Crim2 Table Of Elements

TABLE OF ELEMENTS PROVISION

ELEMENTS

ACTS PUNISHED

OFFENDER / VICTIM

SITUATION (PLACE/TIME)

QUALIFIED FORM MODIFYING CIRC

PENALTIES

COUNTERPART FELONY

IMPT THINGS

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ART 114 TREASON Treason – breach of allegiance to a government, committed by a person who owes allegiance to it

ART 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON

1. Offender is a Filipino citizen or an alien residing in the Philippines 2. That there is a war in which the Philippines is involved 3. That the offender either a. levies war against the Government b. adheres to the enemies, giving them aid or comfort

CONSPIRACY 1. There is a war which the Phil is involved 2. At least 2 persons come to an agreement to [do the acts

1. Levying war against the governme nt concurren ce of: OVERT: Actual assembly of men INTENT: Executing a treasonable design 2. Concurren ce of: Adherence to (covert act – intent to betray) Giving aid and comfort OVERT: strengthen or tends to strengthen the enemy and weakens or tends to weaken the power of traitor’s country to resist or to attack) to the enemy INTENT: Betray the traitor’s country Conspiracy when two or more persons come to an agreement to perform acts punishable with treason AND decide to commit

OFFENDER: • Filipino citizen (with permanent allegiance) • Resident aliens (with temporary allegiance) Allegiance – obligation of fidelity and obedience which the individual owe to the government under which they live or to their sovereign, in return for the protection they receive

Any person

Can only be committed when Philippines is at war with a foreign enemy. Declaration of war is not necessary. Can be committed by a Filipino who is outside of the Philippines A continuous offense No treason through negligence

AGGRAVATED by: - ignominy - cruelty - amount or degree of aid - gravity of separate distinct acts of treason INHERENT/ABSOR BS - treachery - evident premeditation (siding with the enemy is usually involves a long and reflective process and planning) - abuse of superior strength Cannot complex

Filipino citizen – RP to death and fine < P100,000 Alien resident – RT to death and fine < P100,000 Art 64 (divisibility of penalties with three periods) does not apply  modifying circumstances do not determine the period of penalty, instead, the gravity of the separate and distinct acts of treason committed by the accused. The Indeterminate Sentence Law (ISL) is not applicable

The Philippines is in war with a foreign enemy

Conspiracy: PM and fine < P10,000

PROVEN THROUGH: 1. Confession of accussed in an open court 2. Two witness rule (Art 114, Par 2) Applies only to giving aid and comfort (overt) only and not to adherence (covert) Defense of suspended allegiance and change of sovereignty cannot be accepted Success of aid and adherence is irrelevant to the offender’s guilt

Proposal: PC and fine < P5,000

Exception to Art 8 (conspiracy and proposal to commit felony are generally not punished)

ISL is not

Two witness rule

punished in A114] 3. They decide to commit it

ART 116 MISPRISION OF TREASON

ART 117 ESPIONAGE Espionage – the offense of gathering, transmitting or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the RP or to the advantage of any foreign nation

PROPOSAL 1. There is a war in which the Phil is involved 2. At least 1 person decides to [do the acts punished in A114] 1. Offender must be owing allegiance to the Govt and not a foreigner 2. That he has knowledge of any conspiracy (to commit treason) against the Govt 3. That he conceals or does not disclose and make known the same ASAP to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides 1st means: a. offender enters b. no authority to enter c. Purpose to obtain information etc of confidential nature relative to the defense of the Phil 2nd means: a. offender is public officer b. in his possession information etc by reason of his public office

it

applicable

does not apply to Art 115 because it is a separate and distinct offense from treason

Punished as an accessory to treason because no penalty prescribed  two degrees lower than treason

Does not apply when the conspiracy is already committed

Proposal when a person who has decided to commit acts punishable with treason and proposes its execution to some other person/s Every person owing allegiance to Philippines (Unlike TREASON which can committed by aliens resident aliens)

ISL not applicable Art 20 (relatives not considered as accessories) does not apply in Art 116 because misprision is a separate and distinct offense from treason

1. Entering without authority (insert specific places here) to obtain any information etc of a confidential nature relative to the defense of the Phil 2. Disclosing to the rep of a foreign nation information etc which he had in his possession by reason of the public office he

Par 1 – any person whether a citizen or a foreigner, a private individual or public officer Par 2 – public officer who has in his possession the information etc by reason of the public office he holds

PC If public officer or employee: penalty next higher in degree

Exception to the general rule that mere silence does not make a person criminally liable. Otherwise stated, the only “omission” punished

Not necessary that information is obtained 117 v 114 - Both not conditioned by citizenship of offender - TRE only in time of war; ESP both peace and war - TRE limited to two specific ways; ESP committed in many ways ESP v CA 616 - ESP only actual

CA 616 other acts of espionage

ART 122 PIRACY AND MUTINY ON THE HIGH SEAS Piracy – robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi (intent to gain) and in the spirit and intention of universal hostility Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander

c. discloses content to a representative of a foreign nation

holds

Two ways of committing piracy: 1. Attacking or seizing vessel on the high seas or in Philippine waters 2. Seizing a vessel while on the high seas or in Phil waters

entering of the offender for the purpose of obtaining confidential info; 616 even conspiracy to commit such act - ESP only the person who tried to obtain info or disclose the confidential info; 616 includes recipient of info, inducer and harbors violation of law - 616 also punishes disloyal acts or words Any person

High Seas – any waters on the sea coast which are without the boundaries of lawwater mark, although such waters may be in the jurisdictional limits of a foreign government; not included in the exclusive economic zone, territorial waters, internal/archipelag ic waters of a state

Refer to Art 123

RP

PIRACY v MUTINY - PIRACY offenders are strangers or outsiders; MUTINY members of the crew - PIRACY intent to gain is essential in crime; MUTINY only intend to ignore the officer or desire to commit plunder PIRACY v ROBRY ON HIGH SEAS - Both have intent to gai and the manner is the same - RHS offender is a member of the complement or a passenger of the vessel; PIR outsiders Before RA 7659,

ART 123 QUALIFIED PIRACY

RA 6235 HIJACKING

1. Compelling the change of course or destination of an aircraft of Phil registry 2. Seizing or usurping the control thereof while in flight In flight – all its external doors are closed following disembarkation until any of such doors is opened for disembarkation For foreign registry: 1. land in the RP territory 2. seize/usurp control while in the RP territory

Any person

1. Seized a vessel by firing upon the same 2. “Pirates” have abandoned their victims without means of saving themselves 3. Crime accompanied by murder, homicide, physical injuries or rape 1. Fired upon the pilot, member of the crew, passenger of the aircraft 2. Exploded or attempted to explode any bomb or explosive to destroy the aircraft 3. Crime accompanied by murder, homicide, serious physical injuries or rape

RP to death ISL not applicable Special complex crime punishable by death regardless of number of victims and mitigating circumstances 20 years > Imprisonment > 12 years OR P40,000 > fine > P25,000

acts in violation of Art 122/123 committed in the Philippine waters is punished under PD 532 (Lol-lo v Sarao) Only Par 3 is applicable to mutineers because: - Par 1 mutineers are already in the vessel - Par 2 specifically limited to pirates and not mutineers

