the acts which
constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
Elements: [DIM]
1. Offender does not take Direct part in the
crime of sedition;
proclamations,
writings,
emblems,
cartoons,
banners,
or
other
representations tending towards the same
end.
Mode 2. Uttering seditious words or
speeches which tend to disturb the public
peace;
Mode 3. Writing, publishing, or circulating
scurrilous libels against the government or
any of the duly constituted authorities
thereof, which tend to disturb the public
peace.
Elements for Modes 2 and 3: [DU - DISL]
1. Offender does not take any Direct part in
the crime of sedition.
2. He Uttered words or speeches and writing,
publishing or circulating scurrilous libels
that:
a. Tend to Disturb or obstruct any lawful
officer in conducting the functions of his
office;
b. Tend to Instigate others to cabal and
meet together for unlawful purposes;
c. Suggest
or
incite
rebellious
conspiracies or riots; or
d. Lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
Words that tend to create a danger of public
uprising
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If the words used tend to create a danger of
public uprising, then those words could
properly be the subject of a penal clause.
[People vs. Perez, G.R. No. L-6025-26]
Crimes where Proposal to Commit is
Punishable [ReCIT]
1. Rebellion
2. Coup d’ etat
3. Insurrection
4. Treason
Crimes where Conspiracy is Punishable
[TRICS]
1. Treason
2. Rebellion
3. Insurrection
4. Coup d’etat
5. Sedition
Crimes where Inciting is Punishable [RIS]
1. Rebellion
2. Insurrection
3. Sedition
2. Chapter II: Crimes against
Popular Representation
SECTION 1. Crimes against Legislative
Bodies and Similar Bodies
a. Article 143 - Acts Tending to
Prevent the Meeting of the
Assembly and Similar Bodies
Elements: [MP]
1. There is a projected or actual Meeting of
Congress or any of its committees or
subcommittees, constitutional committees
or divisions thereof, or of any provincial
board or city or municipal council or board;
2. Offender, who may be any person, Prevents
such meetings by:
a. Force; or
b. Fraud
CRIMINAL LAW
b. Article 144
Proceedings
-
Disturbance
of
Elements: (CA-DB)
1. There is a meeting of Congress or any of its
committees
or
subcommittees,
constitutional commissions or committees
or divisions thereof, or of any provincial
board or city or municipal council or board;
2. Offender does any of the following Acts:
a. He Disturbs any of such meetings;
b. He Behaves while in the presence of any
such bodies in such a manner as to
interrupt its proceedings or to impair the
respect due it.
Preventing a Meeting (Art. 143) vs Art.
Disturbance of Proceeding (Art. 144)
Acts tending to
Disturbance of
prevent the meeting
Proceedings
(Art. 143)
(Art.144)
As to Purpose
Disturb the conduct
of a meeting
As to the Offender
Can be conducted by any person (no distinction
made)
Prevent the meeting
SECTION
2.
VIOLATION
PARLIAMENTARY IMMUNITY
c. Article
145
Violation
Parliamentary Immunity
OF
of
Two (2) Modes of Commission:
1. Using force against a member of Congress
2. Arrest or Search made while Congress is in
session
Mode 1: Using force, intimidation, threats,
or frauds to prevent any member of
Congress from attending the meetings of
Congress or of any of its committees or
subcommittees,
constitutional
commissions or committees or divisions
thereof, or from expressing his opinion or
casting his vote;
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Elements: [UP - AEC]
1. Offender Uses force, intimidation, threats
or fraud;
2. The Purpose of the offender is to prevent
any member of Congress from:
a. Attending the meetings of the Congress
or of any of its committees or
constitutional commissions;
b. Expressing his opinion; or
c. Casting his vote.
NOTE: The offender in mode 1 may be any
person.
Mode 2: Arresting or searching any member
thereof while Congress is in regular or
special session, except in case such
member has committed a crime punishable
under the Code by a penalty higher than
prision mayor.
Elements: [PACC]
1. Offender is a Public officer of employee;
2. He Arrests or searches any member of
Congress;
3. Congress, at the time of arrest or search, is
in regular or special session;
4. The member arrested or searched has not
committed a Crime punishable under the
Code by a penalty higher than prision
mayor.
Parliamentary Immunity
Members of Congress cannot be arrested for
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
while Congress is in session. They can be
prosecuted after Congress adjourns. [Art. VI,
Sec. 11, 1987 Constitution]
CRIMINAL LAW
Art. 145, Mode 1, Using force to prevent vs
Art. 143, Acts tending to prevent
Violation of
Parliamentary
Immunity
[Art. 145 (Mode 1)]
Acts Tending to
Prevent the
Meeting of
Assembly and
Similar Bodies
[Art. 143]
As to Act Punished
Using force,
intimidation, threats, or
frauds to prevent any
member of Congress
from attending the
meetings of Congress
or of any of its
committees or
subcommittees, etc.
The prevention of
the projected or
actual meeting of
congress, or any of
its committees or
actual committee,
etc.
3. Chapter III: Illegal Assemblies
and Associations
a. Article 146 - Illegal Assemblies
Two (2) Modes of Commission:
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Code
2. Meeting in which the audience is incited to
the commission of the crime of treason,
rebellion or insurrection, sedition, or direct
assault
Mode 1 vs. Mode 2
Mode 1:
For the purpose of
committing any
of the crimes
punishable under
the Code. [MAP]
Mode 2:
Audience is incited
to the commission of
the crime of treason,
rebellion or
insurrection,
sedition, or direct
assault [MAI]
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is
2. Meeting is
attended by Armed
attended by Any
persons
persons, whether
armed or not;
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U.P. BOC
3. Purpose of the
meeting is to
commit any of the
crimes punishable
under the Code.
CRIMINAL LAW II
3. Audience is Incited
to the commission
of the crime of
treason, rebellion
or insurrection,
sedition or direct
assault.
CRIMINAL LAW
As to Act Punished
What is punished are
the meeting and the
attendance therein
What is punished is the
act of forming or
organizing the
association
As to Persons Liable
Persons liable for illegal assembly:
a. The organizer or leaders of the meeting; or
b. Persons merely present at the meeting, who
must have a common intent to commit the
felony of illegal assembly.
a. organizers or
leaders of the
a. founders, directors,
meeting
president
b. persons present at b. members
the meeting
If any person present at the meeting carries
an unlicensed firearm, it will be presumed
that:
a. The purpose of the meeting is to commit
acts punishable under the RPC; and
b. He is considered a leader or organizer of the
meeting.
4. Chapter IV: Assault upon, and
Resistance and Disobedience
to Persons in Authority and
Their Agents
b. Article 147 - Illegal Associations
The following are illegal associations [CM]:
Associations totally or partially organized for:
1. The purpose of committing any of the
Crimes punishable under the Code;
2. Some purpose contrary to public Morals.
Persons liable:
Founders, directors and president of the
association;
Mere members of the association.
Public Morals – matters which affect the
interest of society and public convenience, not
limited to good customs [Black’s Law
Dictionary]
Illegal Assembly vs. Illegal Association
Illegal Assembly
(Art. 146)
Illegal Association
(Art. 147)
As to Requirement of Actual Meeting
There must be an
actual meeting or
assembly
a. Article 148 - Direct Assaults
Two (2) Modes of Commission:
1. Without public uprising, by employing force
or intimidation for the attainment of any of
the purposes enumerated in defining the
crimes of rebellion and sedition
2. Without public uprising, by attacking, by
employing force or by seriously intimidating
or by seriously resisting any person in
authority or any of his agents, while
engaged in the performance of official
duties, or on occasion of such performance.
Mode 1 vs. Mode 2
Mode 1.
For the attainment
of any of the
purposes of
rebellion and
sedition
[EAN]
1. Offender
Employs force or
intimidation
Actual meeting not
necessary
Page 143 of 277
Mode 2.
Acts against
any person in
authority or any of
his agents
[AAPKN]
1. Offender makes an
Attack, employs
force, makes a
serious
intimidation, or
makes a serious
resistance
U.P. BOC
CRIMINAL LAW II
2. The Aim of the
offender is to
attain any of the
purposes of the
crime of rebellion
or any of the
objects of the
crime of sedition
2. The person
assaulted is a
person in Authority
or his agent;
3. At the time of the
assault, the person
in authority or his
agent is engaged in
the actual
Performance of
NOTE: This is
official duties, or
tantamount to
that he is assaulted
rebellion or sedition,
by reason of the
except that there is
past performance
no public uprising.
of official duties
4. Offender Knows
that the one he is
assaulting is a
person in authority
or his agent in the
exercise of his
duties.
3./5.There is No public uprising
Under Mode 2
Classifications of direct assault [SQ]:
1. Simple assault.
2. Qualified assault.
Qualifying Circumstances [WP-LH]:
1. There is a Weapon employed in the attack
2. The offender is a Public officer
3. The offender Lays Hands on a public
authority
“Person-in-Authority”
Any person directly vested with jurisdiction,
whether as an individual or as a member of
some court or governmental corporation,
board, or commission, shall be deemed a
person in authority.
See: Article 152 for the enumeration of persons
in authority and agents of such persons in
authority
Public Officer Not in Authority
If the public officer is not a person in authority,
the assault on him is an aggravating
CRIMINAL LAW
circumstance in Art. 14, no. 3 (rank). There
must be, however, intent to disregard the
victim’s rank. [BOADO]
b. Article 149 - Indirect Assaults
Elements: (FAU)
1. A person in authority or his agent is the
victim of any of the Forms of direct assault
defined in Article 148;
2. A person comes to the Aid of such authority
or his agent;
3. Offender makes Use of force or intimidation
upon such person coming to the aid of the
authority or his agent.
NOTES: Indirect assault presupposes that
direct assault was committed.
c. Article 150 - Disobedience to
summons issued by the National
Assembly, its Committees or
Subcommittees, or divisions
Acts Punishable: [OSARI]
Mode 1:
By refusing, without legal
excuse, to Obey summons of Congress, its
special
or
standing
committees
and
subcommittees,
the
Constitutional
Commissions
and
its
committees,
subcommittees or divisions, or by any
commission or committee chairman or member
authorized to summon witnesses;
Mode 2: By refusing to be Sworn or placed
under affirmation while being before such
legislative or constitutional body or official;
Mode 3: By refusing to Answer any legal
inquiry or to produce any books, papers,
documents, or records in his possession, when
required by them to do so in the exercise of
their functions;
Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
body;
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Mode 5: By Inducing disobedience to a
summons or refusal to be sworn by any such
body or official.
d. Article 151 - Resistance and
Disobedience to a Person in
Authority or the Agents of Such
Person.
Mode 1 vs. Mode 2
Mode 1:
Resistance and
Serious
Disobedience
[PRI]
1. A person in
authority or his
agent is engaged
in the
Performance of
official duty or
gives a lawful
order to the
offender
2. Offender Resists
or seriously
disobeys such
person in
authority or his
agent
3. The act of the
offender is not
Included in the
provision of
Articles 148, 149
and 150.
Mode 2:
Simple
disobedience
[ADS]
a. An Agent of a
person in
authority is
engaged in the
performance of
official duty or
gives a lawful
order to the
offender
b. Disobeys such
agent of a person
in authority
c. Such
disobedience is
not of a Serious
nature.
Resistance and Serious Disobedience
The accused must have knowledge that the
person giving the order is a peace officer. [US
v. Bautista, supra.]
CRIMINAL LAW
Serious Disobedience v. Direct Assault
Serious
Disobedience
(Art.151)
Direct Assault
(Art. 148)
Person in authority or
his agent must be in
actual performance of
his duties
Person in authority or
his agent must be
engaged in the
performance of official
duties or he is
assaulted by reason of
the past performance
of official duties
Committed only by
Committed in two
resisting or seriously
modes (see Art. 148,
disobeying a person in
Mode 2 above)
authority or his agent
Use of force in
resistance is not so
serious
There is force
employed
e. Article 152 - Persons in authority
and agents of persons in authority
Persons in Authority
Persons, whether an individual or as a member
of some court or government corporation,
directly vested with jurisdiction, power and
authority to govern and execute the laws.
Examples:
1. Barrio captain
2. Barangay Chairman
3. Municipal mayor
4. President of sanitary division
5. Provincial fiscal
6. Teachers and Professors
7. Those charged with the supervision of
public or duly recognized private schools,
colleges and universities
Agent of Person in Authority
Person charged with: (1) the maintenance of
public order, and (2) the protection and security
of life and property.
Examples:
1. Barrio Captain
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2.
3.
4.
5.
CRIMINAL LAW II
Barrio Councilman
Barrio Policeman
Barangay Leader
Any person who comes to the aid of a
person in authority
CRIMINAL LAW
Prohibition of Peaceful
Tumultuous Disturbance
5. Chapter V: Public Disorders
Prohibition,
Interruption and
Dissolution of
Peaceful Meetings
(Art. 131)
Offender is a public
officer, who is NOT a
participant (Stranger)
a. Article 153 - Tumults and Other
Disturbances of Public Order
Acts Punishable: [SIODB]
Mode 1: Causing any Serious disturbance in a
public place, office or establishment.
Mode 2: Interrupting or disturbing
performances, functions or gatherings, or
peaceful meetings, if the act is not included in
Arts. 131 (prohibition, interruption and
dissolution of peaceful meetings) and 132
(interruption of religious worship).
Mode 3: Making any Outcry tending to incite
rebellion or sedition in any meeting,
association or public place.
Mode 4: Displaying placards or emblems
which provoke a disturbance of public order in
such place;
Mode 5: Burying with pomp the body of a
person who has been legally executed.
Qualifying Circumstance:
If the disturbance or interruption caused is of a
tumultuous character.
● Tumultuous – if caused by more than three
(3) persons who are armed or provided with
means of violence
Meetings
vs.
Tumultuous
Disturbance (Art.
153)
Offender is a
private individual
who is NOT a
participant
(stranger)
Inciting to Sedition or Rebellion v. Mode 3
of Art. 153
Inciting to Sedition
or Rebellion (Art.
131)
Mode 3 (Art. 153)
As to the manner of commission
May be done through
speech or writing
Done only through
speech (outcry)
As to intent
Done with intent to
induce the hearers or
readers to commit the
crime of rebellion or
sedition
More of
unconscious
outburst which is
not intentionally
calculated to
induce others to
commit such
crimes
As to the Nature of the Speeches
Involved
The nature of the speeches in both acts are
either rebellious or seditious
b. Article 154 - Unlawful Use of Means
of Publication and Unlawful
Utterances
Punishable Acts: [FDMP]
Mode 1: Publishing or causing to be published,
by means of printing, lithography or any other
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means of publication, as news any False news
which may endanger the public order, or cause
damage to the interest or credit of the State.
Mode 2: Encouraging Disobedience to the law
or to the constituted authorities or praising,
justifying or extolling any act punished by law,
by the same means or by words, utterances or
speeches.
Mode 3: Maliciously publishing or causing to
be published any official document or
resolution without proper authority, or before
they have been published officially.
Mode 4: Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printer’s name, or which are classified as
anonymous.
NOTE: Actual public disorder or actual damage
to the credit of the State is not necessary. The
mere possibility of causing such danger or
damage is sufficient [REYES, Book 2].
c. Article 155 - Alarms and Scandals
Punishable Acts: [DIDC]
Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive within any town
or public place, calculated to cause (which
produces) alarm or danger;
Mode 2: Instigating or taking an active part in
any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
Mode 3: Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusements.
Mode 4: Causing any disturbances or scandal
in public places while intoxicated or otherwise,
provided Art. 153 (tumults and other
disturbances of public order) is not applicable.
● Under Art. 153, disturbance must be of a
serious nature.
CRIMINAL LAW
Note: “Calculated to cause” should be “which
produces” alarm and danger according to the
correct translation of the RPC. Hence, the
result, and not the intent, that counts. [REYES,
Book 2]
d. Article 156 - Delivering Prisoners
from Jail
Elements: [CR]
1. There is a person Confined in a jail or penal
establishment; and
2. Offender Removes therefrom such person
or helps the escape of such person.
Consent or connivance necessary to hold
public officer guilty:
It is necessary that the public officer had
consented to, or connived in, the escape of the
prisoner under his custody or charge. [Alberto
v. Dela Cruz, G.R. No. L-31839 (1980)]
Officer must not be the custodian of the
prisoner
If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner under
Art. 223.
If three persons are involved, the crimes
committed are as follows:
1. Conniving with or Consenting to Evasion
(Art. 223) – committed by a public officer
who is in custody or charge of the prisoner
2. Delivering Prisoners from Jail (Art. 156) –
committed by the stranger who helped in the
escape
3. Evasion of service of sentence (Art. 157) –
committed by the prisoner who escaped
6. Chapter VI: Evasion
Service of Sentence
of
Evasion of Service of Sentence vs. Evasion
of Service of Sentence on the Occasion of
Calamities vs. Other Cases of Evasion
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Evasion of
Other
Service of
Evasion of
Cases of
Sentence on
Service of
Evasion
the Occasion
Sentence
(Art. 159)
of Calamities
(Art. 157)
(Art. 158)
As to the Offender
Convicted by
final
judgment
Convicted by
Convict
and is
final judgment
who was
deprived of
and is
granted
liberty (need
confined in a
conditional
not be
penal
pardon
confined.
institution
e.g.,
destierro)
As to Circumstances Surrounding the
Evasion
Escapes
during the
Escapes
occasion of
Violated the
during the
disorders,
terms of his
term of his
conflagrations conditional
imprisonmen
,
pardon
t
earthquakes,
or other
calamities
As to the Harm Inflicted
Does not
infringe on
the right of
another
An attempt at least to evade
person nor
the penalty inflicted by the
does it
courts upon criminals and
disturb the
thus defeats the purpose of
public
the law of either reforming or
order;
punishing them for having
merely an
disturbed the public order.
infringemen
t of the
stipulated
terms
Nature of Offenses
CRIMINAL LAW
Evasion of service of sentence is a continuing
offense [Parulan v. Director of Prisons, G.R.
No. L-28519 (1968)].
a. Article 157 - Evasion of Service of
Sentence
Elements: [CSE]
1. Offender is a Convict by final judgment;
2. He is Serving sentence which consists in
the deprivation of liberty;
3. He Evades service of his sentence by
escaping during the term of his
imprisonment.
Qualifying circumstances as to penalty
imposed if such evasion or escape takes
place: [EBPC]
1. By means of unlawful Entry (this should be
by scaling [Reyes]);
2. By Breaking doors, windows, gates, walls,
roofs or floors;
3. By using Picklock, false keys, disguise,
deceit, violence or intimidation; or
4. Through Connivance with other convicts or
employees of the penal institution.
Applicable to Destierro
One who, sentenced to destierro by virtue of
final judgment, and prohibited from entering the
City of Manila, enters said city within the period
of his sentence, is guilty of evasion of sentence
under Article 157. [People v. Abilong, supra]
b. Article 158 - Evasion of Service of
Sentence on the Occasion of
Disorders,
Conflagrations,
Earthquakes, or Other Calamities
Elements: [CC-DEESM-EF]
1. Offender is a Convict by final judgment, who
is confined in a penal institution;
2. There is Disorder, resulting from –
a. Conflagration;
b. Earthquake;
c. Explosion;
d. Similar catastrophe; or
e. Mutiny in which he has not participated;
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3. He Evades the service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder
or during the mutiny;
4. He Fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity.
Failure to Return
Leaving the penal establishment is not the
basis of criminal liability. What is punished is
the failure to return within 48 hours after the
passing of the calamity, conflagration or mutiny
had been announced.
Effect of Surrendering within 48 hours
Convicts who shall give themselves up to the
authorities within 48 hours from the issuance of
a proclamation, shall be entitled to the
deduction provided for under Art. 98 (one -fifth
of the period of his sentence).
c. Article 159 - Other Cases of
Evasion of Service of Sentence
Elements: [CGV]
1. Offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Violated any of the conditions of such
pardon.
Conditional Pardon
A contract between the Chief Executive, who
grants the pardon, and the convict, who
accepts it. Since it is a contract, the pardoned
convict is bound to fulfill its conditions and
accept all its consequences according to its
strict terms. [People v. Pontillas, G.R. No. L45267 (1938)]
Guilty of a Subsequent Offense
Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159. [Torres v. Gonzales, G.R. No.
76872 (1987)]
CRIMINAL LAW
7. Chapter VII: Commission of
Another Crime During Service
of Penalty Imposed for
Another Previous Offense
a. Article 160 - Commission of
another crime during service of
penalty imposed for another
previous offense - Penalty
Elements: [CN]
1. Offender was already Convicted by final
judgment of one offense;
2. He committed a New felony before
beginning to serve such sentence or while
serving the same.
Pardon. Pardon is to be given to a convict who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years;
and
3. Has already served out his original
sentence or if he completing it after reaching
such age
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency
Quasi-recidivism
A special aggravating circumstance where a
person, after having been convicted by final
judgment, shall commit a new felony before
beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by
law for the new felony. [People vs. Bernal, G.R.
No. 44988 (1936)]
As to the act committed
The first crime for which the offender is serving
sentence need not be a felony. [People v.
Peralta, G.R. No. L-19069 (1968)]
The word “another” does not mean that the new
felony be different from the one for which the
offender is serving sentence [People v. Yabut,
58 Phil. 499 (1933)]
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Quasi-Recidivism
Reiteracion
vs.
Offense
Recidivism
vs.
Nature
The 2 offenses need not be
Quasiembraced in the same title of
Recidivism
the Code
There was a 2nd conviction for
Recidivism an offense embraced in the
same title of the Code
Offender has been previously
punished of:
1. One (1) offense – to which
the law attaches equal or
greater penalty; or
2. Two (2) offenses – to
Reiteracion
which the law attaches
lighter penalty
Offenses
need
not
be
embraced in the same title of
the Code.
See: Discussion under Multiple Offenders for
detailed discussion
D. CRIMES AGAINST PUBLIC
INTEREST [Arts. 161-187]
1. Chapter I: Forgeries
SECTION 1. FORGING THE SEAL OF THE
GOVERNMENT
OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR STAMP OF
THE CHIEF EXECUTIVE
CRIMINAL LAW
Acts Punished [SSS]:
Forging the:
1. Great Seal of the Government of the
Philippines;
2. Signature of the President; or
3. Stamp of the President.
Forgery
Falsely making or materially altering, with
intent to defraud, any writing which, if genuine,
might apparently be of legal efficacy or the
foundation of a legal liability. [Black’s Law
Dictionary]
b. Article 162 – Using Forged
Signature or Counterfeit Seal or
Stamp
Elements: [SKU]
1. The Great Seal of the Republic was
counterfeited or the signature or stamp of
the Chief Executive was forged by another
person;
2. Offender Knew of the counterfeiting or
forgery; and
3. He Used the counterfeit seal or forged
signature or stamp.
NOTE: Offender under this article should not
be the forger. Otherwise, he will be penalized
under Article 161. The participation of the
offender is in effect that of an accessory.
[REYES, Book 2]
Although the general rule is that he should be
punished by a penalty of two degrees lower,
under Article 162 he is punished by a penalty
only one degree lower. [Id.]
1. Acts of Counterfeiting
SECTION 2. COUNTERFEITING COINS
a. Article 161 – Counterfeiting the
Great Seal of the Government of
the Philippine Islands, Forging the
Signature or Stamp of the Chief
Executive
c. Article 163 – Making and Importing
and Uttering False Coins
Elements: [FMC]
1. There be False or counterfeited coins;
2. Offender either Made, imported or uttered
such coins;
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CRIMINAL LAW
In case of uttering such false or
counterfeited coins, he Connived with the
counterfeiters or importers.
“Mutilation” means to take off part of the metal
either by filling it or substituting it for another
metal of inferior quality. [REYES, Book 2]
Kinds of Coins Covered by the Crime
1. Silver coins of the Philippines or coin of the
Central Bank (CB);
2. Coins of minor coinage of the Philippines
or CB; or
4. Coin of the currency of a foreign country
[REYES, Book 2]
Foreign coins are not covered in this article.
[Id.]
3.
“To utter”
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them
away. A counterfeited coin is uttered when it is
paid, when the offender is caught counting the
counterfeited coins preparatory to the act of
delivering them, even though the utterer may
not obtain the gain he intended [Decisions of
the Supreme Court of Spain]
To import is to bring into port
To import fake coins means to bring them into
port. The importation is complete before entry
at the Customs House. [US v. Lyman, 26 Fed.
Cas. 1024 (1818)]
Punishable regardless of whether or not it
is in official circulation
The reason behind this is not only the harm that
it may cause to the public in case it goes into
circulation again, but also the possibility that
the counterfeiter may later apply his trade to
the making of coins in actual circulation.
[People v. Kong Leon, C.A., 48 O.G. 664]
Elements of Importing or Uttering Mutilated
Coins: [IC]
1. Offender Imported or uttered mutilated
coins; and
2. In case of uttering, the offender must have
Connived with the mutilator or importer
PD 247: Prohibiting and Penalizing
Defacement, Mutilation, Tearing, Burning or
Destruction of Central Bank Notes and
Coins
It shall be unlawful for any person to willfully
deface, mutilate, tear, burn or destroy, in any
manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
e. Article 165 – Selling of False or
Mutilated
Coin,
without
Connivance
Acts Punished:
1. Possession of coin, counterfeited or
mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated; or
2. Actually uttering such false or mutilated
coin, knowing the same to be false or
mutilated.
d. Article 164 – Mutilation of Coins
Acts Punished [MI]
1. Mutilating coins of the legal currency; or
2. Importing or uttering such mutilated coins
Elements of Mutilation: [LG]
1. Coin mutilated is of Legal tender; and
2. Offender Gains from the precious metal
dust abstracted from the coin
Page 151 of 277
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CRIMINAL LAW II
CRIMINAL LAW
Mode 1 vs. Mode 2
Requirement of Legal Tender
Mode 1:
Possession with
intent to utter false
or mutilated coin
Mode 2: Actually
uttering such false
or mutilated coin
Elements: [PIK]
1. Possession of
counterfeited or
mutilated coin;
2. With Intent to
utter; and
3. With Knowledge
of such defect/s.
Elements: [UK]
1. Actually Uttering
such false or
mutilated coin;
and
2. With Knowledge
of such defect/s.
Coins must
be silver
coins of the
Phil. or CB,
or coin of
minor
coinage or
currency of a
foreign
country
Making and
Importing
and Uttering
[Art. 163]
Mutilating
[Art. 164]
Selling of
False or
Mutilated
Coin
[Art. 165]
That a false
or
counterfeited
coin is made,
imported or
uttered
That a coin
is mutilated,
or that such
mutilated
coin is
imported or
uttered
That coin is
counterfeited
or mutilated
or actually
uttered
As to Foreign Coins
Counterfeitin
g of foreign
currency is
punishable
Mutilating
foreign coins
is not
punishable
under this
article
There must
be
connivance
with the
counterfeiter
s or
importers
Counterfeitin
g of foreign
currency is
punishable
There must
be
connivance
with the
mutilator or
importer in
case of
uttering
No
requirement
of
connivance
in case of
uttering
SECTION 3. FORGING TREASURY OR
BANK
NOTES,
ONLIGATIONS
AND
SECURITIES; IMPORTING AND UTTERING
FALSE OR FORGED NOTES, OBLIGATIONS
AND SECURITIES
f.
Punishable Acts
Not required
to be legal
tender
Requirement of Connivance in case of
Uttering
Constructive Possession
Possession prohibited in this article is not only
actual and physical possession, but also that of
a constructive one, or the subjection of the
thing to one’s control. The possessor should
not be the counterfeiter, mutilator or importer of
the coins. [REYES, Book 2]
Making and Importing and Uttering vs.
Mutilating
Must be of
legal tender
Article 166 – Forging Treasury or
Bank Notes or Other Documents
Payable to Bearer; Importing and
Uttering Such False or Forged
Notes and Documents
Elements: [B-FImU]
1. There is an instrument payable to Bearer;
and
2. The offender commits any of the following
acts:
a. Forged or falsified a treasury or bank
note or a document payable to bearer;
b. Imported such false or forged
obligations or notes; or
c. Uttered such false or forged obligations
or notes in connivance with the forgers
or importers.
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CRIMINAL LAW II
“Forging” – By giving any treasury or bank
note, or any instrument payable to bearer, or to
order the appearance of a true and genuine
document. [REYES, Book 2]
“Falsification” – By erasing, substituting,
counterfeiting or altering by any means, the
figures, letters, words, or signs contained
therein. [Id.]
When Payable to Bearer: [N.I.L.]
1. When expressed to be so payable
2. When payable to a person named therein
or bearer
3. When payable to the order of a fictitious or
non-existing person, and such fact was
known to the person making it so payable
4. When the name of the payee does not
purport to be the name of any person
5. When the only or last endorsement is an
endorsement in blank.
g. Article 167 – Counterfeiting,
Importing,
and
Uttering
Instruments Not Payable to Bearer
Elements: [OFC]
1. There is an Instrument payable to Order or
other document of credit not payable to
bearer;
2. Offender either Forged, imported or
uttered such instrument; and
3. In case of uttering, he Connived with the
forger or importer.
When Payable to Order
An instrument is payable to order where it is
drawn payable to the order of a specified
person or to him or his order. [N.I.L]
2. Acts of Forgery
h. Article 168 – Illegal Possession
and Use of False Treasury or Bank
Notes and Other Instruments of
Credit
CRIMINAL LAW
Elements: [N-KUPo]
1. Any treasury or bank Note or certificate or
other obligation and security:
a. There is an instrument payable to
bearer, to order or other document of
credit not payable to bearer;
b. Said instrument is forged or falsified by
another person;
2. Offender Knows that any of those
instruments is forged or falsified; and
3. He either –
a. Uses any of such forged or falsified
instruments; or
b. Possesses the same, with intent to use
Presumption of Material Author
The rule is that if a person had in his
possession a falsified document and he made
use of it, taking advantage of it and profiting
thereby, the presumption is that he is the
material author of the falsification. [People v.
Sendaydiego, G.R. No. L-33254 (1978)]
i. Article 169 – How Forgery is
Committed
Acts punished [GE]
1. By Giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a
true and genuine document; or
2. By Erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein.
Forgery
includes
falsification
counterfeiting. [REYES, Book 2]
and
Possession and Knowledge
Possession of genuine treasury notes of the
Philippines, any of “the figures, letters, words
or signs contained” in which had been erased
and/or altered, with knowledge of such erasure
and alteration, and with the intent to use such
notes in enticing another to advance funds for
the avowed purpose of financing the
manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168 in
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relation to Art. 166 (1). [Del Rosario v. People,
G.R. No. L-16806 (1961)]
How Forgery May be Committed
Forgery can be committed through the use of
genuine paper bills that have been withdrawn
from circulation, by giving them the
appearance of some other true and genuine
document. [People v. Galano, C.A. 54 O.G.
5899]
SECTION
4.
FALSIFICATION
OF
LEGISLATIVE, PUBLIC, COMMERCIAL,
AND
PRIVATE
DOCUMENTS
AND
WIRELESS, TELEGRAPH AND TELEPHONE
MESSAGES
3. Acts of Falsification
j. Article 170 – Falsification
Legislative Documents
of
Elements: [BAACh]
1. There is a Bill, resolution or ordinance
enacted or approved or pending approval
by either House of the Legislature or any
provincial board or municipal council;
2. Offender Alters the same;
3. He has no proper Authority; and
4. Alteration has Changed the meaning of the
documents.
Falsification v. Forgery
Forgery [Art. 169]
Falsification [Art.
170]
As used in Article
169, forgery refers to
the falsification and
counterfeiting of
treasury or bank
notes or any
instruments payable
to bearer or to order
The commission of
any of the 8 acts
mentioned in Article
171 on legislative
(only the act if making
alteration) or public or
official, commercial or
private documents or
wireless or telegraph
messages.
CRIMINAL LAW
k. Article 171 – Falsification by Public
Officer, Employee or Notary or
Ecclesiastical Minister
Elements: [PAF - CApAUDMAI]
1. Offender is a Public officer, employee, or
notary public;
2. He takes Advantage of his official position;
and
3. He Falsifies a document by committing any
of the following acts:
a. Counterfeiting
or
imitating
any
handwriting, signature or rubric;
b. Causing it to Appear that persons have
participated in any act or proceeding
when they did not in fact so participate;
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them;
d. Making Untruthful statements in a
narration of facts;
e. Altering true Dates;
f. Making any alteration or intercalation in
a genuine document which changes its
Meaning;
g. Issuing in an Authenticated form:
● A document purporting to be a
copy of an original document
when no such original exists,
or
● Including in such a copy a
statement contrary to, or
different from, that of the
genuine original; and
h. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book.
Ecclesiastical Minister’s Liability
The ecclesiastical minister is liable with respect
to any record or document that its falsification
may affect the civil status of persons [REYES,
Book 2]].
Offender Takes Advantage of his Official
Position When:
1. He has the duty to make or prepare, or
intervene in the preparation of the
document; or
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U.P. BOC
2.
CRIMINAL LAW II
He has the official custody of the
document he falsifies. [Id.]
Document
A document is any written statement by which
a right or status is established or an obligation
is extinguished. [Id.]
Par. 1: Counterfeiting or imitating any
handwriting, signature or rubric. [Id.]
Acts Punished: [CI]
1. Counterfeiting - imitating any handwriting,
signature or rubric; or
a. There should be an intent to imitate, or
an attempt to imitate
b. Two signatures, the genuine and the
forged,
should
bear
some
resemblance.
2. Imitating (Feigning) - simulating a
signature, handwriting or rubric out of one
which does not actually exist.
Par. 2: Causing it to appear that persons
have participated in any act or proceeding
when they did not in fact so participate. [Id.]
Elements: [AN]
1. Offender caused it to Appear in a
document that a person/s participated in an
act or proceeding.
2. Such person/s did Not in fact participate.
Par. 3: Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them [Id.]
Elements: [PSA]
1. Person/s Participated in an act or
proceeding
2. Such person/s made Statements in that act
or proceeding; and
3. Offender, in making a document, Attributed
to such person/s statements other than
those they in fact made.
CRIMINAL LAW
Elements: [D-OFW]
1. Offender makes in a Document statements
in a narration of facts
2. He has a legal Obligation to disclose truth
of facts
3. Facts narrated are absolutely False; and
4. Perversion of truth in the narration was
made with the Wrongful intent of injuring a
third person.
Narration of Facts Required
There must be narration of facts, not
conclusion of law. [Beradio v. CA, G.R. Nos. L49483-86 (1981)] The person making the
narration of facts must be aware of the falsity
of the facts narrated by him. [REYES, Book 2]
Falsification by Omission
There can be falsification by omission. An
assistant bookkeeper is guilty of falsification by
intentionally not putting a record in his personal
account of chits and destroying them so he
could avoid paying the same. [People v. Dizon,
G.R. No. 144026 (2006)]
Par. 5: Altering true dates [Id.]
Elements: [DA]
1. Date must be essential
2. Alteration of the date must affect the
veracity of the documents or the effects
thereof (such as dates of birth, marriage, or
death).
NOTE: This pertains to alteration of a true date
(not a non-existent date). An example would be
the alteration of dates on official receipts to
prevent discovery of malversation. [Typoco Jr
v. People, G.R. Nos. 221857 & 222020 (2017)]
Date Must be Essential
Falsification under this paragraph only when
the date mentioned in the document is
essential. The alteration of the date or dates in
a document must affect either the veracity of
the document or the effects thereof. [REYES,
Book 2]
Par. 4: Making untruthful statements in a
narration of facts [Id.]
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CRIMINAL LAW II
Date of Birth, Marriage and Death are
Essential
The dates of birth, marriage and death are
essential, because without them the
documents "cannot produce any legal effect.
[id.]
Par. 6: Making any alteration or
intercalation in a genuine document which
changes its meaning [Id.]
Elements: [A-GAF]
1. There be an Alteration (change) or
intercalation (insertion) on a document.
2. It was made on a Genuine document.
3. Alteration or intercalation has changed the
meaning of the document.
4. Change made the document speak
something False.
Change or Insertion Must Affect the
Integrity of the Document
Change or insertion must affect the integrity or
effects of the document. Furthermore, the
alteration should make the document speak
something false. Otherwise, it would merely be
a correction. [REYES, Book 2]
Par 7: Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such a copy a
statement contrary to, or different from, that
of the genuine original [Id.]
Persons Liable
1. Custodian - Authentication of a document
can only be made by the custodian or the
one who prepared and retained a copy of
the original.
a. Purporting to be a copy of the original
when no such original exists.
b. Including in a copy a statement
contrary to, or different from, that of the
genuine original.
2. Private Person - a private person who
cooperates with a public officer in the
falsification of a public document is guilty of
the crime and incurs the same liability and
penalty. [id.]
CRIMINAL LAW
Par. 8. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
Pars. 1 to 5
May be a genuine
(later falsified) or an
entirely fabricated
document
l.
Pars. 6 to 8
There must be a
genuine document
Article 172 – Falsification by
Private Individual and Use of
Falsified Documents
Types of Documents:
Public Document – a document created,
executed or issued by a public official in
response to the exigencies of the public
service, or in the execution of which a public
official intervened. [US v. Asensi, G.R. No.
11165 (1916)]
Official Document – a document which is
issued by a public official in the exercise of the
functions of his office. [Id.]
Commercial Document – any document
defined and regulated by the Code of
Commerce or any other commercial law. They
are used by merchants or businesspersons to
promote or facilitate trade or credit
transactions. [Malabanan v. Sandiganbayan,
G.R. Nos. 186329, 186584, 198598 (2017)]
Mode 1: Falsification of public, official or
commercial document by a private
individual
Elements: [NoFaDo]
1. Offender is a Private individual or Public
officer or employee who did Not take
advantage of his official position;
2. He committed any act of Falsification (Art.
171);
3. The falsification was committed in a public,
official, or commercial Document or letter
of exchange.
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CRIMINAL LAW
Mode 2: Falsification of private document
by any person
document through negligence or imprudence.
[REYES, Book 2]
Elements: [F-eII-PD]
1. Offender committed any of the acts of
Falsification except Article 171(7), that is:
a. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such
original exists, or
b. Including in such a copy a statement
contrary to, or different from, that of the
genuine original;
2. Falsification was committed in any Private
document;
3. Falsification causes Damage to a third
party or at least the falsification was
committed with intent to cause such
damage.
Exceptions: In case of public and
commercial documents: The existence of a
wrongful intent to injure a third person is not
necessary when the falsified document is a
public document. [Siquian v. People, supra.]
Mode 3: Use of falsified document
Presumption
The possessor of a falsified document is
presumed to be the author of the falsification.
[People v. Manansala, G.R. No. L-38948
(1933)]
Elements in introducing in a judicial
proceeding [KFI]
1. Offender Knew that the document was
falsified by another person;
2. The False document is in Articles 171 or
172 (1 or 2);
3. He Introduced said document in evidence
in any judicial proceeding.
Elements in use in any other transaction
[KEUD]
1. Offender Knew that a document was
falsified by another person;
2. False document is Embraced in Articles
171 or 172 (1 or 2);
3. He Used such document;
4. The use caused Damage to another or at
least used with intent to cause damage.
If the document is intended by law to be part of
the public or official record, the falsification,
although it was private at the time of
falsification, is regarded as falsification of a
public or official document [REYES, Book 2]
This statement applies as well to commercial
documents, because as to this kind of
document, a credit is sought to be protected.
[REYES, Book 2]
Prescription
In the crime of falsification of a public
document, the prescriptive period commences
from the time the offended party had
constructive notice of the alleged forgery after
the document was registered with the Register
of Deeds [People v. Villalon, G.R. No. 43659
(1990)]
Falsification by
Falsification by
Public Officer,
Private Individual
Employee or Notary and Use of Falsified
or Ecclesiastical
Documents [Art.
Minister [Art. 171]
172]
As to Offender
Wrongful Intent Not Required in Public
Documents
General Rule: Wrongful intent is required in
falsification of private documents. Falsification
through imprudence implies lack of such intent,
thus there is no crime of falsification of a private
Committed by any
public officer,
employee, or notary
Page 157 of 277
Committed by any
private individual, or
any person who
commits such
punishable acts.
As to Acts Committed
U.P. BOC
Acts involve
falsification of
documents by
CAAUDMAI (See:
Art. 171 discussion).
CRIMINAL LAW II
Acts involve
falsification of
documents by
CAAUDMAI (See:
Art. 171 discussion).
Documents falsified
may pertain to: Any
public or official
document, or letter of
exchange, or
commercial
documents
m. Article 173 – Falsification of
Wireless, Cable, Telegraph and
Telephone Messages, and Use of
Said Falsified Messages
Mode 1: Uttering fictitious
telegraph or telephone message
wireless,
Elements: [UO]
1. Offender is an Officer or employee of the
government or an officer or employee of a
private corporation, engaged in the service
of sending or receiving wireless, cable or
telephone message; and
2. He Utters fictitious wireless, cable,
telegraph or telephone message.
Mode 2: Falsifying wireless, telegraph or
telephone message
Elements: [SF]
1. Offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the Service
of sending or receiving wireless, cable or
telephone message; and
2. He Falsifies wireless, cable, telegraph or
telephone message.
Mode 3: Using such falsified message
Elements: [KUR]
1. Offender Knew that wireless, cable,
telegraph, or telephone message was
falsified by an officer or employee of the
government or an officer or employee of a
CRIMINAL LAW
private corporation engaged in the service
of sending or receiving wireless, cable or
telephone message;
2. He Used such falsified dispatch; and
3. The use Resulted in the prejudice of a third
party or at least there was intent to cause
such prejudice.
Employee of a Corporation
A private individual cannot be a principal by
direct participation in falsification of telegraphic
dispatches under Article 173, unless he is an
employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages. But a
private individual can be held criminally liable
as principal by inducement. [REYES, Book 2]
SECTION 5. FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
OR SERVICE AND THE LIKE
n. Article 174 – False Medical
Certificates, False Certificates of
Merits of Service, Etc.
Persons liable [Ph-PO-Pr]
1. Physician or surgeon - issues a false
certificate in connection with the practice
of his profession (it must refer to the illness
or injury of a person);
2. Public Officer - issues a false certificate of
merit of service, good conduct or similar
circumstances; or
3. Private person - falsifies a certificate
falling within the classes mentioned in the
two preceding subdivisions.
o. Article 175
Certificates
–
Using
False
Elements: [IKU]
1. False certificate was Issued by the
following:
a. Physician or surgeon issues a false
Medical certificate, in connection with
the practice of his profession;
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b. Public officer issues a false certificate
of Merit of service, good conduct or
similar circumstances;
c. Private Person falsifies a certificate
falling within the 2 preceding
subdivisions.
2. Offender Knows that the certificate was
false;
3. He Uses the same
SECTION
6.
MANUFACTURING,
IMPORTING
AND
POSSESSION
OF
INSTRUMENTS
OR
IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
p. Article 176 – Manufacturing and
Possession of Instruments or
Implements for Falsification
Acts punished: [MII]
1. Making or Introducing into the Philippines
any stamps, dies, marks, or other
instruments
or
implements
for
counterfeiting or falsification; or
2. Possession with Intent to use the
instruments
or
implements
for
counterfeiting or falsification made in or
introduced into the Philippines by another
person.
Constructive Possession
As in Article 165, the possession contemplated
here is constructive possession. The
implements confiscated need not form a
complete set. [REYES, Book 2]
2. Chapter II: Other Falsities
SECTION 1. USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
NAMES, UNIFORMS AND INSIGNIA
a. Article 177 – Usurpation
Authority or Official Functions
of
Mode 1: Usurpation of Authority (no
connection with the office represented)
CRIMINAL LAW
Elements: [KO]
1. Offender Knowingly and falsely represents
himself;
2. As an Officer, agent or representative of
any department or agency of the Philippine
government or of any foreign government.
The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient. It is not necessary that he perform an
act pertaining to a public officer. [REYES, Book
2]
Mode 2: Usurpation of Official Functions.
(excess of authority)
Elements: [PAP-WiL]
1. Offender Performs any act;
2. Act pertains to any person in Authority or
public officer of the Philippine government
or any foreign government, or any agency
thereof;
3. Under Pretense of official position;
4. Without being Lawfully entitled to do so.
In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public
officer, in addition to other requirements.
[REYES, Book 2]
Good Faith as Defense
In prosecutions for usurpation of official
functions, good faith is recognized as a
defense. [Ruzol v. Sandiganbayan, G.R. Nos.
186739-960] Good faith is a state of mind
denoting honesty of intention and freedom from
knowledge of circumstances which ought to put
the holder upon inquiry. [Tiongco v. People
G.R. Nos. 218709-10]
b. Article 178 – Using Fictitious and
Concealing True Name
Mode 1: Using Fictitious Name
Elements: [NaP-CED]
1. Offender uses a Name other than his real
name;
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2. He uses the fictitious name Publicly;
3. Purpose of use is to:
a. Conceal a crime;
b. Evade the execution of a judgment; or
c. Cause Damage
Damage Must be to Public Interest
If the purpose is for causing damage, it must be
damage to public interest. If it is damage to
private interest, the crime will be estafa under
Art 315 2(a). [REYES, Book 2]
Mode 2: Concealing True Name
Elements: [CoP]
1. Offender Conceals his true name and other
personal circumstances;
2. Purpose is only to conceal his identity.
Use of Fictitious Name vs. Concealment of
True Name
Use of Fictitious
Concealing True
Name
Name
Element of Publicity
Publicity not
necessary
Purpose is to conceal Merely to conceal
a crime, evade
identity.
execution of
judgment, cause
damage)
c. Article 179 – Illegal
Uniforms and Insignia
Use
of
Elements: [Us-ON-I]
1. Offender makes Use of insignia, uniforms
or dress;
2. The insignia, uniforms or dress pertains to
an Office Not held by such person or a
class of persons of which he is not a
member;
3. Said insignia, uniform or dress is used
publicly and Improperly.
NOTE: Wearing the uniform of an imaginary
office is not punishable [REYES, Book 2].
CRIMINAL LAW
Intent to Deceive
General Rule: The offender must make use of
insignia, uniforms or dresses with intent to
deceive.
Exceptions: Intent is not necessary under:
1. RA No. 492 – punishes the wearing of
insignia, badge or emblem of rank of the
members of the AFP. [Sec. 2]
2. RA No. 75 – punishes the unauthorized
wearing of any naval, military, police or
other official uniform, decoration or regalia
of a foreign State or one nearly resembling
the same, with intent to deceive or mislead.
[Sec. 3]
3. EO No. 297 – punishes the illegal
manufacture, sale, distribution and use of
PNP uniforms, insignias and other
accoutrements.
SECTION 2. FALSE TESTIMONY
d. Article 180 – False Testimony
Against a Defendant
Elements: [P-TKA]
1. There is a criminal Proceeding;
2. Offender Testifies falsely under oath
against the defendant therein;
3. Offender Knows that it is false;
4. Defendant against whom the false
testimony is given is either Acquitted or
convicted in a final judgment.
Liability of Witness
Witness who gave the false testimony is liable
even if his testimony was not considered by the
court. [REYES, Book 2]
Finality of Judgment
Complainant must wait for the finality of
judgment in the case where the false testimony
was given because the penalty for the violation
of Art. 180 depends upon the penalty imposed
by the court in the case of the defendant,
wherein the false testimony was given.
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Rule: Defendant must be sentenced to at least
a correctional penalty or a fine, or must be
acquitted.
Hence, when the accused is sentenced by
arresto menor, he shall not be liable for false
testimony [REYES, Book 2].
e. Article 181 – False Testimony
Favorable to the Defendant
Elements: [GFC]
1. A person Gives false testimony;
2. In Favor of the defendant;
3. In a Criminal case.
Testimony need not be Beneficial to the
Defendant
The testimony need not be beneficial to the
defendant. It is not necessary that the
testimony should directly influence the decision
of acquittal, it is sufficient that it was given with
the intent to favor the accused. [REYES, Book
2]
f. Article 182 – False Testimony in
Civil Cases
Elements: [FaC-RK-KMI]
1. False testimony is given in a Civil case;
2. Testimony Relates to the issues
presented in said case;
3. Offender Knows that testimony is false;
4. Testimony is Malicious; and
5. It was given with an Intent to affect the
issues in said case.
Suspension of Criminal Action
Pending the determination of the falsity of the
subject testimonies in the civil case, the
criminal action for false testimony must be
suspended. [REYES, Book 2]
g. Article 183 – False Testimony in
Other Cases and Perjury in Solemn
Affirmation
Acts Punished [TM]
1. Falsely Testifying under oath; or
CRIMINAL LAW
2. Making a false affidavit.
NOTE: The false testimony should not be in a
judicial proceeding. [Diaz v. People, G.R. No.
L-65006 (1990)]
Perjury
Perjury is a crime other than false testimony
under Arts. 180 to 182; it is an offense which
covers false oaths not taken in the course of
judicial proceedings. [US v. Estraña, G.R. No.
5751 (1910)]
Elements of Perjury: [MaBe-WiRe]
1. Offender Makes a statement under oath or
executes an affidavit upon a material
matter;
2. Statement or affidavit is made Before a
competent officer, authorized to receive
and administer oaths;
3. Offender makes a Willful and deliberate
assertion of a falsehood in the statement or
affidavit;
4. The sworn statement or affidavit containing
the falsity is Required by law; made for a
legal purpose.
Oath – Any form of attestation by which a
person signifies that he is bound by conscience
to perform an act faithfully and truthfully.
[REYES, Book 2]
Affidavit – sworn statement in writing;
declaration in writing, made upon oath before
an authorized magistrate or officer. [Id]
No Perjury through Negligence or
Imprudence
This is because of the requirement that the
assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice
is a defense in perjury. [Id]
Subornation of Perjury
Subornation of perjury is committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty of perjury as a principal by
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inducement. [US v. Ballena, 18 Phil. 382
(1912)]
Material vs. Relevant vs. Pertinent [REYES]
Material
Relevant
Pertinent
Directed to
Tends in any
prove a fact in reasonable
issue
degree to
establish
probability or
improbability
of a fact in
issue
Concerns
collateral
matters which
make more or
less probable
the
proposition at
issue
NOTE: There is no perjury if the sworn
statement is not important, essential or
material. [US v. Jurado, G.R. No. 10719
(1915)]
Perjury
[Art. 183]
Statement is made
before a competent
officer, under oath.
Untruthful
Statements in a
Narration of Facts
[Art. 171 par. 4]
Statement is made in
a document, in a
narration of facts.
h. Article 184 – Offering
Testimony in Evidence
False
Elements: [OK-Ma]
1. Offender Offers in evidence a false
witness or testimony;
2. He Knows that the witness or the
testimony was false;
3. The offer was Made in any judicial or
official proceeding.
CRIMINAL LAW
3. Chapter III: Frauds
SECTION 1. MACHINATIONS,
MONOPOLIES AND COMBINATIONS
a. Article 185 – Machinations in
Public Auctions
Crime is Consummated by: [SA]
1. Mere Solicitation of gift or promise as
consideration for not bidding, or
2. By mere Attempt to cause prospective
bidders to stay away from an auction.
Mode 1:
Soliciting Gifts or
Promises
Mode 2:
Attempting to cause
bidders to stay away
by threats, gifts,
promises or any
other artifice
1. There is a Public auction
2. Offender Solicits
any gift or a
promise from any
of the bidders
2. Offender Attempts
to cause the
bidders to stay
away from that
public auction
3. Such gift or
3. It is done by
promise is the
Threats, gifts,
Consideration for
promises or any
his refraining from
other artifice
taking part in that
public auction
4. Offender has the Intent to cause the
reduction of the price of the thing
auctioned.
Offer of Evidence
Offer of evidence begins at the moment a
witness is called to the stand and interrogated
by counsel. The witness must testify. [Rules of
Court, Rule 132]
b. Article 186 – Monopolies and
Combinations in Restraint of Trade
NOTE: This article has been repealed by the
Philippine Competition Act, which was signed
into law on July 21, 2015.
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SECTION 2. FRAUDS IN COMMERCE AND
INDUSTRY
c. Article 187 – Importation and
Disposition of Falsely Marked
Articles or Merchandise Made of
Gold, Silver, or other Precious
Metals or their Alloys
Elements: [Im-FaK]
1. Offender Imports, sells or disposes of any
of those articles or merchandise (i.e. gold,
silver, other precious metals or their
alloys)
2. The stamps, brands, or marks of those
articles of merchandise Fail to indicate the
actual fineness or quality of said metals or
alloys
3. Offender Knows of such failure to indicate
the actual fineness or quality of the metals
or alloys
Article 187 does not apply to the manufacturer
of misbranded articles – he would be liable for
estafa under Art. 315(2)(b). [REYES, Book 2]
E. CRIMES RELATIVE TO OPIUM
AND
OTHER
PROHIBITED
DRUGS [Arts. 190 to 194]
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002 (R.A. 9165, AS AMENDED BY
RA 10640)
NOTE: R.A. No. 9165, as amended by RA
10640 has repealed Book Two, Title V (Crimes
Relative to Opium and Other Prohibited Drugs)
of the RPC.
Definition of Terms:
1. Dangerous Drugs (DD) - Those listed in
the schedules annexed to the:
a. 1961 Single Convention on Narcotic
Drugs, as amended by the 1972
Protocol; and
b. 1971
Single
Convention
on
Psychotropic
Substances
as
enumerated in the attached annex
CRIMINAL LAW
which is an integral part of this Act.
[Sec. 3(j), RA 9165]
2. Controlled Precursors and Essential
Chemicals (CP & EC) - Include those
listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as
enumerated in the attached annex, which
is an integral part of this Act. [Sec. 3(h), RA
9165]
3. Drug Syndicate - Any organized group of
two (2) or more persons forming or joining
together with the intention of committing
any offense prescribed under this Act.
[Sec. 3(o), RA 9165]
4. Financier - Any person who pays for,
raises or supplies money for, or
underwrites any of the illegal activities
prescribed under this Act. [Sec. 3(q), RA
9165]
5. Protector or Coddler - Any person who
knowingly and willfully consents to the
unlawful acts provided for in this Act and
uses his/her influence, power or position in
shielding,
harboring,
screening
or
facilitating the escape of any person he/she
knows, or has reasonable grounds to
believe on or suspects, has violated the
provisions of this Act in order to prevent the
arrest, prosecution and conviction of the
violator. [Sec. 3(ee), RA 9165]
6. Pusher - Any person who sells, trades,
administers, dispenses, delivers or gives
away to another, on any terms whatsoever,
or distributes, dispatches in transit or
transports dangerous drugs or who acts as
a broker in any of such transactions, in
violation of this Act. [Sec. 3(ff), RA 9165]
ACTS PUNISHABLE UNDER RA 9165:
1. Sale,
Trading,
Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
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CRIMINAL LAW
and/or Controlled Precursors and
Essential Chemicals [Sec. 5, RA 9165]
himself/herself
unless
administered by a duly
licensed practitioner for
purposes of medication.
[Sec. 3(a), RA 9165]
Punishable Acts [ST-A-DiDeDi-T]:
Acts
Sale of DD
and/or
CP/EC [PP]
Trading
Elements/Definition
There must be:
● Proof
that
the
transaction or sale
took place; and
● Presentation in court
of the corpus delicti
or illicit drug as
evidence [People v.
Turemutsa, G.R. No.
227497, (2019)]
Transactions
involving
the illegal trafficking of
dangerous drugs and/or
controlled
precursors
and essential chemicals
using
electronic
devices such as, but not
limited to, text messages,
email,
mobile
or
landlines,
two-way
radios, internet, instant
messengers and chat
rooms or acting as a
broker in any of such
transactions whether for
money or any other
consideration in violation
of this Act. [Sec. 3(jj), RA
9165]
Administrating Any act of introducing
any dangerous drug
into the body of any
person, with or without
his/her knowledge, by
injection,
inhalation,
ingestion or other means,
or of committing any act
of
indispensable
assistance to a person in
administering
a
dangerous drug to
Dispensation
Any act of giving away,
selling or distributing
medicine
or
any
dangerous drug with or
without the use of
prescription. [Sec. 3(m),
RA 9165]
Delivery
Any act of knowingly
passing a dangerous
drug
to
another,
personally or otherwise,
and by any means, with
or without consideration.
[Sec. 3(k), RA 9165]
Distribution
Transportation
-
NOTE: In the Illegal sale of DD and/or CP/EC,
presentation of the buy-bust money is not
indispensable to the prosecution of a drug case
[People v. Martin, G.R. No. 193234, (2011)]
Maximum Penalty is Imposed [100 - UVF]:
a. If the illegal activities transpire within 100
meters from a school [Sec. 5 (3), RA 9165];
b. Using minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade [Sec. 5 (4), RA 9165];
c. If the Victim of the offense is a minor or a
mentally incapacitated individual, or should
a dangerous drug and/or a controlled
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precursor and essential chemical involved
in any offense herein provided be the
proximate cause of death of a victim
thereof [Sec. 5 (5), RA 9165];
d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal
activities. [Sec. 5 (6), RA 9165];
2. Possession of Dangerous Drugs [Sec.
11, RA 9165]
Elements: [PNF]
a. The accused is in Possession of an item or
object, which is Identified to be prohibited
or regulated drug
b. Such possession is Not authorized by law;
and
c. The accused Freely and consciously
possessed the drug [People v. Trinidad,
G.R. No. 199898, (2014) citing People v.
Quiamanlon, G.R. No. 191198 (2011)]
Constructive Possession
Exists when the drug is under the dominion and
control of the accused or when he has the right
to exercise dominion and control over the place
where it is found. [id.]
NOTE: Exclusive possession or control is not
necessary. [id.]
Presumption of Possession
When prohibited and regulated drugs are found
in a house or other building belonging to and
occupied by a particular person, the
presumption arises that such person is in
possession of such drugs in violation of law,
and the fact of finding the same is sufficient to
convict [People v. Torres, G.R. No. 170837,
(2006)]
Possession is Absorbed in the Sale of DD
Possession of prohibited or dangerous drugs is
absorbed in the sale thereof [People v.
Posada, G.R. No. 196052, (2015)]
CRIMINAL LAW
Committed by a person apprehended or
arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test
[Sec. 15, RA 9165]
NOTE: Section 15 shall not be applicable
where the person tested is also found to have
in his/her possession such quantity of any
dangerous drug provided for under Section 11
of this Act (Possession of Dangerous Drugs),
in which case the provisions stated therein
shall apply [id.]
Confirmatory Test
An analytical test using a device, tool or
equipment with a different chemical or physical
principle that is more specific which will
validate and confirm the result of the screening
test. [Sec. 3 (f), RA 9165]
Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender
Under the Influence of Dangerous Drugs
Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of
dangerous drugs shall be a qualifying
aggravating circumstance in the commission of
a crime by an offender, and the application of
the penalty provided for in the Revised Penal
Code shall be applicable [Sec. 25, RA 9165]
OTHER PUNISHABLE ACTS:
1. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals [Sec. 4, RA 9165]
2. Maintenance of a Den, Dive or Resort.
[Sec. 6, RA 9165]
Den, Dive or Resort
A place where any dangerous drug and/or
controlled
precursor
and
essential
chemical is administered, delivered, stored
for illegal purposes, distributed, sold or
used in any form. [Sec. 3(l), RA 9165]
3. Use of Dangerous Drugs [Sec. 15, RA
9165]
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3. Employees and Visitors of a Den, Dive
or Resort. [Sec. 7, RA 9165]
Acts Punished: [EV]
1. Employment in a den, dive or resort, by an
employee who is aware of the nature of the
place as such; and
2. Visiting of any person, not being included
in (1), who is aware of the nature of the
place as such and shall knowingly visit the
same.
Employee of a Den, Dive or Resort
The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner
and/or operator where any dangerous drug
and/or controlled precursor and essential
chemical
is
administered,
delivered,
distributed, sold or used, with or without
compensation, in connection with the operation
thereof [Sec. 3(p), RA 9165]
4. Manufacturing Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. [Sec. 8, RA 9165]
Manufacturing
The production, preparation, compounding or
processing of any DD and/or CP and EC, either
directly or indirectly or by extraction from
substances of natural origin, or independently
by means of chemical synthesis or by a
combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or
relabeling of its container [Sec 3(u), RA 9165]
Exception: Does not include the preparation,
compounding, packaging or labeling of a drug
or other substances by a duly authorized
practitioner as an incident to his/her
administration or dispensation of such drug in
the course of his/her professional practice
including research, teaching and chemical
analysis of dangerous drugs or such
substances that are not intended for sale or for
any other purpose. [id.]
CRIMINAL LAW
Presence of CP and/or EC as Prima Facie
Evidence
The presence of any controlled precursor and
essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. [Sec.
8(3), RA 9165]
Aggravating Circumstances [Sec. 8(3), RA
9165]
If the clandestine laboratory is undertaken or
established under the following circumstances
[M-100-BCE]:
a. Any phase of the manufacturing process
was conducted in the presence or with the
help of Minor/s;
b. Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
c. Any clandestine laboratory was secured or
protected with Booby traps;
d. Any Clandestine laboratory was concealed
with legitimate business operations; or
e. Any Employment of a practitioner, chemical
engineer, public official or foreigner.
5. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals.
[Sec. 9, RA 9165]
Chemical Diversion
The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured
or procured controlled precursors and essential
chemicals, in diluted, mixtures or in
concentrated form, to any person or entity
engaged in the manufacture of any dangerous
drug,
and
shall
include
packaging,
repackaging,
labeling,
relabeling
or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front
companies or mail fraud. [Sec. 3(d), RA 9165]
6. Manufacturing
or
Delivering
of
Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals. [Sec. 10, RA 9165]
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7. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs. [Sec. 12, RA 9165]
Possession of such Equipment as Prima
Facie Evidence of Use
The
possession
of
such
equipment,
instrument, apparatus and other paraphernalia
fit or intended for any of the purposes
14. enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has
smoked,
consumed,
administered
to
himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have
violated Section 15 (Use of Dangerous Drugs)
of this Act. [Sec. 12 (2), RA 9165]
8. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings.
[Sec. 13, RA 9165]
Any person found possessing any dangerous
drug during a party, or at a social gathering or
meeting, or in the proximate company of at
least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act
(Possession of Dangerous Drugs), regardless
of the quantity and purity of such dangerous
drugs [id.]
9. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings or in the
proximate company of at Least 2 People
[Sec. 14, RA 9165]
10. Cultivation
or Culture of Plants
Classified as Dangerous Drugs or are
Sources Thereof. [Sec. 16, RA 9165]
11. Failure in Maintaining and Keeping of
Original Records of Transactions on
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals in
Accordance with Sec. 40 of RA 9165
[Sec. 17, RA 9165]
CRIMINAL LAW
12. Unnecessary Prescription of Dangerous
Drugs. [Sec. 18, RA 9165]
The practitioner who unnecessarily prescribed
the dangerous drugs will have his/her license
to practice revoked [id.]
13. Unlawful Prescription of Dangerous
Drugs. [Sec. 19, RA 9165]
“Planting" of any dangerous drug
and/or controlled precursor
and
essential chemical, regardless of
quantity and purity [Sec. 29, RA 9165]
“Planting” of Evidence
The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any
overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor
and essential chemical in the person, house,
effects or in the immediate vicinity of an
innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this Act. [Sec. 3
(cc), RA 9165]
Immunity from Prosecution [Sec. 33]
Any person shall be exempted from
prosecution or punishment for the offense with
reference to which his/her information of
testimony were given, and may plead or prove
the giving of such information and testimony in
bar of such prosecution, when the person:
[VIT]
1. Violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act:
2. Voluntarily gives Information about;
a. Any violation of Sections 4, 5, 6, 8, 10,
13, and 16, Article II of this Act as well
as any violation of the offenses
mentioned if committed by a drug
syndicate, or
b. Any information leading to the
whereabouts, identities and arrest of all
or any of the members thereof;
3. Who willingly Testifies against such
persons;
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Conditions which must concur in order for
the person to enjoy Immunity from
Prosecution:
[NN-CMC]
1. The information and testimony are
Necessary for the conviction of the persons
described above;
2. Such information and testimony are Not yet
in the possession of the State;
3. Such information and testimony can be
Corroborated on its material points;
4. the informant or witness has not been
previously convicted of a crime involving
Moral turpitude, except when there is no
other direct evidence available for the State
other than the information and testimony of
said informant or witness; and
5. The informant or witness shall strictly and
faithfully Comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity
from
prosecution
and
punishment. [Sec. 33(1-5), RA 9165]
NOTE: The above provision operates in spite
of the provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165]
Immunity may be Enjoyed by a Witness
Who Does Not Appear to be the Most Guilty
Immunity may be enjoyed by an informant or
witness who does not appear to be most guilty
for the offense with reference to which his/her
information or testimony were given.
Provided, there is no direct evidence available
for the State except for the information and
testimony of the said informant or witness. [id.]
Termination of the Grant of Immunity
The immunity granted to the informant or
witness shall not attach: [Sec. 34, RA 9165]
1. Should it turn out subsequently that the
information and/or testimony is false or
made only for the purpose of harassing or
in any way prejudicing the persons
described in the preceding Section.
2.
CRIMINAL LAW
In case an informant or witness under this
Act fails or refuses to testify without just
cause, and when lawfully obliged to do so,
or should he/she violate any condition
accompanying such immunity as provided
above.
NOTE: In case the informant or witness
referred to under this Act falls under the
applicability of this Section hereof, such
individual cannot avail of the provisions under
Article VIII of this Act (Program for Treatment
and Rehabilitation of Drug Dependents). [Sec.
34(3), RA 9165]
CHAIN OF CUSTODY RULE [SEC. 21, R.A.
9165, AS AMENDED BY RA 10640]
Chain of Custody
The duly recorded authorized movements and
custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs
or laboratory equipment of each stage, from
the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
presentation in court for destruction.
[Dangerous Drugs Board Resolution No. 1,
Series of 2002, Implementing RA 9165, Sec.
1(b)]
Procedure [Sec. 21, 9165, as amended by RA
10640]
PDEA shall take charge and have custody of
all dangerous drugs, plant sources of DDs,
CPs
and
ECs,
as
well
as
instruments/paraphernalia and/or laboratory
equipment
confiscated,
seized
and/or
surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
1. Apprehending team having initial custody
shall conduct a physical Inventory of the
seized items and Photograph the same in:
a. The presence of the accused or the
person/s from whom such items were
confiscated and/or seized; or
b. His/her representative or counsel, with:
i.
An elected public official; and
ii.
Representative of the National
Prosecution Service or the
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media who shall be required to
sign the copies of the inventory
and be given a copy thereof.
Place of Conducting Inventory and
Photograph
a. Place where the search warrant is
served; or
b. Nearest police station; or
c. Nearest office of the apprehending
officer/team, whichever is practicable,
in case of warrantless seizures.
2. Submit items confiscated within 24 hours to
the PDEA Forensic Laboratory for a
qualitative or quantitative examination;
3. Certification of the forensic laboratory
examination results, shall be issued
immediately upon the receipt of the subject
item/s.
Partial Laboratory Examination Report –
allowed to be issued provisionally when the
volume of the items do not allow the
completion of testing within the time frame,
stating the quantities of dangerous drugs
still to be examined by the forensic
laboratory: Provided, a final certification
shall be issued immediately upon
completion of the said examination and
certification;
4. Filing of a criminal case in court;
5. After the filing, the Court shall, within 72
hours, conduct an ocular Inspection of the
confiscated, seized and/or surrendered
items;
6. PDEA, within 24 hours, shall thereafter
proceed with the destruction or burning of
the items, in the presence of the following:
a. Accused or representative or counsel;
and
b. Representative from:
i.
Media;
ii.
DOJ,
iii.
Civil society groups; and
iv.
Any elected public official.
CRIMINAL LAW
7. Sworn Certification shall be issued by the
Dangerous Drugs Board, as to the fact of
destruction or burning of the items. A
representative sample, however, shall be
submitted to the court having jurisdiction
over the case.
8. After the Promulgation and judgment in the
criminal case, the representative sample,
with leave of court and after informing the
board of the termination of the case, the
prosecutor shall request the turn over of
the representative sample to the PDEA for
proper disposition and destruction within
24 hours from receipt.
LAPSES IN PROCEDURE
Minor Lapses
Failure of the apprehending team to strictly
comply with the procedure laid out in Section
21 of RA 9165 and its IRR does not ipso facto
render the seizure and custody over the items
as void and invalid. [People v. Lim, G.R. No.
223556, (2017)]
Two Conditions that Must be Complied with
To Justify a Minor Procedural Lapse
The prosecution must satisfactorily prove that:
1. There is Justifiable ground for noncompliance; and
2. The integrity and evidentiary value of the
seized items are properly Preserved. [id.]
Unjustified Failure to Comply Results to the
Acquittal of the Accused
Unjustified failure of the authorities to comply
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti. [People v. Gaa, G.R. No. 222559, (2018)]
Rationale: suffices to rebut the presumption of
regularity in the performance of official duties,
acquitting the accused from liability. [id.]
PLEA BARGAINING
Section 23 of Republic Act No. 9165 is
declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court
[Estipona v. Lobrigo, G.R. No. 226679, (2017)]
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NOTE: The SC, in the exercise of its rulemaking power, has issued OCA Circular 902018 (May 4, 2018) to enjoin the courts to
comply with AM No. 18-03-16 (Adoption of the
Plea Bargaining Framework in Drugs Cases).
F. CRIMES
AGAINST
PUBLIC MORALS
1. Chapter
Betting
I:
Gambling
and
a. ANTI-GAMBLING LAW (PD. 1602
as amended by RA 9287 [ANTIILLEGAL
NUMBERS
GAMES
LAW])
NOTE: Articles 195-199 of the RPC, R.A. 3063
(Horse
racing
Bookies),
P.D.
449
(Cockfighting), P.D. 483 (Game Fixing), P.D.
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306
(Jai-Alai Bookies) and other City and Municipal
Ordinances or gambling which are inconsistent
with this decree are hereby repealed [Sec. 3,
PD 1602]
Gambling
Gambling is any game or scheme, whether
upon chance or skill, wherein wagers
consisting of money, articles or value or
representative of value are at stake or made
[REYES, Book 2]
ACTS PUNISHED: [TaP-PoM-BaS]
Note: Article 195, which enumerates the acts
punishable, has been wholly repealed by Sec.
1, PD 1602.
1. Taking part, directly or indirectly, in any
illegal or unauthorized activities or games
of:
a. Cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
b. Cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;
CRIMINAL LAW
d. Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
e. Paik que, high and low, mahjong,
domino and other games using plastic
tiles and the likes;
f. Slot machines, roulette, pinball and
other mechanical contraptions and
devices;
g. Dog racing, boat racing, car racing and
other forms of races;
h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
fixing, point shaving and other
machinations;
i. Banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or
made;
2. Knowingly Permitting any form of gambling
referred to in the preceding subparagraph
to be carried on in an inhabited or
uninhabited place or in any building, vessel
or other means of transportation owned or
controlled by him.
Qualifying Circumstance: If the place
where the illegal gambling is carried on has
a reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
government building or barangay hall, a
higher penalty will be imposed [Sec.
1(a)(1), PD 1602]
3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner
used in the mentioned games of lotteries
and numbers which have taken place or
about to take place, knowingly and without
lawful purpose in any hour of any day.
4. Maintaining or conducting above gambling
schemes.
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CRIMINAL LAW
Maintainer, Manager or Operator
Any person who maintains, manages or
operates any illegal number game in a
specific area from whom the coordinator,
controller or supervisor, and collector or
agent take orders. [Sec. 2(i), RA 9287]
Informer’s Reward
Any person who shall disclose information that
will lead to the arrest and final conviction of the
malefactor shall be rewarded 20% of the cash
money or articles of value confiscated or
forfeited. [Sec. 3, PD 1602]
Conductor
A person who sets up and furnishes the
means with which to carry on the gambling
game or scheme. [REYES, Book 2]
Lottery
It is a scheme for the distribution of prizes by
chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize [U.S. v. Filart, G.R. No.
10263, (1915)]
Qualifying Circumstance: If the maintainer,
conductor or banker of said gambling
schemes is a government official, or where
such government official is the player,
promoter, referee, umpire, judge or coach,
the official shall be temporarily absolutely
disqualified and higher penalty will be
imposed [Sec. 1(c), PD 1602]
5. Failing to abate illegal gambling or take
action in connection therewith by a
Barangay official who has knowledge of
the existence of a gambling house or place
in his jurisdiction.
6. Any Security officer, security guard,
watchman, private or house detective of
hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling
activities are being held.
Spectators are Not Liable in Gambling
A mere bystander or spectator in a gambling
game is not criminally liable because he does
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905)
Playing for Money is Not an Essential
Element
When the law names the games, punishing any
person who take part therein, its purpose is to
prohibit absolutely those games regardless
whether or not money is involved [REYES,
Book 2]
Elements: [CCP]
1. Consideration;
2. Chance; and
3. Prize or some advantage or inequality in
amount or values which is in the nature of
a prize [Uy v. Palomar, G.R. No. L-23248,
(1969)]
No Lottery when there is Full Value of
Money
There is no lottery when there is full value for
money and the prize is merely incidental, this
is because the player obtains full value of his
money.
b. INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES (PD
9287)
Illegal Numbers Game
Any form of illegal gambling activity which uses
numbers or combinations thereof as factors in
giving out jackpots. [Sec. 2(a), RA 9287]
Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who participates
in any illegal numbers game who: [BS-VCCMFC]
1. Acts as a Bettor;
2. Acts as a Personnel or Staff of an illegal
numbers game operation;
3. Allows his Vehicle, house, building or land
to be used in the operation of the illegal
numbers games;
4. Acts as a Collector or agent;
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5. Acts as a Coordinator, controller or
supervisor;
6. Acts as a Maintainer, manager or operator;
7. Acts as a Financier or capitalist; and
8. Acts as protector or Coddler.
Possession of Gambling Paraphernalia as
Prima Facie evidence
Possession of any gambling paraphernalia and
other materials used in the illegal numbers
game operation shall be deemed prima facie
evidence of any offense covered by this Act.
[id.]
c. Article 196 – Importation, Sale and
Possession of Lottery Tickets and
Advertisements
Acts Punished: [IPSS]
1. Importing into the Philippines from any
foreign place or port any lottery ticket or
advertisement;
2. Possessing, knowingly and with intent to
use, lottery tickets or advertisements;
3. Selling or distributing the same in
connivance with the importer; and
4. Selling or distributing the same without
connivance with the importer [REYES,
Book 2]
Presumption of Intent
The possession of any lottery ticket or
advertisement is prima facie evidence of an
intent to sell, ditribute or use the same [Art. 196
(3), RPC]
Lottery Tickets Need Not be Genuine
It is not necessary that the lottery tickets be
genuine, as it is enough that they be given the
appearance of lottery tickets [U.S. vs. Reyes,
G.R. 7260, (1912)]
CRIMINAL LAW
d. Article 197 – Betting in Sports
Contests (Repealed by PD 483)
PENALIZING BETTING, GAME
FIXING OR POINT-SHAVING
AND
MACHINATIONS
IN
SPORT CONTESTS (PD 483)
Prohibited Acts
Game-fixing, point-shaving, machination, as
defined in the preceding section, in connection
with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jaialai", "sipa", "pelota" and all other sports
contests, games or races; as well as betting
therein except as may be authorized by law
[Sec. 2, PD 483]
Betting
Betting money or any object or article of value
or representative of value upon the result of
any game, races and other sports contest.
[Sec. 1(a), PD 483]
Game-fixing
Any arrangement, combination, scheme or
agreement by which the result of any game,
races or sports contests shall be predicted
and/or known other than on the basis of the
honest playing skill or ability of the players or
participants. [Sec. 1(b), PD 483]
Point-shaving
Any such arrangement, combination, scheme
or agreement by which the skill or ability of any
player or participant in a game, races or sports
contests to make points or scores shall be
limited deliberately in order to influence the
result thereof in favor of one or other team,
player or participant therein. [Sec. 1(c), PD
483]
Game-machinations
Any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sport contest.
[Sec. 1(d), PD 483]
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Offenders Punished [Sec. 3, PD 483]: [OOG]
1. An Official, such as promoter, referee,
umpire, judge, or coach in the game, race
or sports contests, or the manager or
sponsor of any participating team,
individual or player therein, or participants
or players in such games, races or other
sports contests;
2. Any other Offender;
3. An official or employee of any Government
office or agency concerned with the
enforcement or administration of laws and
regulations on sports.
e. Article 198 – Illegal Betting On
Horse Races [Repealed by Act.
309, as amended by RA 983]
Acts Punished: [BM]
1. Betting on horse races during the periods
not allowed by law; and
2. Maintaining or employing a totalizer or
other device or profit therefrom, during
periods not allowed by law.
Games and Amusements Board
The supervision and regulation of horse-races
in the Philippines shall be vested in a
Commission on Races (now called the Games
and Amusements Board) [RA 309, as
amended by RA 983]
Totalizer
A Machine for registering and indicating the
number and nature of bets made on horse
races. [id.]
CRIMINAL LAW
Days When Horse Racing is Allowed vs.
Days when Horse Racing is NOT Allowed
[RA 309 Sec. 4, as amended by Sec. 1, RA.
983]
Days When Horse
Racing is Permitted
[SSH - IRVTF]
Days When Horse
Racing is Not
Permitted
[JD-VTF]
1. Sundays
not
reserved by the
Commission;
2. 24 Saturdays as
determined by the
Commission; and
3. Legal Holidays,
except:
a.
Independence
Day;
b. Rizal Day;
c. Registration or
Voting day;
d. Holy Thursday;
and
e. Good Friday
1. July 4th of each
year [RA 137]
2. December 30
of each year
[RA 229]
3. Any registration
or Voting day
[RA 180]
4. Holy Thursday
and
Good
Friday
Race held the Same Day is a Separate
Offense
Any race held in the same day at the same
place shall be held punishable as a separate
offense [Art. 198(2), RPC]
f. Article 199 – Illegal Cockfighting
[amended by PD 449]
Cockfighting
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]
Persons Liable [Art. 199, as amended by PD
449]: [DOrC-FA]
1. Any person who directly or indirectly
participates in cockfights, by betting money
or other valuable things on a Day other
than those permitted by law;
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2. Any person who directly or indirectly,
Organizes cockfights at which bets are
made, on a day other than those permitted
by law;
3. Any person who directly or indirectly
participates in cockfights, at a place other
than a licensed Cockpit.
4. When the offender is the Financer, owner,
manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or
5. Allowing, promoting or participating in any
other kind of gambling in the premises of
cockfights during cockfights.
Days Cockfighting is allowed [Sec. 5(d), PD
449]:
1. Sundays;
2. Legal Holidays, EXCEPT:
a. Rizal Day;
b. Independence Day;
c. National Heroes Day;
d. Holy Thursday;
e. Good Friday;
f. Election or Referendum Day; and
g. During the Registration Days for
Election or Referendum;
3. During local fiestas for not more than 3
days; and
4. During provincial, city or municipal,
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of
3 days
Spectators in a Cockfight Are Not Liable
The decree [PD 449] does not punish a person
attending as a spectator in a cockfight.
[REYES, Book 2]
3. The highly scandalous conduct is Not
expressly falling within any other Art. of the
RPC; and
4. The act/s complained of be committed in a
Public place or within the Public knowledge
or view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Grave Scandal
Consists of acts which are offensive to decency
and good customs which, having been
committed publicly, have given rise to public
scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
Decency
Propriety of conduct, proper observance of the
requirement of modesty, good taste, etc. [id.]
Customs
Established usage and social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof [id.]
Act/s Must be Performed In:
1. Public place; or
2. Private place within public knowledge or
view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Public Place vs. Private Place [REYES, Book
2]
Public Place
Elements: [PSNP]
1. The offender Performs an act/acts;
2. Such act/s are highly Scandalous as
offending against decency or good
customs;
Private Place
Public View Requirement
Public view is not
required
2. Chapter II: Offenses Against
Decency and Good Customs
a. Article 200 – Grave Scandal
CRIMINAL LAW
Public view or public
knowledge is
required.
Degree of Publicity
Criminal Liability
arises irrespective of
whether the immoral
act is open to the
public’s view.
Degree of publicity is
an essential element
of the crime.
NOTE: When the act is committed at night, in
a private house, and only one person was
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present, this does not constitute the degree of
publicity which is an essential element of the
crime [U.S. v. Catajay, G.R. No. 2785, (1906)]
b. Article 201 – Immoral Doctrines,
Obscene
Publications
and
Exhibitions and Indecent Shows
(as amended by PD 960 and 969)
Persons Liable: [PA-ExGSRDC-S]
1. Those who shall Publicly expound or
proclaim doctrines openly contrary to
public morals;
2. Authors of obscene literature, published
with their knowledge in any form; the
editors publishing such literature; and the
owners/operators of the establishment
selling the same;
NOTE: Author is liable only when it is
published with his knowledge [REYES,
Book 2]
3. Those
who,
in
theaters,
fairs,
cinematographs or any other place,
Exhibit, indecent or immoral plays, scenes,
acts or shows, whether live or in film, which
are prescribed by virtue hereof, and shall
include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy
the market for violence, lust or
pornography;
c. Offend any race or Religion;
d. Tend to abet traffic in and use of
prohibited Drugs; and
e. Contrary to law, public order, morals,
and good customs, established
policies, lawful orders, decrees and
edicts
4. Those who shall Sell, give away or exhibit
films, prints, engravings, sculpture or
literature which are offensive to morals.
Distribution is the Act Punished
Hence, the isolated, casual or occasional act of
giving such kind of literature to a single
recipient is not punishable. [REYES, Book 2]
CRIMINAL LAW
Definition of Terms:
1. Moral - Implies conformity with the
generally accepted standards of goodness
or rightness in conduct or character,
sometimes, specifically to sexual conduct
[Id.]
2. Indecency - An act against the good
behavior and a just delicacy [id.]
3. Obscenity - Something offensive to
chastity, decency or delicacy [U.S. v.
Kottinger, G.R. No. L-20569, (1923)]
Publicity is Essential to be Liable
Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is
not punishable since the purpose of the law is
to prohibit the dissemination of obscene
materials to the public. [Fernando v. CA, G.R.
No. 159751, (2006)]
Mere Nudity in Pictures or Paintings is Not
Obscenity
The proper test is whether the motive of the
picture, as indicated by it is pure or impure
[People vs. Serrano, CA-G.R. No. 5566-R,
(1950)]
c. Article 202 – Vagrants and
Prostitutes (as amended by RA
10158)
Vagrancy [REYES, Book 2]
The loitering around of a person in public or
private places, without apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling. They may be:
1. An Idle or dissolute person who lodges in
houses of ill-fame
2. Ruffian or pimp; or
3. One who habitually associates with
prostitutes.
NOTE: RA 10158 has decriminalized
Vagrancy, thus Art. 202 now penalizes
prostitution only and all pending cases that that
were or are under the provisions of Article 202
of the RPC on Vagrancy prior to its amendment
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by this RA 10158 shall be dismissed upon
effectivity of the Act. [Sec. 2, RA 10158]
Mendicancy Law [PD 1563]
Mendicant
Refers to any person, except those
enumerated in Section 4 of PD 1563 who has
no visible and legal means of support, or lawful
employment and who is physically able to work
but neglects to apply himself to some lawful
calling and instead uses begging as a means
of living [Sec. 3 (a), PD No. 1563]
Persons Not Considered as Mendicants: [I8-15]
1. Infants;
2. Child below 8 yrs. found begging or utilized
by the Mendicant; and
3. Minor over 9 yrs., under 15 found:
a. Begging or is being utilized for the
purposes of begging; and
b. Acted without discernment [Sec. 4, PD
No. 1563]
Persons Liable Under the Mendicancy Law:
[MA]
1. Mendicant;
2. Any person who Abets mendicancy by
giving alms directly to mendicants,
exploited infants and minors on public
roads, sidewalks, parks and bridges shall
be punished by a fine.