HIJACKING v PIRACY Similarities: - seizing of a vessel (water and air) - appreciation of qualifying circ Differences: - PIR committed by outsider; HIJ does not qualify the offender - PIR not concerned about the registry of the vessel nor its location as long as it is in the seas; HIJ can only be committed in RP or foreign vessels in RP territory - HIJ can be committed by simply carrying certain substances aboard the ship regardless if there

was violence or not - HIJ may be qualified even without physical injuries, as long as the HIJ fires at the persons enumerated

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ART 124 ARBITRARY DETENTION Arrest -

1. That the offender is a public officer or employee 2. That he detains a person 3. That the detention is without legal grounds

Detention of an individual without legal grounds Detention – placed in a confinement or there is a restraint on his person REASON: prevent detention without informing him of offense and without permitting him to bail

Public officers vested with authority to detain or order the detention of persons accused of a crime E.g. policemen and other agents of law, judges or mayors Also, private individuals who conspire with public officers “Punong barangay” has right under LGC

Legal grounds for detention: 1. commission of a crime or suspicion based on a reasonable ground that he has committed crime 2. violent insanity or other ailment requiring compulsory confinement of the patient in hospital Arbitrary detention thru imprudence

1. Less than 3 days – AM Max to PC min 2. 3-15 days – PC med to max 3. 15 days-6 months – PM 4. More than 6 months - RT

If detention is by private individual – ILLEGAL DETENTION (Art 267 or Art 268) If arrest is without legal ground OR by a puboff without authority to arrest – UNLAWFUL ARREST (ART 269)

Usual cause of offense is arrest without warrant Lawful warrantless arrest (Sec 5, Rule 113) 1. offender is attempting to commit, committed, actually committing in the arresting officer’s presence 2. offense has just been committed personal knowledge 3. fugitive prisoner Additional from Sir Barry (because Reyes isn’t so imaginative) 1. Quarantine 2. Person in contempt (other court orders) 3. Congressional contempt (Jokjok Bolante’s case) 4. Foreigners in an administrative arrest in deportation proceedings

ART 125 DELAY IN THE DELIVERY OF DETAINED PERSONS Delivery – making an accusation or charge or filing of information against the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of release or of commitment of prisoner

1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground 3. That he fails to deliver such a person to the proper judicial authorities within specified time

Detained a person for some legal ground but failed to deliver to proper judicial authorities. Judicial authorities – courts of justice or judges vested with judicial power to order temporary detention or confinement of a person charged with having committed a public offense - does not include fiscals because they cannot issue warrant of arrest

Must be a public officer or employee

The legality of detention expires in:

*Fiscals cannot be charged under Art 125 because they were not the ones who illegally detained or arrested the accused

1. 12 hrs – light penalties 2. 18 hrs – correctional penalties 3. 36 hrs – afflictive or capital penalties *periods increased by EO 272, methinks because of increase in crime rate

Circumstances affecting Art 125 1. means of communication 2. time of arrest 3. other circumstances (material impossibility)

Refer to Art 124 penalties

Defense: Insuperable cause (Sec 7, Art 12)

Citizens’ arrest is also covered in the periods provided by Art 125, but they can only be charged with ILLEGAL DETENTION (Art 267 or Art 268)

Only applicable for warrantless arrest because in such cases, no information (i.e. delivery to proper judicial authorities) was made yet Arrested with warrant – there is information and prior investigation has been done by judge (judicial nature)

*Oakwood mutiny case

The only right you cannot waive is your right to be informed of the accusation Right to counsel - anytime of day or night - independent: not provided by police investigators - own choice: no strong objections

RA 7438: An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation ART 126 DELAYING RELEASE

RIGHTS INVOLVED: 1. To be assisted by counsel at all times 2. To be informed of cause of detention 3. To be informed of his rights to remain silent and to have a competent (not necessarily from UP, especially if he can’t afford it hehe) and independent (not associated with the police) counsel 4. Custodial investigation shall be reduced to writing signed by the accused at the presence of his counsel or the assisting counsel 5. Any extrajud investigation shall also be in writing and signed by the accused in the presence of his counsel 6. Waiver of provisions of Art 125 shall be in writing and signed in the presence of counsel 7. Right to be allowed visits by or conferences with any member of his immediate family, his doctor, priest and any NGO 1. Offender is a public officer or employee 2. There is a judicial or executive order for the release of a prisoner or detention prisoner

1. Delaying the performance of a judicial or executive order for the release of the prisoner 2. Unduly delaying the service of the notice of such

Usually committed by wardens and jailers

Refer to Art 124 penalties

ART 128 VIOLATION OF DOMICILE

ART 129 SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

or that there is a proceeding upon a petition for the liberation of such person 3. That the offender without good reason delays the specific acts punishable in Art 126 (on the right column) COMMON ELEMENTS: 1. Offender is a public officer or employee 2. He is NOT authorized by judicial order to enter dwelling OR to make a search therein for papers or other effects

SW without just cause: 1. Offender is a public officer/employee 2. Procures a SW 3. No just cause Exceeding authority or using

order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person

1. Entering any dwelling against the will of the owner - “entrance” is opposed or prohibited whether express or implied

OFFENDER: public officer or employee

2. Searching papers or other effects found therein without the previous consent of the such owner 3. Refusing to leave the premises, after having surreptitiously entered said dwelling, and after having been required to leave the same 1. By procuring a search warrant without just cause 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

OFFENDER: Public officer/employee

QUALIFYING 1. committed at nighttime 2. any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender

If committed by private individual TRESPASS TO DWELLING (A280) If outside the dwelling, without SW and person not arrested: GRAVE COERCION (A286) if with violence and intimidation UNJUST VEXATION (A287) if without violence or intimidation

SW may be issued for the search and seizure of the ff personal property: 1. Property subject of the offense 2. Property stolen or embezzled and other fruits of the offense 3. Property used

unnecessary severity in executing SW legally procured 1. Offender is public officer/employee 2. Legally procured SW 3. Exceeds authority or uses unnecessary severity in executing ART 130 SEARCHING DOMICILE WITHOUT WITNESSES

RULE 126 SEARCH AND SEIZURE

or intented to be used as the means of committing an offense

1. Offender is a REASON: witness DOMICILE does 128 v 130: public is necessary to not include - 128 no authority officer/employee avoid planting of vehicles or other to make search, 2. Armed with a evidence means of 130 SW gives SW legally transportation authority procured 3. Searches domicile, papers or other belongings of any person 4. Owner, any member of his family, or two witnesses residing in the same locality are not present SEARCH WARRANT: an order in writing issued in the name of the PP, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it to court PROPERTIES TO BE SEIZED (only personal property): 1. Property subject of the offense 2. Property stolen or embezzled and other proceeds or fruits of the offense 3. Property used or intended to be used as the means of committing an offense REQUISITES FOR ISSUING A SW: 1. PROBABLE CAUSE – such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched (Burgos v Chief of Staff) TEST OF LACK OF JUST CAUSE: Whether the affidavit filed in support of the application for SW has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages cause. Truth of the facts within the personal knowledge of the applicant for SW and not the facts “reported to me by a person whom I consider to be reliable” 2. In connection with one specific offense 3. Determined personally by the judge 4. After examination under oath or affirmation of the complainant and the witnesses he may produce