CRIMINAL LAW
instead uses
begging as a means
of living.
Prostitution [Art. 202(2), RPC]
A woman is a prostitute when:
1. She Habitually indulges in:
a. Sexual intercourse, or
b. Lascivious conduct
2. For Money or profit.
The Following are NOT Acts of Prostitution:
1. One sexual encounter for money does not
make a woman a prostitute [REYES, Book
2]
2. Several intercourses with different men
does not make a woman a prostitute, if
there is no evidence that she indulged in
sexual intercourse for money or profit. [id.]
G. CRIMES
COMMITTED
BY PUBLIC OFFICERS
RPC may be given extra-territorial application
under Article 2 (5) for these crimes.
Vagrancy vs. Mendicancy
Vagrancy
[Art. 202, RPC]
Mendicancy
[Sec. 3(a), PD.
1563]
Preliminary
a. Article 203 – Who Are Public
Officers
As to Offender
Without apparent
means of
subsistence, who
has the physical
ability to work and
who neglects to
apply himself or
herself to some
lawful calling.
1. Chapter
I:
Provisions
Without apparent
means of support,
or lawful
employment and
who is physically
able to work but
neglects to apply
himself to some
lawful calling and
Elements [P-SEA-LEA]:
A public officer is one who:
1. Takes part in the Performance of public
functions in the government;
2. Performs in said government or in any of its
branches public duties as an Employee,
Agent or Subordinate official, of any rank
or class; and
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3. His authority to take part in the
performance of public functions or to
perform public duties must be:
a. By direct provision of the Law;
b. By popular Election; or
c. By
Appointment
by
competent
authority
2. Chapter II: Malfeasance and
Misfeasance in Office
“Public Officers” Includes Every Public
Servant
The term “public officers” embraces every
public servant from the highest to lowest rank.
The distinction between “officer” and
“employee” for the purposes of the RPC is
obliterated. [Macalino v. Sandiganbayan, G.R.
Nos. 140199-200 (2002)]
Misfeasance (see Arts 204-207: acts by a
judge) Improper performance of some act
which might lawfully be done [id.]
It includes elective and appointive officials and
employees, permanent or temporary:
1. Career or non-career service, including
military and police personnel, whether
compensated or not [Sec. 3(b), RA 6713]
2. Classified or unclassified or exempt service
receiving compensation, even nominal,
from the government. [Sec. 2(c), RA 3019]
What are Considered “Official Duties”
Includes those which are in one’s capacity to
perform by reason of his office. [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)]
Coverage of GOCCs
GOCCs created by law are covered while
GOCCs registered with the SEC (including
sequestered companies) are not. [Macalino v.
Sandiganbayan, G.R. Nos. 140199-200
(2002)]
Based on RA 8249, presidents, directors,
trustees, and managers of all GOCCs,
regardless of type, are subject to the
jurisdiction of the Sandiganbayan when they
are involved in graft and corruption. [People v.
SB, G.R. No. 167304 (2009)]
Malfeasance (Direct Bribery and Indirect
Bribery) The performance of an act which
ought not to be done [REYES, Book 2]
Nonfeasance (Prosecution)
Omission of some act which ought to be
performed [id.]
SECTION 1. DERELICTION OF DUTY
a. Article 204 – Knowingly Rendering
Unjust Judgment; and
b. Article 205 – Judgment Rendered
Through Negligence
Elements
Knowingly Rendering Judgement Rendered
Unjust Judgement Through Negligence
(Art. 204) [JSUK]
(Art. 205) [JSMN]
1. Offender is a Judge
2. He renders a judgment in a case Submitted
to him for decision
3. Judgment is Unjust
3. Judgment is
Manifestly unjust
4. Judge Knows that
his judgment is
unjust
4. It is due to his
inexcusable
Negligence or
ignorance
As to Requirement of Bad Faith
Required. Accordingly,
mere error which was
committed in good
faith is a proper
defense [Heirs of
Yasin v. Felix, A.M.
No. RTJ-94-1167
(1995)].
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Not required 205
because it is based on
negligence or
ignorance.
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Judgment
A final order which disposes of the whole
subject matter or terminates a particular
proceeding or action, leaving nothing to be
done but to enforce by execution what has
been determined [Funk v. Santos Ventura
Hocorma Foundation, Inc, G.R. No. 212346
(2016)]
Test to Determine an Unjust Order or
Judgment
The test to determine whether an order or
judgment is unjust is that such may be inferred
from the circumstances that it is contrary to law
or is not supported by evidence. [Louis Vuitton
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
(1992)]
Unjust v. Manifestly Unjust Judgement
[REYES, Book 2]
Unjust Judgement
Manifestly Unjust
Judgement
One which is
contrary to law or is
not supported by the
evidence, or both.
One which is so
manifestly contrary
to law that even a
person having basic
knowledge of the
law cannot doubt the
injustice. Abuse of
discretion or mere
error of judgment is
not punishable.
Sources of Unjust Judgement [ERB]
1. Error,
2. Ill will or Revenge, or
3. Bribery. [REYES, Book 2]
Declaration that Decision/Order is Unjust
Before a criminal action against a judge for
violation of Articles 204 and 205 can be
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v.
Pelayo, G.R. No. 137354 (2000)]
CRIMINAL LAW
Not Applicable to Collegiate Courts
The offense refers only to a judgment of an
individual judge in his court, and not to the
judgment rendered in a collegial court by the
members thereof. [In Re: Wenceslao Laureta,
G.R. No. L-68635 (1987); In Re: Joaquin T.
Borromeo, A.M. No. 93-7-696-0 (1995)]
Rationale: This is because collegiate courts
reach their collective judgement after due
deliberation and consultation among the
members. [id.]
c. Article 206 – Unjust Interlocutory
Order
Elements [J-KuMi]:
1. Offender is a Judge; and
2. He performs any of the following acts:
a. Knowingly rendering an
unjust
interlocutory order or decree; or
b. Rendering
a
Manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
Interlocutory Orders
If the order leaves something to be done in the
trial court with respect to the merits of the case,
it is interlocutory. If it does not, it is final.
[Miranda v. CA, G.R. No. L-33007 (1976)]
d. Article 207 – Malicious Delay in the
Administration of Justice
Elements [JP-DeM]:
1. Offender is a Judge;
2. There is a Proceeding in his court;
3. He Delays in the administration of justice;
and
4. The delay is Malicious, that is, with
deliberate intent to inflict damage on either
party in the case.
Page 178 of 277
U.P. BOC
e. Article 208
Offenses;
Tolerance
CRIMINAL LAW II
– Prosecution of
Negligence
and
CRIMINAL LAW
committed by the law violator must be proved
first. [US v. Mendoza, G.R. No. 7540 (1912)]
Mode 1: Refraining Mode 2: Tolerating
from Instituting
the Commission of
Prosecution [PNM]
Offenses [PTM]
Liability of Offender
1. Liability is as a principal in dereliction of
duty not merely an accessory to the crime
[REYES, Book 2]
2. Liability under PD 1829 (Penalizing
obstruction
of
apprehension
and
prosecution of criminal offenders) - any
person who solicits, accepts, or agrees to
accepting any benefit in consideration of
abstaining from, discounting, or impeding
the prosecution of a criminal offender is
liable [Sec. 1(g), PD 1829].
1. Offender is a public officer or officer of
the law who has a duty to cause the
Prosecution of, or to prosecute,
offenses;
f. Article 209 – Betrayal of Trust by
an Attorney or a Solicitor –
Revelation of Secrets
2. Dereliction of
duty: knowing the
commission of the
crime, he does Not
cause the
prosecution of the
criminal
Punishable Acts [DRO]:
1. Causing Damage to his client, either—
a. By
any
malicious
breach
of
professional duty;
b. By
inexcusable
negligence
or
ignorance.
2. Revealing any of the secrets of his client
learned by him in his professional capacity;
3. Undertaking the defense of the Opposing
party in the same case, without the consent
of his first client,
a. After having undertaken the defense of
said first client, or
b. After having received confidential
information from said client.
Punishable Acts [RT]:
1. Maliciously Refraining from instituting
prosecution against violators of the law; or
2. Maliciously Tolerating the commission of
offenses.
Elements:
2. Dereliction of
duty: knowing that a
crime is about to be
committed, he
Tolerates its
commission
3. Malice and deliberate intent to favor the
violator of the law
Who are Public Officers
Officers of the prosecution department, whose
duty is to institute criminal proceedings for
felonies upon being informed of their
perpetration (e.g., city attorney, fiscal).
[REYES, Book 2]
Who are Officers of the Law
Those who, by reason of the position held by
them, are duty-bound to cause prosecution and
punishment of offenders (e.g., chief of police,
barrio captain) [id.]
Crime Must Be Proven
“Negligence” means neglect of duty by
maliciously failing to move the prosecution and
punishment of the delinquent. The crime
Page 179 of 277
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CRIMINAL LAW II
Requirement of Damage [REYES, Book 2]
Mode 1:
Malicious
Breach or
Inexcusable
Negligence
Mode 2:
Revealing
of Secrets
Mode 3:
Undertaking
Defense of
Opposing
Party
Required;
without
damage, at
most he will be
liable
administratively
liable (e.g.,
suspension or
disbarment
under the
CPR)
Not
required;
revelation
in itself is
punishable
[Id].
Not
required;
what is
punished is
the taking of
the case
without the
consent of
his 1st client.
Privileged Communication only covers Past
Crimes
A distinction must be made between
confidential communications relating to past
crimes already committed, and future crimes
intended to be committed by the client. The
attorney-client privilege only covers past
crimes. [People v. Sandiganbayan, supra.]
SECTION 2. BRIBERY
Elements:
Mode 1:
Agreeing to
commit/
committing
a Crime
[PACD]
Mode 2:
Execution
of an Act
that is
unjust but
is not a
crime
[PAUD]
Mode 3:
Agreeing to
refrain/refraini
ng from doing
his duty
[PARD]
1. Offender is a Public officer under Article
203
2. Accepts
an offer or a
promise or
receives a
gift or
present by
himself or
through
another
2. Accepts
a Gift or
present by
himself or
through
another
2. Accepts an
offer or a
promise or
receives a gift
or present by
himself or
through
another
3.In
consideratio
n of which,
he agrees
to perform
an act
constituting
a Crime
3. In
consideratio
n of which,
he agrees
to execute
an act
which does
not
constitute a
crime, but
the act
must be
Unjust
3. In
consideration
of which, he
agrees to
Refrain from
doing
something
which it is his
official duty to
do
g. Article 210 – Direct Bribery
Punishable Acts [CER]:
1. Agreeing to perform/performing,
in
consideration of any offer, promise, gift, or
present – an act constituting a Crime in
connection with the performance of his
official duty
2. Accepting a gift in consideration of the
Execution of an act which does not
constitute a crime, in connection with the
performance of his official duty
3. Agreeing to Refrain/refraining from doing
something in his official duty in
consideration of a gift or promise
CRIMINAL LAW
4. The act which offender agrees to perform
or which he executes be connected with the
performance of his official Duties
Page 180 of 277
As to Acceptance of Gift
U.P. BOC
Not
required
(acceptanc
e of offer is
sufficient).
CRIMINAL LAW II
Required.
The gift
must have
a value or
must be
capable of
pecuniary
estimation.
It cannot
consist of a
mere offer
or promise
of a gift.
[REYES,
Book 2]
Not required
(acceptance of
offer is
sufficient).
CRIMINAL LAW
Direct Bribery vs. Sec 3(b) of RA 3019
Direct Bribery
[Art 210, RPC]
Sec 3(b) RA 3019
As to Promise or Gift
Acceptance of a
promise or offer or
receipt of a gift or
present is required
Mere request or
demand of a gift,
present, share,
percentage or
benefit is enough
As to Scope
No Stage of Frustrated Bribery
If one party does not concur, then there is no
agreement and not all the acts necessary to
commit the crime were present. [Regalado]
Temporary
Performance
of
Public
Functions
Temporary performance of public functions is
sufficient to constitute a person a public officer
for purposes of bribery. [Maniego v. People,
G.R. No. L-2971 (1951)]
Bribery exists when the gift is:
1. Voluntarily offered by a private person;
2. Solicited by the public officer and
voluntarily delivered by the private person;
or
3. Solicited by the public officer but the private
person delivers it out of fear of the
consequences should the public officer
perform his functions (here the crime by the
giver does not fall under corruption of
public officials due to the involuntariness of
the act). [People v. Sope, G.R. No. L-16
(1946)]
Wider and more
general scope:
a. Performance of
an act constituting a
crime;
b. Execution of an
unjust act which
does not constitute a
crime; and
c. Agreeing to
refrain or refraining
from doing an act
which is his official
duty to do.
Limited to contracts
or transactions
involving monetary
consideration where
the public officer has
the authority to
intervene under the
law.
[Merencillo v. People,
(2007)]
G.R. No. 142369-70,
h. Article 211 – Indirect Bribery
Elements [PuGO]:
1. Offender is a Public officer;
2. He accepts Gifts;
3. Gifts are offered to him by reason of his
Office.
Direct Bribery vs. Indirect Bribery
Direct Bribery
[Art 210]
Indirect Bribery
[Art 211]
As to Requirement Acceptance of Gift
Mere acceptance of
the promise or offer
of such gift
consummates the
Page 181 of 277
The gift must be
accepted by the
public officer. The
acceptance of a
U.P. BOC
crime (1st and 3rd
modes).
Acceptance of the
gift is only
necessary for the
2nd mode.
CRIMINAL LAW II
mere promise or
offer of such gift
does not make a
public officer liable
under Art 211.
Reason for the Gifts/Promise/Offer
In consideration of
the agreement of
the
officer
to
perform or refrain
from doing an act or
the commission of a
crime.
By reason of his
office and not for the
performance of a
specific act.
CRIMINAL LAW
bribery and dereliction of duty. [REYES, Book
2]
Guilt of Offender is a Prejudicial Question
The guilt of the offender is a prejudicial
question to the liability of the officer for qualified
bribery. [US v. Mendoza, G.R. No. 7540
(1912)]
Qualifying Circumstance
If it is the public officer who demands or asks
for such gift, the penalty is death. [Art. 211-A,
RPC]
j. Article 212 – Corruption of Public
Officials
No Frustrated or Attempted Stages
Always in the consummated stage. [REYES,
Book 2]
Mere Physical Receipt is Insufficient
There must be clear intention on the part of the
public officer to take the gift offered and
consider the property as his own for that
moment.
Mere
physical
receipt
unaccompanied
by
any
other
sign,
circumstance or act to show such acceptance
is not sufficient. [Formilleza v. Sandiganbayan,
G.R. No. 75160 (1988)]
i. Article 211-A – Qualified Bribery
Elements [LAC]:
1. Offender is a public officer entrusted with
Law enforcement;
2. He refrains from Arresting or prosecuting
an offender who has committed a crime
punishable by reclusion perpetua and/or
death;
3. Offender refrains from arresting or
prosecuting in Consideration of any offer,
promise, gift, or present.
Elements [OB]:
1. Offender makes Offers or promises or
gives gifts or presents to a public officer;
and
2. Offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public
officer liable for direct Bribery or indirect
bribery.
Offeror is Punished
The offender is the giver of the gift or the offeror
of the promise. This applies even if the gift was
demanded by the public officer. [REYES, Book
2]
Distinguished from Bribery – Provisions
penalizing Bribery punishes the public officer
and not the offeror
No Frustrated Stage
There is no frustrated corruption or bribery
because both crimes require the concurrence
of the will of the corruptor and public officer.
[BOADO]
Effect if Penalty Imposable is Lower than
Reclusion Perpetua or Death
If the penalty imposed is lower than reclusion
perpetua and/or death, the crime is direct
Page 182 of 277
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CRIMINAL LAW II
3. Chapter III: Frauds and Illegal
Exactions and Transactions
a. Article 213 – Fraud Against the
Public Treasury and Similar
Offenses
Punishable Acts: [EnD-ReC]
1. Entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds;
2. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in collection
of taxes, licenses, fees, and other imposts;
3. Failing voluntarily to issue a Receipt, as
provided by law, for any sum of money
collected by him officially, in the collection
of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts.
Elements of Fraud against Public Treasury
(par.1) [POED]:
1. Offender is a Public officer
2. He took advantage of his public office; he
intervened in the transaction in his Official
capacity
3. He Entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to:
a. Furnishing supplies
b. The making of contracts or
c. Adjustment or settlement of accounts
relating to public property or funds
4. Accused had intent to Defraud the
Government.
CRIMINAL LAW
Not necessary for Government to Actually
be Defrauded
It is consummated by merely entering into
agreement or by merely making use of other
schemes to defraud the government. [REYES,
Book 2]
Elements of Illegal Exactions (par.2-4) [CDRC]:
1. Offender is a public officer entrusted with
the Collection of taxes, licenses, fees and
other imposts;
2. He is guilty of the following acts or
omissions:
a. Demanding directly or indirectly,
payment of sums different from or
larger than those by law;
b. Failing voluntarily to issue a Receipt as
provided by law, for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or object of a nature
different from that provided by law
Persons Liable
General Rule: Only specific public officers are
liable and this can only be committed
principally by a public officer whose official duty
is to collect taxes, license fees, import duties
and other dues payable to the government.
[Art. 213, RPC]
Exception: BIR and Customs employees are
not covered by the article. The NIRC or the
Revised Administrative Code is the applicable
law. [BOADO]
Receipt must be an Official Receipt
The act of receiving payment due the
government without issuing a receipt will give
rise to illegal exaction even though a
provisional receipt has been issued. What the
law requires is a receipt in the form prescribed
by law, which means official receipt.
When Estafa instead of Illegal Exaction
When there is deceit in demanding a greater
fee than those prescribed by law, the crime
Page 183 of 277
U.P. BOC
CRIMINAL LAW II
committed is estafa and not illegal exaction.
[US v. Lopez, G.R. No. L-3968 (1908)]
b. Article 214 – Other Frauds
Elements [PACo]:
1. Offender is a Public officer;
2. He takes Advantage of his official position;
and
3. He Commits any of the frauds or deceits
enumerated in Article 315 to 318 (estafa,
other forms of swindling, swindling a minor,
other deceits).
Penalty of Special Disqualification
Additional penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification, apart from
the penalties imposed in Arts 315-318. [Art.
214, RPC]
c. Art. 215 – Prohibited Transactions
Elements [AIIJ]:
1. Offender is an Appointive public officer;
2. He becomes Interested, directly or
indirectly, in any transaction of exchange or
speculation;
3. He becomes interested during his
Incumbency; and
4. Transaction takes place within the territory
subject to his Jurisdiction;
Examples of Transactions of Exchange or
Speculation
Buying and selling stocks, commodities, land,
etc. wherein one hopes to take advantage of an
expected rise or fall in price. Although
purchasing of stocks or shares in a company is
a simple investment and not a violation of the
article, regularly buying securities for resale is
speculation. [REYES, Book 2]
d. Article 216 – Possession of
Prohibited Interest by a Public
Officer
CRIMINAL LAW
Persons liable [PEG]:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene;
2. Experts,
arbitrators,
and
private
accountants who, in like manner, took part
in any contract or transaction connected
with the estate or property in the appraisal,
distribution or adjudication of which they
had acted; and
3. Guardians and executors with respect to
the property belonging to their wards or the
estate.
Fraud is Not Necessary
The act is punished because of the possibility
that fraud may be committed or that the
offender will place his own interest above the
Government or the party he represents [US v.
Udarbe, G.R. No. 9945 (1914)]
Intervention by Virtue of Public Office
Intervention must be by virtue of the public
office held. The contracts the official intervenes
in must have a connection with his office.
[REYES, Book 2]
4. Chapter IV: Malversation of
Public Funds or Property
a. Article 217 – Malversation of Public
Funds or Property - Presumption
of Malversation
Modes [AT-PeM]:
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or
negligence, Permitting any other person to
take such public funds or property; and
4. Being
otherwise
guilty
of
the
Misappropriation or malversation of such
funds or property.
Elements Common to All Modes [PCPA]:
1. Offender is a Public officer;
Page 184 of 277
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CRIMINAL LAW II
2. He had the Custody or control of funds or
property by reason of the duties of his
office;
3. He was accountable for Public funds or
property;
4. He Appropriated, took, misappropriated or
consented or, through abandonment or
negligence, permitted another person to
take them.
NOTE:
Malversation
is
also
embezzlement. [REYES, Book 2]
called
Appropriation
Appropriation involves every attempt to
dispose of public funds or property without a
right to do so. [Tabuena v. Sandiganbayan,
G.R. Nos. 103501-03 (1997)]
Can be Committed with Malice or Through
Negligence or Imprudence.
● Negligence - omission of reasonable care
and caution which an ordinary prudent
person would have used in the same
situation. The measure of negligence is the
standard of care commensurate with the
occasion. [Leano v. Domingo, G.R. No.
84378 (1998)]
● Good Faith as a Defense - For
malversation not committed through
negligence, good faith is a defense as it
negates criminal intent. [Quizo v.
Sandiganbayan, G.R. No. 77120 (1987)]
Persons Liable
General Rule: Offender is a Public Officer
Accountable Office - The nature of the duties of
the public officer, not the name of the office, is
controlling. Thus, a clerk who receives money
or property belonging to the government, in the
course of his employment, for which he is
bound to account, may be liable under Article
217. [Rueda v. Sandiganbayan, G.R. No.
129064 (2000)]
Exception: Private persons may also
commit malversation. Such as when a private
person: [CoA-CuD]
1. Acts in Conspiracy with a public officer in
committing malversation;
CRIMINAL LAW
2. Has become an Accomplice or accessory
to a public officer who commits
malversation;
3. Is made the Custodian in whatever
capacity of public funds or property,
whether belonging to national or local
government, and he misappropriates the
same [Article 222, RPC]; or
4. Is constituted as the Depositary or
administrator of funds or property seized or
attached by public authority even though
said funds or property belong to a private
individual [Article 222, RPC].
Sheriffs and receivers are included.
They fall under the term “administrator.”
[REYES, Book 2]
Judicial Administrator Not Covered
A judicial administrator in charge of settling the
estate of the deceased is not covered by the
article. Conversion of effects in his trust makes
him liable for estafa. [REYES, Book 2]
Private Property Covered
Private property is included, provided it is:
1. Attached;
2. Seized; or
3. Deposited by public authority. [REYES,
Book 2]
Presumption of Misappropriation
When a demand is made upon an accountable
officer and he cannot produce the fund or
property involved, there is a prima facie
presumption that he had converted the same to
his own use. [People v. Wa-Acon, G.R. No.
164575 (2006)]
Not Elements of Malversation
Demand as well as damage to the government
are not necessary elements. Demand merely
raises a prima facie presumption that missing
funds have been put to personal use. Damage
to the government is immaterial because the
penalty is based on the amount involved.
[Morong Water District v. Office of the Deputy
Ombudsman, G.R. No. 116754 (2000)]
Page 185 of 277
U.P. BOC
CRIMINAL LAW II
Direct
Evidence
Not
Required
for
Conviction
An accountable public officer may be convicted
even in the absence of direct evidence, where
he has not been able to satisfactorily explain
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)]
Restitution
Returning the malversed funds is not
exempting, it is only mitigating. [Perez v
People, 544 SCRA 532]
When Crime is Estafa instead of
Malversation
The funds or property must be received in an
official capacity, in which case, the crime is
Malversation. Otherwise, the crime committed
is estafa. [US v. Solis, G.R. No. L-2828 (1906)]
Need for Damage
Not required
Not necessary
Malversation, Estafa, and Qualified Theft of
Public Funds/Property [BOADO]
Malversation
[Art. 217]
Accountable
Public Officer
Estafa [Art. 315]
Private
Offender is a private
individual or even a
public officer who is
not accountable for
public funds/property
Means of Commission
Crime is committed
by appropriating,
taking, or
misappropriating/co
nsenting or through
abandonment or
negligence,
permitting any other
person to take the
public
funds/property
Crime is committed
by misappropriating,
converting, or
denying having
received money,
goods or other
personal property
Estafa
[Art. 315]
Qualified
Theft [Art.
310]
As to Offender
As to the Offender
Offender is usually a
public officer who is
accountable for the
public funds/property
Required
[REYES, Book 2]
Nature of Funds
Public
Required
Necessity of Prior Demand
Malversation v. Estafa
Malversation [Art
217]
CRIMINAL LAW
Offender who
is not
accountable
and has
acquired
juridical
possession
thereof and
took it with
abuse of
confidence or
deceit
Offender who
has mere
physical
possession
and took the
property with
abuse of
confidence
b. Article
218
–
Failure
of
Accountable Officer to Render
Accounts
Elements [PART]:
1. Offender is Public officer, whether in the
service or separated therefrom by
resignation or any other cause;
2. He is an Accountable officer for public
funds or property;
3. He is Required by law or regulation to
render account to the Commission on
Audit, or to a provincial auditor;
4. He fails to do so for a period of Two months
after such accounts should be rendered.
Page 186 of 277
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CRIMINAL LAW II
CRIMINAL LAW
Demand
and
Misappropriation
Not
Necessary
It is also not essential that there be
misappropriation because if present, the crime
would be malversation. [REYES, Book 2]
Malversation v. Technical Malversation
[Boado]
c. Article 219 – Failure of a
Responsible Public Officer to
Render Accounts Before Leaving
the Country
Nature of Funds
Elements [PAU]:
1. Offender is a Public officer;
2. He is an Accountable officer for public
funds or property;
3. He Unlawfully leaves or attempts to leave
the Philippine Islands without securing a
certificate from the Commission on Audit
showing that his accounts have been finally
settled.
Leaving must be Unlawful
The act of leaving the country must be
unauthorized or not permitted by law. [REYES,
Book 2]
d. Article 220 – Illegal Use of Public
Funds or Property
Elements [P-PAO]:
1. Offender is a Public officer;
2. There are Public funds or property under
his administration;
3. Such fund or property were Appropriated
by law or ordinance;
4. He applies such public fund or property to
any public use Other than for which it was
appropriated for.
Technical Malversation
Illegal use of public funds or property is also
known as technical malversation. The term
technical malversation is used because in this
crime, the fund or property involved is already
appropriated or earmarked for a certain public
purpose. Despite the public purpose, the act is
punished because it remains a violation of the
appropriations law [REYES, Book 2].
Malversation
(Art 217)
Technical
Malversation (Art
220)
Public Funds
As to the Offender
Accountable Public Officers
Appropriation of Funds
No such requirement
Must be appropriated
by Law or Ordinance
What is Done with the Funds
Applied to personal Applied to public use
use and benefit of the other than what it
offender or another was appropriated for
person
Good faith as a Defense
For malversation not
committed through
negligence,
good
faith is a defense as it
negates
criminal
intent.
[Quizo
v.
Sandiganbayan,
G.R.
No.
77120
(1987)]
Good faith is not a
defense. Technical
malversation
is
malum
prohibitum.
[Ysidoro v. People,
685 SCRA 637].
e. Article 221 - Failure to Make
Delivery of Public Funds or
Property
Punishable Acts [FaR]:
1. Failing to make payment by a public officer
who is under the obligation to make such
payment from Government funds in his
possession
2. Refusing to make delivery by a public
officer who has been ordered by competent
Page 187 of 277
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CRIMINAL LAW II
authority to deliver any property in his
custody or under his administration
5. Chapter V: Infidelity of Public
Officers
Elements:
Mode 1: Failing to
Make Payment
[PPM]
Mode 2: Refusing
to make delivery
[PDM]
1. Public officer has government funds in his
possession
2. Obligation to
make Payment from
such funds
2. Obligation to
Deliver any property
in his custody or
under his
administration
3. Maliciously fails to perform the obligation
Basis of Penalty
● Failure to make payment: fine shall be 5 to
25% of the amount he fails to pay
● Refusal to make delivery. [Art. 221(1)(2),
RPC]
f. Article 222 – Officers Included in
the Preceding Provisions
NOTE: This article provides that private
individuals may also be held liable for the
crimes under Art 217 to 221.
Officers Include:
1. Private individuals who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property
2. Administrator or depositary of funds or
property that has been attached, seized or
deposited by public authority, even if
owned by a private individual.
SEE: Art. 217 for extensive discussion
CRIMINAL LAW
SECTION 1. INFIDELITY IN THE CUSTODY
OF PRISONERS
a. Article 223 – Conniving With or
Consenting to Evasion
Elements [P-CEC]:
1. Offender is a Public officer;
2. He had in his Custody or charge a prisoner,
either detention prisoner or prisoner by
final judgment;
3. Such prisoner Escaped from his custody;
4. He was in Connivance with the prisoner in
the latter’s escape. (“shall consent to the
escape”)
Classes of Prisoners Involved [FD]
1. Those sentenced by Final judgment; and
2. Detention prisoners who are temporarily
held in legal custody
What is Not Considered as Infidelity in
Custody
Leniency, laxity, and release of a detention
prisoner who could not be delivered to judicial
authorities within the time fixed by law is not
infidelity in the custody of a prisoner. [People v.
Lancanan, G.R. No. L-6805 (1954)]
Actual Evasion Even Without Actual
Escape
There is real actual evasion of service of a
sentence when the custodian permits the
prisoner to obtain a relaxation in his
imprisonment and to escape the punishment of
being deprived of his liberty, thus making the
penalty ineffectual, although the convict may
not have fled. This includes allowing prisoners
to sleep and eat in the officer’s house or utilize
the prisoner’s services for domestic chores.
[US v. Bandino, G.R. No. 9964 (1915)]
Page 188 of 277
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CRIMINAL LAW II
Consenting to Evasion
Prisoners From Jail
Consenting to
Evasion
[Art. 223]
v.
Delivering
Delivering
Prisoners from Jail
[Art. 156]
As to Who may Commit
By a public officer
having the legal
charge or custody of
a prisoner.
By an outsider or by
a public officer who
does NOT have the
official charge or
custody of the
prisoner.
As to the Manner of Commission
By conniving or
consenting to the
escape of a
prisoner.
By removing from
jail a prisoner
confined therein or
helping in the
escape of such
prisoner.
[AMURAO]
b. Article 224 – Evasion through
Negligence
Liability of Escaping Prisoner:
● If he is a prisoner by final judgment liable for evasion of service (Art. 157)
● If he is a detention prisoner - he does not
incur criminal liability [REYES, Book 2]
c. Article 225 – Escape of Prisoner
under the Custody of a Person Not
a Public Officer
Elements [PCE-CN]:
1. Offender is a Private person;
2. Conveyance or custody of a prisoner or
person under arrest is confided to him;
3. Prisoner or person under arrest Escapes;
4. Offender Consents to the escape, or that
the escape takes place through his
Negligence.
Not Applicable if Private Person made the
Arrest
Art. 225 is not applicable if a private person
was the one who made the arrest and he
consented to the escape of the person he
arrested. [REYES, Book 2]
Consenting to Evasion
Prisoners from Jail
Elements [P-CoN]:
1. Offender is a Public officer;
2. He is charged with the Conveyance or
custody of a detention prisoner or prisoner
by final judgment;
3. Such prisoner escapes through Negligence
Deliberate Non-performance of Duty
This covers only positive carelessness and
definite laxity which amounts to deliberate nonperformance
of
duties.
[Rodillas
v.
Sandiganbayan, G.R. No. L-58652 (1988)]
CRIMINAL LAW
Consenting to
Evasion
[Art. 225]
vs.
Delivering
Delivering
Prisoners from Jail
[Art. 156]
As to who may Commit
By a Private Person
who acts as a
custodian of the
Prisoner.
Recapture does not lead to exculpation
The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation. [REYES,
Book 2]
Page 189 of 277
By an outsider or by
a public officer who
does NOT have the
official charge or
custody of the
prisoner.
U.P. BOC
CRIMINAL LAW II
SECTION 2. INFIDELITY IN THE CUSTODY
OF DOCUMENTS
d. Article
226
–
Removal,
Concealment, or Destruction of
Documents
Elements [P-ReDeCo-ED]:
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
document or papers;
3. Said document or papers should have
been Entrusted to such public officer by
reason of his office;
4. Damage, whether serious or not, to a third
party or to the public interest has been
caused.
Offender Must be Officially Entrusted with
the Documents
Can only be committed by the public officer
who is made the custodian of the document in
his official capacity. If the offender is a private
individual, estafa is committed. [REYES, Book
2]
Removal Must be for Illicit Purpose
If the act of removal is done with lawful motives
such as to save the documents from imminent
danger of loss or destruction, there would be
no crime committed. However, illicit motive is
not required if the mode is concealment or
destruction. [REYES, Book 2]
Damage Caused
Damage in this article may consist in mere
alarm to the public or in the alienation of its
confidence in any branch of the government
service. [Kataniag v. People, G.R. No.48398
(1984)]
Documents
1. Documents must be complete and one
by which a right could be established or an
obligation could be extinguished. If the
writings are mere forms, there is no crime.
[People v. Camacho, G.R. No.18688
(1923)]
CRIMINAL LAW
2. A book is not a document. A document is
a written instrument by which something is
proven or made of record [People v. Agnis,
G.R. No. L-19676 (1923)]
3. “Papers” - includes checks, promissory
notes, and paper money. [REYES, Book 2]
Consummated upon Removal
Removal is consummated upon taking or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been
accomplished. [Kataniag v. People, G.R.
No.48398 (1984)]
Delivery of Documents to Wrong Person
Delivering documents to the wrong party is
infidelity in the custody thereof. This could
cover failure on the part of the post office to
forward the letters to their destination. [REYES,
Book 2]
e. Article 227 – Officer Breaking Seal
Elements [P-CSB]:
1. Offender is a Public officer;
2. He is charged with the Custody of papers
or property;
3. These papers or property are Sealed by
proper authority;
4. He Breaks the seal or permits them to be
broken.
Damage/Intent to Cause Damage Not
Necessary
Where documents are sealed by competent
authorities, it is evident that the purpose
thereof is to ensure their preservation. It is
sufficient that the seal is broken, even if the
contents are not tampered with. [REYES, Book
2]
f. Article 228 – Opening of Closed
Documents
Elements [PoCON]:
1. Offender is a Public officer;
2. Any Closed papers, documents, or objects
are entrusted to his custody;
Page 190 of 277
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3. He Opens or permits to be opened said
closed papers, documents or objects;
4. He does Not have proper authority.
Act should not be under Art 227
If the public officer had to break a seal to open
the closed document, he is liable under Art 227.
[REYES, Book 2]
CRIMINAL LAW
Revelation of Secrets v. Infidelity in the
Custody of Documents [REYES, Book 2]
Revelation of
Secrets by an
Officer (Art 229)
g. Article 229 – Revelation of Secrets
by an Officer
Punishable Acts [ReD]:
1. Revealing any secrets known to the
offending public officer by reason of his
official capacity
2. Wrongfully Delivering papers or copies of
papers of which he has charge and which
should not be published
Content of the Papers
Papers contain
secrets /papers
which should not be
published.
Mode 2: Wrongful
delivery of papers
[P-PWD]
1.Offender is a Public officer
2. He knows of a 2. He has charge of
Secret by reason of Papers which should
his official capacity
not be published
Secrets must affect
public interest. If
the secret revealed
does not involve
public interest, no
crime is committed.
Secrets of private
individuals are not
included. [REYES,
Book 2]
Custody Required
“Charge” - means
custody or control. If
he
is
merely
entrusted with the
papers and not with
the custody thereof,
he is not liable under
this article.
3. He Reveals such
secret
without
authority
or
justifiable reasons
3. He Wrongfully
delivers
those
papers or copies
thereof to a third
person
Papers do not
contain secrets.
Damage Involved
Damage is to public
interest
Elements:
Mode 1: Revelation
of Secrets
[P-SRD]
Infidelity in
Custody of
Documents/Papers
by Removing the
Same (Art 226)
Damage is to public
interest or third
persons
h. Article 230 – Public Officers
Revealing Secrets of Private
Individuals
Elements [PSR]:
1. Offender is a Public officer;
2. He knows of the Secrets of a private
individual by reason of his office;
3. He Reveals such secrets without authority
or justifiable reason.
When the Offender is a Lawyer
When the offender is a public attorney or a
solicitor, the act of revealing the secret should
not be covered by Art 209 (Betrayal of Trust).
[REYES, Book 2]
Damage Not Necessary
Damage to private individual is not necessary.
The reason for this provision is to uphold faith
and trust in public service. [REYES, Book 2]
4. There is Damage to public interest
Page 191 of 277
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Revelation of Secrets by an Officer v. Public
Officer Revealing Secrets of Private
Individual
Revelation of
Secrets by an
Officer [Art 229]
Public Officer
Revealing Secrets
of a Private
Individual
[Art. 230]
Nature of the Secret
Secret involves public
interest
Secret involves a
private individual
Elements [PES-DiDi]:
1. Offender is a Public officer;
2. An order is issued by his superior for
Execution;
3. He Suspended the execution of such order;
4. His superior Disapproves the suspension
of the execution of the order; and
5. Offender Disobeys his superior despite the
disapproval of the suspension.
Illegal Orders
This does not apply if the order of the superior
is illegal. [Art 11(6), RPC]
c. Article 233 – Refusal of Assistance
Necessity for Damage
Damage to public
interest is essential
CRIMINAL LAW
Damage is not
essential
6. Chapter VI: Other Offenses or
Irregularities
by
Public
Officers
SECTION 1. DISOBEDIENCE, REFUSAL OF
ASSISTANCE, AND MALTREATMENT OF
PRISONERS
a. Article 231 – Open Disobedience
Elements [Je-JWR]:
1. Officer is a Judicial or executive officer;
2. There is a Judgment, decision or order of a
superior authority;
3. Such judgment, decision or order was
made Within the scope of the jurisdiction of
the superior authority and issued with all
the legal formalities;
4. He openly Refuses to execute the said
judgment, decision or order, which he is
duty bound to obey without any legal
justification.
b. Article 232 – Disobedience to the
Order of Superior Officer When
Said Order Was Suspended by
Inferior Officer
Elements [P-CoM]:
1. Offender is a Public officer;
2. A competent authority demands from the
offender that he lend his Cooperation
towards the administration of justice or
other public service;
3. Offender Maliciously fails to do so.
Official Duty of Public Officer
To be liable, the public officer must have the
obligation, by reason of his office, to render
assistance in the administration of justice or
other public service. [AMURAO]
Damage is Essential
Damage to public interest or to a third party is
essential. Serious damage leads to a higher
penalty. [REYES, Book 2]
d. Article 234 – Refusal to Discharge
Elective Office
Elements [ERL]:
1. Offender is elected by popular Election to a
public office;
2. He Refuses to be sworn in or to discharge
the duties of said office;
3. There is no Legal motive for such refusal to
be sworn in or to discharge the duties of
said office.
Page 192 of 277
U.P. BOC
CRIMINAL LAW II
Only for Elective Officials
Once an individual is elected to an office by the
will of the people, discharge of duties becomes
a matter of duty, not only a right. This only
applies for elective, not appointive officers.
[REYES, Book 2]
e. Article 235
Prisoners
–
Maltreatment
of
Elements [PCM]:
1. Offender is a Public officer or employee;
2. He has under his Charge a prisoner or
detention prisoner;
3. He Maltreats such prisoner by overdoing
himself in the correction or handling of a
prisoner or detention prisoner under his
charge by:
a. Imposition of punishment not
authorized by the regulations;
b. Inflicting such punishments
(those authorized) in a cruel
and humiliating manner.
c. Maltreating such prisoners to
extort a confession or to obtain
some information from the
prisoner.
Offender Must Have Direct Custody
This is committed only by such public officer
charged with direct custody of the prisoner.
[Punzalan v. People, G.R. No.L-8820 (1956)]
CRIMINAL LAW
Torture
If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
[Section 15, RA 9745]
SECTION 2. ANTICIPATION,
PROLONGATION, AND ABANDONMENT
OF THE DUTIES AND POWERS OF PUBLIC
OFFICE
f. Article 236 – Anticipation of Duties
of a Public Officer
Elements [ESAN]:
1. Offender is Entitled to hold a public office
or employment, either by election or
appointment;
2. The law requires that he should first be
Sworn in and/or should first give a bond;
3. He Assumes the performance of the duties
and powers of such office; and
4. He has Not taken his oath of office and/or
given the bond required by law.
Comparison Between Art 234 and Art 236
Refusal to
Discharge Elective
Office
[Art. 234]
Anticipation of
Duties of a Public
Officer
[Art. 236]
As to Nature of Position
If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime
is physical injuries. [REYES, Book 2]
Cannot be Complexed with other Crimes
Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or
other crimes as the article says “in addition to
his liability for the physical injuries or damage
caused…” [AMURAO]
Officer is elected
Officer is elected or
appointed
As to Act Punished
The officer, without
legal motive, refuses
to be sworn in or
discharge the duties
of his office.
Qualifying Circumstance
If the maltreatment was done in order to extort
confession, the penalty is qualified to the next
higher degree. [REYES, Book 2]
Page 193 of 277
The offender
assumes the
performance of the
duties of the office
without having been
sworn in or giving
the bond required by
law.
U.P. BOC
CRIMINAL LAW II
g. Article
237
–
Prolonging
Performance of Duties and Powers
Elements [PPC]:
1. Offender is holding a Public office;
2. Period provided by law, regulations or
special provision for holding such office,
has already expired; and
3. He Continues to exercise the duties and
powers of such office.
Officers Covered
The offenders here are those who can be
suspended, separated, declared over-aged, or
dismissed. [REYES, Book 2]
h. Article 238 – Abandonment of
Office or Position
Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position;
3. His resignation has Not yet been accepted;
and
4. He Abandons his office to the detriment of
public service.