5. PARTICULARLY DESCRIBBING THE PLACE TO BE SERACHED AND THE THINGS TO BE SEIZED - no general warrants may be issued GENERAL RULE: Searches and seizures (s&s) should be made with search warrant (SW) EXCEPTIONS: 1. When s&s are incident to a lawful arrest 2. When the search is made outside the domicile or in a vehicle ART 133 OFFENDING RELIGIOUS FEELINGS

VALIDITY OF SW: 10 1. Acts complained performed in - place of religious worship - during the celebration of religious ceremony 2. Notoriously offensive to the feelings of the faithful Purpose: Deliberate intent to hurt the feelings of the faithful and case disruption

days Notoriously offensive to the feelings of the faithful – directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration

OFFENDER: Any person

Place devoted to religious worship (not necessary that there is on-going ceremony)

AM Max to PC Min

During the celebration of any religious ceremony religious acts performed outside of a church e.g. processions and special prayers for burying of dead persons)

*Judged from complainant’s point of view (Ppl v Baes) *Judged from nature of the act (Ppl v Tengson)

TITLE THREE: CRIMES AGAINST PUBLIC ORDER ART 134 REBELLION OR INSURRECTION Rebellion – object of the movement is to completely overthrow and supersede the existing government Insurrection – in

1. That there be a concurrence of: - public uprising - taking arms against the Government 2. Purpose of uprising or movement is either: - remove from allegiance to the

Concurrence of public uprising and taking arms against the government two acts cannot stand alone as rebellion

Any person

Public uprising

For person holding public office, he must take part in: a. engaging in war b. destroying property or committing serious violence c. exacting contributions or diverting public funds from their

AND Taking arms against government

ABSORBS all other offenses in furtherance of rebellion, because COMMON CRIMES take on a political character.

ISL not applicable

No complex crimes because considered as constituent/compo nent crimes

Rebellion and Insurrection - promotes maintains or heads a rebellion or insurrection: RP

ART 135 PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT

NATURE OF CRIME: A crime of multitude. Vast movement of mean and complex net of intrigues and plots Not necessary for them to be successful REBELLION v TREASON

reference to a movement which seeks merely to effect some change of minor importance OR to prevent the exercise of governmental authority with respect to particular matters or subjects REBELLION v INSURRECTION REB: purpose is complete overthrow of Govt INS: merely to effect some change of minor importance or to prevent exercise of Govt authority with respect to particular matters or objects ART 134-A COUP D’ETAT Added to the RPC by RA 6968

Govt or its laws a. territory of the Phil or any part thereof b. any body of land, naval or other armed forces

lawful purpose

-deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

1. Offender is a person/s belonging to the military police or holding any public office or employment 2. Committed by means of a swift attack accompanied by violence, intimidation, threat , strategy or stealth 3. Attack is directed against duly constituted authorities of the RP OR any military camp/installation/ public utilities/facility

BUT due to RA 6968 (which is predated by Enrile v Salazar and Ppl v Hernandez) omission of specified overt acts, suggested hat complexing is now possible Political crimes – directly aimed against the political order. The decisive factor is intent or motive

Swift attack accompanied by violence, intimidation, threat, strategy or stealth

OFFENDER: - military police - public officer or employee OFFENDED PARTY: - duly constituted authorities of the RP - any military camp/installation/ public utilities/facility needed for exercise and continued possession of power

RIC: - merely participating or executing the commands of others: RT - when under the command of unknown leaders, any person who in fact directed others, spoke for them, signed receipts and other documents issued in their name or performed similar acts on behalf of rebels is LEADER Coup d’etat: - Leads or in any manner directs or commands others to undertake coup: RP - Govt participant (execute directions or commands): RT Max - Private participant (supports, finances, abets or aids): PM Max

- TREAS purpose of levying war is to aid enemy; REB purposes are specifically laid down (usually against the Govt) and committed during peace time - REB always involves taking up arms; TREASON may be committed by mere adherence to enemy by giving aid or comfort REBELLION v SUBVERSION - SUBV is crime against nat’l security; REB is crime against public order May be committed with or without civilian participation Art 48 (complex crimes) cannot be applied REBELLION v COUP D’ETAT COUP: Offender belongs to military or holding pub office/ employment; REB committed by any person COUP: direct attack against Gov’t authorities etc, REB uprising against the Gov’t is enough as one element

needed for exercise and continued possession of power 4. Purpose to seize /diminish state power ART 136 CONSPIRACY AND PROPOSAL TO COMMIT RIC

1. Conspiracy and proposal to commit coup 2. Conspiracy to commit rebellion 3. Proposal to commit rebellion

Conspiracy and proposal (coup): PM min and fine < P8,000 Conspiracy (RI): PC max and fine < P5,000 Proposal (RI): PC med and fine < P2,000

ART 138 INCITING TO REBELLION OR INSURRECTION

ART 139 SEDITION Sedition – raising of commotions or disturbances in the State Ultimate object: violation of public peace or at least such a course of measures as evidently

1. Offender does not take arms OR is not in open hostility against the Gov't (at least one of the act required in rebellion) Purpose: 2. Incites others to the execution of any of the acts of rebellion 3. By means of speeches, proclamations, writings etc 1. Offenders rise publicly AND tumultuously 2.Employ force, intimidation or other means outside legal methods 3. Employs those means to attain any of the objects political or social purpose (in the right

SEDITIOUS GOALS: 1. Prevent promulgation or execution of any law or the holding of any popular election 2. Prevent Nat'l Gov't or any prov/muni Gov’t OR public off from freely exercising its/his function OR prevent the

Any person who does not take arms or is not in open hostility against the Gov't

Rebellion must not yet be committed, otherwise, the crime committed is already rebellion with the inciting a principal by inducement if requisites of Par 2, Art 17 is present

“Tumultous” is given a definite meaning in Art 163 which is more than three persons (i.e. at least four) who are armed or provided with means of violence

Public uprising

INCITING v PROPOSAL TO COMMIT REBELLION - Offender induces another to commit rebellion in both - PROPO offender decided to commit; INCITING not required that he decided - PROPO secret means; INCITING public act Common crimes are not absorbed and treated as separate crimes (Ppl v Cabrera)

ART 140 PENALTY FOR SEDITION Leader: PM Min and fine < P10,000 Participants: PC Max and fine < P5,000

SEDITION v REBELLION: - difference lies in the object/purpose of the uprising INTENT - SED purpose is either political or social; REB always political OVERT - REB taking up arms against Gov’t is required; SED

engenders it

column)

ART 141 CONSPIRACY TO COMMIT SEDITION

1. 2 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

ART 142 INCITING TO SEDITION

1. Offender does not take part in the crime of sedition 2. He incites others to the accomplishment of any acts which constitute sedition 3. Inciting is done by means of speeches etc or other representation tending to the

execution of any administrative order 3. Inflict any act of hate or revenge upon the person or property of any public officer or employee 4. Commit for any political or social end, any act of hate or revenge against private person or any social class 5. Despoil, for any political and social end, any person, municipality or province or the Natl Gov’t of all its property or any part

tumultuous is sufficient SEDITION v TREASON - TREA violation by subject of his allegiance to sovereign; SED raising of commotion or disturbances in the State

Two or more persons who have reached an agreement and decided to attain the object of agreement (seditious acts + rise publicly and tumult) 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches etc 2. Uttering seditious words/speeches which tend to disturb public peace 3. Writing, publishing or

Any person who does not take direct part in the crime of sedition

PC max and fine < P 2,000 If government official/employee: accessory penalty of absolute perpetual disqualification from holding any public office Disturbance or disorder is not necessary to inciting to sedition

Seditious words and scurrilous libels are punishable when: 1. they tend to disturb/obstruct any lawful officer in executing the functions of his office 2. they tend to instigate others to cabal and meet together for unlawful purposes

If only “attain object of sedition” without “rising publicly and tumultuously” conspiracy to commit DIRECT ASSAULT (1st Form), which is not a felony

SEDITION v COUP D’ETAT COUP: no minimum number of persons ; SED more than 3 armed men COUP: political purpose; SED political or social purpose No liability for proposal to commit sedition

Deliberately vague Two rules for seditious words: 1. clear and present danger rule 2. dangerous tendency rule words uttered could easily produce disaffection among the people,

same end

ART 145 VIOLATION OF PARLIAMENTARY IMMUNITY INCONSISTENCY WITH 1987C: should be amended to “punished by the penalty of PM or higher”

RA 8294 ILLEGAL POSSESSION OF FIREARMS

circulation scurrilous (low, vulgar, mean or foul) libels against Gov’t or any of the duly constituted authorities which tend to disturb public peace

3. they suggest to incite rebellious conspiracies or riots 4. 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

REASON: Forbid the advocacy of a doctrine designed to overthrow gov’t, don’t wait for adverse effects and danger 1st mode: 1. Using force, OFFFENDED Congress is in 1. using force. intimidation PARTY: any regular or special intimidation, threats or fraud to member of session threats or fraud prevent any Congress or 2. Purpose: member of Constitutional When is Congress prevent any Congress from: Commission in recess? member of - attending 1. SONA Congress from meetings of OFFENDER: 2. From time to - attending Congress or of any 1. Any person time, but it does meetings of its committees 2. Public officer or not mean they are - expressing or subcom, employee with not in session opinion ConCom or authority to arrest - casting vote committees or divisions thereof, 2nd mode: - expressing his 1. Public opinions or officer/employee - casting his vote 2. arrests or 2. Arresting or searches any searching any member of member of Congress Congress while it 3. At the time of is in regular or search or arrest, special session, Congress is in except in case special or regular such member has session committed a 4. Member of crime punishable Congress has not under the RPC by committed crime a penalty higher higher than PM than PM “Provided no other crime was committed.” - Produces no effect if the offender can be punished with Use of unlicensed firearm: SPECIAL AGGRAVATING CIRCUMSTANCE: homicide, murder ABSORBED AS AN ELEMENT CRIME: rebellion or insurrection, sedition, attempted coup d’etat

and state of feeling incompatible with a disposition to remain loyal to the gov’t)

Partly inoperative: with respect to penalizing a public official or employee who shall arrest or search the member of the Congress.

Not necessary that he is actually prevent, as long he has the intention to prevent Parliamentary immunity does not protect them before the legislative body itself Covers only civil arrests. Does not cover treason, felony and breach of peace. (Martinez v Morfe)

special laws or violation of the RPC

ART 148 DIRECT ASSAULT

1st mode: 1. Offender employs force or intimidation 2. Purpose: attain any of the objectives or goals in the crime of rebellion or sedition 3. No public uprising 2nd mode: 1. Offender makes an attack, employs force, makes serious intimidation or makes serious resistance 2. Person in authority or his agent is assaulted 3. At the time of the assault: engaged in actual performance or by reason of past performance 4. Offender knows that he is assaulting a person in authority or his agent 5. No public uprising

ART 149 INDIRECT ASSAULT

Purpose: intention to defy authorities 1. PIA or his agent is the victim of any of the forms of direct assault defined in Art 148 2. person comes to the aid of such authority or his agent

WITHOUT PUBLIC UPRISING:

OFFENDER: Any person

1. By employing force, intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition 2. By attacking, employing force or by seriously intimidating or resisting any person in authority or nay of his agents, while engaged in the performance of official duties or on occasion of such performance

OFFENDED PARTY: (For Form 1: should not be because ART 152 Person in authority – directly vested with jurisdiction which is the power or authority to govern and execute laws – powers and duties vested in him by law should be determined

REASON: violate disrespect for representative of sovereign authority

Agents of person in authority – by direct provision of law, or by election or by appointment by competent authority is charged with the maintenance of public order and the protection and security of life and property - any person who comes to the aid of PIA shall be deemed an agent

OFFENDED PARTY: May be a private person

A. In actual performance of official duties - regardless of location, as long as it does not descend to private matters B. By reason of past performance of official duties – the impelling motive of the attack is the performance of official duty - even if at the very time of the assault, no official duty was being discharged - “on occasion” = by reason or because - evidence of motive is important only in Form 2 but not in Form 1 bec of this element

1. Assault is committed with a weapon 2. When the offender is a public officer or employee 3. When the offender lays hand upon a person in authority

Additional penalty if

If with public and tumultuous uprising: SEDITION (Art 134)

Not necessarily committed against public official because SEDITION may be committed against private persons (Art 139 Par 4) Inclusion of TEACHERS, PROFESSORS and PERSONS CHARGED WITH THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SUC as “persons in authority” – Limited application to Art 148 and 151 only

MAYBE COMPLEXED e.g. Direct assault with homicide or murder or serious physical injuries, Attempted murder with direct assault (Ppl v Beltran) ABSORBS: - slight physical injuries

No public uprising

Presupposes violation of Art 148 (Direct Assault)

If there is no direct assault committed, only PHYSICAL INJURIES

Applies only when one comes to the aid of an agent because one cannot be an agent of an agent. By virtue of Art 152, any private person who comes

ART 156 DELIVERY OF PRISONERS FROM JAIL

ART 157 EVASION OF SERVICE OF SENTENCE

ART 159 OTHER CASES OF EVASION OF SERVICE OF SENTENCE (Violation of Conditional

3. Offender makes use of force or intimidation upon such person coming to the aid of the authority of his agent 1. There is a person confined in jail or penal establishment 2. Offender removes therefrom such person OR helps the escape of such person

1. Offender is convict by final judgment 2. Serving sentence which consists in the deprivation of liberty 3. Evades service of his sentence by escaping during the term of his sentence

1. Offender was a convict 2. He was granted pardon by the Chief Executive 3. He violated any of the conditions

to the aid of a PIA automatically becomes an “agent”

OFFENDER: any person not entrusted with the custody of the prisoner, e.g. employee of the penal institution, off-duty guard (usually 3rd person)

Evasion of convict of service of his sentence by escaping during the term of s imprisonment by reason of FJ Escape – flee from, avoid, get out of the way, as to flee to avoid arrest - escape is only possible after starting service of sentence (Tanega v Masakayan) Violation of any of the conditions in a conditional pardon granted by the President upon the convict

Includes hospital or asylums

PRISONER: either by final judgment or detention Liability: detention prisoner, no liability; by FJ, evasion of service (Art 157) OFFENDER: convicts by final judgment NOT INCLUDE: - detention prisoners: pending investigation or trial - minor delinquents: in a reformatory institution or the sentence is suspended - deported aliens OFFENDER: Convicts granted conditional pardon by the Chief Executive

159 v 157 159: does not cause harm or injury to the right of other person nor does it disturb public order BUT

Violence, intimidation or bribery

Arresto mayor max

Taking the guards by surprise outside the establishments

Arresto mayor min

QUALIFIED if committed by means: - unlawful entry (by scaling or climbing walls) - breaking doors, windows etc - using of picklocks - connivance with other convicts or employees of the penal institution

ISL not applicable PC med and max Qualified: PC max

PC Min but if penalty remitted by the granting of the pardon is more than 6 years: suffer the unexpired portion

If offender is public officer charged with the custody of the prisoner: CONNIVING WITH OR CONSENTING TO EVASION (Art 223)

Employment of deceit not a necessary element

Applicable to the sentence of destierro (Ppl v Abilong) but not deportation

If condition is “not commit another crime” must be found guilty first for Art 159 to apply. However, under Sec 64 (i) of

NATURE OF CONDITIONAL PARDON: a contract bet the Pres (who grants the pardon) and the convict (who

Pardon)

ART 160 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY FOR ANOTHER PREVIOUS OFFENSE (QuasiRecidivism)

of such pardon

1. Offender was already convicted by final judgment of one offense 2. Committed new felony before beginning to serve such sentence OR while service the same

Special aggravating circumstance where a person, having been convicted by FJ, shall commit a new felony before beginning to serve such sentence or while serving the same.