NOTE: Resignation must be written [REYES,
Book 2]
Requisites for Resignation [InAA]
1. Intention to relinquish part of the term
2. Act of relinquishment
3. Acceptance by the proper authority [LRTA
v. Salvana, G.R. No. 192074 (2014)]
Qualifying Circumstance
The offense is qualified when the purpose of
the abandonment is to evade the discharge of
duties of preventing, prosecuting, or punishing
any of the crimes falling within Title One
(Crimes against National Security and the Law
of the Nations) and Chapter One of Title Three
(Rebellion, Coup d’état, Sedition, and
Disloyalty) of book two of the RPC. [Amurao]
CRIMINAL LAW
Abandonment of Office v. Dereliction of
Duty
Abandonment of
Dereliction of Duty
Office or Position
(Art. 208)
(Art. 238)
As to Offender
Committed by any
public officer
Committed only by
public officers who
have the duty to
institute prosecution
for the punishment of
violations of the law
As to Abandonment
There is actual
abandonment
through resignation to
evade the discharge
of duties
Public officer does
not abandon his
office but merely fails
to prosecute a
violation of the law.
SECTION 3. USURPATION OF POWERS
AND UNLAWFUL APPOINTMENTS
i. Article 239 – Usurpation
Legislative Powers
of
Elements [EJ-MAS]:
1. Offender is an Executive or Judicial officer,
who encroaches upon the powers of the
Legislative branch by:
a. Making general rules or regulations
beyond the scope of his authority; or
b. Attempting to repeal a law; or
c. Suspending the execution thereof.
j.
Article 240 – Usurpation
Executive Functions
of
Elements [JAO]:
1. Offender is a Judge;
2. That he:
a. Assumes a power pertaining to the
executive authorities, or
b. Obstructs the executive authorities in
the lawful exercise of their powers.
NOTE: If the offender is not a judge the crime
is punishable under Art 177 (Usurpation of
Page 194 of 277
U.P. BOC
CRIMINAL LAW II
Authority or Official Function). [REYES, Book
2]
k. Article 241 – Usurpation of Judicial
Functions
Elements [Ex-AO]:
1. Offender is an officer of the Executive
branch;
2. That he:
a. Assumes judicial powers, or
b. Obstructs the execution of any order or
decision rendered by any judge within
his jurisdiction.
l.
Article 242 – Disobeying Request
for Disqualification
Elements [PPQRC]:
1. Offender is a Public officer;
2. A proceeding is Pending before such public
officer;
3. There is a Question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. He has been lawfully required to Refrain
from continuing the proceeding;
5. He Continues the proceeding.
NOTE: The disobedient officer is liable even if
the jurisdictional question is resolved in his
favor. [REYES, Book 2]
m. Article 243 – Orders or Request by
Executive Officer to Any Judicial
Authority
Elements [EJJ]:
1. Offender is an Executive officer;
2. He addresses any order or suggestion to
any Judicial authority;
3. The order or suggestion relates to any case
or business coming within the exclusive
Jurisdiction of the courts of justice.
n. Article
244
Appointments
CRIMINAL LAW
–
Unlawful
Elements [P-NoLaK]:
1. Offender is a Public officer;
2. He Nominates or appoints a person to a
public office;
3. Such person Lacks the legal qualifications
therefore;
4. Offender Knows that his nominee or
appointee lacks the qualification at the time
he made the nomination or appointment.
NOTES:
1. Mere recommendation is not a crime,
even if such person knew that the person
recommended is not qualified. [REYES,
Book 2]
2. Qualifications must be provided for by
law [id.]
o. Article 245 – Abuses Against
Chastity
Punishable Acts [DCuW]:
1. Soliciting/making immoral or indecent
advances to a woman interested in matters
pending before the offending officer for
Decision or with respect to which he is
required to submit a report to or consult
with a superior officer;
2. Soliciting or making immoral or indecent
advances to a woman under the offender’s
Custody;
3. Soliciting or making immoral or indecent
advances to the Wife, daughter, sister or
relative within the same degree by affinity
of any person in the custody of the
offending warden or officer.
Page 195 of 277
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CRIMINAL LAW II
Elements:
Mode 1:
Soliciting to
a woman
interested in
pending
matters
[PSP]
Mode 2:
Mode 3:
Soliciting to Soliciting to
a woman
wife/daughte
under
r/sister/
offender’s
relative of
custody
person in
[PSC]
custody
[PSR]
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman is
under the
Custody of
the offender
who is a
warden or
other public
officer
directly
charged with
the care and
custody of
prisoners.
H. CRIMES AGAINST
PERSONS
1. Chapter I: Destruction of Life
SECTION
HOMICIDE
1.
PARRICIDE,
MURDER,
a. Article 246 – Parricide
1. Offender is a Public officer
3. Woman is
interested in
matters
Pending
before the
offender for
decision, or
with respect
to which he
is required to
submit a
report to or
consult with
a superior.
CRIMINAL LAW
3. Woman is
the wife,
daughter,
sister or
Relative
within the
same degree
by affinity of
the person in
the custody
of the
offender.
Solicitation
Solicit is to propose earnestly and persistently
something unchaste and immoral to a woman.
The advances must be immoral or indecent.
Proof of solicitation is not necessary when
there is sexual intercourse. [REYES, Book 2]
Consummated by Proposal
The crime is consummated by mere proposal.
It is not necessary that the woman should have
yielded to the solicitation of the offender.
[REYES, Book 2]
Mother of Person in Custody Not Included
The mother of the person in the custody of the
public officer is not included. [REYES, Book 2]
Elements: [KAA-FaMCADS]
1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
a. Legitimate/illegitimate Father
b. Legitimate/illegitimate Mother
c. Legitimate/illegitimate Child (should not
be less than 3 days old, otherwise crime
is infanticide)
d. Other legitimate Ascendant
e. Other legitimate Descendant
f. Legitimate Spouse
Relationship
Relationship of offender with the victim is an
essential element of this crime; except for
spouses, only relatives by blood and in direct
line are covered. An adopted child is not
covered by parricide.
Rules on Relationship of Relatives
1. Father, mother or child may be legitimate
or illegitimate
2. Other ascendants or descendants must be
legitimate
3. Child should not be less than 3 days old,
otherwise, crime is infanticide
4. Spouse must be legitimate; Muslim
husbands with several wives can be
convicted of parricide only in case the first
wife is killed. [People v. Subano, G.R. No.
L-20338 (1967)]
NOTE: Relationship must be alleged in the
Information to be convicted of Parricide.
[People v. Jumawan, G.R. No. 187495 (2014)]
Page 196 of 277
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Parricide shall not be punished by
reclusion perpetua to death in the following
cases:
1. Reckless or simple imprudence [Art. 365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional circumstances
[Art. 247]
b. Article 247 – Death or Physical
Injuries
Under
Exceptional
Circumstances
Elements: [M-SD-KiP]
1. A legally Married person, or a parent,
surprises the following in the act of sexual
intercourse with another person:
a. His Spouse or;
b. His Daughter, the latter under 18 years
of age and living with him;
2. He or she Kills any or both of them, or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter;
3. He has not Promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
Not a Felony
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
[Id]
Sentence to Accused
General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]
Other Considerations:
1. Actual Sexual Intercourse – meaning
vaginal penetration by the penis and does
not include merely sleeping on the same
CRIMINAL LAW
bed [People v. Gonzales, G.R. No. 46310;
People v. Bituaanan 56 Phil 23, cited in
REYES, Book 2]
2. Accused must be legally married - if the
victim is his or her spouse. [People v.
Araquel, G.R. No. L-12629]
3. Whether or not the daughter is legitimate
or illegitimate is immaterial - provided she
is living with the guilty parent [Regalado]
4. Privilege cannot be invoked without
surprise – if the accused did not surprise
the supposed offenders in the very act of
committing adultery, he cannot invoke the
privilege of Art. 247. [People v. Gonzales,
G.R. No. 46310 (1939)]
Immediately Thereafter
There is no set time as jurisprudence has held
1 hour or even 4 hours as “immediately
thereafter”. However, the act done must be a:
a. Direct result of the outrage of the
cuckolded spouse; and
b. Continuous act from the moment of the
surprising. [US v. Vargas, G.R. No. 1053,
May 7, 1903]
When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be done.
2. If the daughter is Married.
Although the article does not use the word
“unmarried,” this article applies only when
the daughter is single because while under
18 and single, she is still under parental
authority. If she is married, her husband
alone can claim the benefits of this article.
[REYES, Book 2]
c. Article 248 – Murder
Elements: [KAC-TCICPC-N]
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the following
qualifying Circumstances:
a. With Treachery, taking advantage of
superior strength, aid of armed men, or
employing means to weaken the
Page 197 of 277
U.P. BOC
CRIMINAL LAW II
defense, or of means or persons to
insure or afford impunity;
b. In Consideration of a price, reward or
promise;
c. By means of Inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means of
motor vehicles, or with the use of any
other means involving great waste and
ruin;
d. On occasion of any of the Calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic,
or any other public calamity;
e. With evident Premeditation;
f. With Cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his
person or corpse.
4. Killing is Not parricide or infanticide.
Rules for the Application of the
Circumstances which Qualify the Killing to
Murder
1. If there are more than one alleged in the
information for murder, only one will qualify
the killing to murder and the other
circumstances will be taken as generic
aggravating circumstance. [REYES, Book
2]
2. When the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating. [id]
3. Any of the qualifying circumstances
enumerated in Art. 248 must be alleged in
the information. [US v. Campo, 23 Phil 369]
Element of Intent to Kill
General Rule: Offender must have intent to kill
to be liable for murder.
Exception: In murder qualified by treachery, it
is required only that there is treachery in the
attack, hence, there is murder even if offender
has no intent to kill the person assaulted.
[REYES, Book 2]
CRIMINAL LAW
Killing by Fire
● If the primordial criminal intent of the
offender is to kill and fire was only used
as a means to do so, the crime is only
murder.
● If the primordial criminal intent of the
offender is to destroy property with the
use of pyrotechnics and incidentally,
somebody within the premises is killed, the
crime is arson with homicide, a single
indivisible crime penalized under Art. 326,
which is death as a consequence of arson.
[Id.]
Outraging v. Scoffing [Id]
Outraging
Scoffing
Definition
To
commit
an It means to leer and
extremely vicious or implies a showing of
deeply insult in act.
irreverence.
Example
The act of an When the intestines
accused in having of the dead were
anal intercourse with removed and hung
the woman after around the neck of
killing her. [People v. the victim’s brother
Butler, 120 SCRA
“as a necklace” and
the lungs and liver
281]
were described as
“pulutan.” [People v.
Carmina, 193 SCRA
429]
d. Article 249 – Homicide
Elements: [KJ-IQ]
1. Person was Killed;
2. Offender killed him without any Justifying
circumstances;
3. Offender had the Intention to kill
4. Killing was not attended by any of the
Qualifying circumstances of murder, or by
that of parricide or infanticide
No offense of Frustrated Homicide through
Imprudence.
The element of intent to kill in frustrated
homicide is incompatible with negligence or
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imprudence. [People v. Castillo, C.A. No. 227
(1946)]
Refusal to be Operated; Not a Defense
Refusal of the deceased to be operated on
does not relieve the offender of the criminal
liability for his death. [People v. Sto. Domingo,
G.R. No. 3783, (1939)]
Intent to kill
General Rule: Conclusively presumed when
death results.
Exception: Evidence of intent is crucial to a
finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 12074446]
Physical Injuries
Accused is liable for physical injuries if there is
no intent to kill on the part of the offender in an
attempted or frustrated homicide. [REYES,
Book 2]
Accidental Homicide
It is the death of a person brought about by a
lawful act performed with proper care and skill
and without homicidal intent, there is no felony.
[Id]
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
Courts may impose a penalty: [Art 250]
1. 2 degrees lower for frustrated parricide,
murder, or homicide
2. 3 degrees lower for attempted parricide,
murder, or homicide.
The imposition of a penalty lower by one
degree than that imposed under Arts. 50 and
51 depends on the courts, in view of the facts
of the case. [Id]
Note that under the RPC, the following
penalties shall be imposed:
1. Frustrated Felony - the penalty next lower
in degree than that prescribed by law for
the consummated felony [Art. 50, RPC].
CRIMINAL LAW
2. Attempted Felony - the penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
[Art. 51, RPC].
NOTE: Any attempt on, or conspiracy against,
the life of the Chief Executive of the Philippines
or that of any member of his family, or against
the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer
the penalty of death. [REYES, Book 2]
f. Article 251 - Death Caused in
Tumultuous Affray
Tumultuous Affray
It is a commotion in a confused manner to an
extent that it would not be possible to identify
who the killer is if death results, or who inflicted
the serious physical injury, but the person or
persons who used violence are known.
[REYES, Book 2]
NOTE: It exists when at least four persons took
part. [id].
Elements: [SGQKAI]
1. There are Several persons;
2. They do not compose Groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
3. These several persons Quarreled and
assaulted one another in a confused and
tumultuous manner;
4. Someone was Killed in the course of the
affray;
5. It cannot be Ascertained who actually killed
the deceased; and
6. The person or persons who inflicted serious
physical injuries or who used violence can
be Identified.
Persons Liable [IK]
1. Person or persons who Inflicted the serious
physical injuries
2. If it is not Known who inflicted the serious
physical injuries on the deceased, all
persons who used violence upon the person
of the victim are liable.
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Presence of Conspiracy
If there is conspiracy, this crime is not
committed. The crime would be murder or
homicide. [REYES, Book 2]
g. Article 252 - Physical Injuries
Caused in Tumultuous Affray
Elements: [TIK]
1. There is a Tumultuous affray;
2. A participant or some participants thereof
Suffered serious physical injuries or
physical injuries of a less serious nature
only;
3. Person responsible cannot be Identified;
and
4. All those who appear to have used violence
upon the person of the offended party are
Known.
Presence of Violence
All those who appear to have used violence
shall suffer the penalty next lower in degree
than that provided for the serious physical
injuries inflicted. [Art. 265, RPC]
Death Caused in Tumultuous Affray v.
Physical Injuries Caused in Tumultuous
Affray
Physical Injuries
Death Caused in
Caused in
Tumultuous
Tumultuous Affray
Affray [Art. 251]
[Art. 252]
Participants
The person killed The injured party in
in the course of the the crime of physical
affray need not be injuries inflicted in a
one
of
the tumultuous
affray
participants in the must be one or
affray.
some of the
participants.
[REYES, Book 2]
CRIMINAL LAW
h. Article 253 - Giving Assistance to
Suicide
Giving Assistance to Suicide
Giving assistance to suicide means giving
means (e.g., arms, poison, etc.) or whatever
manner of positive and direct cooperation (e.g.,
intellectual aid, suggestions regarding the
mode of committing suicide, etc.). [REYES,
Book 2]
Modes: [AL]
1. Assisting another to commit suicide,
whether the suicide is consummated or not;
2. Lending his assistance to another to commit
suicide to the extent of doing the killing
himself.
NOTE: The person who commits suicide is not
criminally liable; only the person assisting him
or her. [Id.]
Euthanasia – commonly known as mercykilling; the practice of painlessly putting to
death a person suffering from some incurable
disease.
• A doctor who resorts to euthanasia of his
patient may be liable for murder. But if the
patient himself asks to be killed by his
doctor, this Article applies. [Id]
i. Article 254 - Discharge of Firearms
Elements: [DN]
1. Offender Discharges a firearm against or at
another person.
2. Offender has No intention to kill that
person.
Crime as long as Initially Aimed at Offended
Party
The crime is the discharge of firearm, even if
the gun was not pointed at the offended party
when it fired, as long as it was initially aimed by
the accused at or against the offended party
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21,
cited in REYES, Book 2]
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If Offended Party is Hit and Wounded
If in the discharge of a firearm, the offended
party is hit and wounded, there is a complex
crime of discharge of firearm with serious or
less serious physical injuries. [People v.
Arquiza, G.R. No. 42128-42129]
CRIMINAL LAW
To intimidate To
cause
or frighten a disturbance
person
or scandal
To demand
money
or
impose any
other
condition
SECTION 2. INFANTICIDE AND ABORTION
Animus Interficendi
Intent to kill or animus inteficendi cannot be
automatically drawn from the mere fact that the
use of firearms is dangerous to life. Animus
interficendi must be established with the same
degree of certainty as is required of the other
elements of the crime. [Dado v. People G.R.
No. 131421(2002)]
Discharge of Firearms v. Homicide
Discharge of
Homicide/Murder
Firearms
[Arts. 248/249]
[Art. 254]
As to Intent to Kill
There must be no
There is intent to kill
intent to kill
(conclusively
presumed if a person
died)
As to Rationale
The discharge was Intent was to kill
intended merely to another
frighten or cause
alarm
to
the
offended
party
[People v. Hinolan,
C.A., 47 O.G. 3596,
cited in Reyes,
Book Two].
Alarms and Scandals vs. Discharge of
Firearms v. Grave Threats [BOADO]
Discharge of Alarms and
Grave
Firearms
Scandals
Threats
[Art. 254]
[Art. 155]
[Art. 282]
As to the Place
At any place Public place At any place
(and aimed at
a specific
person)
As to Purpose
j. Article 255 – Infanticide
Elements: [C-3]
1. Child was killed by the accused;
2. Deceased child was less than 3 days old (72
hours).
Persons Liable:
1. Father or mother of the child, whether
legitimate or illegitimate; or
2. Any other legitimate ascendant of the child
[REYES, Book 2]
Must be Born Alive
It is necessary that the child be born alive and
viable (capable of independent existence). [US
v. Vedra, G.R. No. 4779 (1908)]
Mitigating Circumstance
Only the mother and maternal grandparents
are entitled to mitigating circumstances of
concealing the mother’s dishonor. [Art. 255,
RPC]
NOTE: The delinquent mother who claims to
be concealing dishonor must be of good
reputation and good morals [REYES, Book 2]
Other Persons who Cooperate
Others who cooperate with the mother or
grandparent for killing a child less than 3 days
old will suffer the penalty for murder. (US v.
Aquino, G.R. No. 11653]
Parricide vs. Infanticide [Reyes]
Parricide
Infanticide
[Art. 246]
[Art. 255]
As to Basis of Crime
Based
on
Based on the age of
relationship
of
the child (must be
offender and the
less than 3 days old)
victim
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As to Victim
May be committed
Victim need not be a
against a relative
relative
As to Applicability of Mitigating
Circumstance
of Concealment of Dishonor
Mitigating
Not mitigating
circumstance
k. Article 256 - Intentional Abortion
Elements: [PVi-DI]
1. There is a Pregnant woman;
2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman;
3. As a result of the above acts, the fetus Dies,
either in the womb or after having been
expelled therefrom; and
4. Abortion is Intended.
Punishable Acts [VAAW]
1. Use of Violence upon the pregnant woman;
2. Acting, but without using violence and
without the consent of the woman. (e.g., by
administering drugs or beverages upon
such pregnant woman without her consent.)
3. Acting (by administering drugs or
beverages), With the consent of the
pregnant woman.
Persons Liable:
1. Person who intentionally caused the
abortion under Art. 256; and
2. Pregnant woman if she consented under
Art. 258 [REYES, Book 2]
Abortion
The willful killing of the fetus in the uterus or the
violent expulsion of the fetus from the maternal
womb which results in the death of the fetus.
[REYES, Book 2]
Frustrated Abortion
Committed if the fetus that is expelled is viable
and, therefore, not dead. [Id]
Complex Crime of Murder/Physical Injuries
and Abortion
CRIMINAL LAW
If the mother as a consequence of abortion
suffers death or physical injuries, there is a
complex crime of murder or physical injuries
and abortion. [Id]
Impossible Crime
If the woman turns out not to be pregnant and
someone performs an abortion upon her, he is
liable for an impossible crime if the woman
suffers no physical injury. [Id]
Abortion v. Infanticide
Abortion [Art.
Infanticide [Art. 255]
256]
Fetus could not
Fetus could sustain
sustain
an independent life
independent life.
after separation from
No legal viability.
the mother’s womb.
l. Article
257
Abortion
-
Unintentional
Elements: [PVID]
1. There is a Pregnant woman;
2. Violence is used upon such pregnant
woman without intending an abortion;
3. The violence is Intentionally exerted;
4. Result of violence – fetus Dies, either in the
womb or expelled therefrom
Killed by Husband
If the pregnant woman was killed by violence
by her husband, the crime committed is the
complex crime of parricide with unintentional
abortion. [Id]
Intentional Abortion vs. Unintentional
Abortion
Intentional
Unintentional
Abortion
Abortion [Art. 257]
[Art. 256]
As to Mode of Commission
Committed by:
1. Using any
violence upon the Committed only by
violence, that is,
person of the
actual physical force.
pregnant woman
2. Acting without
using violence
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and without the
consent of the
woman (e.g.,
administering
drugs or
beverages upon
her)
3. Acting with the
consent of the
pregnant woman
(e.g.,
administering
drugs or
beverages)
As to Intent
Violence inflicted
upon the pregnant
woman is
Abortion is intended intentionally exerted
by the accused, but
without intending an
abortion.
As to Knowledge of Pregnancy
Accused has knowledge as to the
pregnancy of the woman.
m. Article 258 - Abortion Practiced by
the Woman Herself or by Parents
Elements: [PIC-HCP]
1. There is a Pregnant woman who suffered
an abortion;
2. Abortion is Intended;
3. Abortion is Caused by –
a. Pregnant woman Herself;
b. Any other person, with her Consent; or
c. Any of her Parents, with her consent for
the purpose of concealing her
dishonour.
Liability:
a. Pregnant Woman – under (a), (b), (c);
liable under this Article
b. Third Person - under (b); liable under Art.
256 (Intentional Abortion)
c. Parents – if the parents acted with the
pregnant woman’s consent under (c) to
conceal her honor, they are also liable
under this article. [REYES, Book 2]
CRIMINAL LAW
Mitigating Circumstances
Penalty of pregnant woman is mitigated if her
purpose is to conceal her dishonor. [RPC, Art.
258(2)] There is no mitigation for parents of the
pregnant woman even if the purpose is to
conceal dishonor in abortion, unlike in
infanticide. [RPC, Art. 258(1)]
Intentional Abortion vs. Abortion Practiced
by the Woman Herself
Abortion Practiced
Intentional
by the Woman
Abortion
Herself
[Art. 256]
[Art. 258]
As to Liability
Third person who
Only the woman
caused the abortion herself or her parents
is liable
can be liable
As to Consent
Woman must have
consented to the
Abortion could have abortion.
been done with or
without the consent Parents are liable if
of the pregnant they acted with the
woman.
pregnant woman’s
consent to conceal
her dishonor
n. Article 259 - Abortion by a
Physician
or
Midwife
and
Dispensing of Abortives
Persons Liable
1. Physician or midwife who, taking
advantage of their scientific knowledge or
skill, shall cause an abortion or assist in
causing an abortion.
2. A pharmacist who, without proper
prescription from a physician, shall
dispense any abortive. [RPC, Art. 259]
Elements (for Physicians or Midwifes):
[PIPA]
1. Pregnant suffered an abortion;
2. Abortion is Intended;
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3. Offender is a Physician or midwife, who
caused or assisted in causing the abortion;
and
4. Said physician or midwife took Advantage
of his or her scientific knowledge or skill.
Elements (for Pharmacists): [PPD]
1. Offender is a Pharmacist;
2. No proper Prescription from a physician;
and
3. Offender Dispenses any abortive.
Imposable Penalty
The penalties provided for intentional abortion
shall be imposed in the maximum period.
[REYES, Book 2]
It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion.
What is punished is the dispensing of the
abortive without the proper prescription. It is
not necessary that the abortive be actually
used either. [REYES, Book 2]
SECTION 3. DUEL
o. Article 260 - Responsibility of
Participants in a Duel
Modes: [DIC]
1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
injuries; or
3. Making a Combat although no physical
injuries have been inflicted.
Persons Liable: [KS]
1. The person who Killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
2. The Seconds, as accomplices.
Definition of Terms
1. Duel - Formal or regular combat previously
concerted between 2 parties in the
presence of two or more seconds of lawful
age on each side, who make the selection
of arms and fix all other conditions of the
fight. [REYES, Book 2]
CRIMINAL LAW
2. Seconds - Persons who make the
selection of arms and fix the other
conditions of the fight. [Id]
Imposable Penalty if Death Results
If death results, the penalty is the same as that
for homicide. [Id]
Pre-Concerted Agreement to Fight
Self-defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the
attack was made by the accused against his
opponent before the appointed place and time,
there is an unlawful aggression, hence, selfdefense can be claimed. [Justo v. CA, G.R. No.
L-8611]
p. Article 261 - Challenging to a Duel
Modes: [CIS]
1. Challenging another to a duel;
2. Inciting another to give or accept a
challenge to a duel; or
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel.
Persons Responsible:
1. Challengers
2. Instigators [REYES, Book 2]
Challenging to Duel Different from
Challenging to Fight
The person making the challenge must have in
mind a formal combat to be concerted between
him and the one challenged in the presence of
two or more seconds. [REYES, Book 2]
2. Chapter II: Physical Injuries
a. Article 262 – Mutilation
Mutilation
Lopping or clipping off of some part of the body
[REYES, Book 2]
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Punishable Acts:
Mode 1: Castration
Mode 2: Mayhem
As to Body Part
Castration is the Lopping or clipping
mutilation of organs off any part of the
necessary
for body of the offended
generation; deprives party, other than the
the offended, either essential organ for
totally or partially, of reproduction,
to
some
essential deprive him of that
organ
for part of his body.
[REYES, Book 2]
reproduction.
[REYES, Book 2]
As to Purpose
Mutilation is caused Purposely and
deliberately
Intent
Offender must have the intention to deprive the
offended party of a part of his body. If there is
no such intention, the crime will be serious
physical injuries. [REYES, Book 2]
b. Article 263 - Serious Physical
Injuries
Modes of Commission: [WoBAA]
1. By Wounding;
2. By Beating;
3. By Assaulting; or
4. By Administering injurious substance. (Art.
264)
Serious Physical Injuries
They are when the injured person, in
consequence of the physical injuries inflicted—
[I-SMI-DMUI90-30]
1. Becomes Insane, imbecilic, impotent or
blind
2. If the person injured:
a. Loses the use of Speech or the power to
hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg, or
b. Loses the use of any such Member; or
c. Becomes Incapacitated for the work in
which he was theretofore habitually
engaged, in consequence of the physical
injuries inflicted;
3. If the person injured:
CRIMINAL LAW
a.
b.
c.
d.
Becomes Deformed; or
Loses any other Member of his body; or
Loses the Use thereof; or
Becomes Ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90
days;
4. Becomes ill or incapacitated for labor for
more than 30 days (but must not be more
than 90 days).
Intent to Kill
In physical injuries, there must be no intent to
kill, otherwise the crime is frustrated/attempted
murder or homicide as the case may be. [Id]
Physical Injuries v. Attempted or Frustrated
Homicide
Attempted or
Physical Injuries
Frustrated
[Art. 263]
Homicide [Art. 249]
May be committed
even if no physical
No intent to kill
injuries are inflicted
offended party
and the offender has
intent to kill party
Characteristics of par. 1
● Insanity – deranged or perverted condition
of mental faculties and is manifested in
language and conduct. [People v.
Domingo, G.R. No. 184343]
● Imbecility - a more or less advanced
decay and feebleness of the intellectual
faculties [Black’s Law Dictionary]
● Impotence - an inability to copulate,
includes sterility.
● Blindness - must be of two eyes [REYES,
Book 2]
● Penalty is 1 degree higher when the victim
is under 12 years of age. [Sec. 10, RA
7610]
Characteristics of par. 2
● Loss of power to hear - must be of both
ears. If hearing in only one ear is lost, it falls
under par. 3.
● Blindness – requires the loss of an eye
only, thus mere weakness of vision is not
contemplated [id.]
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●
●
CRIMINAL LAW II
Loss of the use of hand or incapacity for
work - must be permanent.
All the body parts mentioned are principal
members of the body (eye, hand, foot etc.)
[Id]
Characteristics of par. 3
● It covers any other part of the body which
is not a principal member of the body.
● Fingers of the hand are not principal
members and the loss of such fall under the
third type. However, if it is proven that the
loss of the fingers resulted in the loss of the
use of the hand itself, it would fall under the
second type. [US v. Punsalan, G.R. No.
7539 (1912)]
Elements of Deformity: [UAV]
1. Physical Ugliness,
2. Permanent and definite Abnormality,
and
3. Conspicuous and Visible.
Illness or Incapacity under Pars 2, 3, and 4.
● What is required is illness or incapacity and
not medical attendance. [REYES, Book 2]
● Injured party must have a vocation at
the time of the injury - Incapacity
therefore must relate to a certain kind of
work only [Id.]
● Work - includes studies or preparation for
a profession. Mere lessening of efficiency
due to injury is not incapacity. [Id]
● Type of Work
a. Par. 3 – work in which the offended party
is habitually engaged
b. Par. 4 – any type of labor
No Attempted or Frustrated Physical
Injuries
This felony is defined by the gravity of the
injury. It is a crime of result. As long as there is
no injury, there can be no attempted or
frustrated stage thereof. [Id]
CRIMINAL LAW
Qualifying Circumstances:
1. If it is committed against any of the persons
referred to in the crime of parricide under
Article 246;
2. If any of the circumstances qualifying
murder attended its commission. [Art. 263,
RPC]
NOTE: The said qualified penalties are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement [Art, 263(7), RPC]]
c. Article
264
Administering
Injurious
Substances
or
Beverages
Elements: [IKI]
1. Offender Inflicted any serious physical
injury;
2. It was done by Knowingly administering to
him any injurious substance or beverages or
by taking advantage of his weakness of
mind or credulity; and
3. There was no Intent to kill.
NOTE: Art 264 does not apply when the
Physical Injuries Resulted to Less Serious or
Light as they will be treated under Art. 265 or
Art. 266, as the case may be. [Id]
d. Article 265 - Less Serious Physical
Injuries
Elements: [IMP]
1. Offended party:
a. Is Incapacitated for labor for 10 days or
more (but not more than 30 days); or
b. Needs Medical attendance for the same
period of time;
2. Physical injuries must not be those
described in the Preceding articles.
Committed through Reckless Imprudence
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence
or negligence under Art. 365 in relation to Art.
263. [Id]
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Qualified Less Serious Physical Injuries
Addition of a Fine
not exceeding
Higher Penalty
P50,000
Imposed
[Sec. 60, RA 10951
in re: Art. 265]
The victim is either:
1. Offender’s
1. There
is
a
parents,
manifest intent to
ascendants,
insult or offend
guardians,
the
injured
curators
or
person; or
teachers; or
2. There
are 2. Persons of rank or
circumstances
person
in
adding ignominy
authority,
to the offense.
provided
the
crime is not direct
assault.
e. Article 266 - Slight Physical
Injuries and Maltreatment
Modes [1-9-PI]
1. Physical injuries incapacitated the offended
party for labor from 1-9 days, OR required
medical attendance during the same period;
2. Physical injuries did not Prevent the
offended party from engaging in his habitual
work or did not require medical attendance;
or
3. Ill-treatment of another by deed without
causing any injury.
Duration
of Incapacity or Medical
Attendance
In the absence of evidence as to the duration
of the offended party’s incapacity for labor or
medical attendance, the crime is only slight
physical injuries. [People v. Arranchado, G.R.
No. L-13943]
Supervening Event Converting the Crime
Supervening event converting the crime into
serious physical injuries after the filing of the
information for slight physical injuries can still
be the subject of amendment or of a new
charge. [People v. Manolong, G.R.No. L-2288]
CRIMINAL LAW
Slapping of Offended Party
General Rule: Slapping is a form of illtreatment which is a form of slight physical
injuries.
Exception: If the slapping is done to cast
dishonor upon the person slapped, or to
humiliate or embarrass the offended party out
of a quarrel or anger, the crime is slander by
deed. [REYES, Book 2]
Summary:
Gravity
Serious
[Art. 263]
Less
Serious
[Art. 265]
Slight
[Art. 266
Injury
Incapacity from
habitual work
Illness/incapaci
ty from habitual
work
Illness/incapaci
ty from labor
Incapacity from
labor/medical
attendance
required
Incapacity from
labor/medical
attendance
required
Physical
injuries which
did not prevent
the
offended
party
from
engaging
in
habitual work
nor
did
it
require medial
attendance
Days
Permanent
Over 90
days
31-90 days
10-30 days
1-9 days
Regardless
of Days
Physical Injuries vs. Attempted or
Frustrated Homicide
Physical Injuries
Attempted or
[Art. 263, 265, 266]
Frustrated
Homicide
Existence of Physical Injuries
General Rule: The
May be committed
offender must have
even if no physical
inflicted physical
injuries inflicted
injuries
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Exception:
Maltreatment
266(3))
CRIMINAL LAW II
(Art.
Intent to Kill
No intent to kill the
With intent to kill
offended party
offended party
3. Chapter III : Rape
a. Article 266 - A – Rape (as amended
by RA 8353)
Mode 1: Rape by Sexual Intercourse
Elements: [MCC-FRM12]
1. Offender is a Man;
2. Offender had Carnal knowledge of a
woman;
3. Such act is accomplished under any of the
following Circumstances:
a. By using Force, threat or intimidation;
b. When the woman is deprived of Reason
or is otherwise unconscious;
c. By means of fraudulent Machination or
grave abuse of authority; or
d. When the woman is under 12 years of
age (Statutory Rape) or is demented.
Mode 2: Rape through Sexual Assault
Elements: [SM-PI-C-FDM12]
1. Offender commits an act of Sexual assault;
2. Act is committed by any of the following
Means:
a. By inserting his Penis into another
person's mouth or anal orifice; or
b. By inserting any Instrument or object into
the genital or anal orifice of another
person;
3. Act is accomplished under any of the
following Circumstances:
a. By using Force or intimidation; or
b. When the woman is Deprived of reason
or otherwise unconscious; or
c. By means of fraudulent Machination or
grave abuse of authority; or
d. When the woman is under 12 years of
age or demented.
CRIMINAL LAW
Chronological Age or Intellectual Disability
In determining whether a person is twelve (12)
years of age under par. (d), the interpretation
should be in accordance with either the
chronological age of the child if he or she is not
suffering from intellectual disability, or the
mental age if intellectual disability is
established. [People v. Quintos, G.R. No.
199402, (2014)]
Classifications of Rape
Rape by Sexual
Sexual Assault
Intercourse
As to Offended Party
Against a Woman or
Against a Woman
Man
As to Offender
Can
now
be
committed by a man
or woman, that is, if a
Always a man
woman or a man
uses an instrument
on an orifice of male
or woman
As to Commission of Offense
Inserting a finger
inside the genital of a
woman or man is
Sexual intercourse
rape through sexual
assault within the
context of object
Complete Penetration is Not Necessary
In rape, from the moment the offender has
carnal knowledge of the victim, he actually
attains his purpose, all the essential elements
of the offense have been accomplished.
[People v. Orita, G.R. No. 88724 (1990)]
Moreover, it is not the number of times that
appellant ejaculated but the penetration or
‘touching’ that determines the consummation
of the sexual act. [People v. Ferrer, G.R. No.
142662 (2001); People v. Orilla, G.R. Nos.
148939-40 (2004)]
NOTE: There is NO crime of frustrated rape.
[Id]
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CRIMINAL LAW
Rules on Accompanying Circumstances
1. Force, Threat or Intimidation – It is not
necessary that the force employed against
the complaining woman in rape be so great
or of such a character as could not be
resisted. It is enough that the force used is
sufficient to consummate the culprit's
purpose of copulating with the offended
woman [People vs. Savellano, G.R. No. L31227 (1974)].
2. Deprived of Reason or Unconscious –
means that the victim has no will to give
consent intelligently and freely. [REYES,
Book 2]
3. Drowsiness - state of being drowsy, i.e.,
ready to fall asleep or half-asleep. [People
v. Siarza, G.R. No. L-111682 (1997)]
4. Statutory Rape - rape of a woman who is
below 12 years of age; victim is
conclusively presumed incapable of giving
consent to sexual intercourse with another.
[People v. Negosa, G.R. Nos. 142856-7
(2003)]
1. Fathers against their daughters [People v.
Bayona, G.R. No. 133343 (2000)]
2. Stepfathers against their stepdaughters
[People v. Vitor, G.R. No. 113690 (1995)]
3. A godfather against his goddaughter
[People v. Casil, G.R. No. 110836 (1995)]
4. Uncles against their nieces [People v.
Betonio, G.R. No. 119165 (1997)]
5. The first cousin of the victim’s mother
[People v. Perez, G.R. No. 129213 (1999)]
Rule on Resistance
General Rule: The law requires manifest and
tenacious resistance. A verbal refusal alone
will not do. There must be physical struggle,
taxing her powers to the utmost. Thus, mere
initial resistance of the offended party in rape
cases is not enough [REYES, Book 2 citing
People vs. Lago, CA, 45 OG 1356]
Evidence
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or Where the offended party is
so situated as to render him/her incapable of
giving his consent. [REYES, Book 2]
Exception: Where the victim resists, and the
resistance would be futile, even offering none
at all does not amount to consent to the sexual
assault. [People vs. Las Piñas, Jr. G.R. No.
133444, (2002)]
Qualified and Simple Seduction; When
Absorbed
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of
qualified and simple seduction. [Id]
Seclusion Not Necessary
Rape may, likewise, be committed in a room
adjacent to where the victim's family is
sleeping, or even in a room shared with other
people. [People v. Glivano, G.R. No. 177565
(2008)]
Sweetheart Doctrine
Operates on the theory that the sexual act is
consensual. It requires proof that the accused
and the victim were lovers and that she
consented to the sexual relations. [People v.
Udang, G.R. No. 210161, (2018)]
NOTE: When the offender in rape has an
ascendancy on influence over the girl i.e. a
father over his daugher, it is not necessary that
she put up a determined resistance. [People v.
Metin, G.R. No. 140781 (2003)]
It was previously ruled that being sweethearts
does not negate the commission of rape
because such does not give the appellant the
license to have sexual intercourse against the
victim’s will [People vs. Olesco, G.R. No.
174861, (2011)]
Moral Ascendancy or Influence
Moral ascendancy or influence exercised by
the accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
However, in the later case of People vs. Udang
[id.], it has been ruled that the theory may apply
in acts of lasciviousness and rape, felonies
committed against or without the consent of the
victim, it operates on the theory that the sexual
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act was consensual. It requires proof that the
accused and the victim were lovers and that
she consented to the sexual relations.
Exception: Sweetheart doctrine cannot be
invoked in instances involving sexual
intercourse and lascivious conduct involving
child abuse cases under RA 7610, where the
victim abused cannot validly give their consent
to another person. In cases involving minors,
consent is immaterial [id.].
Rape Shield Rule
Character of the offended woman is immaterial
in rape. [People vs. Udang, id.]
Marital Rape
Prior to RA 8353, a husband cannot be guilty
of rape, however, under Art. 266-C of RA 8353,
he may now be held guilty. [People v.
Jumawan, G.R. No. 187495 (2014)]
Special Complex Crime
1. When the rape is attempted and a
homicide is committed by reason of or on
the occasion of attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.
[REYES, Book 2]
b. Article 266 - B – Qualified Rape
Qualifying Circumstances
1. If the victim: [18-C-7-M]
b. Is under 18 yrs. old, & the offender is a
parent,
ascendant,
step-parent,
guardian, relative by consanguinity or
affinity w/in the 3rd civil degree, or the
common law spouse of the parent of the
victim
c. Is under the Custody of the police /
military authorities / law enforcement
agency
d. Is a religious and such legitimate
vocation is known by the offender before
or at the time of rape
e. Is a child below 7 yrs. old;
f. Suffered
permanent
or
physical
Mutilation or disability by reason or on
the occasion of rape
2. If the offender: [SAPMF]
CRIMINAL LAW
a. Is afflicted with a Sexually transmissible
disease & the virus / disease is
transmitted to the victim;
b. Is a member of the AFP / PNP / any law
enforcement agency / penal institution, &
took advantage of his position;
c. Knew of the Pregnancy of the offended
party at the time of the commission of
rape;
d. Knew of the Mental disability, emotional
disorder, or physical handicap of the
offended party at the time of the
commission of rape
3. If Rape is committed in Full view of the
spouse, parent, any of the children, or other
relatives w/in the 3rd civil degree of
consanguinity
NOTE: Special qualifying circumstances have
to be alleged in the information for it to be
appreciated. [People v. Gallo]
c. Art. 266 - C - Effect of Pardon
The following shall extinguish the criminal
action or the penalty imposed:
1. Subsequent valid marriage between the
offender and the offended party, but only
as to the husband.
2. Subsequent forgiveness by the wife as the
offended party when the legal husband is
the offender, provided their marriage is not
void ab initio. [REYES, Book 2]
Applicability of Pardon; Only to Principals
Pardon is not applicable to accomplices,
accessories and multiple rapes. Since rape is
now categorized as a crime against persons,
marriage extinguishes the penal action only as
to the principal. This does not apply where
multiple rape was committed because while
marriage with one defendant extinguishes
criminal liability, it cannot be extended to acts
committed by others. [REYES, Book 2]
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d. Art. 266 - D - Presumptions
Evidence which may be accepted:
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving
his/hear consent. [Art. 266-D, RPC]
I. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
1. Chapter I: Crimes Against
Liberty
SECTION 1. ILLEGAL DETENTION
a. Article 267 - Kidnapping
Serious Illegal Detention
and
Elements [PPu-K-I-MoSSTMiFP]:
1. Offender is a Private individual or a Public
Officer who has no duty under the law to
detain a person;
2. He Kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
3. Detention or kidnapping is Illegal; and
4. In the commission of the offense, any of the
following circumstances is present:
a. Kidnapping lasts for More than 3 days;
b. It is committed Simulating public
authority;
c. Any Serious physical injuries are
inflicted upon the person kidnapped or
detained or Threats to kill him are made;
or
d. Person kidnapped or detained is a
Minor, Female, or a Public officer.
Essential Element
The essential element of kidnapping is the
deprivation of the offended party’s liberty under
any of the four instances enumerated. [People
v. Suarez, G.R. No. L-27352 (1969)]]
CRIMINAL LAW
Lack of Consent is a Fundamental Element
The involuntariness of the seizure and
detention is the very essence of the crime.
Although the victim may have initially
consented to go with the offender to a place,
but the victim is thereafter prevented, with the
use of force, from leaving the place where he
was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention.