OFFENDER: already convicted by FJ for one offense (whether of RPC or SPL) 2nd crime must be a felony, not special law because SPL have no periods similar to that of felonies Not required that embraced in the same title of RPC or same character

merely an infringement of contract; 157: attempt at least to evade penalty inflicted by courts and thus defeat purpose of law of either reforming or punishing them for having disturbed public order BEFORE (e.g. pendency of appeal, conviction of RTC affirmed by CA) or WHILE (e.g. Ppl v Dioso and gang riots) serving previous sentence by FJ

of original sentence - not a substantive offense, bec penalty is unexpired portion - distinct crime s

Cannot be offset by ordinary mitigating circumstances But MINORITY is privileged mitigating circumstances

RAC offender can be arrested and reincarcerated without trial. Pardon is prerogative of the President; purely executive acts not subject to judicial scrutiny (Torres v Gonzales)

Punished by the maximum period of penalty prescribed by the law for the new felony.

accepts it) - conditions extend even to other laws and not just RPC

v REITERACION (or habituality) - an aggravating circ, Art 14 Par 10) – requires that the offender shall have served out his sentences for the prior offenses

MAY BE PARDONED if: - age is 70 and served out his orig sentence or complete it after reaching that age - not habitual criminal UNLESS by conduct or other circ, deemed unworthy of clemency

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ART 161 COUNTERFEITIN G Great Seal

Intent to use is necessary, merely copying for souvenir is okay

FORGING President’s signature or stamp ART 162 USING

1. Great Seal was counterfeited OR

FORGING 1. the Great Seal of the Gov't 2. signature of the President 3. stamp of the Pres

Actual use not required to be punished as long as the offender intended to use it

OFFENDER: Used the

If Pres left a blank paper with signature and secretary wrote document above it, FALSI BY PUB OFF (171) or FALSI BY PVT INDIVAND USE OF FALSI DOCU (172) Act is in effect the

Not FALSIFICATION OF DOCUMENT if signature of President is forge, A161 supplies specific provision

If the user is the

forged signature counterfeit seal or stamp

ART 163 MAKING, IMPORTING, UTTERING false coins

signature/stamp was forged by another person 2. Offender knew of the counterfeiting 3. Used the counterfeit/forged 4. Offender is not the forger 1. There be FALSE or MUTILATED coins 2. offender either MADE, IMPORTED or UTTERED such coins 3. In case of uttering, such false or counterfeited coins, he connived with the counterfeiters or importers Intent to bring into the country is necessary

ART 164 IMPORTING UTTERING mutilated coins (genuine coins but defective)

ART 165 SELLING false or mutilated coins WITHOUT CONNIVANCE Offense punished: mere holding of

Intent to damage or defraud another Coin must be of legal tender.

1st mode: 1. possession of false/mutilated coin 2. with intent to utter 3. knowledge of falsity/mutilation

Counterfeiting – imitation of a genuine or legal coin. May contain more silver than the ordinary coin - Spurious coin, imitation of the peculiar design of the coin

counterfeited/forg ed Seal/Stamp/Signat ure AND not the forger

act of an accessory but penalty is only one degree lower

forger, punished under A161

OFFENDER: - Made - Imported - Utttered in connivance with counterfeiters or importers

Giving the appearance of silver piece to a copper cent, ESTAFA under Art 318 (other deceits)

KINDS OF COINS WHICH CAN BE COUNTERFEITED: 1. silver coin of the Phil or con of the CB 2. coin of the minor coinage of the Phil or CB (below 10 cents) 3. coin of the currency of a foreign country irrespective of WON it is still in official circulation (Ppl v Kong Leon) 4. former coins withdrawn from circulation

Import – bring them into the port, it is complete before entry at the Customs House Utter – pass counterfeited coins; delivery or act of giving them away 1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or defraud another

PC Min and fine not to exceed P2000

Mutilating coins of foreign country not actionable.

Mutilation – take off part of the metal either by filing it or substitution it for another metal of inferior quality; diminish by ingenuous means the metal in the coin. Mutilation was done not for the sake of mutilating it but to take advantage of the metal abstracted as a result of which, the coin diminishes in intrinsic value 2. Importing or uttering, with the further requirement that there must be connivance with the mutilator or importer in case of uttering 1. Possession of OFFENDER: Not only actual or coin, counterfeited without physical or mutilated by connivance with possession but another person, counterfeiters, also constructive with intent to possesses and possession utter, knowing utters with (subjection of the that it is false or knowledge thing to one’s mutilated. control)

Unlike 164, does not require that false coin is legal tender. BUT if mutilated, it must be legal tender. (Because if not legal tender, cannot be

false/mutilated coin with intent to utter

2nd mode: 1. actually uttering 2. knowledge of falsity/mutilation

ART 166 FORGING, IMPORTING, UTTERING treasury or bank notes or other documents payable to the bearer

ART 169

ART 167 COUNTERFEITIN G, IMPORTING, UTTERING instruments not payable to the bearer

ART 169 POSSESSION, USE

FORGERY – giving to a treasury/bank note or to order the appearance of a true and genuine docu - used for falsification and counterfeiting of treasury or bank notes or any instruments payable to order/bearer FALSIFICATION – erasing, substituting, counterfeiting or altering by any means, the figures, letters, words or signs contained - used for 8 acts in A 171 1. Instrument payable to order or other document of credit not payable to bearer 2. Offender either FORGED, IMPORTED or UTTERED such instrument 3. In case of uttering, he connived with the forger or importer 1. payable to bearer, payable to order or not

2. Actually uttering such false/mutilated coin, knowing the same to be false/mutilated 1. Forging or falsification of treasury or bank notes or other documents payable to the bearer 2. Importation of such false/forged obli or notes 3. Uttering of such false/forged obli or notes in connivance with the forgers or importers

considered as “mutilated”)

OFFENDER: Any person

Can also be committed by: - Using genuine bank notes issued by Phil Gov’t (Del Rosario v Ppl) - Giving appearance of true and genuine documents to otherwise genuine paper bills withdrawn from circulation (Ppl v Galano)

REASON: maintain the integrity of the currency and thus insure the credit standing of the Gov’t and prevent the imposition on the public and gov’t of worthless notes and obligations

Connivance not required if the utterer is the forger

1. Using forged/falsified instruments

Person in possession of falsified/forged

a. Obligation or security issued by the Gov’t b. Circulating note issued by any banking association duly authorized by law to issue the same c. Document issued by a foreign gov’t d. Circulating note or bill issued by a foreign bank duly authorized to issue the same

Falsification of PNB checks are commercial documents punished under Art 172 in connection with Art 171

NOTES & OTHER OBLIGATIONS AND SECURITIES THAT MAY BE FORGED/FALSIFIED : 1. Treasury or bank notes 2. Certificates 2. Other obligations and securities, payable to the bearer Punished more severely than counterfeiting of coins because tends to bring such documents into discredit and produces lack of confidence on the part of holders to the prejudice of the interest of society and of the State

Limited to instruments payable to order, negotiated by indorsement and delivery

Possession is not a criminal offense, it is possession with

false treasury or bank notes

ART 170 FALSIFICATION of legislative docu

ART 171 FALSIFICATION by pub off of pub docu REASON: protect interest of the community which is intended to be guaranteed by the strictest faithfulness of the officials charged with the preparation and preservation of the acts in which they intervene

payable to bearer is forged or falsified by another person 2. Knows that any of those instruments is forged/falsified 3. Performs any of these acts: - using - possessing with intent to use 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by either House or any prov/muni council 2. Offender alters the same 3. He has no proper authority therefor 4. Alteration changed the meaning of the document 1. Offender is a puboff/employee etc 2. Takes advantage of his official position 3. Falsifies a document by committing any of the acts in the right  4. If ecclesiastical minuter, affect the civil status of the person Intent to gain or cause damage is not necessary in public document

2. Possessing with intent to use any of such false/falsified instruments

Alteration of bills, ordinance or resolution and changed its meaning

instrument and who uses same is presumed to be the material author of falsification, unless there be satisfactory explanation of possession of forged bills

intent to use.

There is a genuine ordinance. Fabricated or simulated legislative document is not covered.

1. counterfeiting or imitating any handwriting, signature or rubric - intent to imitate, or attempt (inferred from sufficient resemblance) - some resemblance between genuine and forged (need not be perfect) 2. causing it to appear that persons have participated in any proceeding when they did not in fact so participate - imitation of signature not necessary, if by PRIV INDIV, Art 172 applies 3. attributing to persons who have participated in an act or proceeding statements other than those in fact made by them 4. making untruthful statements in a narration of facts a. narration of facts, not conclusion of law b. legal obligation to disclose the truth (required by law) c. absolutely false, no colorable truth in statements d. wrongful intent of injuring a 3P, no falsification if in good faith -> can be committed by omission 5. altering true dates - date must be essential (e.g. birth, marriage, death) 6. making any alteration (change) or intercalation (insertion) in a genuine document which changes its meaning - if speaks the truth, not falsification but correction (Cabigas v Ppl) 7.issuing in an authenticated form a document purported to be a copy of an original document when no such original exists OR including in such a copy a

If the meaning was not changed, punished either under Art 171 or Art 172.

OFFENDER: - Public off/employee - Notary public - Ecclesiastical minister (with respect to any record or document of such character that its falsification of which affects civil status of persons) Private persons who conspire with the offenders listed above is also guilty of the same crime

COMPLEXED WITH: Estafa (Ppl v Villalon) Theft Malversation - before falsified docu is used to defraud another, it is consummated. (e.g. Estafa thru falsif of pubdocu, Theft thru falsif of ofcial docu, Estafa thru falsif of coml. Docu by reckless imprudence, Malversation thru falsif of pub docu) UNLIKE in private document wherein

Document – any written statement by which a right is established or an obligation is extinguished - a writing or instrument by which a fact may be proven or affirmed Genuine document is needed in: - Par 3, Par 6, Par 8 Par 7 - document is executed with intervention of a publ off/emp,

statement contrary to, or different from that of the genuine original - presupposes “taking advantage of position,” committed during the preparation stage 8. intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book

ART 172 Par 1 FALSIFICATION by private indiv

ART 172 Par 2 FALSIFICATION of private docu

ART 172 Par 3

1. Offender is a pvt indiv or puboff who did not take advantage 2. Committed A171 3. Public, official, commercial docu or letter of exchange Criminal intent or malice still necessary 1. Offender is any person, commit 171 except Par 7 2. Committed in any priv document 3. Falsif caused damage to a 3P or at least intent to cause such damage

1. Offender knew

Committed any of the acts of falsif in Art 171

OFFENDER: - Private individual - Public officer who did not take advantage of his position

Committed in a: - Public document (exigencies of pub service or pub ofc’s intervention) - Official document (in the exercise of the fxn of his ofc) - Commercial document - Letter of exchange

CONCURRENCE OF: - Committed any of the acts of falsif in Art 171 except Par 7 - Performed an independent act which operates to the prejudice of 3P  damage need not be material

OFFENDER: Any person

Committed in a: - Private document (executed by indiv without intervention of public officials)

1. Introduced in

OFFENDER: Knows

Causes damage to a 3P or at least the falsif was committed with intent to cause damage

Introduced in any

Generally, falsification has no attempted or frustrated stage. Consummated the moment genuine is altered or the false docu is executed. Does not matter if offender did not achieve his objectives.

the damage is not caused directly by falsification but by estafa itself FALSIFICATION thru reckless imprudence only for public docu and not priv docu (malice is needed in priv docu which negates imprudence) INTENT TO CAUSE DAMAGE NOT NECESSARY bec pubdocu and what is punished is violation of public faith and the destruction of the truth as therein solemnly proclaimed

notary public Documents may be simulated/fabricat ed

Possessor of falsified is presumed to be the author of falsif UNLESS:

PUB DOCUMENT v PVT DOCUMENT Damage or intent to cause damage to 3P not necessary in PUBLIC but necessary in PRIVATE. As a result of which complexing of falsified private document is NOT possible. The damage is not caused by falsification but by estafa. Must exist with its own element of damage.

USE OF FALSI DOCU

that the docu is falsi by another person 2. False docu is embraced in A171 or A172 (1 or 2) 3. Introduced said docu in evidence in any judicial proceeding 4. Damage not necessary

judicial proceedings (damage not necessary) 2. Introduced in non-judicial proceedings (damage is necessary, but immaterial if PUBLIC document)

that the document is falsified by another person

USURPATION OF: Authority – falsely representing oneself to be an officer, agent, or representative of any dept. or agency of the Phil Gov’t or foreign gov’t - functions; offender has no connection with the office he represents

OFFENDER: Any person including public officials

OTHER TRANS: 1. Offender knew that the docu is falsi by another person 2. False docu is embraced in A171 or A172 (1 or 2) 3. Used such docu (not in judproceed) 4. Use caused damage to another or at least intent to cause such damage ART 177 USURPATION

Official functions – performing any act pertaining to any person in

If offender is also the author of falsification, “use” is not punished as separate crime

jud proceeding Damage is not necessary for judicial proceeding, but necessary for other transactions

USER DEEMED THE AUTHOR IF: 1. use was so closely connected in time with the falsification 2. user had the capacity of falsifying the document (Ppl v Sendaydiego)

PC Min and Med

authority or puboff of the Phil Gov't or of a foreign gov’t or any agency therof, under pretence of official position, without being lawfully entitled to do so - excess of authority; has connection with the office but acts done not part of his functions ART 178 USING FICTITIOUS NAME