[People v. Pickrell, G.R. No. 120409 (2003)]
Detention is Illegal
Detention is illegal when it is not ordered by
competent authority nor permitted by law.
[REYES, Book 2]
Placing Victim in an Enclosure is Not
Necessary
It is not necessary that the victim be placed in
an enclosure, as long as he is deprived, in any
manner, of his liberty. It suffices that there be
actual or manifest restraint on the person or
liberty of the victim. [People v. Cortez, et al.,
G.R. Nos. 131619-20 (2000)]
Lack of Freedom to Leave at Will is
Sufficient
Leaving a child in the house of another, where
he had freedom of locomotion but not the
freedom to leave it at will, deprives him of
liberty [People v. Acosta, 60 O.G. 6999, cited
in REYES, Book 2].
Qualifying Circumstances: [RKDRT]
When any of the following circumstances are
present, the penalty shall be death:
1. Purpose is to extort Ransom.
2. When the victim is Killed or Dies as a
consequence of the detention.
3. When the victim is Raped.
4. When victim is subjected to Torture or
dehumanizing acts.
Ransom
Means money, price or consideration paid or
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required and it
does not matter whether or not ransom was
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actually paid. [People v. Jatulan, G.R. No.
171563 (2007)]
● Actual
demand
for
ransom
is
unnecessary, as long as it can be proven
that the kidnapping was done for the
purpose of extorting money. [REYES, Book
2]
● If kidnapping is for ransom, none of the
4 circumstances under Art. 267 needs to
be present. [People v. Cenahonon, G.R.
169962 (2007)]
Elements of Kidnapping for Ransom [LDR]
1. Intent on the part of the accused to deprive
the victim of Liberty
2. Actual Deprivation of liberty
3. Motive of the accused: extorting Ransom
for release of victim [People v. Ejandra,
G.R. No 174659 (2008)]
Special Complex Crime of Kidnapping with
Murder/Homicide
Where the person kidnapped is killed in the
course of the detention, regardless of whether
the killing was purposely sought or was merely
an afterthought, the crime is a special complex
crime and the maximum penalty shall be
imposed as provided by the last paragraph of
Art. 267. [People v. Ramos, G.R. No. 118570
(1998)]
When Murder and not Kidnapping
a. If the primary and ultimate purpose of
the accused is to kill the victim - the
incidental deprivation of the victim’s liberty
does not constitute kidnapping but is
merely a preparatory act to the killing and
is absorbed by the killing of the victim.
[People v. Delim, G.R. No. 142773 (2003)]
b. If from the acts of the accused it cannot
be inferred that the latter’s purpose was
to actually detain or deprive the victim
of his liberty - the subsequent killing of the
victim did not constitute the crime of
kidnapping. The demand for ransom does
not convert the crime into kidnapping, if no
deprivation of liberty was involved. [People
v Padica, G.R. No. 102645 (1993)]
CRIMINAL LAW
Illegal Detention v. Arbitrary Detention
[REYES, Book 2]
Illegal Detention
Arbitrary Detention
[Art. 267]
[Art. 124]
As to Offender
Private individual or
Public
public
officer/employee
officer/employee
with a legal duty to
who has no legal
detain persons
duty to detain a
person
As to Acts Committed
Offender kidnaps,
Public officer detains
detains, or
a person without
otherwise deprives a
legal ground.
person of liberty.
As to Classification
Crime against the
Crime against
fundamental laws of
personal liberty
the State
b. Article 268 - Slight Illegal Detention
Elements [PKIW]:
1. Offender is a Private individual;
2. He Kidnaps or detains another, or in any
other manner deprives him of his liberty.
3. Kidnapping or detention is Illegal; and
4. Crime was committed Without the
attendance of any of the circumstances
enumerated in Article 267.
Liability of Person Furnishing the Place
The liability of one who furnishes the place
where the offended party is being held captive
is that of a principal and not of an accomplice.
[REYES, Book 2]
Privileged Mitigating Circumstance [R3AC]
The penalty is lowered if:
1. Offended party is voluntarily Released
within 3 days from the start of illegal
detention;
2. Without Attaining the intended purpose; and
3. Before the institution of the Criminal action.
NOTE: Voluntary release will only mitigate
criminal liability if crime was slight illegal
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detention. If serious, it has no effect. [Asistio v.
Hon. San Diego, G.R. No. L-21991 (1964)]
c. Article 269 - Unlawful Arrest
Elements [ADN]
1. Offender Arrests or detains another person;
2. Purpose of the offender is to Deliver him to
the proper authorities; and
3. Arrest or detention is Not authorized by law
or there is no reasonable ground therefor.
Offender
The offender may be a private individual or a
public officer but the public officer must not be
vested with the authority to arrest or be acting
in his official capacity. [REYES, Book 2]
Arbitrary Detention v. Unlawful Arrest v.
Delay in the Delivery of Detained Persons
[REYES, Book 2]
Delay in
Unlawful
Arbitrary
Delivery of
Arrest
Detention
Detained
[Art. 269]
[Art. 124]
Persons
[Art. 125]
As to Offender
Any person
Public officer
As to Purpose of the Offender
Intention to
No intention
Intention to
bring the
to bring the
bring the
offender to
offender to
offender to
the proper
the proper
the proper
authority
authorities.
authority and
and file a
Intention is
file a case
case
merely to
detain him.
As to the Classification
Crime
Crime Against Fundamental
against
Law of the State
Liberty
Cause for Detention
Detention is without legal
Detention is
ground
for some
legal ground.
How Crime is Committed
By making
an arrest not
authorized
by law
CRIMINAL LAW
By detaining
a person
without legal
ground
although the
offender has
authority to
make arrests
By failing to
deliver such
person to the
proper
judicial
authority
within a
certain
period.
SECTION 2. KIDNAPPING OF MINORS
d. Article 270 - Kidnapping
Failure to Return a Minor
and
Elements [ED]:
1. Offender is Entrusted with the custody of a
minor person (under 18 years of age)
2. He Deliberately fails to restore the said
minor to his parents or guardians
When Offender is a Parent
The penalty if the offender is a parent, is that
provided in Art. 271 which is arresto mayor.
[REYES, Book 2]
Failure to Return a Minor included in
Kidnapping and Serious Illegal Detention
The deliberate failure to return a minor under
one’s custody constitutes deprivation of liberty.
Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious
illegal detention of a minor under Article 267(4).
[People v. Generosa, G.R. No. L-69236 (1986)]
Failure to Return Minor v. Serious Illegal
Detention
Kidnapping and
Failure to Return
Serious Illegal
a Minor
Detention of
[Art. 270]
Minors [Art. 267]
As to Offender
Offender is
Offender is not
entrusted with the
entrusted with the
custody of the minor custody of the
minor.
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Hence, where a
minor child was
taken without the
knowledge and
consent of his
parents, the crime is
kidnapping and
serious illegal
detention under
Article 267. [People
v. Mendoza, G.R.
No. 180501 (2008)]
As to Act Punished
What is punished is
What is punished is
the deliberate failure the illegal detaining
of the offender
or kidnapping of the
having custody of
minor
the minor to restore
him to his parents or
guardians
e. Article 271 - Inducing a Minor to
Abandon His Home
Elements [MI]:
1. Minor (under 18) is living in the home of his
parents or guardians or the person
entrusted with his custody; and
2. Offender Induces said minor to abandon
such home.
Requisites of Inducement
Inducement must be: [AID]
1. Actual,
2. Committed with criminal Intent, and
3. Determined by a will to cause Damage.
[REYES, Book 2]
Minor Need Not Actually Abandon his Home
The minor should not leave his home of his own
free will. What constitutes the crime is the act
of inducing a minor to abandon the home of his
guardian, and it is not necessary that the minor
actually abandons the home. [REYES, Book 2]
CRIMINAL LAW
and the custody of the minor children is given
to one of them. [REYES, Book 2]
SECTION 3. SLAVERY AND SERVITUDE
f. Article 272 – Slavery
Elements [PuSeKiDe-E]:
1. Offender Purchases, Sells, Kidnaps or
Detains a human being; and
2. Purpose of the offender is to Enslave such
person.
Qualifying Circumstance
The penalty is increased if the purpose of the
offender is to assign the offended party to some
immoral traffic. [REYES, Book 2]
g. Article 273 - Exploitation of Child
Labor
Elements [RAD]:
1. Offender Retains a minor in his services;
2. It is Against the will of the minor; and
3. It is under the pretext of reimbursing himself
of a Debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor.
h. Article 274 - Services Rendered
Under Compulsion in Payment of
Debt
Elements [HoLA-Pay]:
1. Offender compels a debtor to work for him,
either:
a. As a Household servant; or
b. Farm Laborer;
2. It is Against the debtor’s will;
3. Purpose is to require or enforce Payment of
a debt.
Parents may Commit the Crime
Father or mother may commit the crimes in Art.
170 and 171 where they are living separately
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Service under Compulsion v. Exploitation
of Child Labor
Service under
Exploitation of
Compulsion
Child Labor
[Art. 274]
[Art. 273]
As to the Victim
Does not distinguish
Victim must be a
whether or not the
minor
victim is a minor
As to the Person Compelled to Work
The minor is
The debtor himself
is the one compelled compelled to render
services for the
to work for the
supposed debt of
offender
his parents or
guardian
As to Nature of Work
Limited to household
Service is not limited
work or farm labor
2. Chapter II: Crimes Against
Security
SECTION
1.
ABANDONMENT
OF
HELPLESS PERSONS AND EXPLOITATION
OF MINORS
a. Article 275 - Abandonment of
Persons
in
Danger
and
Abandonment of Own Victim
Punishable Acts [UAC]
1. Failing to render assistance to any person
whom the offender finds in an Uninhabited
place, wounded or in danger of dying when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense.
2. Failing to help or render assistance to
another
whom
the
offender
has
Accidentally wounded or injured;
3. Failing to deliver a Child, under seven
years of age, whom the offender has found
abandoned, to the authorities or to his
family, or by failing to deliver him to a safe
place.
CRIMINAL LAW
Elements of the First Punishable Act
[UWWF]:
1. Place is Uninhabited;
2. Accused found there a person Wounded or
in danger of dying;
3. Accused can render assistance Without
detriment to himself; and
4. Accused Fails to render assistance.
Uninhabited Place
Whether a place is to be considered
uninhabited or not depends on the possibility of
a person receiving assistance from another.
The place may still be considered uninhabited
even if there are many houses around if the
possibility of receiving assistance is remote
[id.]
NOTES:
● This provision does not apply when the
offender intentionally wounds another
[REYES, Book 2]
● The child under 7 years old must be found
in an unsafe place [id]
● It is immaterial that the offender does not
know that the child is under seven. [id]
b. Article 276 - Abandoning a Minor
Elements [CSAN]:
1. Offender has the Custody of a child;
2. Child is under Seven years of age;
3. He Abandons such child; and
4. He has No intent to kill the child when the
latter is abandoned.
Qualifying Circumstances [DD]:
1. When the Death of the minor resulted from
such abandonment; or
2. If the life of the minor was in Danger
because of the abandonment.
Abandonment
Permanent,
conscious
and
deliberate
abandonment is required. Abandonment is not
the momentary leaving of a child but is a
deprivation of care and protection from danger
to his person. [People v. Bandian, G.R. No.
45186 (1936)]
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No Presumption of Intent to Kill
The ruling that the intent to kill is presumed
from the death of the victim of the crime is
applicable only to crimes against persons, and
not to crimes against security, particularly the
crime of abandoning a minor under Art. 276.
[REYES, Book 2]
Loss of Parental Authority
If the offender is the parent of the minor who is
abandoned, he shall be deprived of parental
authority. [Art. 332, New Civil Code]
c. Article 277 - Abandonment of
Minor by Person Entrusted With
Custody; Indifference of Parents
Punishable Acts [DEd]:
1. Delivering a minor to a public institution or
other persons without the consent of the
one who entrusted such minor to the care
of the offender or, in the absence of that
one, without the consent of the proper
authorities;
Elements [RedC]:
a. Offender was in charge of the Rearing
or education of a minor;
b. He Delivers said minor to a public
institution or other persons; and
c. No Consent was obtained from the one
who entrusted such child to the
offender; or if such person is absent, the
proper authorities have not consented
to it.
2. Neglecting his (offender’s) children by not
giving them the Education which their
station in life requires and financial
condition permits
Elements [PES]:
a. Offender is a Parent;
b. He neglects his children by not giving
them Education; and
c. His Station in life requires such
education and his financial condition
permits it.
CRIMINAL LAW
Notes:
a. Termination of obligation to educate
children – such obligation terminates if
the mother and children refuse without
good reason to live with the accused.
[People v. Miraflores, C.A.-G.R. No.
43384]
b. Failure to give education must be due
to deliberate desire to evade such
obligation – if the parents cannot give
education because they had no means
to do so, then they will not be liable under
this article. [REYES, Book 2]
Abandonment of Minor by Person
Entrusted with Custody v. Abandonment of
a Minor
Abandonment by
Abandonment of
Person Entrusted
Minor
with Custody
[Art. 276]
[Art. 277]
As to Custody of the Offender
Custody specific to
the rearing or
Custody in general
education of the
child
As to Age of the Minor
Minor must be under Minor must be under
18
7
As to Act of Abandonment
Minor is abandoned
Minor is delivered to
in such a way as to
a public institution or
deprive him of care
other person
and protection
d. Article 278 - Exploitation of Minors
Punishable Acts [DEDDI]:
1. Causing any boy or girl under 16 years of
age to perform any Dangerous feat of
balancing, physical strength or contortion,
the offender being any person;
2. Employing children under 16 years of age
who are not the children or descendants of
the offender in Exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-animal
tamer, the offender being an acrobat, etc.,
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or circus manager or engaged in a similar
calling;
3. Employing any Descendant under 12 years
of
age
in
dangerous
exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of the said callings;
4. Delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in mode 2, or to
any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any capacity
with the care of such child;
5. Inducing any child under 16 years of age to
abandon the home of its ascendants,
guardians, curators or teachers to follow
any person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the
offender being any person.
Qualifying Circumstances:
Delivery of the child in consideration of any
price, compensation, or promise. [Art. 278,
RPC]
Other Effects if Offender is Convicted:
1. Guardian or Curator – shall be removed as
such.
2. Parents – may be deprived of their parental
authority, temporarily or perpetually, at the
court’s discretion [Art. 278, RPC].
Exploitation of Minors v. Inducing a Minor
to Abandon his Home [REYES, Book 2]
Exploitation of
Inducing a Minor
Minors [Art. 278,
to Abandon His
par. 5]
Home [Art. 271]
As to Purpose
Purpose is to follow
Purpose is to simply
any person engaged
induce the minor to
in any of the callings
leave his home.
mentioned
As to Age of Victim
Victim is under 16
Victim is a minor
years or 12 years of
(below 18 years of
age
age)
CRIMINAL LAW
Summary of Ages of Minors
Minor is one who is:
1. Below 18 years of age
a. Kidnapping and Failure to Return a
Minor [Art. 270]
b. Abandonment of Minor Entrusted
with His Custody; Indifference of
Parents [Art. 277]
c. Swindling a Minor [Art. 317]
2. Below 16 years of age
a. Exploitation of Minors (Pars. 1, 2, 4
and 5) [Art. 278]
3. Below 12 years of age
a. Exploitation of Minors (Par. 3) [Art.
278]
4. Below 7 years of age
a. Abandoning a Minor [Art. 276]
b. Abandonment of helpless persons
in danger and abandonment of
one’s own victim (Par 3) [Art.
275(3)]
e. Article 279 – Additional Penalties
for Other Offenses
Other Penalties may be Imposed
The penalties prescribed in Art 275-278 shall
not prevent the imposition of penalties under
other provisions of the RPC upon the same
offender.
SECTION 2. TRESPASS TO DWELLING
f. Article 280 - Qualified Trespass to
Dwelling
Elements [PEW]
1. Offender is a Private person;
2. He Enters the dwelling of another; and
3. Such entrance is against the latter’s Will.
Qualifying Circumstance:
Offense is committed by means of violence or
intimidation.
Dwelling Place
The place that a person inhabits. It is any
building or structure exclusively devoted for
rest and comfort. It includes the dependencies
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CRIMINAL LAW
which have interior communication with the
house. [REYES, Book 2]
dwelling as an aggravating circumstance
[REYES, Book 2]
It is not necessary that it be the permanent
dwelling of the person. A person’s room in a
hotel may be considered a dwelling. It also
includes a room where one resides as a
boarder. [REYES, Book 2]
Owners may be Guilty of Trespass
Trespass may be committed by the owner of a
dwelling (i.e. lessor enters the house leased to
another against the latter’s will). [People v.
Almeda et al.,15 Phil 223]
Authority to Invite into House
All members of a household are presumed to
have authority to extend an invitation to enter
the house. [US v. Dulfo, G.R. No. 4133 (1908)]
What is Not Considered Trespass [PSC]:
1. Entrance to another’s dwelling made for the
purpose of Preventing some serious harm
to himself, the occupants of the dwelling, or
a third person.
2. If the purpose is to render some Service to
humanity or justice.
3. If the place where entrance is made is a
Café, tavern, inn, and other public house,
while the same are open.
Prohibition Required
General Rule: Prohibition must be in existence
prior to or at the time of entrance. The entrance
must be against the presumed, or implied, or
express prohibition of the occupant. Lack of
permission does not amount to prohibition.
[People v. De Peralta, G.R. No. 17332 (1921)]
Exception: Prohibition is not necessary when
violence or intimidation is employed by the
offender (qualified trespass). [REYES, Book 2]
● Violence or intimidation may take place
immediately after the entrance [US v.
Arceo, G.R. No. 1491 (1904)]
Implied Prohibition
1. If the entry is made by a way not intended
for entry, it is presumed to be against the will
of the occupant (example, entry through a
window). [REYES, Book 2]
2. When one enters the dwelling of another at
late hour of the night after the occupants
have retired and closed their doors does so
against their will. Prohibition is presumed.
[US v. Mesina, G.R. No. 6717 (1911); US v.
Panes, G.R. 7987 (1913)]
Crime Committed if a Person is Killed
If a person was killed after trespass by the
offender, the following crimes are committed:
1. If there was no intent to kill when he
entered: separate crimes of homicide or
murder qualified by trespass to dwelling.
2. If there was intent to kill when he
entered: the crime is homicide/murder with
Violation of Domicile vs. Trespass to
Dwelling
Violation of
Trespass to
Domicile [Art. 128]
Dwelling [Art. 280]
Classification
Crimes against
Crime against
Fundamental Laws
Security
of the State
As to Offender
Public officer or
employee, not
Private individual
authorized by any
judicial order
As to Manner of Commission
1. Entering the
dwelling against
the will of the
owner
Entering the
2. Surreptitiously
dwelling against the
entering the
will of the owner.
swelling and
refusing to leave
after being
required to do
so.
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g. Article 281 - Other Forms of
Trespass
Elements [CUMN]:
1. Offender enters the Closed premises or the
fenced estate of another;
2. Entrance is made while either of them is
Uninhabited;
3. Prohibition to enter is Manifest; and
4. Trespasser has Not secured the permission
of the owner or the caretaker thereof.
Premises
“Premises” signifies distinct and definite
locality. It may mean a room, shop, building or
definite area, but in either case, locality is fixed.
[REYES, Book 2]
Qualified Trespass v. Other Forms of
Trespass [REYES, Book 2]
Qualified Trespass
Other Forms of
to Dwelling [Art.
Trespass [Art. 281]
280]
As to Offender
Offender is a private Offender
is
any
person
person
As to the Premises Entered
Offender enters
Offender enters a
closed premises or
dwelling
fenced estate
As to Place
Place entered is
Place entered is
inhabited
uninhabited
As to Act Punished
Entering the closed
premises or the
Entering the
fenced estate
dwelling against the
without securing the
will of the owner
permission of the
owner or caretaker.
As to Prohibition
Prohibition to enter is Prohibition to enter
express or implied
must be manifest
CRIMINAL LAW
SECTION 3. THREATS AND COERCION
h. Article 282 - Grave Threats
Punishable Acts [AWC]
1. Threatening another with the infliction upon
his person, honor or property or that of this
family of any wrong amounting to a crime
and demanding money or imposing any
other condition, even though not unlawful,
and the offender Attained his purpose;
2. Making such threat Without the offender
attaining his purpose;
3. Threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a Crime,
the threat not being subject to a condition.
Elements:
Mode 1:
Mode 2:
Mode 3:
Threatening
Threat w/o
Threat of
, even if not
attaining
crime
unlawful
purpose
[TCNN]
[TCDN]
[TCDA]
1. Offender Threatens another person with
the infliction upon the latter’s person, honor
or property, or upon that of the latter’s
family, of any wrong.
2. Such wrong amounts to a Crime.
3. There is a Demand for
3. Threat is
money or that any other
Not subject
condition is imposed, even
to a
though not unlawful.
condition.
4. Offender
4. Offender
Attains his
does Not
purpose.
attain his
purpose.
Third Type of Grave Threats
The third type of grave threats must be serious
and deliberate; the offender must persist in the
idea involved in his threats. The threat should
not be made in the heat of anger, because such
is punished under Article 285. If the condition
is not proved, it is grave threats of the third
type. [REYES, Book 2]
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Qualifying Circumstance:
If the threat was made in writing or through a
middleman, penalties imposed will be that of
the maximum period. [REYES, Book 2]
Offended Party Need Not be Present
It is not necessary that the offended party was
present at the time the threats were made. It is
sufficient that the threats came to the
knowledge of the offended party. [REYES,
Book 2]
When Consummated
As soon as the threats came to the knowledge
of the offended party. [REYES, Book 2]
Commission of Crime Threatened
If there is another crime actually committed or
the objective of the offender is another crime
and the threat is only a means to commit or a
mere incident to its commission, the threats are
absorbed by the latter. [REYES, Book 2]
Example: When threats are made and money
or property is demanded on the spot, the crime
may be robbery with intimidation. [US v.
Osorio, G.R. No. 6660 (1912)]
Sec. 1(h) of PD 1829 (Obstruction of
Justice)
Threatening the infliction of any wrong upon
another’s person, honor, or property or that of
any of his immediate family members or the
imposition of a condition, whether lawful or
unlawful, shall be punished as obstruction of
justice when the purpose of such is to prevent
a person from appearing in the investigation of,
or official proceedings in criminal cases. [Sec
1(h), P.D. No. 1829]
i. Article 283 - Light Threats
Elements [T-N-D-AN]:
1. Offender makes a Threat to commit a
wrong;
2. Wrong does Not constitute a crime;
3. There is a Demand for money or that other
condition is imposed, even though not
unlawful; and
CRIMINAL LAW
4. Offender has Attained his purpose or, that
he has Not attained his purpose.
NOTE: Blackmailing may be punished under
this article. [REYES, Book 2]
Grave Threats v. Light Threats [REYES,
Book 2]
Grave Threats
Light Threats
[Art 282]
[Art 283]
Acts Threatened to be Committed
Act threatened does
Act threatened
not amount to a
amounts to a crime
crime
As to Demand for Money
Demand for
money/imposition of
Demand is not an
any condition is an
essential element
essential element
under mode 3.
whether attained or
not.
j. Article 284 - Bond for Good
Behavior
When a Person is Required to Give Bail
Bond
When the offender threatens another under the
circumstances mentioned in:
1. Art. 282 (Grave Threats); or
2. Art. 283 (Light Threats).
Bond for Good Behavior v. Bond to Keep
the Peace
Bond for Good
Bond to Keep the
Behavior
Peace
[Art 284]
[Art 35]
As to Applicability to Cases
Applicable only to
Not applicable to
grave threats and
any particular case
light threats
Effect of Failure to Give
He shall be
He shall be detained
sentenced to
for a period not
destierro.
exceeding 6 months
(if prosecuted for
grave/less grave
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felony) or not
exceeding 30 days
(light felony)
As a Penalty
Not a distinct
penalty
[REYES, Book 2]
A distinct penalty
k. Article 285 – Other Light Threats
Punishable Acts [WDACN]
1. Threatening another with a Weapon;
2. Drawing such weapon in a quarrel, unless it
be in lawful self-defense;
3. Orally threatening another, in the heat of
Anger, with some harm constituting a
Crime, without persisting in the idea
involved in his threat; and
4. Orally threatening to do another any harm
Not constituting a felony.
If Uttered in Anger
If the threats are directed to a person who is
absent and uttered in a temporary fit of anger,
the offense is only other light threats. [People
v. Fontanilla, G.R. No. 39248 (1934)]
Other Light Threats v. Grave/Light Threats
Other Light
Grave Threats
Threats
and Light Threats
[Art 285]
[Arts. 282 and 283]
As to Demand/Condition
No demand for
In certain cases,
money or condition
demand or condition
is imposed
is material
As to Threat
Threat is not
Threat is deliberate
deliberate
l. Article 286 - Grave Coercions
Threats v. Coercion
Threats
Coercion
As to Threatened Harm
Threatened harm
Threatened harm is
must be imminent,
future and
actual, and
conditional
immediate
CRIMINAL LAW
As to Whom Violence is Directed
Intimidation is
Intimidation is
directed against the
directed against the
victim or his family
victim only
Elements
Mode 1:
Mode 2:
Preventing
Compelling
something not
Another to do
Prohibited by Law Something against
[PVN]
his Will [CVN]
1. Offender
1. Offender
Prevented another
Compelled another
from doing
to do something
something not
against his will; be it
prohibited by law
right or wrong
2. Effected by Violence, threats or
intimidation
3. Restraint is Not made under authority of
law or in the exercise of any lawful right
When Prevention is Not Considered
Coercion [REYES, Book 2]
a. Interruption of religious worship [Art. 132,
RPC].
b. Acts tending to prevent the meeting of the
Assembly and similar bodies. [Art. 143,
RPC].
c. Violation of parliamentary Immunity. [Art.
145, RPC].
d. Light coercion [Art. 287, RPC].
When Compulsion is not Considered
Coercion [REYES, Book 2]
a. Expulsion [Art 127, RPC]
b. Kidnapping of debtor to compel him to pay
[Art. 267, RPC]
When Consummated
Coercion is consummated even if the offended
party did not accede to the purpose of coercion.
[US v. Cusi, G.R. No. 3699 (1908)]
Qualifying Circumstances [SRR]
1. Violation of the exercise of the right of
Suffrage
2. Compelling another to perform any
Religious Act
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3. Preventing another to perform
Religious act [REYES, Book 2]
any
Grave Coercion v. Illegal Detention [REYES,
Book 2]
Grave
Illegal
Maltreatment of
Coercion Detention
Prisoners
[Art. 267[Art. 235]
[Art. 286]
268]
As to Offender
Any
Private
Public Officer or
person
individual
employee
As to Offended Party
Offended party is not a Offended party is
prisoner
a prisoner
As to Essential Element
Coercion
Actual
Maltreatment
or
confineme related to
prevention nt or
correction/handli
by
restraint of ng of prisoner or
violence,
the person to extort a
threats or
confession or
information
intimidatio
n.
There is
no clear
intent of
depriving
of liberty.
m. Article 287 - Light Coercions
Unjust Vexation
It includes any human conduct which, although
not productive of some physical or material
harm would, however, unjustifiably annoy or
vex an innocent person. [REYES, Book 2]
Grave Coercion v. Unjust Vexation [REYES,
Book 2]
Grave Coercion
Unjust Vexation
[Art. 286]
[Art. 287]
As to Violence and Intimidation
There is violence There is no violence
and intimidation
or intimidation
Light Coercion v. Robbery v. Estafa [Boado]
Estafa by
Means of
Light
Robbery
Deceit
Coercion
[Art. 294]
[Art. 315 (2 &
[Art. 287]
3)]
Property
Value of the
No obligation
seized is
property
on the part of
applied to seized is
the offended
debt by
greater than
party (no debt
means of
the debt and is involved)
violence.
violence,
but deceit
intimidation
caused
or use of
damage to
force upon
him.
things is
employed
n.
Elements [CresSViA]:
1. Offender must be a Creditor;
2. He Seizes anything belonging to his debtor;
3. Seizure of the thing is accomplished by
means of Violence or a display of material
force producing intimidation; and
4. Purpose of the offender is to Apply the
same to the payment of the debt.
NOTE: Any other coercion or unjust vexation is
also punishable under this provision.
CRIMINAL LAW
Article 288
Coercions
-
Other
Similar
Punishable Acts [PT]
1. Forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or
compelling of the laborer or employee of
the offender to Purchase merchandise of
commodities of any kind from him;
Elements [OLP]:
a. Offender is any person, agent or Officer
of any association or corporation;
b. He or such firm or corporation has
employed Laborers or employees;
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c. He forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to Purchase
merchandise or commodities of any
kind from him or from said firm or
corporation.
2. Paying the wages due his laborer or
employee by means of Tokens or object
other than the legal tender currency of the
Philippines, unless expressly requested by
such laborer or employee.
Elements [TON]:
a. Offender (employer) pays the wages
due a laborer or employee by means of
Tokens or object;
b. Those tokens or Objects are not the
legal tender currency of the Philippines;
c. Such employee or laborer does Not
expressly request that he be paid by
means of tokens or objects.
o. Article
289
Formation,
Maintenance, and Prohibition of
Combination of Capital or Labor
through Violence or Threats
(repealed by Labor Code)
Elements [ViCo]:
1. Offender employs Violence or threats, in
such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work; and
2. Purpose is to organize, maintain or prevent
Coalitions of capital or labor, strike of
laborers or lockout of employers.
3. Chapter III: Discovery and
Revelation of Secrets
CRIMINAL LAW
a. Article 290 - Discovering Secrets
through
Seizure
of
Correspondence
Elements [PSDI]:
1. Offender is a Private individual or a public
officer not in the exercise of his official
function;
2. He Seizes the papers or letters of another;
3. Purpose is to Discover the secrets of such
another person; and
4. Offender is Informed of the contents of the
papers or letters seized.
NOTE: Discovering secrets through seizure of
correspondence cannot be committed through
negligence. [REYES, Book 2]
Persons Not Covered by Art. 290
Provision is not applicable to parents,
guardians, or persons entrusted with the
custody of minors placed under their care or
custody, and to the spouses with respect to the
papers or letters of either of them. [Id.]
Qualifying Circumstance
Offender reveals the contents to a third person.
[id]
b. Article 291 - Revealing Secrets with
Abuse of Office
Elements [MES-L-R]:
1. Offender is a Manager, Employee or
Servant;
2. He Learns the secrets of his principal or
master in such capacity; and
3. He Reveals such secrets.
Damage Immaterial
An employee, manager, or servant who reveals
the secret of his master or principal shall be
liable regardless of the damage suffered by the
principal or master. [REYES, Book 2]
Secrets Learned in the Course of
Employment
Essence of this crime is that the offender
learned of the secret in the course of his
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employment. With the reason being that no one
has a right to the personal privacy of another.
[id.]
Discovering Secrets through Seizure of
Correspondence
v.
Public
Officer
Revealing Secrets of Private Individual vs.
Revealing Secrets with Abuse of Office
Discovering
Public
Revealing
Secrets
Officer
Secrets
through
Revealing with Abuse
Seizure of
Secrets of
of Office
Corresponde
Private
[Art. 291]
nce
Individual
[Art. 290]
[Art. 230]
As to Offender
Private
Public
Manager,
Officer
Individual or
Employee
Public Officer
or Servant
not in the
serving a
exercise of his
Principal or
official
Master
functions
As to Where Secrets are Contained
Papers or
No specific
No specific
letters of
medium.
medium.
another
What is
The
necessary
offender
is that the
learns of
offender
the secret
learns of
by reason
the secret
of her or his
by reason
employmen
of his office t.
As to Revelation of Secrets
Secrets need
Secrets must be revealed
not be
revealed.
CRIMINAL LAW
2. The
manufacturing
or
industrial
establishment has a Secret of the industry
which the offender has learned;
3. Offender Reveals such secrets; and
4. Prejudice is caused to the owner.
NOTES:
1. Secrets must relate to manufacturing
processes [REYES, Book 2]
2. The revelation of the secret might be made
even after the employee or workman had
ceased to be connected with the
establishment. [id.]
J. CRIMES AGAINST
PROPERTY
1. Chapter I: Robbery in General
a. Article 293 – Who Are Guilty of
Robbery
Classifications of Robbery: [ViFo]
1. Robbery with Violence against, or
intimidation of persons (Arts. 294, 297 &
298); and
2. Robbery by use of Force upon things (Art.
299 & 302) [REYES, Book 2]
Elements of Robbery in General [PTI-ViFo]:
1. There is a Personal property belonging to
another;
2. There is unlawful Taking of that property;
3. The taking must be with Intent to gain; and
4. There is:
a. Violence against or intimidation of any
person; or
b. Force used upon things
of
1. There is a Personal property belonging
to another;
Elements:
1. Offender is a person in charge, employee or
workman of a manufacturing or industrial
Establishment;
Rules:
a. Property taken must be personal – if real
property/right is the one usurped, the crime
is usurpation under Art. 312. [REYES, Book
2].
c. Article 292 - Revelation
Industrial Secrets
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CRIMINAL LAW
b. Prohibitive articles may be the subject of
a Robbery - example: Opium [U.S. v. Sana
Lim, G.R. No. 9604, (1914)]
c. Person from whom the personal
property taken need not be the owner possession of the property is sufficient.
[REYES, Book 2]
d. Co-owner or Partner cannot commit
Robbery – following the rule that property
stolen must belong to another; a co-owner
or partner cannot commit robbery with
regard to the co-ownership or partnership
property. [id.]
Elements of “Personal Property belonging
to Another” and “Intent to Gain” must
concur:
a. If the accused, with intent to gain, took from
another, personal property which turned out
to be his own property, the property not
belonging to another, he cannot be held
liable for robbery;
b. If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party,
there being no intent to gain, he cannot be
held liable for robbery. [id.]
2. There is
property;
4. There is:
a. Violence against or intimidation of any
person; or
b. Force used upon things.
unlawful
Taking
of
that
Taking - Depriving the offended party of
ownership of the thing taken with the character
of permanency [Bernal vs. CA, G.R. No. L32798, (1988)]
Unlawful taking is complete:
a. As to Robbery with Violence against or
Intimidation of Persons – From the
moment the offender gains possession of
the thing, even if the culprit had no
opportunity to dispose the same.
b. As to Robbery with Force Upon Things –
The thing must be taken out of the building
to consummate the crime [id.]
When Crime is Estafa and not Robbery
If the thing is lawfully seized and the idea of
misappropriating it is conceived only after it
came into their possession, the crime
committed would be estafa. [U.S. vs. Sana Lim,
supra]
3. The taking must be with Intent to gain;
and
General Rule: Violence or intimidation must be
present before the taking of personal property
is complete.
Exception: When violence results in:
a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries
penalized in paragraphs 1 and 2 of Art. 263;
Taking of personal property is robbery
complexed with any of those crimes under Art.
294, even if the taking was already complete
when the violence was used by the offender.
Violence must be Against the Person
Offended
The violence must be against the person of the
offended party, not upon the thing taken.
[REYES, Book 2]
Intent to Gain is Presumed
Intent to gain is presumed from the unlawful
taking of personal property belonging to
another, unless taken with the belief that it was
his own. REYES, Book 2]
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Violence Against or Intimidation of Persons
vs. Force Upon Things
Violence Against
or Intimidation of
Force Upon Things
Persons
As to Effect
Whenever violence
There is robbery
against or
only if force is used
intimidation of any
to: [EBF]
person is used, the 1. Enter the
building;
taking of personal
2.
Break doors,
property belonging
wardrobes,
to another is always
chests, or any
robbery
other kind of
locked or sealed
furniture or
receptacle inside
the building; or
3. Force them open
outside after
taking the same
from the building
[Art. 299 & 302,
RPC]
As to Basis of Penalty
Penalty depends on: If committed in an
[RIn]
inhabited house,
1. Result of the
public building, or
violence used
edifice devoted to
(e.g., whether
religious worship,
homicide, rape or the penalty is based
physical injuries
on: [VA]
were also
1. Value of the thing
committed); and
taken; and
2. Existence of
2. Whether
Intimidation.
offenders carry
Arms
Value of the thing
taken is immaterial.
[id.]
Effect When Both Violence or Intimidation
and Force Upon Things are Present
When the offender takes personal property
belonging to another with intent to gain and
employs violence against or intimidation on any
person, the crime is robbery with violence
CRIMINAL LAW
against or intimidation of persons, even if the
robbery was committed after the offender had
entered the same through a window, or after
breaking its door or wall. [REYES, Book 2]
SECTION 1. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
b. Article 294 – Robbery with
Violence
or
Intimidation
of
Persons
Punishable Acts: [HRIP-UNoV]
1. When by reason or on occasion of the
robbery, the crime of Homicide is
committed;
2. When the robbery is accompanied by Rape
or intentional mutilation or arson;
3. When by reason or on occasion of such
robbery any of the physical injuries resulting
in Insanity, imbecility, impotency or
blindness is inflicted;
4. When by reason or on occasion of robbery,
any of the Physical injuries penalized in Art.
263(2) [Serious Physical Injuries] is inflicted;
a. Loss of the use of speech or the power
to hear or to smell, or the loss of an eye,
a hand, a foot, an arm or a leg; or
b. Loss of the use of any such member; or
c. Incapacity for the work in which the
injured person is theretofore habitually
engaged is inflicted.
5. If the violence or intimidation employed in
the commission of the robbery is carried to
a degree clearly Unnecessary for its
commission.
6. When in the course of its execution, the
offender inflicted upon any person Not
responsible for the commission of the
robbery any of the Physical Injuries covered
by Art 263(3 & 4) of the RPC; when the
person injured becomes:
a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the work in which he is
habitually engaged for labor for more
than 90 days; or
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e. Becomes ill or incapacitated for labor for
more than 30 days, but not more than 90
days.
7. If the Violence employed by the offender:
a. Does not cause any of the serious
physical injuries defined in Art. 263, or
b. If the offender employs intimidation only.
NOTE: The crime defined in this article is a
special complex crime. [REYES, Book 2]
This article only applies where robbery with
violence against or intimidation of persons
takes place without entering an inhabited
house under the circumstances in Art. 299
(Robbery in an Inhabited House or Public
Building) [Napolis vs. CA, G.R. No. L – 28865,
(1972)]
CRIMINAL LAW
When Not Complexed
In the following instances, there will be two
separate crimes of homicide or murder and
robbery [id.].:
1. When homicide was not committed by
reason of or on occasion of the robbery
2. When intent to take was merely an
afterthought; such as when the idea of
taking the personal property of another with
intent to gain came to the mind of the
offender after he had killed the victim.
However, homicide may precede robbery
or may occur after the robbery. What is
essential is that there be a direct and
intimate relation/connection between the
robbery and killing, provided that the taking
is not merely an afterthought [REYES,
Book 2]
Special Complex Crimes Under Art. 294:
1. Robbery with Homicide
Homicide - is to be understood in its generic
sense as to include parricide and murder
[REYES, Book 2]
Robbery must be the Main Purpose
A conviction for robbery with homicide requires
certitude that the robbery was the main
purpose and objective of the criminals and that
the killing was merely incidental, resulting
merely by reason or on the occasion of the
robbery. [People vs. Salazar, G.R. No. 99355,
(1997)]
There is Robbery with Homicide even if:
a. The killing is done to suppress evidence,
as long as the robbery is “the reason” of the
homicide [People vs. Madrid, G.R. No. L3023, (1951)]
b. The death of a person supervened by mere
accident [People vs. Mangulabnan, G.R.
No. L-8919, (1956)]
c. The person killed was a bystander and not
the person robbed [People vs. Barut, G.R.
No. 179943, (2009)]
Covers Multiple Killings
The concept of robbery with homicide does not
limit the taking of life to one single victim.
“By reason or on occasion of the robbery”
- means that the homicide or serious physical
injuries must be committed in the course or
because of the robbery. Otherwise, they shall
be separate offenses [REYES, Book 2]
All the homicides or murders are merged in the
composite, integrated whole, so long as all the
killings were perpetrated by reason or on the
occasion of the robbery. [People vs. Madrid,
id.]
Absorption of Other Felonies Committed
All the felonies committed by reason of or on
the occasion of the robbery (e.g., rape,
intentional mutilation, etc.) are integrated into
one and individisible felony of robbery with
homicide [id.].
All Participants Are Principals
General Rule: All those who took part as
principals in the robbery would also be held
liable as principals of the single and indivisible
felony of robbery with homicide
Exception: When it clearly appears that one or
some of them endeavored to prevent the same.
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[People vs. Hernandez, G.R. No. 139697,
(2004)]
NOTES: There is no crime of robbery with
murder. If treachery is present, it shall be
considered as a generic aggravating
circumstance [People vs. Abang, G.R. No. L14623, (1960)]
Robbery with Homicide vs. Highway
Robbery
Robbery with
Highway Robbery
Homicide [Art. 294]
[PD 532]
As to the Proof Required for Conviction
Conviction for
Conviction for
robbery with
highway robbery
homicide merely
requires proof that
requires proof that
several accused
the homicide was
were organized for
committed by
the purpose of
reason or on the
committing it
occasion of a
indiscriminately.
robbery
[REYES, Book 2]
2. Robbery with Rape
Like in robbery with homicide, the offender
must have the intent to take the personal
property belonging to another with intent to
gain, and such intent must precede the rape.
[REYES, Book 2]
NOTE: Even if the rape was committed in
another place, it is still robbery with rape [US
vs. Tiongco, G.R. No. L-12270, (1918)]
Rape may be Committed before taking the
Personal Property
They intention of the culprits from the
beginning was to take personal property. Even
if the rape was committed before the taking,
they are guilty of robbery with rape. [People vs.
Canastre, G.R. No. L-2055 (1948)]
No Crime of Robbery with Attempted Rape
Art. 294, par. 2, which punishes robbery with
rape (consummated) does not cover robbery
with attempted rape. [REYES, Book 2]
CRIMINAL LAW
Covers Multiple Rapes
All rapes are merged in the composite
integrated whole that is robbery with rape and
it does not matter whether the rap occurred
before, during or after the robbery [People v.