ART 179 ILLEGAL USE OF UNIFORMS OR INSIGNIA

1st mode: 1. Offender uses a name other than his real name 2. Uses the fictitious name publicly (e.g. passport) 3. Purpose is to - conceal a crime - evade execution of a judgment - cause damage 2nd mode: 1. Offender conceals his true name and other personal circumstances 2. Purpose only is to conceal his identity 1. Offender makes use of insignia, uniform, or dress 2. The insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member 3. That said IUD is

1. Using fictitious names publicly

FORM 1 publicly FORM 2 not publicly

2. Concealing true name

Use IUD of: - Office not held - Class of which he is not a member Publicly Improperly

OFFENDER: Any person

CAUSING DAMAGE: Public interest: Fictitious name (Art 178) Private interest: Estafa (Art 315 Par 2a)

COM ACT 42: Regulates the use of aliases - Difference in purpose and manner (publicly) - Use of alias allowed if for literary, cinema, TV, radio or other entertainment purposes and in athletic events

Exact imitation of IUD is not necessary RA 75 punishes unauthorized wearing of UID or regalia of a foreign state, or one nearly resembling the same with intent to

used publicly and improperly

FALSE TESTIMONY IN CRIMINAL False Testimony is committed by persons who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

ART 182 FALSE TESTIMONY IN CIVIL

1. There be a criminal proceeding Art 180 2. Offender testifies falsely under oath against defendant 3. Offender who gives FT knows it is false 4. Defendant against whom FT is given is either acquitted or convicted in an FJ Art 181 2. Offender testifies falsely under oath in favor the defendant 3. Offender who gives FT knows it is false 4. Trial need not be terminated 1. Testimony given in civil case 2. FT relate to the issues presented in said case 3. Testimony is false 4. Offender knows testimony is false

deceive or mislead

ART 180 – Against Knowingly giving a FT against defendant in crim pro ART 181 – In favor Knowingly giving a FT in favor of defendant in crim pro REASON (181): not because of the effect it actually produces, but because of its tendency to favor or prejudice the defendant

Knowingly giving FT in a civil case

OFFENDER: Liable even if his testimony was not considered by the court REASON: law punishes the false witness even if defendant in principal case is acquitted, punish the mere giving of FT ART 181 may also apply to defendant who falsely testified on his own behalf (esp. falsely impute to other persons

ART 180 – Against Defendant must be sentenced to: 1. correctional penalty 2. fine 3. acquitted

PENALTY of Art 180 depends on the penalty imposed upon the defendant PENALTY of Art 181 based on potential penalty

ART 181 – In favor - Conviction not necessary - FT need not benefit the defendant - Expert statement is a mere opinion and not FT

Applies to ordinary civil cases; not to special proceedings

Penalty depends on the amount of controversy

RA 493 insignia, badge or emblem of rank of the members of the AFP or PC or any colorable imitation thereof; not applicable in plays, movies or theaters Rectification made spontaneously after realizing the mistake is not FT

ART 183 FALSE TESTIMONY IN OTHER CASES (Perjury) Oath – form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. Affidavit – sworn statement in writing, a declaration in writing, made upon oath before an authorized magistrate or officer ART 184 OFFERING FALSE TESTIMONY IN EVIDENCE

ART 185 MACHINATIONS IN PUBLIC AUCTIONS

5. Testimony is malicious and intent to affect the issues presented in the case 1. Made a statement under oath or executed an affidavit upon a material matter (main fact which is the subject of the inquiry) 2. S or A made before a competent officer, authorized to receive and administer oath 3. Accused made a willful and deliberate assertion of falsehood 4. Sworn S or A containing falsity is required by law

1. Offender offers in evidence a false witness or testimony 2. Knows that witness/testimony is false 3. Offer is made in a judicial or official proceeding 1. Public auction 4. Intent to cause the reduction of the price of the thing auctioned 1st mode: 2. Offender solicits any gift or a promise from any

1. Falsely testifying under oath (not in a judicial proceeding)

Willful and deliberate assertion of falsehood

2. Making false affidavit

Other cases e.g. before justice of the peace, fiscal during preliminary investigation

AM max – PC min

SUBORNATION OF PERJURY: knowingly and willfully procuring another to swear falsely and the witness suborned does testify under circumstances rendering him gulty of perjury

JUDPRO – actual trial wherein judgment of conviction or acquittal is rendered Good faith or lack of malice is a defense in perjury No perjury through imprudence or negligence

Knowingly offering in evidence a false testimony in any judicial proceeding

OFFENDER: Any person

Judicial or official proceeding

FT if judicial proceeding Perjury if other than judicial proceeding

Does not induce a witness to testify

1. Soliciting any gifts or promise as a consideration for refraining from taking part in the auction 2. Attempting to cause bidders to stay away from an auction by threats,

OFFENDER: Any person

Public auction wherein the Gov’t is the seller, not on acquisition of property nor procurement

Mere attempt consummates the crime

PC min and fine 10-50% of the value of the thing auctioned

If induce the witness, Art 180, 181, 182 or Art 183 in relation to Art 7, Par 2 will apply

“Other artifice” e.g. telling them that public bidding would not be held at the time to make them go away, knowing that the bidding would not be postponed.

of the bidders 3. Gift or promise is the consideration for his refraining from taking part in that public auction

gifts, promises or any other artifice

2nd mode: 2. Cause the bidders to stay away from public auction 3. Done by threats, gifts, promises or any other artifice

TITLE FIVE: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS RA 9165

PURPOSE: jail pushers, save users DIFFERENT CLASSES OF ACTS PUNISHED: 1. Manufacture, importation, sale – manufacture, importation, selling, administering, dispensing, delivering, giving away, distributing, dispatching, transporting (of jDD, precursor and equipment) 2. Possession, use (of DD, precursor, equipmen, instrument, apparatus, other paraphernalia for drug use, where use = smoking, consuming, administering, injecting, ingesting, introducing into the body; penalty on possession depends on the amount of substance possessed) 3. Maintenance of a den (employees and visitors of den are liable) KINDS OF SUBSTANCE PROHIBITED: 1. Dangerous drugs 2. Controlled precursor – ingredients for manufacture of dangerous drugs PENALTIES: 1. Pushers: 1st offense – jail 2. Users: 1st offense – rehab, 2nd offense – jail 3. Elective local or noational official – remove from office and perpetual disqualification from public office (elective and appointive) a. Benefited from proceeds of the trafficking of DD b. Received any financial or material contributions or donations HIGHER PENALTY GIVEN IF 1. acts under class 1 transpire within 100 km from school 2. drug pushers use minors or mentally incapacitated as runners, couriers, and messengers or in any other capacity 3. victim of acts under class 1 is a minor/mentally incapacitated 4. offender manages or acts as financier for act under class 1 5. clandestine laboratory for manufacture is secured by booby traps 6. laboratory is within 100 m from residential, business, church, or school premises 7. clandestine laboratory is concealed with legitimate business operation 8. employment of a practitioner, chemical engineer, public official, or foreigner 9. possession/use is in a company of at least 2 persons (pot session)