Seguis, G.R. No. 135034, (2001)]
NOTE: Additional acts of rape committed on
same occasion of robbery will not increase the
penalty, also they shall neither be considered
aggravating circumstances [REYES, Book 2]
Rape as an Aggravating Circumstance
When Rape and Homicide co-exist in the
commission of Robbery, Rape is considered as
an aggravating circumstance [People vs.
Ganal, G.R. No. L-1990, (1950)]
All Participants are Principals
Based on the concept of conspiracy, all
robbers may be held liable for robbery with
rape even if not all of them committed the crime
of rape [People vs. Balacanao, G.R. No.
118133, (2003)]
3. Robbery with Arson
In robbery with arson, it is essential that the
robbery precedes the arson.
There must be an intent to commit robbery, and
no killing, rape or intentional mutilation should
be committed in the course of the robbery, or
else arson will only be considered as an
aggravating circumstance [BOADO].
4. Robbery with Serious Physical Injuries
Any injuries not under Art. 263 or not serious in
nature will fall under a Simple Robbery
[REYES, Book 2]
In Robbery with Unnecessary Violence and
Intimidation under par. 4, the Violence need not
result in Physical Injuries; all that Art. 294
requires is that the violence be unnecessary for
the commission of the robbery. [Id.]
5. Simple Robbery
Under Par. 5 or Simple Robbery, this involves
slight or less serious physical injuries, which
Page 228 of 277
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are absorbed in the crime of robbery as an
element thereof [REYES, Book 2]
NOTE: Violence or intimidation may enter at
any time before the owner is finally deprived of
his property [id.]
Threats to Extort Money vs. Robbery
through Intimidation [REYES, Book 2]
Threats to Extort
Robbery Through
Money
Intimidation
[Art. 282]
[Art. 294]
As to the Nature of the Intimidation
Conditional or future Actual and
Immediate
As to How Intimidation is Done
May be through an
Personal
Intermediary
As to Whom Intimidation is Directed
May refer to the
directed only to the
person, honor or
person of the victim
property of the
offended party or
that of his family
As to the Culprit’s Gain
Gain is not
Gain is immediate
immediate
Robbery vs. Bribery
Robbery
Bribery
[Arts. 293 & 294]
[Art. 210-211-A]
As to the Manner of Commission
Victim is deprived of Victim voluntarily
his personal
parts with his money
property by violence, or property.
intimidation or force
upon things.
As to Purpose of Deprivation of Property
Offender simply
Money or gift
intends to gain.
obtained by the
person bribed was
meant as
consideration for the
agreement of
performance or non-
CRIMINAL LAW
performance of an
act
c. Art. 295 – Robbery with Physical
Injuries
Committed
in
an
Uninhabited Place and by a Band
or With the Use of a Firearm on a
Street, Road or Alley
Qualified Robbery with Violence Against or
Intimidation of Persons (Art. 294 par. 3, 4
and 5):
If committed: [U-BAES]
1. In an Uninhabited place, or
2. By a Band, or
3. By Attacking a moving train, street car,
motor vehicle, or airship, or
4. By Entering the passengers’ compartments
in a train, or in any manner taking the
passengers thereof by surprise in the
respective conveyances; or
5. On a Street, road, highway, or alley, and
the intimidation is made with the use of
Firearms
NOTE: Above circumstances must be alleged
in the information. Moreover, these 5 qualifying
circumstances cannot be offset by a generic
mitigating circumstance. [REYES, Book 2]
Uninhabited place
One where there are no houses at all, a place
at a considerable distance from the town, or
where the houses are scattered at a great
distance from each other. [REYES, Book 1]
Imposable Penalty
Offender found liable under this article shall be
punished by the maximum periods of the
proper penalties in Art. 294. [id.]
d. Art. 296 – Definition of a Band and
Penalty Incurred by the Members
thereof
Rule: [4-AP]
1. When at least 4 (more than 3) armed
malefactors take part in the commission of
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a robbery, it is deemed committed by a
band.
2. When any of the Arms used in the
commission of robbery is not licensed,
penalty upon all the malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice to the
criminal liability for illegal possession of
such firearms.
3. Any member of a band who was present at
the commission of a robbery by the band,
shall be punished as Principal of any of the
assaults committed by the band, unless it be
shown that he attempted to prevent the
crime.
Requisites for Liability for the Acts of Other
Members: [MPAP]
1. He was a Member of the band.
2. He was Present at the commission of a
robbery by that band.
3. Other members of the band committed an
Assault.
4. He did not attempt to Prevent the assault.
NOTE: Conspiracy is presumed when robbery
is committed by band [REYES, Book 2]
No Crime of “Robbery with Homicide in a
Band”
If the robbery with homicide is committed by a
band, the indictable offense would still be
denominated as "robbery with homicide" under
Art. 294(1), but the circumstance that it was
committed by a band would be appreciated as
an ordinary aggravating circumstance. [id.]
Use of Loose Firearm
The use of a loose firearm, when inherent in
the commission of a crime punishable under
the RPC or other special laws, shall be
considered as an aggravating circumstance.
Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
with a max penalty which is lower than that
prescribed for illegal possession of firearm, the
penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged [Sec. 29, RA 10591]
CRIMINAL LAW
NOTE: Use of an unlicensed firearm by a band
cannot be offset by a generic mitigating
circumstance [REYES, Book 2]
e. Article 297 – Attempted and
Frustrated Robbery Committed
under Circumstances
Elements: [AF-H]
1. There is Attempted or Frustrated robbery
2. A Homicide is committed on the same
occasion
Homicide in its Generic Sense
Homicide under Art. 297 is used in its generic
sense and includes multiple homicides,
murder, parricide, or even infanticide [REYES,
Book 2]
Imposable Penalty:
General Rule: Reclusion temporal in its
maximum period to reclusion perpetua
Exception: If the homicide deserves a higher
penalty. Thus, in an attempted or frustrated
robbery, and the killing of the victim is qualified
by treachery or relationship, the proper penalty
for murder or parricide shall be imposed
because it is more severe. [id]
If Homicide is not Consummated, the
crimes of Robbery and Attempted or
Frustrated Homicide:
1. May be Considered as separate crimes;
2. May be Complexed (Art. 48)
3. May be considered as one crime, one
crime being absorbed by the other
[REYES, Book 2]
Attempted or Frustrated robbery with
Serious Physical Injuries, Art. 48 is
applicable
When the offense committed is attempted or
frustrated robbery with serious physical
injuries, Art. 48 (penalty for complex crimes) is
applicable, since the felony would fall neither
under Art. 294 which covers consummated
robbery with homicide nor under Art. 297 which
covers attempted or frustrated robbery with
Page 230 of 277
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homicide. [People v. Villanueva, G.R. No.
2676, (1939)]
f.
Article 298 – Execution of Deeds by
Means of Violence or Intimidation
Elements: [IC-VI]
1. Offender has Intent to defraud another;
2. Offender Compels him to sign, execute, or
deliver any public instrument or document;
and
3. Compulsion is by means of Violence or
Intimidation.
NOTE:
● "Public" describes the word "instrument"
only. Hence, this article applies even if the
document signed, executed or delivered is
a private or commercial document.
[REYES, Book 2]
● Art 298 is not applicable if the document is
void [Id.]
Execution of Deeds by Means of Violence or
Intimidation vs. Grave Coercion
Execution of
Grave Coercion
Deeds by Means of
[Art. 286]
Violence or
Intimidation [Art.
298]
As to the Manner of Commission
Violence is used in
Violence is used in
compelling the
compelling the
offended party to
offended party to
sign or deliver the
sign or deliver the
document, with
document, without
intent to defraud
intent to defraud
[REYES, Book 2]
SECTION 2. ROBBERY BY THE USE OF
FORCE UPON THINGS
Robbery by the use of force upon things is
committed only when either: [299-302-N]
1. Offender entered a house or building by any
of the means specified in Art. 299 or Art.
302; or
CRIMINAL LAW
2. Even if there was No entrance by any of
those means, he broke a wardrobe, chest,
or any other kind of locked or closed or
sealed furniture or receptacle in the house
or building, or he took it away to be broken
or forced open outside. [REYES, Book 2]
g. Article 299 – Robbery in an
Inhabited House/Public Building or
Edifice Devoted to Worship
Mode 1: Entering Effected Through Force
Elements: [E-E-T]
1. Offender Entered: [EBR]
a. An inhabited House; or
b. Public Building
c. Edifice devoted to Religious worship
2. Entrance was effected by any of the
following means: [OBFN]
a. Through an Opening not intended for
entrance or egress;
b. By Breaking any wall, roof, or floor, or
door or window;
c. By using False keys, picklocks or similar
tools; or
d. By using any fictitious Name or
pretending the exercise of public
authority.
3. Once inside the building, offender Took
personal property belonging to another with
intent to gain.
Imposable Penalty
Penalty depends on the value of property taken
and on whether or not offender carries arm.
[REYES, Book 2 citing Art. 299, RPC]
Inhabited House vs. Public Building
[REYES, Book 2]
Inhabited House
Any shelter, ship or
vessel constituting the
dwelling of one or
more persons even
though the inhabitants
thereof are temporarily
absent therefrom
when the robbery is
committed.
Page 231 of 277
Public Building
Every building owned
by the Government or
belonging to a private
person but used or
rented by the
Government, although
temporarily
unoccupied by the
same.
U.P. BOC
CRIMINAL LAW II
Rules:
1. Offender must "enter the house or
building in which the robbery is
committed." The whole body must enter
the building or house. Thus, if the offender
merely inserted his hand through an
opening in the wall or used a pole through
the window to get the clothes inside the
room, while the offender remained outside
the house or building, the crime committed
is theft, not robbery. [REYES, Book 2]
2. There must be intention to take
personal property. If there is no evidence
to show that the intention of the accused
was to commit robbery upon entering the
building. The crime committed is attempted
trespass to dwelling under Art. 280 (2),
RPC [People v. Tayag, G.R. L-40512,
(1934)]
3. Means enumerated must be used to
enter the house. It does not refer to the
method used to exit [REYES, Book 2], nor
to open a trunk in the house [U.S. vs.
Macamay, G.R. No. 11952, (1917)].
False Keys
The genuine key must be stolen, not taken by
force or with intimidation, from the owner.
Otherwise, the crime would be robbery with
intimidation of persons. [REYES, Book 2]
Picklocks
Picklocks or similar tools are those specially
adopted to the commission of the crime of
robbery. [Art. 304, RPC]
Use of Fictitious Names or Pretending to
Exercise Authority Must be the Efficient
Cause
Using fictitious names or pretending to
exercise of public authority must be the
efficient cause of the opening by the offended
party [REYES, Book 2]
Mode 2: Acquisition of Property through
Force
Elements: [I-GBT]
1. Offender is Inside a dwelling house, public
building, or edifice devoted to religious
CRIMINAL LAW
worship, regardless of the circumstances
under which he entered it.
2. Offender takes personal property belonging
to another, with intent to Gain, under any of
the following circumstances:
a. Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed
furniture or receptacle; or
b. Taking such furniture or objects away to
be broken or forced open outside the
place of the robbery.
NOTES:
1. Entrance into the building by any of the
means mentioned in 299 (a) is not required
in robbery under 299 (b). [REYES, Book 2]
2. "Door" refers only to "doors, lids, or
opening sheets" of furniture or other
portable receptacles — not to inside doors
of a house or building. [id.]
There is No Robbery in the following cases:
1. When the use of false keys was to open a
wardrobe from which the offender took
personal property; Art. 299(b) requires that
the same be broken, not merely opened
[Id.].
2. When a person opens by force a certain
locked or sealed receptacle which has
been confided into his custody and takes
the money contained therein, is guilty of
estafa and not robbery [id.]
h. Article 300 – Robbery in an
Uninhabited Place and by a Band
Elements: [RBU]
1. Robbery in an inhabited house, public
building or edifice devoted to religious
worship
2. Committed by a Band; and
3. In an Uninhabited place.
NOTE: Qualified robbery with violence or
intimidation of persons (Art. 295) is committed
in an uninhabited place OR a band.
Page 232 of 277
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i.
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Article 301 – What is an Inhabited
House, Public Building or Building
Dedicated to Religious Worship
and Their Dependencies
Inhabited House vs. Public Building
[SEE: Art. 299]
Dependencies
All interior courts, corrals, warehouses,
granaries or inclosed places contiguous to the
building or edifice, having an interior entrance
connected therewith, and which form part of
the whole. [Art. 301(2), RPC]: [CIP]
1. Contiguous to the building;
2. Must have an Interior entrance connected
therewith;
3. form Part of the whole. [REYES, Book 2]
NOTE: Orchards and other lands used for
cultivation or production are not included in the
terms of the next preceding paragraph, even if
closed, contiguous to the building and having
direct connection therewith. [Art 301 (3), RPC]
j.
Article 302 – Robbery in an
Uninhabited Place or in a Private
Building
Elements: [U-OBFaSeR-G]
4. Offender Entered an Uninhabited place or
a building which was not a dwelling house,
public building, nor edifice devoted to
religious worship.
5. That any of the following circumstances
was present:
a. Entrance was effected through an
Opening not intended for entrance or
egress; or
b. A wall, roof, floor, or outside door or
window was Broken; or
c. Entrance was effected through the use
of False keys, picklocks or other similar
tools; or
d. A door, wardrobe, chest, or any Sealed
or closed furniture or receptacle was
broken; or
CRIMINAL LAW
e. A closed or sealed receptacle was
Removed, even if the same be broken
open elsewhere.
6. That with intent to Gain, the offender took
therefrom personal property belonging to
another.
NOTES:
● The "uninhabited place" mentioned in Art.
302 is a building, because paragraphs Nos.
1 and 3 speak of "entrance," which
necessarily refers to a building. [REYES,
Book 2]
● Breaking padlock is use of force upon
things. [id.]
Building
Includes any kind of structure used for storage
or safekeeping of personal property, ex. freight
car and warehouse. [U.S. vs. Magsino, G.R.
No. 1339, (1903)]
Use of Fictitious Name or Pretense of
Authority
The use of fictitious name or pretending the
exercise of public authority is not a means of
entering the building under this article, because
the place is uninhabited and no person could
be deceived thereby. [id.]
Furniture or receptacle here is "sealed or
closed."
The furniture or receptacle here is "sealed or
closed."as opposed to Art. 299, it is either
"locked or sealed." [id.]
When a person who had entered a warehouse,
opened without breaking, a closed but not
locked chest and took therefrom personal
property would be liable for theft [id.]
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k. Article 303 – Robbery of Cereals,
Fruits, or
Firewood in
an
Uninhabited Place or Private
Building
2. Chapter II: Brigandage
Imposable Penalty
In cases enumerated in Arts. 299 and 302, the
penalty is 1 degree lower when robbery
consists in the taking of cereals, fruits, or
firewood. [REYES, Book 2]
Highway Robbery/Brigandage
The seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away
of the property of another by means of violence
against or intimidation of person or force upon
things of other unlawful means, committed by
any person on any Philippine Highway. [Sec.
2(e), PD 532]
Cereals
Seedlings which are the immediate product of
the soil. The palay must be kept by the owner
as “seedling” or taken for that purpose by the
robbers. [id.]
l.
Article 304 – Possession
Picklocks or Similar Tools
of
Elements: [PRN]
1. Offender possesses Picklocks or similar
tools;
2. Such picklock or similar tools are especially
adopted to the commission of Robbery;
and
3. Offender does Not have a lawful cause for
such possession.
Qualifying Circumstance:
If the person who makes such tools is a
locksmith, the penalty is higher.
m. Article 305 – False Keys
False Keys include: [304-GO]
1. Tools mentioned in Art. 304 (picklocks or
other similar tools)
2. Genuine keys stolen from the owner.
3. Any keys Other than those intended by the
owner for use in the lock forcibly opened by
the offender.
Lost or Misplaced
A lost or misplaced key found by another and
not returned to its rightful owner is considered
as a false key stolen from the owner [Regalado]
PD 532: Anti-Piracy and Anti-Highway
Robbery Law of 1974
Philippine Highway
Refers to any road, street, passage, highway
and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons,
or vehicles, or locomotives or trains for the
movement or circulation of persons or
transportation of goods, articles, or property or
both. [Sec. 2(c), PD 532]
Elements: [HIC]
1. Robbery takes place along a Philippine
Highway;
2. Act of Robbery must be Indiscriminate, it
should not be an isolated case; and
3. Victim was not predetermined. [Abay, Jr. V.
People. G.R. No. 165896, (2008)]
NOTE: The robbery must be directed not only
against specific, intended or perceived victims,
but against any and all prospective victims [id.]
Evidence
It is highway robbery only when it can be
proven that the malefactors primarily organized
themselves for the purpose of committing that
crime. [Ibañez vs. People, G.R. No. 204990,
(2017)]
Person Considered as an Accomplice [Sec.
4, id.]:
Any person who knowingly and in any manner:
1. Aids or Protects pirates or highway
robbers/brigands, such as:
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a. Giving them information about the
movement of police or other peace
officers of the government, or
b. Acquires or receives property taken by
such pirates or brigands; or
c. In any manner derives any benefit
therefrom; and
2. Any person who directly or indirectly Abets
the commission of piracy or highway
robbery or brigandage
NOTE: It shall be presumed that any person
who does any of the acts provided in this
Section has performed knowingly, unless the
contrary is proven.
a. Article 306 – Brigandage
Elements: [4B-RKV]
1. There be at least 4 armed persons
2. They formed a Band of robbers
3. Purpose of formation is to:
a. Commit Robbery in the highway; or
b. Kidnap for the purpose of extortion or to
obtain ransom; or
c. Attain by means of force and Violence
any other purpose.
NOTE: If any of the arms carried by the
offenders is an unlicensed firearm, all are
presumed highway robbers or brigands
[REYES, Book 2]
Arms
The arms carried by the members of the band
of robbers may be any deadly weapon. Thus,
Brigandage may be committed without the use
of a firearm. [REYES, Book 2]
Highway Robbery vs. Brigandage
Highway
Robbery in
Brigandage
Robbery
a Band
[Art. 306]
[PD 532]
[Art. 296]
As to Purpose
Indiscriminat 1. Commit
To Commit
robbery in robbery, but
ely
a
commit
not
highway
robbery in
CRIMINAL LAW
Philippine
highways.
2. Kidnap to necessarily
extort or
in highways.
get
ransom
3. Attain
any other
purpose
by force
or
violence
As to the Number of Robberies
Committed
Indiscriminat To commit
To commit a
e, not
several
particular
isolated.
robberies
robbery.
As to the Formation of Band
Offenders
need not
constitute a
Offenders must be in a
band; a
band
single
(i.e. at least 4)
offender may
commit the
crime.
As to the Conspiracy among the
Members
Mere
Mere
Mere
conspiracy to formation of
conspiracy
constitute is
a band for
to commit
not
any purpose
robbery is
punishable.
indicated in
not
Art. 306 is
punishable.
punishable
As to the Victim
Victim is Not
Victim is Preconceived.
Preconceive
d.
[REYES, Book 2]
b. Article 307 – Aiding and Abetting a
Band of Brigands
Elements: [BK-AIA]
1. There is a Band of brigands;
2. Offender Knows the band to be of brigands;
and
3. Offender does any of the following acts:
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a. In any manner Aids, abets or protects
such band of brigands; or
b. Gives them Information of the
movements of the police or other peace
officers; or
c. Acquires or receives the property taken
by such brigands.
NOTE: It is presumed that the person
performing any of the acts provided in Art. 307
has performed them knowingly, unless the
contrary is proven. [Art. 307, RPC]
3. Chapter III: Theft
a. Article 308 – Who are Liable for
Theft
Summary of Modes of Commission Under
Art. 308:
MODE
Elements
1. Offender takes the take
Personal property of
another without the latter’s
consent;
Mode 1 2. Taking was with Intent to
[PIW]
gain; and
3. Taking was Without
violence against or
intimidation of persons nor
force upon things.
1. Offender found Lost
property; and
Mode 2
2. Fails to deliver the same to
[LF]
the local authorities or to its
owner.
1. Offender maliciously
Damaged the property of
Mode 3
another; and
[DR]
2. Removes or makes use of
the fruits or object of the
damage caused by them.
1. Offender entered an
Enclosed estate or a field
without the consent of its
Mode 4
owner;
[EFAH]
2. Trespass is Forbidden or
the enclosed estate or field
belongs to Another; and
CRIMINAL LAW
3. Hunt or fish upon the same
or gather fruits, cereals or
other forest or farm
products.
NOTE: Fishing should not be in
the fishpond within the field or
estate, otherwise it is Qualified
Theft. [Reyes, Book Two]
[REYES, Book 2]
Theft vs. Robbery
Theft
Robbery
[Art. 306]
[Arts. 293-294]
Presence of Violence
Offender does not
There is violence or
use violence or
intimidation or Force
intimidation of
upon things
persons or force
upon things
[REYES, Book 2]
Mode 1: Taking of Personal Property of
Another Without Violence or Intimidation of
Persons or Force upon Things
“Without consent”
Consent contemplated in this element of theft
refers to consent freely given and not to one
which may only be inferred from mere lack of
opposition [REYES, Book 2]
When Consummated
Theft is complete from the moment the
offender had full possession of the thing, even
if he did not have an opportunity to dispose of
the same. [People v. Sevilla, G.R. No. 86163,
(1990)]. Accordingly, there is no crime of
frustrated theft.
Objects Considered Personal Property:
1. Electricity and Gas [US vs. Carlos, G.R.
No. 6295, (1911)]
2. Promissory Notes and checks [People vs.
Koc Song, G.R. No. L-45043, (1936)]
3. Telecommunication or Telephone Service
[Laurel v. Abrogar, G.R. No. 155076,
(2009)]
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CRIMINAL LAW
4. Water [RA 8041/National Water Crisis Act]
b. Article 309 – Penalties
Joyride constitutes intent to gain.
A joyride in an automobile taken without the
consent of its owner constitutes "taking with
intent to gain" [People vs. Bustinera, G.R. No.,
148233, (2004)]
The basis of the penalty in theft is: [SPC]
1. Value of the thing Stolen, or
2. Value and nature of the Property taken, or
3. Circumstances that impelled the culprit to
commit the crime. [REYES, Book 2]
No Theft in Sale of Partner or of Co-owned
Property
Unlawful disposition of the share belonging to
a partner or a joint owner may be a violation of
a contract and a trespass upon the rights of
another, but it is not an act constituting the
crime of theft. [U.S. vs. Reyes, G.R. No. 2867,
(1906)]
c. Article 310 – Qualified Theft
Rationale: Before the dissolution of the
partnership or the division of the property held
in common, no part of the property of the
partnership or the property held in common
truly belongs to a partner or co-owner.
[REYES, Book 2]
Mode 2: Failure to Return Lost Property
The law does not require knowledge of the
owner of the lost property. [REYES, Book 2]
"Lost property" embraces loss by stealing.
A finder who fails deliberately to return the thing
lost may be considered more blameworthy if
the loss was by stealing than through some
other means. [People v. Rodrigo, G.R. No. L18507]
NOTE: Art. 308 (1) is not limited to actual
finder. [US v. Santiago, G.R. No. L-9375,
(1914)]. It may include a policeman to whom it
is entrusted or misappropriated the same
[People v. Avila, G.R. No. L-19786, (1923)]
It is Necessary to Prove:
1. The Time of the seizure of the thing;
2. That it was a lost property Belonging to
another; and
3. That the accused had the Opportunity to
return or deliver the lost property to its
owner or to the local authorities but
refrained from doing so. [id]
Theft is qualified if: [DoG-MoMCaCoF-Ca]
1. Committed by a Domestic servant; or
2. Committed with Grave abuse of confidence;
or
3. If the property stolen consists of:
a. Motor vehicle
b. Mail matter
c. Large Cattle
d. Coconuts taken from the premises of a
plantation; or
e. Fish taken from a fishpond or fishery; or
4. Property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other Calamity, vehicular accident or
civil disturbance.
NOTE: Penalties for qualified theft are 2
degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
Abuse of Confidence must be Grave.
There must be an allegation that by reason of
dependence, guardianship or vigilance,
between the accused and the offended party,
that has created a high degree of confidence
between them, which the accused abused.
[People vs. Koc Song, id.]
NOTE: Theft by a housemate is not always
qualified. Living together under the same roof
engenders some confidence, but it is not
necessarily grave. [id.]
Coconuts and Fish
When the coconuts or fish are stolen in any
other place (aside from the plantation or
fishpond), it is simple theft. [id.]
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Receipt and Misappropriation of Teller
Bank Teller who received the money and
appropriated the same for personal gain
committed theft and not estafa because the
teller has no juridical possession, only material,
the theft is qualified due to the confidence
reposed on the teller. [Roque vs. People, G.R.
No. 138954, (2004)]
Timber Smuggling or Illegal Cutting of Logs
Any person, whether natural or juridical, who
directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products,
either from any of the public forest, forest
reserves and other kinds of public forests,
whether under license or lease, or from any
privately owned forest lands in violation of
existing laws, rules and regulation shall be
guilty of the crime of qualified theft [Sec. 1, PD
330]
Anti-Cattle Rustling Law of 1974 [PD 533]
NOTE: the nature of the penalty imposed by
the law is based on the RPC, thus PD 533 is
deemed an amendment of the RPC [People vs.
Macatanda, G.R. No. L-51368, (1981)]
Elements: [TC]
1. Taking away by any means, method or
scheme; and
2. Of any Large Cattle, without the Consent of
the owner/raiser [Sec. 2(c), PD 533]
NOTES:
a. It is immaterial whether or not for profit or
gain, or whether committed with or without
violence against or intimidation of any
person or force upon things. [Sec. 2(a), id.]
b. It includes the killing of large cattle or taking
its meat or hide without the consent of the
owner/raiser. [Sec. 2(a), id.]
Large Cattle
Includes the cow, carabao, horse, mule, ass, or
other domesticated member of the bovine
family. [Sec. 2(a), id.]
CRIMINAL LAW
Presumption of Cattle Rustling.
Failure to exhibit the required documents shall
be prima facie evidence that the large cattle in
his possession, control or custody are the fruits
of the crime of cattle rustling. [Sec. 7, id.]
“Highgrading” or Theft of Gold [PD 581]
Prohibited Acts: [TRET]
Any person who, without the consent of the
operator of the mining claim:
1. Take gold-bearing ores or rocks from a
mining claim or mining camp;
2. Remove, collect or gather gold-bearing ores
or rocks in place;
3. Extract or remove the gold from such ores
or rocks; or
4. Prepare and Treat such ores or rocks to
recover or extract the gold contents thereof.
[Sec. 1, PD 581]
Presumption
The unauthorized possession by any person
within a mining claim or mining camp of goldbearing ores or rocks or of gold extracted or
removed from such ores or rocks, shall be
prima facie evidence that they have been
stolen from the operator of a mining claim.
[Sec. 2, id.]
d. Article 311 – Theft of Property of
the National Library and National
Museum
This provision penalizes property stolen from
the National Library or National Museum.
Imposable Penalty
General Rule: Penalty is fixed without regard
to the value of the property of the National
Library or National Museum. [REYES, Book 2]
Exception: if the crime is committed with grave
abuse of confidence, the penalty for qualified
theft shall be imposed, because Art. 311 says:
"unless a higher penalty should be provided
under other provisions of this Code." [id.]
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4. Chapter IV: Usurpation
a. Article 312 – Occupation of Real
Property or Usurpation of Real
Rights in Property
Punished Acts: [PU]
1. Taking Possession of any real property
belonging to another by means of violence
against or intimidation of persons; or
2. Usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons. [REYES,
Book 2]
CRIMINAL LAW
Theft/Robbery vs. Occupation of Real
Property or Usurpation of Real Rights in
Property Art. 312 [REYES, Book 2]
Occupation or
Theft/Robbery
Usurpation
[Art. 308/Art. 293]
[Art. 312]
As to the Intent to Gain
There is intent to Gain
As to the Property Involved
Personal Property
Real property or real
right
As to the Act Involved
Taking
Occupation or
Usurpation
Elements: [PB-VI]
1. Offender takes Possession of any real
property or usurps any real rights in property
2. Real property or real rights Belong to
another
3. Violence against or intimidation of persons
is used by the offender in occupying real
property or usurping real rights in property;
and
4. There is Intent to gain.
b. Article 313 – Altering Boundaries
or Landmarks
Rules on Violence or Intimidation
1. Violence or intimidation must be the
means used in occupying real property.
Art. 312 does not apply when the violence
or intimidation took place subsequent to the
entry into the property. [REYES, Book 2]
2. If there is no violence or intimidation:
There is only civil liability. [id.]
NOTE: Intent to gain is not necessary [REYES,
Book 2]
Imposable Penalty
General Rule: Art. 312 does not provide the
penalty of imprisonment for the crime of
occupation of real property or usurpation of real
rights in property, the penalty is only fine.
[REYES, Book 2]
Exception: The offender who may have
inflicted physical injuries in executing acts of
violence shall suffer the penalty for physical
injuries also. [id.]
Elements: [BA]
1. There are Boundary marks or monuments
of towns, provinces, or estates, or any other
marks intended to designate the boundaries
of the same; and
2. Offender Alters said boundary marks.
Alter
Any alteration of boundary marks is enough to
constitute the material element of the crime.
Destruction of a stone monument or taking it to
another place, or removing a fence, is altering.
[id.]
5. Chapter
Insolvency
a. Article
314
Insolvency
V:
Culpable
–
Fraudulent
Elements: [D-DAP]
1. Offender is a Debtor;
2. His obligations are Due and payable.
3. He Absconds with his property.
4. It is with Prejudice to his creditors.
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NOTE: Actual prejudice, not intention alone, is
required. [REYES, Book 2]
Real Property May be Involved
"Abscond" does not require that the debtor
should depart and physically conceal his
property. Hence, real property could be the
subject matter of fraudulent insolvency.
[People vs. Chong Chuy Limgobo, G.R. 20995,
(1923)]
Prejudice to the Creditors
Contemplates the transfer of disposing of the
offender’s property to keep it out of reach of his
creditors resulting in the non-enforcement of a
writ of execution [Dee v. People, G.R. No.
136785, (2000)]
Fraudulent Insolvency vs. Insolvency Law
Fraudulent
Insolvency Law
Insolvency
[Act. No. 1956]
[Art. 314]
As to the Requirement of Insolvency
Proceedings
No need for
Crime should be
Insolvency
committed after the
Proceedings.
institution of
insolvency
NOTE: Offender
proceedings
need not be
adjudged bankrupt
or insolvent.
[REYES, Book 2]
Imposable Penalty
Higher penalty is imposed if the offender is a
merchant.
6. Chapter VI: Swindling and
Other Deceits
a. Article 315 – Swindling or Estafa
Elements of Etafa in general: [DCDD]
1. Accused Defrauded another:
a. by abuse of Confidence, or
b. by means of Deceit; and
CRIMINAL LAW
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party
or third person.
Damage or prejudice may consist of: [MPP]
1. Offended party being deprived of his Money
or property as a result of defraudation;
2. Disturbance in Property rights; or
3. Temporary Prejudice [REYES, Book 2]
Ways of Committing Estafa: [U-FF-M]
Mode
Sub-modes
1. With Unfaithfulness
[Art. 315 (1)(a)]
Mode 1:
2.
With Abuse of
With
Confidence [Art.
Unfaithfulness
315(1)(b)]
or Abuse of
3. By taking undue
Confidence
advantage of the
[UCS]
Signature in blank
[Art. 315(1)(c)]
1. Using fictitious Name
or false pretenses
and other similar
deceits [Art.
315(2)(a)];
2. By Altering the
quality, fineness or
weight of anything
pertaining to his art or
business [Art.
Mode 2:
315(2)(b)]
By Means of
3. By pretending to
False
have Bribed any
Pretense or
government
Fraudulent
employee [Art.
Acts
315(2)(c)]
4.
By post-dating a
[NAB-CF]
Check with no funds
or is not sufficient to
cover the amount of
the check. [Art.
315(2)(d)]
5. By obtaining Food,
refreshment or
accommodation with
intent to defraud [Art.
315(2)(e)]
Mode 3:
1. By inducing another
Page 240 of 277
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By Fraudulent
Means
[SGD]
CRIMINAL LAW II
to Sign any document
[Art. 315 (3)(a)];
2. By resorting to some
fraudulent practice to
insure success in
Gambling [Art.
315(3)(b)]
3. By Removing,
concealing or
destroying
Documents [Art. 315
(3)(c)]
NOTE: The three modes of committing estafa
may be reduced to two only--subdivision No. 1
as estafa with abuse of confidence, and the 2nd
and 3rd forms as estafa by means of deceit.
[REYES, Book 2]
1. Estafa with Unfaithfulness or Abuse of
Confidence [Art. 315(a)]
CRIMINAL LAW
b. Estafa with Abuse of Confidence [Art.
315(1)(b)]
Elements: [RMPD]
1. Money, goods, or other personal property
was Received by the offender: [TCAO]
a. In Trust, or
b. On Commission, or
c. For Administration; or
d. Under any Other obligation involving the
duty to make delivery of, or to return the
same;
2. That there be: [MConD]
a. Misappropriation; or
b. Conversion of such money or property
by the offender; or
c. Denial on his part of such receipt;
3. Such misappropriation or conversion or
denial is to the Prejudice of another; and
4. There is a Demand made by the offended
party.
a. Estafa with Unfaithfulness [Art 315(a)(1)]
Elements: [OnAD]
1. Offender has an Onerous obligation to
deliver something of value;
2. He Alters its substance, quantity, or quality;
and
3. Damage or prejudice is caused to another.
Rules:
1. There must be an existing obligation to
deliver something of value, and the
offender in making the delivery has altered
the following of the thing delivered [REYES,
Book 2]:
a. Substance; or
b. Quantity; or
c. Quantity; and
2. There must be an agreement as to
quality – When there is no agreement as to
the quality of the thing to be delivered, the
delivery of the thing not acceptable to the
complainant is not estafa. [id.]
Illegal Consideration
Estafa is committed even though such
obligation be based on an immoral or illegal
consideration. [REYES, Book 2]
NOTES:
a. Other obligations involving the duty to
make delivery of, or to return the same includes quasi-contracts and certain
contracts of bailment ex. Commodatum.
[US vs. Yap Jong, G.R. No. 10675, (1916)]
b. 4th element – not necessary when there is
evidence of misappropriation of the goods
by the defendant. [Tubb vs. People, G.R.
No. L-9811, (1957)]
c. Deceit - not an essential requisite of estafa
with abuse of confidence. [REYES, Book 2]
Rationale: Thing to be delivered or returned
must be the very object received [US vs.
Figueroa, G.R. No. L-6748, (1912)]
Misappropriation vs.
Book 2]
Misappropriate
Act of taking
something for one’s
own benefit
Page 241 of 277
Conversion [REYES,
Conversion
Act of using or
disposing of
another's property
as if it were one's
own or devoting it to
a purpose or use
U.P. BOC
CRIMINAL LAW II
different from that
agreed upon.
Juridical
Possession
vs.
Material
Possession
Juridical
Material
Possession
Possession
Possession which
Actual Possession
gives the transferee of Personal
a right over the thing Property, where the
which the transferee possessor cannot
may set up even
claim a better right
against the owner
to such property
than its owner.
[REYES, Book 2]
In Estafa: Offender must have acquired both
material or physical possession and juridical
possession of the thing received [REYES,
Book 2].
Nature of
Possessio
n of
Personal
Property
Material
Material
and
Juridical
Ownership
(Material +
Juridical)
[id]
Act
Crime
Committed
Misappropriati
on
Theft
Misappropriati
on
Estafa
Misappropriati
on
No crime,
only Civil
liability
NOTE: There is no estafa when the money or
other personal property received by the
accused is not to be used for a particular
purpose or to beeturned. [id.]
No Estafa in the Following Cases:
1. Momentary use of the funds without intent
to defraud [US vs. Sevillia, G.R. No. 18056,
(1922)]
2. Where the custody of personal property is
only precarious and for a temporary
CRIMINAL LAW
purpose or for a short period and merely
the effect of such relationship as master
and servant, employer and employee, or
master and domestic, the juridical or
constructive possession remains in the
owner. Hence, the servant, domestic, or
employee cannot be guilty of estafa
[People vs. Marcelino Nicolas, 58 O.G.
472, cited in REYES, Book 2].
"To the prejudice of another"
Contemplates prejudice not necessarily of the
owner of the property. [People v. Yu Chai Ho,
G.R. No. L-29278, (1928)]
Demand Not Required but Necessary
Demand is not required by law but it is
necessary, because failure to account, upon
demand, is circumstantial evidence of
misappropriation. [REYES, Book 2]
Liability of Co-Owners
General Rule: Co-owner is not liable for estafa
[id.]
Exception: If, after the termination of the coownership, he misappropriates the thing which
has become the exclusive property of the
other. [id.]
No Estafa through Negligence.
Article 315 in penalizing estafa by
misappropriation or conversion, does not
punish estafa through negligence [REYES,
Book 2]
Effect of Novation of Contract
General Rule: Criminal liability for estafa
already committed is not affected by
compromise or novation of contract, for it is a
public offense which must be prosecuted and
punished by the state at its own volition. [id.]
Exception: If the novation occurs before the
criminal liability has incurred [id.]
NOTE: Reimbursement or restitution of money
or property swindled does not extinguish
criminal liability [Sajot vs. CA, G.R. No.
109721, (1999)]
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Theft vs. Estafa with Abuse of Confidence
Theft/Robbery
Estafa with Abuse
[Art. 308]
of Confidence
[Art. 315(1)]
As to the Acquisition of Property
Offender takes the
Offender receives
thing without the
the thing from the
owner’s consent
offended party with
the obligation to
deliver or return the
same.
As to the Nature of Possession
Material and
Juridical possession
Physical Possession
only
[REYES, Book 2]
of Confidence vs.
Estafa with Abuse
Malversation
Estafa with Abuse
Malversation
of Confidence
[Art. 217]
[Art. 315(1)]
As to the Receipt of Property
Offender is entrusted with funds or property
As to the Nature of the Offense
Continuing offenses
As to the Nature of Funds/Property
Usually Public
Exception: Property
attached by public
authority even if
private [Art. 222,
RPC]
As to the Offender
Private individual or
Public officer
public officer not
accountable for
accountable for
public
funds or property.
public funds or
property
As to Commission through Negligence
No estafa through
Can be committed
negligence
through
abandonment or
negligence
As to Manner of Commission
Private
Misappropriating,
converting or
denying having
received money,
goods or other
personal property;
CRIMINAL LAW
Appropriating, taking
or misappropriating,
consenting or
permitting any other
person to take the
public funds or
property.
[id.]
c. Estafa by Taking Undue Advantage of the
Signature in Blank [Art. 315(1)(c)]
Elements: [B-DeW-D]
1. There is a Blank paper with the signature of
the offended party;
2. Offended party should have Delivered it to
the offender;
3. Document is Written by the offender, above
the signature of the offended party, without
authority to do so; and
4. Document so written creates a liability of, or
causes Damage to, the offended party or
any third person.
2. Estafa by Means of Deceit [Art. 315(2)]
Elements: [FaPReID]
1. There must be a False pretense, fraudulent
act or fraudulent means;
2. Such false pretense, fraudulent act or
fraudulent means must be made or
executed Prior to or simultaneously with the
commission of the fraud.
3. Offended party Relied on the false pretense,
fraudulent act, or fraudulent means and by
reason thereof, was Induced to part with his
money or property.
4. As a result, the offended party suffered
Damage.
NOTE: There is no deceit if the complainant
was aware of the fictitious nature of the
pretense. [People vs. Paredes, G.R. No. L19192, (1923)]
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a. Estafa by Using a Fictitious Name, False
Pretenses and Other Deceits [Art. 315(2)(a)]
Ways of Committing Estafa: [NPO]
1. By using fictitious Name;
2. By falsely Pretending to possess: [QPIPAC-BI]
a. Qualifications,
b. Power,
c. Influence,
d. Property,
e. Agency,
f. Credit,
g. Credit,
h. Business or
i. Imaginary transactions; or
3. By means of Other similar deceits. [REYES,
Book 2]
NOTE: Element of deceit is indispensable,
consisting in the false statement or fraudulent
representation was made prior to, or
simultaneously with the delivery of the thing. It
being essential that such false statement or
fraudulent representation constitutes the very
cause or the only motive which induces the
complainant to part with the thing. [id.]
Use of Fictitious Name
There is use of fictitious name when a person
uses a name other than his real name. [People
vs. Yusay, G.R. No. L-26957, (1927)]
The pretense must be false
There must be evidence that the pretense of
the accused that he possesses power,
influence, etc., is false. [REYES, Book 2]
b. Estafa by Altering the Quality, Fineness
or Weight of anything pertaining to his art
or business [Art. 315(2)(b)]
c. Estafa by Pretending to have bribed any
Government Employee [Art. 315(2)(b)]
NOTES:
a. Offender may still be liable for
defamation which the government
employee allegedly bribed may deem
CRIMINAL LAW
proper to bring against the offender.
[REYES, Book 2]
b. If the crime is consummated - crime is
corruption of public officer. [id.]
3. Estafa by Means of Fraudulent Acts
The acts must be fraudulent; characterized by,
or founded on, deceit, trick or cheat. [REYES,
Book 2.]
a. Estafa by Postdating a Check or Issuing
a Check in Payment of an Obligation
Elements: [OF]
1. Offender postdated a check, or issued a
check in payment of an Obligation; and
2. Such postdating or issuing a check was
done when the offender had no Funds in the
bank, or his funds deposited therein were
not sufficient to cover the amount of the
check.
Check issued must be Genuine
If the check is falsified and the same is cashed
with the bank, or exchanged for cash, the crime
committed is estafa through falsification of a
commercial document. [REYES, Book 2]
Must be the Efficient Cause
To constitute estafa, the post-dating or
issuance of the check should be the efficient
cause of the defraudation. As such, it should be
given either prior to, or simultaneously with, the
act of fraud. [People vs. Reyes, G.R. No.
154159, (2005)]
NOTE: The check should not be postdated or
issued in payment of pre-existing obligation.
[id.]
Prima Facie Evidence of Deceit
There is prima facie evidence of deceit when
the drawer fails to pay 3 days after receiving
notice of dishonor [Art. 315(2)(d), as amended
by RA 4885]
Stoppage of a Payment of a Check
If checks were issued by defendant and he
received money for them and stopped payment
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and did not return the money and if at the time
the check was issued, he had the intention of
stopping payment, he is guilty of estafa. [US vs.
Poe, G.R. No. 13969, (1919)]
Continuing Offense
Estafa by issuance of a bad check is continuing
offense [People v. Yabit, G.R. L-42902, (1977)]
b. Estafa by Obtaining Food or
Accommodation at a Hotel, etc. [Art. 315
(2)(e)]
Punishable Acts: [FCA]
1. By obtaining Food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house or
apartment house without paying therefor,
with intent to defraud the proprietor or
manager thereof;
2. By obtaining Credit at any of said
establishments by the use of any false
pretense; or
3. By Abandoning or surreptitiously removing
any part of his baggage from any of said
establishments after obtaining credit, food,
refreshment or accommodation therein,
without paying therefor.
3. Estafa Through Fraudulent Means [Art.
315(3)]
a. Estafa by Inducing Another to Sign Any
Document
Elements: [ISiP-P]
1. Offender Induced the offended party to sign
a document.
2. Deceit was employed to make him Sign the
document.
3. Offended party Personally signed the
document.
4. Prejudice was caused.
NOTE: If the offended party is willing and ready
from the beginning to sign the document and
there is deceit as to the character or contents
of the document, because the contents are
CRIMINAL LAW
different from those which the offended party
told the accused to state in the document, the
crime is falsification. [REYES, Book 2]
b. Estafa by Resorting to Some Fraudulent
Practice to Ensure Success in Gambling
[Art. 315(3)(b)]
c. Estafa by Removing, Concealing or
Destroying Court Records, Office Files, and
other Documents [Art. 315(3)(c)]
Elements: [CRD]
1. There are Court records, office files,
documents or any other papers.
2. Offender Removed, concealed or destroyed
any of them.
3. Offender had intent to Defraud another.
NOTE: If there is no intent to defraud, the act
of destroying a court record will be malicious
mischief. [Reyes Book, Two]
Infidelity in Custody of Document vs. Estafa
by Removing, Concealing or Destroying a
Document
Infidelity in
Estafa
Custody of
[Art. 315, 3(c)]
Documents
[Art. 226]
As to the Manner of Commission
Both are Similar in the Manner of
Commission
As to the Property Involved
Offender is a public
Offender is a private
officer who is
individual or even a
officially entrusted
public officer who is
with the custody of
not officially
documents
entrusted with the
custody of said
documents.
As to Intent
No Intent to Defraud There is Intent to
Defraud
[REYES, Book 2]
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b. Article 316 – Other Forms of
Swindling
Punishable Acts:
1. Conveying, selling, encumbering, or
mortgaging
any
real
property,
pretending to be the owner of the same
Elements: [I-ROP]
a. Thing is Immovable (e.g., parcel of land or
building).
b. Offender is not the owner but Represents
himself as the owner thereof.
c. Offender executed an act of Ownership
(selling, encumbering or mortgaging the real
property).
d. Act was made to the Prejudice of the owner
or a third person. [REYES, Book 2]
Swindling vs. Estafa by False Pretenses
Estafa by False
Swindling
Pretenses
[Art. 316(1)]
[Art. 315, 2(a)]
As to the Property Involved
Covers immovable
May cover personal
or real property.
and real property.
As to Acts Committed
Selling, or
Pretense in owning
encumbering, or
real or personal
mortgaging any real property and
property, and doing
defrauding the
some act of
offended party.
dominion or
ownership over the
property to the
damage and
prejudice of the real
owner of the thing.
[REYES, Book 2]
2. By disposing of real property as free
from encumbrance, although such
encumbrance be not recorded
Elements: [DKRD]
a. Thing Disposed of is real property.
CRIMINAL LAW
b. Offender Knew that the real property was
encumbered, whether the same was
recorded or not.
c. There was express Representation by the
offender that the real property is free from
encumbrance; and
d. Act of disposing of the real property was
made to the Damage of another. [REYES,
Book 2]
Definition of Terms [REYES, Book 2]:
1. “Dispose” – includes encumbering or
mortgaging.
2. “Encumbrance” – includes every right or
interest in the land which exists in favor of
third persons.
3. Wrongfully taking by the owner of his
personal property from its lawful possessor
Elements: [OPWP]
1. Offender is the Owner of personal property.
2. Property is in the lawful Possession of
another.
3. Offender Wrongfully takes it from its lawful
possessor.
4. Prejudice is caused to the lawful possessor
or third person.
Mode 1 v. Mode 3
Pretending to be
Owner of Real
Property
[Mode 1]
Wrongfully Taking
Personal Property
from Lawful
Possessor
[Mode 3]
As to the Property Involved
Immovable Property
Personal Property
As to Ownership
Offender
merely Offender
is
the
represents himself owner
of
the
as the owner of the personal property.
immovable property
involved
As to the Acts Committed
Offender committed The personal
an act of ownership property is
prejudicial to the
wrongfully taken
true owner of the
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property or a third
person.
CRIMINAL LAW II
from possession of a
lawful possessor.
CRIMINAL LAW
offender guaranteed the fulfilment of his
obligation as surety
Theft vs. Other Forms of Swindling, Mode 3
Wrongfully Taking
Personal Property
Theft
from Lawful
[Art. 308]
Possessor
[Art. 316[3]]
As to the Property Involved
Personal Property
As to Ownership
Property belongs to
Offender is the
another (offender is
owner of the
not the owner or
personal property.
possessor)
As to the Acts Committed
Offender unlawfully
Personal property is
takes the personal
wrongfully taken
property of another
from possession of a
with intent to gain.
lawful possessor.
As to the Presence of Violence
Committed without Violence or Intimidation
Elements: [SGS-WCR]
1. Offender is a Surety in a bond given in a
criminal or civil action.
2. Surety Guaranteed the fulfillment of such
obligation with his real property or
properties.
3. Surety Sells, mortgages, or, in any other
manner encumbers said real property.
4. That such sale, mortgage, or encumbrance
is
a. Without express authority from the court;
or
b. Made before the Cancellation of his
bond; or
c. Made before being Relieved from the
obligation contracted by him.
4. Executing any fictitious contract to the
prejudice of another
c. Article 317 – Swindling a Minor
Elements: [EFP]
1. Offender Executes a contract
2. Contract is Fictitious
3. Prejudice is caused.
5. By accepting any compensation for
services not rendered or for labor not
performed
Elements: [AN]
1. Offender Accepts compensation for
services or labor
2. He did Not render any service or perform
any labor
NOTE: Fraud is an essential element, without
fraud, it merely is solutio indebiti [REYES, Book
2]
NOTE: There must be actual damage caused
under Art. 316, because the penalty is based
on the value of the damage cause”, mere intent
to cause damage is not sufficient [REYES,
Book 2]
Elements: [AICD]
1. Offender takes Advantage of the
inexperience or emotions or feelings of a
minor.
2. Offender Induces such minor to: [ORT]
a. Assume an Obligation, or
b. Give Release, or
c. Execute a Transfer of any Property right.
3. That the Consideration is: [LCO]
a. Some Loan of money; or
b. Credit; or
c. Other personal property.
4. Transaction is to the Detriment of such
minor.
NOTE:
Actual
proof
of
deceit
or
misrepresentation is not essential, as it is
sufficient that the offender takes advantage of
the inexperience or emotions of the minor.
[REYES, Book 2]
6. Selling, mortgaging or encumbering real
property or properties with which the
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CRIMINAL LAW
d. Article 318 – Other Deceits
2. Destructive Arson
Punishable Acts: [NC]
1. Defrauding or damaging another by any
other deceit Not mentioned in the
preceding articles.
2. Interpreting dreams, by making forecasts,
by telling fortunes, or by taking advantage
of the Credulity of the public in any other
similar manner, for profit or gain.
Burning of: [1-P-TWEE]
a. 1 or more buildings or edifices,
consequent to one single act of burning,
or as a result of simultaneous burnings,
committed on several or different
occasions.
b. Any building of public or private
ownership, devoted to the Public in
general or where people usually gather
or congregate for a definite purpose
(e.g., for official governmental function or
business,
private
transaction,
commerce, trade, workshop, meetings
and conferences), or merely incidental to
a definite purpose (e.g., hotels, motels,
transient dwellings, public conveyances
or stops or terminals), regardless of:
i. Whether the offender had knowledge
that there are persons in said building
or edifice at the time it is set on fire; or
ii. Whether the building is actually
inhabited
c. Any train or locomotive, ship or vessel,
airship or airplane, devoted to
Transportation or conveyance, or for
public use, entertainment or leisure.
d. Any building, factory, Warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
e. Any building the burning of which is for
the purpose of concealing or destroying
Evidence of another violation of law, or
for the purpose of concealing bankruptcy
or defrauding creditors or to collect from
insurance. [Art 320, as amended by Sec.
10 RA 7659]
NOTE: As in other cases of estafa, damage to
the offended party is required. [REYES, Book
2]
7. Chapter VII: Chattel Mortgage
a. Article 319 - Removal, Sale, or
Pledge of Mortgaged Property
NOTE: Punishable acts under this Article
involve property mortgaged or pledged under
the Chattel Mortgage Law. RA 11057 or the
Personal Property Security Act has repealed
the Chattel Mortgage Law.
8. Chapter VIII : Arson and Other
Crimes Involving Destruction
a. Articles 320-326B (Repealed by PD
1613, as amended by RA 7659)
NOTE: The laws on Arson in force are PD 1613
and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent
with RA 7659 (Such as Sec. 2 of PD No. 1613)
are deemed repealed. [REYES, Book 2]
Acts of Arson: [SDO]
1. Simple Arson
Elements: [BAO]
A person Burns or sets fire to:
a. Property of Another; or
b. His Own property under circumstances
which expose to danger the life or
property of another. [Sec. 1, PD 1613]
Additional Acts Considered as Destructive
Arson: [2-AI]
a. When arson is perpetrated or committed by
2 or more persons or by a group of persons,
regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitutes an overt act in
the commission or another violation of law.
b. Burning of: [AI]
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i. Any Arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
ii. Inhabited place, storehouse or factory
of inflammable or explosive materials.
[Sec 10(2), RA 7659]
4.
5.
3. Other cases of Arson [PD 1613, Sec. 3]
Burning of any: [O-InIn-PMR]
a. Building used as Offices of the government
or any of its agencies;
b. Inhabited house or dwelling;
c. Industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
d. Plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
e. Rice, sugar or cane Mill, or mill central; and
f. Railway or bus station, airport, wharf or
warehouse.
Special Aggravating Circumstance: [HIBS]
1. Offender is motivated by spite or Hatred
towards the owner or occupant of the
property burned;
2. Committed with Intent to gain;
3. Committed for the Benefit of another; and
4. Committed by a Syndicate. [Sec. 4, PD
1613]
NOTE: This cannot be offset by any mitigating
circumstance. [REYES, Book 2]
Prima Facie Evidence of Arson: [FISWiD2]
1. If gasoline, kerosene, petroleum or other
Flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical,
or
electronic
contrivance
designed to start a fire, or ashes or traces of
any of the foregoing are found in the ruins
or premises of the burned building or
property.
2. If the building or property is Insured for
substantially more than its actual value at
the time of the issuance of the policy.
3. If a substantial amount of Flammable
substances or materials are Stored within
6.
7.
CRIMINAL LAW
the building note necessary in the business
of the offender nor for household use.
If the fire started Simultaneously in more
than one part of the building or
establishment.
If shortly before the fire, a substantial
portion of the effects insured and stored in a
building or property had been Withdrawn
from the premises except in the ordinary
course of business.
If a Demand for Money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim.
If during the lifetime of the corresponding
fire insurance policy more than 2 fires have
occurred in the same or other premises
owned or under the control of the offender
and/or insured.
NOTE: Conspiracy to commit arson
penalized under the law [Sec. 7, PD 1613]
is
Stages of Arson: [AFC]
1. Attempted Arson – offender commences
the commission of the crime directly by
overt acts but does not perform all the acts
of execution due to the timely intervention
of another who chases away the offender.
[REYES, Book 2]
Illustration: Placing the rags soaked in
gasoline beside the wooden wall of the
building and lighting a match but does not
continue to the setting of fire to the rag [id.]
2. Frustrated Arson
Illustration: Person is able to light or set
fire to the rags but the fire was put out
before any part of the building was burned
[US vs. Valdez, G.R. No. L-14128, (1918)]
NOTE: It is argued that there is no such
thing as Frustrated Arson [Boado], as
illustrated in the case of People vs.
Gutierrez [G.R. No. 100699, (1996)],
wherein the court ruled that even if a
building is not completely gutted by fire, the
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crime is still consummated arson, it is
enough that a portion of it is destroyed.
9. Chapter
Mischief
CRIMINAL LAW
IX
–
Malicious
3. Consummated Arson – All acts
necessary to produce combustion are
present in the thing to be burnt. [People v.
Hernandez, G.R. No. 31770, (1929)]
a. Art. 327 - Who are Liable for
Malicious Mischief
NOTE: Extent of damage is immaterial, as
long as a portion of it is burnt. [id.]
Malicious Mischief
Willful damaging of another's property for the
sake of causing damage due to hate, revenge
or other evil motive. [REYES, Book 2]
Illustrations:
Before the fire was put out, it had burned a
part of the building, it is consummated. [id.]
Cases where Both Death and Burning
Occur
In cases where both burning and death occur,
in order to determine what crime/crimes
was/were perpetrated whether arson, murder
or arson and homicide/murder, it
is de
rigueur to ascertain the main objective of the
malefactor:
1. If the main objective is the burning of the
building or edifice, but death results by
reason or on the occasion of arson, the
crime is simply arson, and resulting
homicide is absorbed;
2. If the main objective is to kill a particular
person who may be in a building or
edifice and fire is resorted to as the means
to accomplish such goal the crime
committed is murder only; and
3. If the objective is to kill a particular person,
and in fact the offender has already done
so, but fire is resorted to as a means to
cover up the killing, then there are two
separate and distinct crimes committed
' homicide/murder and arson. [People v.
Malngan, G.R. No. 170470, (2006)]
Arson under PD 1613, as Terrorism
A person who commits an act punishable as
Arson under P.D. 1613, thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace in order to coerce the government to
give in to an unlawful demand, shall be guilty of
the crime of terrorism [Sec. 3, PD 9372]
Element: [DNS]
1. Offender deliberately caused Damage to
the property of another.
2. Such act does Not constitute arson or other
crimes involving destruction.
3. Act of damaging another's property be
committed merely for the Sake of
damaging it.
Hate, Revenge, Evil Motive
General Rule: 3rd element presupposes that
the offender acted due to hate, revenge or
other evil motive. [Id.]
Exception: It is malicious mischief even if the
act of damaging another's property was
inspired by the mere pleasure of destroying
[REYES, Book 2]
No Malicious Mischief in the following
cases:
1. If there is no malice in causing the
damage - the obligation to repair or pay for
damages is only civil. [id.]
2. If there is intent to gain – crime
committed is Theft [id.]
“Damage”
Includes not only loss but also diminution of
what a person owns. Thus, damage to
another's house includes defacing it. [id.]
b. Art. 328 – Special
Malicious Mischief
Cases
of
Special Cases of Malicious Mischief: [OPCM]
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CRIMINAL LAW
1. Causing damage to
Obstruct
the
performance of public functions.
2. Using any Poisonous or corrosive
substance.
3. Spreading any infection or contagion
among Cattle.
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public. [REYES, Book 2]
c. Art. 329 – Other Mischiefs
NOTE: These are also
malicious mischief [id.]
d. Art. 330 – Damage and Obstruction
to Means of Communication
called
qualified
Mode 1 of Art. 328 vs. Sedition
Mode 1
Sedition
[Art. 328]
[Art. 139]
As to Presence of a Public and
Tumultuous Uprising
Not Present
Present
As to intention to Obstruct Public
Functions
There is intent to obstruct public functions
[REYES, Book 2]
Theft vs. Art. 328, Mode 4
Theft
Mode 4
[Art. 308]
[Art. 328[4]]
As to the Property Involved
Property belonging
Property belonging
to the National
to the National
Library or National
Library or National
Museum.
Museum, or to any
archive or registry,
road or any thing
used in common by
the public.
As to the Acts Committed
Offender unlawfully
Offender
takes property
deliberately causes
belonging to the
damage for the sake
national library or
of damaging them.
National Museum
Punished Act
Mischiefs not included in Art. 328 and punished
according to the value of the damage caused.
[REYES, Book 2]
NOTE: But, if the amount involved cannot be
estimated, the penalty of arresto menor or fine
not exceeding P200 is fixed by law. [Art. 329,
RPC]
Punishable Act
Damaging any railway, telegraph or telephone
line.
Qualifying Circumstance
Higher penalty shall be imposed if it shall result
in any derailment of cars, collision, or other
accident
NOTE: Derailment or collision of cars should
not have been purposely sought for by the
offender but should have just resulted from
damage to railway, telegraph or telephone
lines. [REYES, Book 2]
Telegraph or Telephone Lines
The telegraph or telephone lines must pertain
to a railway system.
Crimes Committed if Passengers are Killed:
Passenger
Intent to
Crime
s are Killed
Kill
Committed
as a Result
Present
Present
Murder
Damages to
Present
Means of
Not Present
Communicatio
n
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CRIMINAL LAW
e. Art. 331 – Destroying or Damaging
Statues, Public Monuments or
Paintings
legitimate and adopted full brothers or sisters
[id.]
Relatives by Affinity – includes stepfather,
adopted father, and natural children. [id.]
Persons Liable: [SP]
1. Any person who shall destroy or damages
Statues or any other useful or ornamental
public monument; and
2. Any person who shall destroy or damage
any useful or ornamental Painting of a
public nature.
3. Widowed Spouse with respect to property of
the deceased, if:
a. Property belongs to the deceased
spouse; and
b. It has not yet passed into the possession
of a 3rd Person [REYES, Book 2]
10. Chapter X –
Exemption
from
Criminal
Liability
Against Property
a. Art. 332 – Persons Exempt from
Criminal Liability
Civil Liability Only
No criminal, but only civil liability shall result
from the commission of any said crimes,
committed or caused mutually by those
persons. [Art. 332(1), RPC]
Rationale: Law recognizes the presumed coownership of the property between the offender
and the offended party. [REYES, Book 2]
4. Brothers and Sisters and brothers-in-law
and sisters-in-law, if living together; and
Exemption Not Applicable to:
1. Strangers participating in the commission
of the crime [Art. 332(4), RPC]
2. If complexed with another crime
[Carungcong vs. People, G.R. No. 181409,
(2010)]
K. CRIMES AGAINST
CHASTITY
1. Chapter I – Adultery and
Concubinage
a. Article 333 – Adultery
Crimes Exempted: [TSM]
1. Theft,
2. Swindling (estafa),
3. Malicious mischief. [REYES, Book 2]
Persons Exempted: [SADRAS-WS-BS]
1. Spouses;
This includes common law spouses because
Arts. 147-148 of the Family Code provide that
common law spouses are co-owners of the
property. [REYES, Book 2]
2. Ascendants and Descendants, Relatives by
Affinity in the Same line;
Includes legitimate and illegitimate half-brother
and sisters, for the law did not limit the term to
Elements: [MaNoK]
1. Woman is Married;
2. She has sexual intercourse with a man Not
her husband;
3. As regards the man with whom she has
sexual intercourse: he Knows that she is
married.
Persons Liable: [MaMa]
1. Married woman who engages in sexual
intercourse with a man not her husband;
and
2. Man who, knowing of the marriage of the
woman, has sexual intercourse with her [Ar.
333, par. 1]
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Rules as to Marriage Requirement
1. Offended party must be legally married to
the offender at the time of the filing of the
complaint. [REYES, Book 2]
2. Adultery is committed, even if the marriage
is subsequently declared void. [RPC Art.
333, par. 1]
Each Occasion a Crime
Each occasion of sexual intercourse
constitutes a crime of adultery. [People v.
Zapata, G.R. No. L-3047, May 16, 1951]
Mitigating Circumstances
1. When abandoned
The criminal liability is mitigated when
adultery is committed while being
abandoned by her husband without
justification. [RPC, Art. 333, par. 3]
In one case, the SC ruled that when the
husband is believed to be dead, the wife’s
act of giving herself up to the man who lent
her a helping hand during such time of
want and need is considered a mitigating
circumstance. [People v. Alberto, CA 47
OG 2438]
When applicable, both defendants shall be
entitled to the mitigating circumstance
[REYES, Book 2].
2. Recrimination
Husband’s illicit relationship does not
absolve but may mitigate wife’s liability for
adultery. [People v. Florez, CA-G.R. No.
26089-CR, April 6, 1964]
Effect of Acquittal
Acquittal of one party does not automatically
acquit the other in the following cases:
[JIKDeT]
1. There is no joint criminal intent, although
there is a Joint physical act. [REYES, Book
2]
2. One of the parties is Insane; the other sane.
[Id]
3. Man has no Knowledge that the woman is
married. [Id]
CRIMINAL LAW
4. Death of the woman during the pendency of
the action cannot defeat the trial and
conviction of the man. [US v. De la Torre,
G.R. No. 8144 (1913)]
5. Even if the man left the country and could
not be apprehended, the woman can be
Tried and convicted. [US v. Topiño, G.R.
No. 11895, (1916)]
Effect of Death; Paramour v. Offended Party
Death of
Death of Offended
Paramour
Party
Offending wife may The proceedings may
still be prosecuted.
continue. Art. 353
The requirement
seeks to protect the
that both offenders
honor and reputation
should be included
not only of the living
in the complaint is
but of dead persons
absolute only when as well. [Reyes, Book
the two offenders
II]
are alive. [RPC, Art.
344, par. 2]
Pardon by the Offended Party is a bar to
prosecution for Adultery or Concubinage
Requisites:
1. Pardon must be made before the institution
of criminal prosecution; and
2. Both offenders must be pardoned by the
offended party [REYES, Book 2]
NOTE: The act of having intercourse with the
offending spouse after an adulterous conduct
is, at best, an implied pardon of said adulterous
conduct. [id.]
Adultery vs. Prostitution
Adultery [Art. 333]
Prostitution [Art.
202]
As to Nature of Crime
Crime against
Crime against public
chastity
morals
As to Persons Liable
Married woman
Woman, whether
married or not
As to Manner of Commission
Having sexual
Habitual indulgence
in sexual intercourse
intercourse with a
on lascivious
Page 253 of 277
U.P. BOC
man not her
husband
[REYES, Book 2]
CRIMINAL LAW II
conduct for money
or profit
b. Article 334 – Concubinage
Elements: [MaKeSCoK]
1. Man is Married;
2. He is either:
a. Keeping a mistress in the conjugal
dwelling;
b. Having Sexual intercourse under
scandalous circumstance with a woman
not his wife;
c. Cohabiting with her in any other place;
and
3. As regards the woman: she Knows that he
is married.
Persons Liable: [MaW]
1. Married man; and
2. Woman who knew that the man was
married. [Id]
Definition of Terms:
1. Mistress – a woman taken by the accused
to live with him in the conjugal dwelling as
his mistress/concubine. [Id]
2. Conjugal Dwelling – the home of the
husband and the wife, even if the wife
appears to be temporarily absent on any
account. [Id]
3. Cohabit – to dwell together, in the manner
of husband and wife, for some period of
time, as distinguished from occasional
transient interviews for unlawful intercourse.
[People v. Pitoc, G.R. No. 18513,
September 18, 1922]
4. Scandalous Circumstances – Scandal
consists in any reprehensible word or deed
that offends public conscience, redounds to
the detriment of the feelings of honest
persons, and gives occasion to the
neighbors’ spiritual damage or ruin. [People
v. Santos, 87 Phil. 687 (1950)]
CRIMINAL LAW
nature. [People v. Cordova, C.A., G.R. No.
19100-R (1959)]
Mere Cohabitation Sufficient
In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc,
G.R. No. 18513 (1922)]
Liability of Married Man
A married man is not liable for concubinage for
mere sexual relations with a woman not his
wife. It must be under scandalous
circumstances. [REYES, Book 2]
No Knowledge that Woman is Married
A married man who is not liable for adultery
because he did not know that the woman was
married, may be held liable for concubinage. If
the woman knew that the man was married,
she may be held liable for concubinage as well.
[Id]
When Spies are Employed, no evidence of
scandalous circumstances
When spies are employed for the purpose of
watching the conduct of the accused and it
appearing that none of the people living in the
vicinity has observed any suspicious conduct,
there is no evidence of scandalous
circumstances. [US v. Campos Rueda, G.R.
No. L-11549 (1916)]
2. Chapter II – Rape and Acts of
Lasciviousness
a. Article 335 – When and How Rape
is Committed (repealed by RA No.
8353)
NOTE: Art. 335 has been repealed by RA
8353, otherwise known as the Anti-Rape Law
of 1997 which took effect on October 22, 1997.
Usage of Conjugal Dwelling Not Important
The fact that the wife never had a chance to
reside therein and that the husband used it with
his mistress instead, does not detract from its
Page 254 of 277
U.P. BOC
b. Article
336
Lasciviousness
CRIMINAL LAW II
-
Acts
of
Elements: [APeC – FoDeFraU]
1. Offender commits any Act of lasciviousness
or lewdness;
2. Act is committed against a Person of either
sex; and
3. It is done under any of the ff.
Circumstances:
a. By using Force or intimidation; or
b. When the offended party is Deprived of
reason or otherwise unconscious;
c. By means of Fraudulent machination or
grave abuse of authority
d. When the offended party is Under 12
years of age or is demented.
Lewd – obscene, lustful, indecent, lecherous;
signifies form of immorality which has relation
to moral impurity or that which is carried in
wanton manner. [Lutap v. People, G.R. No.
204061, February 5, 2018]
• Example: When the accused not only
kissed and embraced the complainant but
fondled her breast with the particular
design to independently derive vicarious
pleasures therefrom, the element of lewd
designs exist. [People v. Panopio, CA 48
OG 145]
No
Frustrated
or
Attempted
Acts
Lasciviousness
There can be no attempted and frustrated acts
of lasciviousness. [REYES, Book 2] The crime
of consummated rape absorbs acts of
lasciviousness. [People v. Tabarangao, G.R.
No. 116535-36, February 25, 1999]
Sweetheart Defense Inapplicable
For purposes of sexual intercourse and
lascivious conduct in child abuse cases under
RA 7610, the sweetheart defense is
unacceptable. A child exploited in prostitution
or subjected to other sexual abuse cannot
validly give consent to sexual intercourse with
another person. [Malto v. People, G.R. No.
164733 (2007)]
CRIMINAL LAW
Abuses Against Chastity vs. Crimes
Against Chastity
Abuses Against
Crimes Against
Chastity [Art. 246]
Chastity [Art. 336]
Committed by Whom
In a majority of
Public officer
cases, a private
individual
As to How Committed
It is necessary that
Mere immoral or
some actual act of
indecent proposal
lasciviousness
made earnestly and should have been
persistently
executed by the
offender
Acts of Lasciviousness v. Grave Coercion
v. Unjust Vexation [REYES, Book 2]
Acts of
Grave
Unjust
Lasciviousn
Coercion
Vexation
ess [Art.
[Art. 286]
[Art. 287]
336]
Nature of Compulsion or Force
Compulsion
Compulsion No presence
or force is
or force is
of
included in
the very act
compulsion
the
constituting
or force, act
constructive
the offense
of touching
element of
of grave
is a mere
force
coercion
incident
What Must Accompany the Act
Need not be
Must be
Moral
accompanie
d by any
accompanied compulsion
by acts of
amounting
moral
lasciviousnes to
compulsion
or acts of
s or
intimidation
lewdness
is sufficient
lasciviousne
ss
When Punishable Under RA No. 7610
(Special Protection of Children Against
Abuse, Exploitation and Discrimination Act)
Acts of lasciviousness is punished under RA
No. 7610 when performed on a child below 18
years of age, exploited in prostitution or
subjected to other sexual abuse. [REYES,
Book 2]
Page 255 of 277
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CRIMINAL LAW II
Elements of Lascivious Conduct under RA
No. 7610
The following elements of sexual abuse under
Sec. 5 (b) of RA 7610 must be proven in
addition to the elements of acts of
lasciviousness: [SE-18]
a. Accused commits the act of Sexual
intercourse or lascivious conduct.
b. Said act is performed with a child Exploited
in prostitution or subjected to other sexual
abuse.
c. Child, whether male or female, is below 18
years of age. [Navarrete v. People, G.R.
No. 147913 (2007)]
Additional elements, according to the IRR:
[TSIG]
a. There is intentional Touching, either directly
or through clothing, of the genitalia, anus,
groin, breast, inner thigh, or buttocks, OR
the introduction of any object into the
genitalia, anus or mouth, of any person,
b. Committed against same or opposite Sex,
c. There is Intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual
desire
of
any
person,
bestiality,
masturbation, lascivious exhibition of the
genitals or pubic area of a person.
3.
Chapter III – Seduction,
Corruption of Minors and
White Slave Trade
a. Article 337 - Qualified Seduction
Seduction - enticing a woman to unlawful
sexual intercourse by promise of marriage or
other means of persuasion without use of
force. It applies when there is abuse of
authority (qualified seduction) or deceit (simple
seduction). [REYES, Book 2]
Two Classes of Seduction:
a. Seduction of a virgin over 12 years and
under 18 years of age by certain persons
such as, a person in authority, priest,
teacher or any person who, in any capacity
shall be entrusted with the education or
custody of the woman seduced.
CRIMINAL LAW
b. Seduction of sister or descendant, whether
or not she is a virgin or over 18 years of age
Elements of (a): [VOUSA]
1. Offended party is a Virgin, which is
presumed if she is unmarried and of good
reputation;
2. She is Over 12 and Under 18 yrs. of age;
3. Offender had Sexual intercourse with her;
and
4. There is Abuse of authority, confidence, or
relationship on the part of the offender.
Elements of (b): [SiDoSBA]
1. Offended party is the Sister or Descendant
of the offender, regardless of the former’s
age or virginity;
2. Offender had Sexual intercourse with her;
and
3. Offender is her Brother or Ascendant by
consanguinity, whether legitimate or
illegitimate.
NOTES:
1. If the sister or descendant is under 12
years of age, the crime would be rape; and
2. If she is married and over 12 years of age,
it would be adultery [REYES, Book 2].
Virgin - a woman of chaste character and of
good reputation. The offended party need not
be physically a virgin because virginity is
presumed if the woman is unmarried and of
good reputation. [People v. Yap, G.R. No. L25176, (1968); People v. .Ramos, CA, 72 OG
8139]
Offenders in Qualified Seduction: [AER]
1. Those who abused their Authority:
a. Person in public authority
b. Guardian; or
c. Teacher
2. Person who, in any capacity, is Entrusted
with the education or custody of the woman
seduced.
3. Those who abused confidence reposed in
them:
a. Priest
b. House servant; or
c. Domestic
Page 256 of 277
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CRIMINAL LAW II
CRIMINAL LAW
4. Those who abused their Relationship:
a. Brother who seduced his sister; or
b. Ascendant
who
seduced
descendant.
without use
of force
his
Domestic – a person usually living under the
same roof, pertaining to the same house.
[REYES, Book 2]
Not a Continuing Offense
The loss of virginity during the minority of the
offended party consummated the offense, and
the virginity of a woman cannot be lost twice.
Carnal relations after 18 years of age does not
constitute continuation of the offense begun
when she was under 18. [People v. Bautista,
12 OG 2405]
Acts of Lasciviousness v. Attempted Rape
v. Qualified Seduction
Acts
of
Attempted
Qualified
Lasciviousne
Rape
Seduction
ss [Art. 336] [Art. 266-A] [Art. 337]
Offended Party
Either sex
Woman
Woman
(Rape by
sexual
intercourse)
Requisite of Sexual Intercourse
Not
Not required,
Element of
required,
the offense
lascivious
what is
acts are the
final objective required is
sought by the that the
intent be to
offender
lie with the
victim
Intent
Acts
Acts
Enticing a
performed do performed
woman to
not indicate
clearly
unlawful
that the intent indicate that sexual
of the
the
intercourse
accused was
accused’s
by promise
to lie w/ the
purpose
of marriage
offended
was to lie w/ or other
party.
the offended means of
woman.
persuasion
Not a
defense; if
there is
consent, it
can be
punished
under Art. 339
Consent
Defense;
consent
given by the
offended
party results
in
consensual
sex and is
not
punishable
Not a
defense
b. Article 338 - Simple Seduction
Elements: [ORSeD]
1. Offended party is Over 12 and under 18
years of age;
2. She is of good Reputation, single or widow;
3. Offender had Sexual intercourse with her;
and
4. It was committed by means of Deceit.
Deceit
Deceit generally takes the form of unfulfilled
promise of marriage and this promise need not
immediately precede the carnal act. [People v.
Iman, 62 Phil 92]
Promise of marriage by a married man is not a
deceit, if the woman knew him to be married.
[REYES, Book 2]
Qualified Seduction vs. Simple Seduction
Qualified
Simple Seduction
Seduction [Art.
[Art. 338]
337]
Virginity
Essential element of Not an essential
the crime
element, it is enough
that the woman is
single or a widow of
good reputation and
has a chaste life
[Reyes, Book II]
Deceit
Not an essential
Essential element
element since it is
Page 257 of 277
U.P. BOC
CRIMINAL LAW II
replaced by abuse
of confidence.
[People v.
Fontanilla, G.R. No.
L-25354 (1968)]
As to Manner of Commission
May be committed
Can be committed
only with abuse of
even without abuse
authority, abuse of
of authority, abuse
confidence or abuse of confidence or
of relationship
abuse of relationship
As to Offender
Specific offenders
Any person so long
such as a person in
as there is deceit.
public authority,
priest, house
servant, guardian,
teacher or any
person entrusted
with the education or
keeping of the
offended woman
seduced, a brother
seducing his sister,
or ascendant
seducing a
descendant.
c. Article
339
Acts
of
Lasciviousness with the Consent
of the Offended Party
Elements: [LUA]
1. Offender commits acts of Lasciviousness or
lewdness;
2. Acts are committed upon a woman who is a
virgin or single or widow of good reputation,
Under 18 yrs. of age but over 12 yrs., or a
sister or descendant, regardless of her
reputation or age; and
3. Offender Accomplishes the acts by abuse of
authority, confidence, relationship, or
deceit.
"With the Consent of the Offended Party."
The offended woman may have consented to
the acts of lasciviousness being performed by
the offender on her person, but the consent is
obtained by abuse of authority, confidence or
CRIMINAL LAW
relationship or by means of deceit. [REYES,
Book 2]
Offended Party
Male cannot be the offended party under Art.
339; unlike Art. 336, it does not mention
“persons of either sex” as the offended party.
[id.]
Circumstances for Seduction
It is necessary that it be committed under
circumstances which would make it qualified or
simple seduction had there been sexual
intercourse, instead of acts of lewdness only.
[REYES, Book 2]
Higher Degree Imposed if Victim is Under
12
When the victim is under 12 yrs., the penalty
shall be one degree higher than that imposed
by law. [Sec. 10, RA 7610]
Acts of Lasciviousness vs. Acts of
Lasciviousness with Consent
Acts of
Acts of
Lasciviousness
Lasciviousness
with Consent
[Art. 336]
[Art. 339]
Circumstances under Which the
Crime was Committed
Committed under
Committed under
circumstances
circumstances
which, had there
which, had there
been carnal
been carnal
knowledge, would
knowledge, would
amount to rape
amount to either
qualified or simple
seduction
Offended Party
Offended party
Offended party is a
should only be
female or male
female
d. Article 340 - Corruption of Minors
(as amended by BP Blg. 92)
Punishable Act: Promoting or facilitating the
prostitution or corruption of persons underage
Page 258 of 277
U.P. BOC
CRIMINAL LAW II
(below 18 years old) to satisfy the lust of
another. [REYES, Book 2]
NOTES:
1. It is not necessary that the unchaste acts
shall have been done. What the law
punishes is the act of a pimp who facilitates
the corruption of, and not the performance
of unchaste acts upon the minor. [id.]
2. Victim must be of good reputation, not a
prostitute or corrupted person. [id.]
"To satisfy the lust of another."
Because of this phrase, one who casts for his
own ends does not incur the sanction of the
law. [id.]
e. Article 341 - White Slave Trade
Acts Punishable: [BuPS]
1. Engaging in Business of prostitution
2. Profiting by prostitution
3. Enlisting the Services of women for the
purpose of prostitution.
Corruption of Minors vs. White Slave Trade
Corruption of
White Slave Trade
Minors [Art. 340]
[Art. 341]
Minority of Victims
It is essential that
Victim need not be a
the victims are
minor
minors
Sex of Victims
May be of either sex Females
Profit
Not necessarily for
Generally for profit
profit
Habituality
Committed by a
Generally committed
single act
habitually
[REYES, Book 2]
Prostitution
[Art. 202]
Slavery
[Art. 272]
Offender
White
Slave
Trade
[Art. 341]
Prostitutes
who, for
money or
profit,
habitually
indulge in
sexual
intercourse or
lascivious
conduct
CRIMINAL LAW
Anyone who
purchases,
sells,
kidnaps or
detains a
human
being for the
purpose of
enslaving
him
Anyone
who
engages in
the
business or
profits by
prostitution
or enlists
another for
the purpose
of
prostitution
Consent of Woman
Woman
Committed
With or
consented
against her
without
since she is
will
woman’s
the one
consent
habitually
engaged in
the act
4. Chapter IV - Abduction
a. Article 342 - Forcible Abduction
Elements: [WAL]
1. Person abducted is any Woman, regardless
of her age, civil status or reputation;
2. Abduction is Against her will; and
3. Abduction is with Lewd designs.
Abduction
The taking away of a woman from her house or
the place where she may be for the purpose of
carrying her to another place with intent to
marry or corrupt her. [People v. Crisostomo,
G.R. No. L-19034, February 17, 1923]
If Female is Under 12 years of age
If the female abducted is under 12, the crime is
forcible abduction, even if she voluntarily goes
with her abductor. [Id]
Elements of Complex Crime of Forcible
Abduction with Rape:
1. Abductor had carnal knowledge of the
abducted women; and
2. It is committed by:
a. Using force or intimidation; or
Page 259 of 277
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b. When the woman is deprived of reason
or otherwise unconscious or when the
woman is under 12 years of age or is
demented. [People v. Domingo, G.R. No.
225743, June 7, 2017]
NOTE: Primary objective of the offender must
not be to commit rape [id.]
Forcible Abduction with Several Acts of
Rape
While the first act of rape was being performed,
the crime of forcible abduction had already
been consummated, hence, forcible abduction
can only be attached to the first act of rape,
detached from the 3 subsequent acts of rape.
The effect therefore would be one count of
forcible abduction with rape and 4 counts of
rape for each of the accused. [People v. Jose,
G.R. No. L-28232 (1971)]
Rules on Absorption
1. Forcible abduction is absorbed by rape –
if main objective was to rape the victim
[People v. Godines, G.R. No. 93410
(1991)].
2. Attempted rape is absorbed by forcible
abduction – thus, there is no complex
crime of forcible abduction with attempted
rape. [Id]
3. Conviction of acts of lasciviousness is
not a bar to conviction of forcible
abduction. [People v. Godines, G.R. No.
93410 (1991)]
Forcible Abduction v. Grave Coercion v.
Serious Illegal Detention
Serious
Forcible
Grave
Illegal
Abduction
Coercion
Detention
[Art. 342]
[Art. 286]
[Art. 267]
As to Existence of Lewd Design
Lewd design Lewd design
With lewd
is not an
is not an
design
element
element
As to Deprivation of Liberty
CRIMINAL LAW
No
There is
deprivation
deprivation
of liberty.
of liberty.
[REYES, Book 2]
There is
deprivation
of liberty
Forcible Abduction with Rape vs.
Kidnapping with Rape vs. Corruption of
Minors
Forcible
Abductio
Kidnapping
Corruption
n with
with Rape [Art.
of Minors
Rape
267]
[Art. 340]
[Art. 342]
As to Purpose
Purpose
Purpose is to
Purpose is
is to
deprive the
to lend the
effect his
victim of his
victim to
lewd
liberty.
illicit
designs
intercourse
on the
with others
victim
As to Classification
Crime
Crimes
Crime against
against
against
liberty
chastity
Chastity
[REYES, Book 2]
b. Article 343 - Consented Abduction
Elements: [VOCoL]
1. Offended party is a Virgin;
2. She is Over 12 and under 18 yrs. of age;
3. Offender takes her away with her Consent,
after solicitation or cajolery from the
offender;
4. Taking away is with Lewd designs.
NOTE: When there was no solicitation or
cajolery and no deceit and the girl voluntarily
went with the man, there is no crime committed
even if they had sexual intercourse. [REYES,
Book 2]
Complex Crime of Consented Abduction
with Rape
When a 15-year-old girl was induced by the
accused to leave her home and later was
forcibly violated by him, the accused is guilty of
the complex crime of consented abduction with
Page 260 of 277
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CRIMINAL LAW
rape. [People v. Amante, G.R. No. L-25604,
December 6, 1926]
b. If of legal age and not incapacitated, only
she can file the complaint.
Crimes against Chastity where Age and
Reputation are Immaterial: [RAQF]
a. Rape [Art. 266-A];
b. Acts of lasciviousness against the will or
without the consent of the offended party
[Art. 336]
c. Qualified
seduction of sister or
descendant [Art. 337]
d. Forcible abduction [Reyes, Book Two]
[Art. 342]
Criminal
prosecution
cannot
be
instituted:
a. Unless instituted by the offended party or
her parents, grandparents, or guardian;
or
b. If offender has been expressly pardoned
by the above-named persons
Crimes against Chastity where Age and
Reputation is Material: [QS-LaCA]
a. Qualified Seduction (of a virgin over 12
and under 18) [Art. 337]
b. Simple Seduction [Art. 338]
c. Acts of Lasciviousness with the Consent
of the Offended Party [Art. 339]
d. Corruption of Minors [Art. 340]
e. Consented Abduction [Art. 343]
5. Chapter
V:
Provisions
Relating to the Preceding
Chapters of Title 11
a. Article 344 - Prosecution of Private
Offenses
How prosecuted:
a. Adultery and Concubinage - prosecuted
upon the complaint signed by the offended
spouse.
Criminal
prosecution
cannot
be
instituted:
a. Unless both guilty parties, if both are
alive, are included; or
b. If offended party have consented or
pardoned the offenders
b. Seduction, Abduction and Acts of
Lasciviousness - prosecuted upon the
complaint signed by the offended party –
a. Even if a minor, or
If a minor or incapacitated refuses to file,
either of the next succeeding persons
may file:
a. Either of the parents;
b. Either of the grandparents, maternal or
paternal;
c. Legal or judicial guardian; or
d. The state, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known
parents, grandparents or guardians.
[Rules of Court, Rule 110, Sec. 5]
NOTE: The right to file the action shall be
exclusive of all other persons and shall be
exercised successively in the order
provided above [Rules of Court, Rule 110,
Sec. 5].
Rape May be Prosecuted de officio
Rape is now a crime against persons, which
may be prosecuted de officio. [RA No. 8353,
Sec. 2]
Complex Crimes; Instituted by Public
Prosecutor
In case of complex crimes, where one of the
component offenses is a public crime, the
criminal prosecution may be instituted by the
public prosecutor. [People v. Yu, G.R. No. L13780, January 28, 1961]
Effect of Marriage
1. Marriage of the offender with the offended
party in seduction, abduction, acts of
lasciviousness and rape, extinguishes
criminal action or remits the penalty already
imposed [Art. 344, RPC].
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2. It also extinguishes the criminal actions
against the co-principals, accomplices, and
accessories [Art. 344, RPC]
3. Marriage must be entered into in good faith.
4. Marriage may take place even after criminal
proceedings have commenced, or even
after conviction (extinguishes criminal
action and remits penalty). [REYES, Book 2]
Pardon
Pardon of the offenders by the offended party
is a bar to prosecution for adultery or
concubinage [Art. 344, par. 2]
CRIMINAL LAW
Civil Liability of Adulterer and Concubine
The adulterer and the concubine can be
sentenced only to indemnify for damages
caused to the offended spouse.
● The article authorizes the imposition of
indemnity in cases of concubinage against
the concubine only, but not against the
guilty husband. [REYES, Book 2]
● The guilty wife in adultery cannot also be
sentenced to indemnify for damages
caused to the offended husband, the law
speaks of adulterer not adulteress [id.]
All the Accused must Support the Offspring
All the accused must support the offspring
since any one of them may be the father and
contributed in giving birth to the child. [id.]
Pardon; How Given
General rule: May be express or implied
Exception: Pardon must be express in
seduction, abduction, rape, or acts of
lasciviousness. [REYES, Book 2]
Condonation
Condonation is forgiveness based upon the
presumption and belief that the guilty party has
repented. However, any act of infidelity to the
vows of marriage, subsequent to the
condonation constitutes a new offense.
[REYES, Book 2]
b. Article 345: Civil Liability of
Persons Guilty of Crimes Against
Chastity
Those Guilty of Rape, Seduction or
Abduction shall: [IOS - AMDO]
1. Indemnify the offended woman
2. Acknowledge the Offspring, unless the law
should prevent him from doing so
3. Support the offspring, except:
a. In cases of Adultery and Concubinage
b. Where either of the offended party or
accused is Married
c. When paternity cannot be Determined,
such as in multiple rape; and
d. Other instances where the law prevents
such
Moral Damages
Moral damages may be recovered both by the
offended party and her parents. [id]
c. Article
346
–
Liability
of
Ascendants, Guardians, Teachers
and Other Persons Entrusted with
the Custody of the Offended Party
Persons Liable: [CETeC]
1. Persons who Cooperate as accomplices in
rape, seduction, abduction, etc. [CATAG]
a. Ascendants
b. Guardians
c. Curators
d. Teachers, and
e. Any other person, who cooperate as
accomplice with abuse of authority or
confidential relationship
2. Teachers or persons entrusted with
Education and guidance of the youth shall
be
penalized
with
disqualification
(temporary special disqualification to
perpetual special disqualification).
3. Any person falling within the Terms of this
article, and any other person guilty of
Corruption of minors for the benefit of
another, shall be punished by special
disqualification from filling the office of
guardian. [Art. 346]
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Punished as Principals
Above-mentioned persons who act as
accomplices in crimes against chastity (except
adultery and concubinage) shall be punished
as principals. [RPC, Art. 346, par. 1]
L. CRIMES AGAINST THE CIVIL
STATUS OF PERSONS
1. Chapter I: Simulation of
Births and Usurpation of Civil
Status
a. Article 347 - Simulation of Births,
Substitution of One Child for
Another, and Concealment or
Abandonment of a Legitimate
Child
Punishable Acts [SimSuCo]
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate
child with intent to cause such child to lose
its civil status.
Elements:
Mode 1:
Simulation
of births
[PNT]
1.Woman
Pretends to
be pregnant
Mode 2:
Substitutio
n of 1 child
for another
[EW]
1. A child of
a couple is
Exchanged
with a child
of another
couple/ A
living child is
placed in
place of
another
woman’s
dead child
Mode 3:
Concealing
or
Abandonin
g any
legitimate
child [LAI]
1. The child
is Legitimate
2. She is Not
actually
pregnant
CRIMINAL LAW
2. The
exchange is
Without the
knowledge
of the
respective
parents
3. She
Takes
another child
as her own
on the day of
supposed
delivery
[REYES, Book 2]
2. The
offender
conceals or
Abandons
such child
3. The
offender has
the Intent to
cause such
child to lose
its civil
status
NOTES:
a. Object of the crime is the creation of false,
or the causing of loss of civil status.
[REYES, Book 2]
b. Unlawful sale of a child by his father is not
a crime under this article. [US v. Capillo,
G.R. No. 9279 (1915)]
“Abandon”
It is the practice of abandoning newly born
infants and very young child at the door of
hospitals and churches. It is leaving the child at
a public place where other people may find it
and causing the child to lose its civil status.
[REYES, Book 2]
Other Persons Liable :
1. The woman who simulates the birth and
the one who furnishes the child are both
responsible as principals. [REYES, Book 2]
2. A physician or surgeon or public officer,
who cooperates in the execution of these
crimes, is also liable if he acts in violation
of the duties of his profession or office.
[REYES, Book 2]
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Abandonment in Art 347 v. Abandoning a
Minor in Art 246
Concealment or
Abandoning a
Abandonment of a
Minor
Legitimate Child
[Art. 246]
[Art. 347]
As to the Offender
One who has the
Any person
custody of the child
As to Intent
To avoid obligation
To cause the child to
of rearing and
lose his civil status
caring for the child
b. Article 348 - Usurpation of Civil
Status
Elements [RAE]
1. A person Represents himself to be another
2. He Assumes the filiation or the parental or
conjugal rights of such another person; and
3. There is intent to Enjoy the rights arising
from the civil status of another
Qualifying Circumstance
The crime is qualified if the purpose is to
defraud the offended party or his heirs [Art.
348, RPC].
NOTE: Usurpation of profession may be
punished under this Article. [REYES, Book 2]
Usurpation of Civil Status v. Using
Fictitious Name v. Estafa by Deceit
Usurpation
Using
Estafa
of Civil
Fictitious
[Art. 315]
Status [Art.
Name [Art
348]
178]
As to Intent
Intent to enjoy Intent is to
Intent is to
rights arising
conceal a
defraud
from
crime, evade
another
another’s civil the execution (estafa by
status must
of a
means of
be present
judgement, or deceit)
cause
damage to
public interest
As to Necessity of Actual Damage
CRIMINAL LAW
Damage not necessary
Damage or
prejudice
is
necessary
2. Chapter II: Illegal Marriages
a. Article 349 – Bigamy
Elements [LeNSEs]:
1. Offender has been Legally married;
2. Marriage has Not been legally dissolved or,
in case his or her spouse is absent, the
absent spouse could not yet be presumed
dead according to Civil Code
3. Offender contracts a Second or subsequent
marriage
4. The second or subsequent marriage has all
the Essential requisites for validity.
NOTE: Bigamy does not apply to those married
under the Muslim Code [PD 2083, Art 180]
Causes Producing Legal Dissolution of
First Marriage
1. Death of one of the contracting parties
2. Judicial declaration annulling a void
marriage;
3. Judicial decree annulling a voidable
marriage [REYES, Book 2]
Validity of Marriage
1. The fact that the first marriage is void
from the beginning is not a defense. As
with voidable marriage, there must be a
judicial declaration of nullity of marriage
before contracting the second marriage.
[Mercado v. Tan, G.R. No. 137110 (2000)]
2. Validity of second marriage is a
prejudicial question.
The second
marriage must have all the essential
requisites for validity in such a way that it
would have been valid were it not for the
subsistence of the first marriage. If the
second marriage is void, there is no
bigamy. [People v. De Lara, 51 OG 4079]
However, note that declaration of nullity of
the second marriage due to psychological
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incapacity is not a defense. Since a
marriage
contracted
during
the
subsistence of a valid marriage is
automatically void, the nullity of the 2nd
marriage is not per se an argument to avoid
criminal liability [Tenebro v. CA, G.R. No
150758 (2004)]
Effect of Divorce
When both
spouses are
Filipino Citizens
The divorce
obtained from
foreign courts is not
valid. A spouse who
remarries is still
liable for bigamy.
One who contracts a
second marriage
believing he was
lawfully divorced
may be liable for
bigamy through
reckless imprudence
[People v.
Schneckenburger,
G.R. No. 2457
(1938)]
[REYES, Book 2]
When one spouse
is an alien
The Filipino spouse
is capacitated to
remarry just as the
foreign spouse is
[Art. 26, Family
Code] Thus after
obtaining a divorce,
the Filipino spouse
may contract a
second marriage
without being liable
for bigamy.
Bigamy and Concubinage
One convicted of bigamy may also be
prosecuted for concubinage as both are
distinct offenses. The first is an offense against
civil status, which may be prosecuted at the
instance of the state; the second is an offense
against chastity, and may be prosecuted only
at the instance of the offended party. [REYES,
Book 2]
Persons Liable as Accomplices
If they have knowledge of the first marriage, the
following are liable as accomplices: [SW]
1. Second Spouse; and
2. Witness who falsely vouches for the
capacity of the contracting parties [id.]
CRIMINAL LAW
Defense has Burden of Proof
Once the prosecution has established that the
defendant was already married at the time he
contracted the second marriage, the burden of
proof to show the dissolution of the first
marriage is on the defense. [id.]
Prescription Period
Prescription commences not from the time of
commission but from the time of its discovery
by the complainant spouse. The rule of
constructive notice does not apply. [Regalado]
Bigamy vs. Adultery and Concubinage
Bigamy
Adultery/Concubin
[Art 349]
age [Art 333/Art
334]
As to Nature of the Offense
Public Offense,
Private offense,
crime against status crime against
chastity
As to Effect of Pardon
No effect
Bars prosecution
As to Who May Prosecute
At the instance of
Only at the instance
the State; thus it is
of the offended party
immaterial who
initiates the action.
As to Who should be Impleaded
The offending
Both the guilty
spouse. The
parties must be
second/subsequent impleaded (the
spouse is not
offending spouse
necessarily liable for and the other party).
the crime of bigamy
and whether he/she
should be included
in the information
will be determined
by the fiscal
conducting the
preliminary
investigation.
[People v. Schneckenburger, G.R. No 48183
(1941)]
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b. Article 350 - Marriage Contracted
against Provisions of Laws
Elements [CK-ND]:
1. Offender Contracted marriage; and
2. He Knew at the time that:
a. Requirements of the law were Not
complied with; or
b. Marriage was in Disregard of a legal
impediment.
CRIMINAL LAW
M.CRIMES
HONOR
AGAINST
1. Chapter I – Libel
SECTION 1. DEFINITION, FORMS, AND
PUNISHMENT OF THIS CRIME
a. Article 353 - Libel
NOTE: Offender must not also be guilty of
bigamy [id.]
Qualifying Circumstance
The crime is qualified when the consent of the
other party was obtained through violence,
intimidation, or fraud [Art. 350].
c. Article 351 - Premature Marriage
(Repealed by RA No. 10655)
NOTE: This provision has been when
President Benigno Aquino III signed into law
RA 10655 (Act Repealing Art. 351 of the RPC),
thus decriminalizing the said article.
d. Article 352 - Performance of Illegal
Marriage Ceremony
Elements [AP]
1. Offender is Authorized to solemnize
marriages
2. He Performs or authorizes any illegal
marriage ceremony
Persons Liable [PC]
The following can be held liable for performing
or authorizing any illegal marriage ceremony:
1. Priests or ministers of any religious
denomination or sect, or
2. Civil authorities [REYES, Book 2]
NOTE: If the offender is not so authorized to
solemnize marriages, he is liable under Art
177, Usurpation of Authority [REYES, Book 2]
NOTE: Defamation is the proper term for libel
as used in Art. 353 [REYES, Book 2]
Defamation - Includes libel and slander,
means the offense of injuring a person's
character, fame or reputation through false and
malicious statements. [id.]
Libel vs. Slander
Libel
[Art. 355]
Defamation
committed by means
of writing, printing,
lithography,
engraving, radio,
phonograph,
painting or theatrical
or cine- matographic
exhibition, or any
similar means
Slander
[Art. 358]
Oral defamation
NOTE: There is no
distinction between
calumny, insult and
libel.
[REYES, Book 2]
Defamation vs. Seditious Libel
Libel
Seditious Libel
[Art. 355]
[Art. 142(3)]
As to Acts Committed
Committed by
Committed by
means of writing,
writing, publishing
printing, lithography, or circulating
radio, phonograph,
scurrilous libels.
painting or theatrical
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or cine- matographic
exhibition, or any
similar means
As to the Offended Party
Government or any
of its duly
Any person/s
constituted
authorities
As to the Effect
Injures the person's
Disturbs public
character, fame or
peace.
reputation through
false and malicious
statements
Elements under Art. 353: [IPMaD-DDC]
1. That there must be an Imputation of a
crime, or of a vice or defect, real or
imaginary, or any act, omission, status or
circumstance;
Imputation covers: [CVA]
a. Crime allegedly committed by offended
party;
b. Vice or defect, real or imaginary of offended
party; or
c. Any Act, omission, condition, status of, or
circumstance relating to the offended party.
Imputation of criminal intention is not
libelous.
Intent to commit a crime is not a violation of
the law. This is more so, when it is a mere
assertion or expression of opinion as to
what will be the future conduct of another.
[REYES, Book 2]
2. Imputation was made Publicly;
Publication
Communication of the defamatory matter to
some third person or persons. [REYES, Book
2]
Sending a Letter is Sufficient Publication
General Rule: Writing a letter to another
person other than the person defamed is
sufficient to constitute publication [Orfanel vs.
People, G.R. No. L-26877, (1969)]
CRIMINAL LAW
Exception: Sending a letter in a sealed
envelope through a messenger, is not
publication. [Lopez vs. Delgado, G.R. No. L3499, (1907)]
3. Imputation was Malicious.
Malice in Fact vs. Malice in Law
Malice in Fact
Malice in Law
As to Proof Required
Proof of malice or ill- Proof of malice is
will must be proved. not required,
because it is
Thus, it may be
shown by proof of ill- presumed to exist
from the
will, hatred or
defamatory
purpose to injure.
imputation.
Presumption
Malice is not
Presumed from a
presumed since, it is defamatory
a positive desire or
imputation.
an intention to
annoy or endure.
Exception:
When
communication is
privileged, malice is
not presumed.
As to Proof of
Good Intention and Justifiable Motive
When malice in fact
Upon proof of good
is present, justifiable intention and
motive cannot exist, justifiable motive,
and the imputations
even if the
become actionable.
publication is
injurious, the
presumption of
malice disappears.
[REYES, Book 2]
4. Imputation was Directed to: [NJD]
a. a Natural; or
b. Juridical person; or
c. One who is Dead.
Identification of Offended Party Required
In order to maintain a libel suit, it is essential
that the victim be identifiable, although it is not
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necessary that he be named. [Corpus vs.
Cuarderno, Sr., G.R. No. L-16969, (1966)]
CRIMINAL LAW
b. Art. 354 – Requirement of Publicity
When
defamatory
Statements
are
addressed to a Number of People
General Rule: Defamatory remarks directed at
a group of persons is not actionable.
Exceptions:
1. Statements are sweeping or all-embracing
as to apply to every individual in that group
or class [id.];
2. Sufficiently specific so that each victim to be
identifiable. [Newsweek vs. IAC, G.R. No. L63559, (1986)]
3. If the utterance is made against a number of
people, designated by their common
surname, not separately mentioned, then
there is only one offense. [People vs.
Aquinoc, 35 OG 8844, (1966)]
4. Imputation tends to cause Dishonor,
Discredit or Contempt of the person
defamed. [REYES, Book 2]
Dishonor vs. Discredit vs. Contempt
Dishonor
Discredit
Contempt
Disgrace,
Loss of
State of
shame or
credit or
being
ignominy
reputation;
despised
disesteem
[REYES, Book 2]
Construction of Words
1. Meaning of the writer is immaterial; what
is taken into consideration is the meaning
that the words conveyed on the minds of
persons of reasonable understanding,
discretion and candor, taking into
consideration
the
surrounding
circumstances which were known to the
hearer or reader [People vs. Encarnacion,
CA, 48 OG 1817]
2. Words are to be construed in their
entirety and taken in their plain, natural
and ordinary meaning, as they would
naturally be understood by persons reading
them, unless it appears that they were used
and understood in another sense. [Novicio
vs. Aggabao, G.R. No. 141332, (2003)]
Presumption of Malice
General Rule: Every defamatory imputation is
presumed to be malicious, even if it be true, if
no good intention and justifiable motive for
making it is shown. [Art. 354(1), RPC]
Rebuttal of Presumption
Presumption of malice may be rebutted, if it is
shown by the accused that: [TIJ]
1. Defamatory imputation is True, in case the
law allows proof of the truth of the
imputation;
2. It is published with good Intention; and
3. There is Justifiable motive for making it.
[REYES, Book 2]
Exception: Malice is not
privileged communications:
presumed
in
Types of Privileged Communication
Privileged
Communicatio
Requisites:
n (PC)
1. The person who
made the
communication had a
legal, moral or social
Duty to make the
communication, or,
PC 1: Private
at least, he had an
Communicatio
interest to be upheld;
n Made to
Another in the 2. Communication is
Performance
addressed to an
of a Legal,
Officer or a board, or
Moral or Social
superior, having
Duty
some interest or duty
in the matter; and
[DOF]
3. The statements in
[Art. 354(1)]
the communication
are made in good
Faith without malice
(in fact). [Reyes,
Book Two]
1. It is a fair and true
PC 2: Fair and
Report of a judicial,
true report of
legislative, or other
Page 268 of 277
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Official
Proceedings
[RFC]
[Art. 354(2)]
CRIMINAL LAW II
official proceedings
which are not of
confidential nature, or
of a statement, report
or speech delivered in
said proceedings, or
of any other act
performed by a public
officer in the exercise
of his functions;
2. It is made in good
Faith; and
3. It is without any
Comments or
remarks.
[REYES, Book 2]
Actionable Privileged Communication
General Rule: The fact that a communication
is privileged does not mean that it is not
actionable; the privileged character simply
does away with the presumption of malice,
which the plaintiff has to prove in such a case.
[Lu Chu Siong vs. Lu Tian Chong, G.R. No. L122, (1946)]
Exception:
Absolute
Privileged
Communication is not actionable even if made
in bad faith. Absolute privileged communication
is specifically recognized in the Constitution –
it pertains to statements made in official
proceedings of Congress by members thereof,
as part of their parliamentary immunity
[REYES, Book 2].
Under PC 1: Private Communication Made
to Another in the Performance of a Legal,
Moral or Social Duty [Art. 354(1)]
1. Accusation must be made in private
communication. Thus, in a case where the
accused aired them in a public meeting
instead of making the accusations in
private, it is held that is not privileged.
[People vs. Jaring, C.A., 40 O.G. 3683]
NOTE: Unnecessary publicity destroys
good faith. [REYES, Book 2]
CRIMINAL LAW
2. Communication may also be in a public
document. [id.]
3. That the statement is a privileged
communication is a matter of defense - A
privileged communication is a matter of
defense and, like all other matters of
defense, must be established by the
accused. [REYES, Book 2]
Exception: When in the information itself it
appears that the communication alleged to
be libelous is contained in an appropriate
pleading in a court proceeding, the privilege
becomes at once apparent and defendant
need not wait until the trial and produce
evidence before he can raise the question
of privilege. [People vs. Andres, G.R. No. L14548, (1960)]
4. Defense may be overcome when the
prosecution shows that: [MT]
a. Defendant acted with Malice in fact; or
b. There is no reasonable ground for
believing the charge to be True. [REYES,
Book 2]
Under PC 2: Fair and True Report of Official
Proceedings [Art. 354(2)]
1. Communication must be pertinent and
material to the subject matter. It does not
protect any unnecessary defamation.
[REYES, Book 2]
2. Only matters "which are not of
confidential nature" may be published when the court, in any special case, has
forbidden the publication of certain records
in the interest of morality or decency the
same should not be published. [id.]
NOTE: Privilege has been strictly limited to
cases in which the right of access is secured
by law [id.]
Enumeration under Art. 354 is Not an
Exclusive List of Qualifiedly Privileged
Communication
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It is rendered more expansive by the
Constitutional guarantee of freedom of the
press. [Borja vs. CA, G.R. No. 126466, (1999)]
1. Doctrine of Fair Comment - while in
general every discreditable imputation
publicly made is deemed false, because
every man is presumed innocent until his
guilt is judicially proved, and every false
imputation
is
deemed
malicious,
nevertheless, when the discreditable
imputation is directed against a public
person in his public capacity, it is not
necessarily actionable. [Borja vs. CA, id.]
2. Statements made in self defense or in
mutual controversy are often privileged
[People vs. Baja, CA 40 OG]
3. The person libeled is justified to hit back
with another libel [REYES, Book 2]
General Rule: The defamatory statements
made by the accused must be a fair answer
to the libel made by the supposed offended
party and must be related to the imputation
made. [id.]
Defamatory Remarks against Public
Officers
General Rule: Defamatory remarks and
comments on the conduct or acts of public
officers which are related to the discharge of
their official duties will not constitute libel is the
defendant proves the truth of the imputation.
[id.]
Exception: Any attack upon the private
character of the public officer on matters which
are not related to the discharge of their official
functions may constitute libel. [People vs. Del
Fierro, G.R. No. 3599-R, (1950)]
Criticism vs. Defamation [REYES, Book 2]
Criticism
Defamation [Art.
353]
Deals only with such Follows a public
things as shall invite officer into his
public attention or
private life which
call for public
has no connection
comment.
with the
CRIMINAL LAW
performance of his
public duties, and
falsely charges him
with evil motives,
clearly designed to
destroy his
reputation or
besmirch his name.
c. Art. 355 – Libel by Means of
Writings or Similar Means
Libel is Committed by Means of:
[WET-CAP-PPLR]
1. Writing;
2. Engraving;
3. Theatrical exhibition;
4. Cinematographic exhibition;
5. Any similar means;
6. Printing;
7. Phonograph;
8. Painting;
9. Lithography; or
10. Radio
Permanent Nature of Publication
The word "radio" used in said Art. 355, should
be considered in relation to the terms with
which it is associated, all of which have a
common
characteristic,
namely,
their
permanent nature as a means of publication.
Thus, defaming through an amplifier
constitutes the crime of oral defamation or
Slander under Art. 358. [People vs. Santiago,
G.R. No. L-17763]
Similarly, although the medium of television is
not expressly mentioned, it easily qualifies
under the general provision "or any similar
means." [REYES, Book 2]
Libelous Remarks in the Heat of Passion;
Considered Threat not Libel
In such case, the offense committed is clearly
and principally that of threats; the statements
derogatory to a person named do not constitute
an independent crime of libel. [People vs.
Yebra, G.R. No. L-14348, (1960)]
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CRIMINAL LAW
d. Art. 356 – Threatening to Publish
and Offer to Prevent such
Publication for a Compensation
e. Art. 357 – Prohibited Publication of
Acts Referred to in the Course of
Official Proceedings
Punishable Acts: [TP]
1. Threatening another to publish a libel
concerning him, or his parents, spouse,
child, or other members of his family.
2. Offering to Prevent the publication of such
libel for compensation, or money
consideration.
Elements: [REMPO]
1. Offender is a:
a. Reporter;
b. Editor; or
c. Manager of a newspaper daily or
magazine.
2. He publishes facts connected with the
Private life of another; and
3. Such facts are Offensive to the honor, virtue
and reputation of said person.
NOTE: Acts under this article may be known as
blackmail. [REYES, Book 2]
Blackmail
May be defined as any unlawful extortion of
money by threats of accusation or exposure.
● Two words are expressive of the crime —
hush money. [U.S. vs. Eguia, et al., G.R.
No. 13540, (1918)]
Felonies Wherein Blackmail is Possible:
[LT]
1. Light threats. (Art. 283)
2. Threatening to publish, or offering to
prevent the publication of, a libel for
compensation. (Art. 356)
Light Threats vs. Threatening to Publish or
Prevent Publication
Light Threats
[Art. 283]
Threatening to
Publish or
Preventing
Publication
[Art. 356]
As to the Act Committed
Offender threatens
1. Threatens another
another to commit an
to publish a libel; or
act which does not
2. Offering to prevent
a publication of a
amount to a crime
libel
As to Demand for Money
Demand for money or
Demanding money or
imposition of any
asking for monetary
condition is an
compensation is
essential element
essential in Mode 2
(Offer to Prevent).
NOTE: Prohibition applies even if such
publication is made in connection with or under
the pretext that it is necessary in the narration
of any judicial or administrative or judicial
proceeding.
Art. 357 constitutes the so-called "Gag
Law."
Newspaper reports on cases pertaining to
adultery, divorce, issues about the legitimacy
of children, etc., will necessarily be barred from
publication. [REYES, Book 2]
Revelation of Source of News
General Rule: The publisher, editor, columnist
or duly accredited reporter of any newspaper,
magazine or periodical of general circulation
cannot be compelled to reveal the source of
any news report or information appearing in
said publication [Sec. 1, RA 1477]
Exception: When the court or a House or
committee of Congress finds that such
revelation is demanded by the security of the
State. [id.]
f. Art. 358 – Slander
Slander (Oral Defamation)
Libel committed by oral or speaking of base
and defamatory words which tend to prejudice
another in his reputation, office, trade,
business or means of livelihood. [Villanueva vs.
People, G.R. No. 150351, (2006)]
Page 271 of 277
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NOTE: Slander need not be heard by the
offended party. There is oral defamation,
even if other persons and not the offended
party heard the slanderous words, because a
person's reputation is the estimate in which
others hold him [REYES, Book 2]
Kinds of Oral Defamation: [SG]
1. Simple slander
2. Grave slander (when it is of a serious and
insulting nature). [REYES, Book 2]
Factors Affecting Gravity of Slander:
[EPCS]
1. Expressions used
2. Personal relations of the accused and the
offended party
3. Circumstances surrounding the case; and
4. Social Standing and position of the
offending party [id.]
“Putang ina mo” is a common expression
The words, "Agustin, putang ina mo" is a
common expression in the dialect that is often
employed not really to slander but rather to
express anger or displeasure. It is seldom, if
ever, taken in its literal sense. [Reyes vs.
People, G.R. No. L-21528 (1969)]
g. Art. 359 – Slander by Deed
Elements: [NP-DDC]
1. Offender performs any act Not included in
any other crime against honor.
2. Such act is performed in the Presence of
other person or persons.
3. Such act casts Dishonor, Discredit or
Contempt upon the offended party.
[REYES, Book 2]
Kinds of Slander by Deed:
1. Simple slander by deed, and
2. Grave slander by deed (of a serious nature).
[id]
CRIMINAL LAW
Examples of Slander by Deed
1. Slapping the face of another - slander by
deed if the intention of the accused is to
cause shame and humiliation. [People vs.
Delfin, G.R. Nos. L-15230 & L-15979-81,
(1961)]
2. Pointing “dirty finger” or flipping off
someone is simple slander by deed – the
act connotes the phrase "Fuck You," which
is similar to the expression "Puta" or
"Putang Ina mo," in local parlance. While it
may have cast dishonor, discredit or
contempt, said act is not of a serious
nature. [Villanueva vs. People, G.R. No.
160351, (2006)]
Maltreatment by Deed vs. Slander by Deed
Maltreatment by
Slander by Deed
Deed
[Art. 356]
[Art. 266]
As to the Act Punished
Any act performed
Ill-treatment of
on another, not
another by deed,
without causing any being included in
any other crime of
injury
honor, in the
Ex. Slapping of face presence of others,
which dishonors,
without intent to
discredits or causes
cause dishonor
contempt to another
party.
Ex. Slapping with
intent to cause
dishonor
As to Humiliation/Shame
Suffering of shame
Offended party
or humiliation is not
suffered from shame
required.
or humiliation
caused by the
maltreatment.
As to Intent to Dishonor
Not Required
Required
[REYES, Book 2]
NOTE: Gravity is affected by the social
standing of the offended party, the
circumstances under which the act was
committed, the occasion, etc. [id]
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Unjust Vexation vs. Acts of Lasciviousness
vs. Slander by Deed
Unjust
Acts of
Slander by
Vexation Lasciviousnes
Deed
[Art.
s
[Art. 356]
287]
[Art. 336]
As to the Act Punished
Act which
The
Any act
does not
commission of performed on
produce
a lewd act to
another, not
material
a person of
being
physical
either sex with included in
harm, but
force, or
any other
unjustly
deprivation of crime of
annoys or
reason or
honor, in the
vexes
fraudulent
presence of
another
machination
others, which
or when the
dishonors,
victim is under discredits or
12 years
causes
contempt to
another
party.
As to Intent
To annoy
To commit a
To humiliate
or vex
lewd act; no
or dishonor
intent to have
sexual
intercourse.
[REYES, Book 2]
NOTE: Kissing a girl in public and touching her
breast without lewd designs, committed by a
rejected suitor to cast dishonor on the girl was
held to be slander by deed and not acts of
lasciviousness. [People vs. Valencia, CA-G.R.
No. 4136-R, (1950)]
SECTION 2. GENERAL PROVISIONS
h. Art. 360 – Persons Responsible for
Libel
Persons Liable: [PEMO]
1. Person who Publishes, exhibits or causes
the publication or exhibition of any
defamation in writing or similar means.
2. Author or Editor of a book or pamphlet.
CRIMINAL LAW
3. Editor or business Manager of a daily
newspaper, magazine or serial publication.
4. Owner of the printing plant which publishes
a libelous article with his consent and all
other persons who in any way participate in
or have connection with its publication.
[REYES, Book 2]
Venue [Art. 360(3), RPC]
The criminal and civil actions for damages in
case of written defamations shall be filed
simultaneously or separately with the RTC of
the province or city: [PR]
1. Where the libelous article is Printed and
first published; or
2. Where any of the offended parties actually
Resides at the time of the commission of
the offense.
Venue when Party is a Public Officer v.
Private Individual
Public Officer
Private Individual
1. If officer holds
Action shall be filed
his office in the
before:
City of Manila –
1. CFI of the
the action shall
province or city
be filed before:
where he
actually resides
a. CFI of the
at the time of the
City of
commission of
Manila; or
the offense or
b. City or
province
2. Where the
where the
libelous matter is
libelous
printed and first
article is
published. [Art.
printed and
360 (3), RPC]
first
published.
2. If the public
officer does not
hold office in the
City of Manila –
the action shall
be filed before:
a. CFI of the
province or
city where he
held office at
the time of
commission
Page 273 of 277
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CRIMINAL LAW
2. That the publication of the article was an
honest mistake is not a complete defense
but serves only to mitigate damages where
the article is libelous per se. [REYES, Book
2.]
of the offense
or
b. Where the
libelous
article is
printed and
first
published.
[Art. 360 (3),
RPC]
NOTE: Civil action shall be filed in the same
court where the criminal action is filed and vice
versa. Moreover, court where the criminal
action or civil action for damages is first filed
shall acquire jurisdiction to the exclusion of
other courts [Art. 360(3), RPC].
i. Art. 361 – Proof of Truth
Proof of Truth is admissible in any of the
following instances: [CG]
1. When the act or omission imputed
constitutes a Crime regardless of whether
the offended party is a private individual or
a public officer.
2. When the offended party is a Government
employee, even if the act or omission
imputed does not constitute a crime,
provided, it is related to the discharge of his
official duties. [REYES, Book 2]
Requisites to be Considered as Defense in
Defamation. Under Art. 361 (1), proof of the
truth is not enough, it must also be proven that:
[TMJ]
1. The matter charged as libelous is True;
2. It was published with good Motives; and
3. It was published for Justifiable ends [Art.
361, RPC]
Mitigation of Damages
Damages may be mitigated when:
1. There is a retraction published, which must
contain an admission of the falsity of the
libelous publication and evince a desire to
repair the wrong occasioned thereby
[Sotelo Matti v. Bulletin Publishing, G.R.
No. L-11202, (1918)]
Direct Evidence
The proof of the truth of the accusation cannot
be made to rest upon mere hearsay, rumors or
suspicion. It must rest upon positive, direct
evidence upon which a definite finding may be
made by the Court. [U.S. vs. Sotto, G.R. No.
13990, (1918)].
j. Art. 362 – Libelous Remarks
Libelous remarks or comments connected with
the matter privileged under the provisions of
Article 354 (Requirement for Publicity), if made
with malice, shall not exempt the author thereof
nor the editor or managing editor of a
newspaper from criminal liability. [Art. 362,
RPC]
Example: The author or the editor of a
publication who distorts, mutilates or discolors
the official proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter. [REYES, Book 2]
2. Chapter II – Incriminatory
Machinations
a. Art. 363 – Incriminating Innocent
Persons
Elements: [PIIN]
1. Offender Performs an act;
2. By such act he directly Incriminates or
imputes to an Innocent person the
commission of a crime; and
3. Such act does Not constitute perjury.
NOTE: This article is limited to "planting"
evidence and the like, which tends to cause
Page 274 of 277
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false prosecution. [People vs. Rivera, G.R.
Nos. L-38215 & 38216, (1933)]
The two offenses form a complex crime, as the
two acts imputed to the accused had closely
followed each other, and that the former was a
necessary means to commit the latter, which is
only one crime. [People vs. Alagao, et al., G.R.
No. L-20721, (1966)]
b. Art. 364 – Intriguing Against Honor
Elements: [IB]
1. Offender makes an Intrigue; and
CRIMINAL LAW
2. Principal purpose of such intrigue is
Blemishing the honor or reputation of
another
Intriguing Against Honor
Any scheme or plot designed to blemish the
reputation of a person by means which consist
of some trickery.
● Akin to slander by deed, in that the offender
does not avail directly of written or spoken
words, pictures or caricatures to ridicule his
victim but of some ingenious, crafty and
secret plot, producing the same effect.
[REYES, Book 2
Incriminating Innocent Persons vs. Perjury by Making False Accusation
Intriguing Against
Incriminating
Perjury by Making
Defamation
Slander
Honor
Against Persons
False
[Art. 353]
[Art. 358]
[Art. 364]
[Art. 363]
Accusations
[Art. 183]
Gravamen of the Offense
Offender makes an Offender directly
False imputation is Imputation made must be
intrigue to blemish
incriminates or
made before a
public and malicious, and
the honor or
imputes to an
competent person
calculated to cause the
reputation of
innocent person the
authorized to
dishonor, discredit or contempt
another
commission of a
administer an oath, of the aggrieved party.
crime, but does not
in cases in which
avail himself of
the law requires.
written or spoken
words in
besmirching the
victim's reputation.
As to the Manner of Commission
Consists of some
Limited to the act of
Involves giving of
Involves the
Oral or
tricky and secret
planting evidence
false statement
imputation of
spoken
plot.
and the like, in order under oath or the
a crime, or a
imputation of
to incriminate an
making of a false
vice or defect, a crime, or a
innocent person.
affidavit, imputing
real or
vice or defect,
to a person the
imaginary, or
real or
commission of a
any act or
imaginary, or
crime.
omission or
any act or
status.
omission or
status
As to the Source of Derogatory Remarks
Source cannot be
Source can be determined
determined
[REYES, Book 2]
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N. QUASI-OFFENSES
1. Sole Chapter
a. Art. 365 – Criminal Negligence
Punishable Acts: [RSPF]
1. Committing through Reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or
light felony.
2. Committing through Simple imprudence or
negligence an act which would otherwise
3. a grave or a less serious felony.
4. Causing damage to the Property of another
through reckless imprudence or simple
imprudence or negligence.
5. Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
Felony. [Art. 365, RPC]
NOTE: Imprudence or negligence is not a
crime in itself; it is simply a way of committing
a crime. [REYES, Book 2]
Qualifying Circumstance
Failing to lend help is
circumstance. [Art. 365, RPC]
a
qualifying
Imprudence vs. Negligence
Imprudence
Negligence
As to the Nature of the Action
Deficiency of action
Deficiency of
or failure in
perception or failure
precaution
in advertence
To Avoid the Wrongful Acts
By taking the
By paying proper
necessary
attention and using
precaution once
due diligence in
they are foreseen.
foreseeing them.
As to Effect
Both are merely means of committing a
crime, thus are not crimes in themselves.
[REYES, Book 2]
CRIMINAL LAW
Reckless v. Simple Imprudence
Reckless
Simple
Imprudence
Imprudence
[FaV-MD-P]
[PN]
1. Offender does or 1. There is lack of
Fails to do an
Precaution
act;
displayed by the
2. The doing of or
offender;
the failure to do 2. Damage
impending to be
that
act
is
caused is Not
Voluntary;
immediate nor is
3. It was without
the
danger
Malice;
clearly manifest.
4. Material
Damage results.
5. There
is
inexcusable lack
of Precaution on
the part of the
offender, taking
into
consideration
his: [EDO]
a. Employment
or
occupation;
b. Degree
of
intelligence,
physical
condition;
and
c. Other
circumstance
s
regarding
persons, time
and place.
[REYES, Book 2]
NOTE: There must be injury to person/s or
damage to property as a result of the
imprudence [id.]
Test of Negligence – Picart Test
Would a prudent man, in the position of the
person to whom negligence is attributed,
foresee harm to the person injured as a
reasonable consequence of the course about
to be pursued? If so, the law imposes a duty on
the actor to refrain from that course or to take
precaution against its mischievous results, and
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the failure to do so constitutes negligence.
[Picart vs. Smith, G.R. No. L-12219, (1918)]
Concurrent Negligence
Where the concurrent or successive negligent
acts or omission of two or more persons,
although acting independently of each other
are, in combination, the direct and proximate
cause of a single injury to a third person, and it
is impossible to determine in what proportion
each contributed to the injury, either is
responsible for the whole injury, even though
his act alone might not have caused the entire
injury. [REYES, Book 2]
Doctrine of Last Clear Chance
A person who has the last clear chance or
opportunity of
avoiding an accident,
notwithstanding the negligent acts of his
opponent or that of a third person imputed to
the opponent is considered in law solely
responsible for the consequences of the
accident [Bustamante vs. CA, G.R. No. 89880,
(1991)]
Emergency Rule
An automobile driver who, by the negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid a collision or
injury is not guilty of negligence if he makes
such a choice which a person of ordinary
prudence placed in such a position might make
even though he did not make the wisest choice.
[REYES, Book 2]
Requisites for the Emergency Rule to
Apply:
The situation must be: [SDN]
1. Sudden and unexpected;
2. Deprive him of all opportunity for
deliberation; and
3. It must be such that the actor must have No
knowledge that unusual consequences may
result from his act [id.]
Medical Negligence - Test
Whether or not a physician has committed an
"inexcusable lack of precaution" in the
treatment of his patient is to be determined
CRIMINAL LAW
according to the standard of care observed by
other members of the profession in good
standing under similar circumstances bearing
in mind the advanced state of the profession at
the time of treatment or the present state of
medical science. [Cruz vs. CA, G.R. No.
122445, (1997)]
Reckless Imprudence is a Single Crime
Its consequences on persons and property are
material only to determine the penalty, thus
prior conviction or acquittal of reckless
imprudence bars subsequent prosecution for
the same quasi-offense. [Ivler vs. ModestorSan Pedro, G.R. No. 172716, (2010)]
Penalties provided in Art. 365 are not
applicable in the following cases: [PA]
1. When the Penalty provided for the offense
is equal to or lower than those provided in
the first 2 paragraphs of Art. 365;
2. When by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused [REYES,
Book 2]
The following provisions does not apply to
acts penalized under Art. 365:
1. Art. 64; Art. 64 relative to mitigating and
aggravating
circumstances
is
not
applicable to crimes committed through
negligence. [People vs. Medroso, Jr., G.R.
No. L-37633, (1975)]
2. Art. 48; Art. 48 is a procedural device
allowing single prosecution of multiple
felonies meanwhile Art. 365 is a
substantive rule penalizing not an act
defined as a felony but "the mental attitude
behind
the
act,
the
dangerous
recklessness, lack of care or foresight”.
There is a single mental attitude regardless
of the resulting consequences. Thus, Art.
365 was crafted as one quasi-crime
resulting in one or more consequences.
[REYES, Book 2.]
NOTE: Contributory negligence is not a
defense but only mitigates criminal liability.
[REYES, Book 2]
Page 277 of 277