10. dangerous drugs is administered in a den to a minor 11. use of the drug is the proximate cause of the death of a person using such den, dive, resort 12. offender organizes, manages or acts as a financier of the den PRIMA FACIE EVIDENCES/PROOF: 1. presence of precursor OR laboratory equipment in a clandestine laboratory = manufacture of dangerous drug 2. possession of EIAO = smoked, consumed, administered to himself/herself, injected or used a DD, presumed to have violated Sec 15 ADMINISTRATIVE FRAMEWORK: Dangerous Drug Board – policy-making and strategy-formulating body; decides on adding/deleting substances from the current list of dangerous drugs and precursors Philippine Drug Enforcement Agency – implementing arm of the DDB responsible for the efficient and effective law enforcement of all the provisions of the Act; takes custody of all items confiscated Department of Health – in charged for accreditation of drug testing laboratories and issuance of special prescription paper for practitioners who use DD DepEd, CHED, TESDA – cause the development, publication, and distribution of info an support educational materials DILG, NYC, DSWD – establish in each of its provincial office a special drug education center of out of school youth DSWD – in charged of accreditation of civil organization under which a drug dependent discharged shall undergo community service DRUG TESTING: Mandatory: 1. Applicants for driver’s license 2. Applicants for firearm’s license and for permit to carry firearms outside residence 3. Officers and members of the military, police, and other law enforcement agencies 4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than 6 yrs and 1 day 5. All candidates for public office whether appointed or elected both in the national or local government Random: 1. Students of secondary and tertiary schools – expenses for both public and private born by the government 2. Officers and employees of or public and private offices – ground for termination

TITLE SIX: CRIMES AGAINST PUBLIC MORALS ART 195 GAMBLING Gambling – any game or scheme, whether upon chance of skill, wherein wages consisting of money, articles or value of repress of value are at stake or made (money, game or services) ART 198 ILLEGAL BETTING ON

Only illegal if not allowed by law (e.g. PAGCOR, PCSO, Lotto), but is “legal” if sanctioned by the state REASON: Repress an evil that undermines the social, moral and economic growth of the nation

1. Taking part directly and indirectly in: a. any game b. exploitation of any mechanical invention or contrivance to determine by chance the loser or winner of money or object representative of value 2. Knowingly permitting any form of gambling to be carried on in any place owned or controlled by the offender 3. Being maintainer, conductor, or banker in a game of jueteng or similar game 4. Knowingly and without lawful purpose, possessing lottery list, papers or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game 1. Betting on horse races during periods not

DAYS ALLOWED: 1. Sundays not

LOI 816 exclude certain prohibited games under PD 1602 When exclusively intended for home entertainment or parlor games: 1. Domino 2. Bingo 3. Mahjong 4. Poker (not played with five card stud) 5. Cuajo 6. Pangguingue

HORSE RACES

ART 200 GRAVE SCANDALS

ART 201 IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS Moral –

allowed by law 2. Maintaining or employing a totalizer or a device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law

1. Offender performs an act or acts 2. Such act or acts be highly scandalous or offending against decency or good customs 3. Highly scandalous conduct is not expressly falling within any other article of this code 4. Act/s complained of be committed in a public place or within the public knowledge or view

2. 3.

OFFENDER: Any person

reserved 24 Saturdays Legal holidays except those enumerate d above

NOT ALLOWED: 1. Independe nce Day 2. Rizal Day 3. Registratio n or Voting Day 4. Holy Thursday 5. Good Friday Committed in a public place Or Within public knowledge or view

1. Publicly expound or proclaim doctrines openly contrary to public morals 2. Writing, publishing, and selling obscene literatures

conformity with the generally accepted standards or goodness or rightness in conduct or char, sometimes, specifically to sexual conduct

VAGRANCY

3. Exhibiting indecent or immoral plays, scenes, acts, or shows 4. Selling, giving away, or exhibiting films, prints, engravings, sculptures, or literature which are offensive to morals OFFENDER: Any person who 1. Has no apparent means of subsistence, with physical ability to work but fails to apply to lawful calling 2. Loitering in public or trampling without visible means of support 3. Idle or dissolute person who lodges in house of ill-fame 4. Ruffian, pimps and those who habitually associate with prostis 5. Prostitutes – sexual intercourse/ lascivious conducts for money or profit

PD 1563 MENDICANCY LAW OF 1978 RA 9208 ANTI-HUMAN TRAFFICKING ACT

TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS

ART 203 WHO ARE PUBLIC OFFICERS: 1. Taking part in public functions in the Gov't OR performing in said Gov't public duties as an employee, agent, or subordinate ofcial of any rank or class 2. Authority to take part in performance of public functions or perform public duties - by direct provision of law - by popular election - by appointment by competent authority MISFEASANCE improper performance of some act which might have been lawfully done Art 204 Knowingly rendering unjust judgment Art 205 Rendering judgment through negligence (manifestly unjust) Art 206 Rendering unjust interlocutory order Art 207 Malicious delaying in administration of justice

BRIBERY AND CORRUPTION OF PUBLIC OFFICIALS

ART 210 Accepts an “offer” or a poromise, or receives a gift or present by himself or through another to: – Commit some crime (malfeasance) – Execution of a act not a crime, in connection with his official duty

NONFEASANCE omission of some act which ought to be performed Art 208 Dereliction of duty in prosecution of offenses – Maliciously refraining from instituting prosecuting against violators of law – Maliciously tolerating commission of offense – Malice: deliberate intent to favor the violator of the law ART 212 Punishes the person who makes offers, promises or gives gift or presents to puboff

ART 211-A Offender is a puboff: - entrusted with law enforcement, - refrains from arresting/prosecutin g

MALFEASANCE performance of some act which ought not to be done Art 210 Direct Bribery Art 211 Indirect Bribery Art 211A Qualified Bribery

QUALIFIED: suffer the penalty for the offense which was not prosecuted

210 v 211 - Both puboff receives something - DB agreement exists between puboff and giver;

Accepts an offer – means that the bribe need not be actually received ART 211 based largely on motive,

–

and unjust (misfeasance) Refraining to do what he is officially required to do (nonfeasance)

ART 211 Receiving a gift offered by reason of his public office RA 1379 Forfeiture Law

RA 3019 Anti-Graft & Corrupt Practices Act

- offender who committed RP and/or death - in consideration of any offer, promise, gift or present

Unlawful acquisition of property RA 6713 - concealment of ownership Code of Conduct - transferred after effectivity of this Act and Ethic Std for Property donated to him during incumbency, unless satisfactorily prove that Public Officers & otherwise lawful Employees 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby 8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group 10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled

IB no agreement - DB agrees to perform, performs or refrains from doing something; IB not necessary to do anything as long as by reason of his ofc

RA 7080 Plunder Law

hence difficult to prove Usually proved by evidence acquired in entrapment

MALVERSATION aka Embezzlement

INFIDELITY IN THE CUSTODY OF PRISONERS

11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date COMMON ART 217 OFFENDER: Public At the time ELEMENTS 1. APPROPRIATING officer entrusted property or fund 1. Public officer 2. TAKING and with public was to be 2. Entrusted with MISAPPROPRIATIN funds/prop accounted, he custody or G - Nature of the failed to do so. controls of Gov’t 3. CONSENTING, duties of puboff, Even if officer did funds/property by thru not the name of not gain from it as reason of his ofc abandonment or office is long as the fund 3. Accountable negligence, controlling was spent not for 4. Appropriated, permitted other - If only qualified its purpose took, person to take it charge, without misappropriated, authority to part REBUTTABLE BY consented thru ART 218 Failure with physical satisfactory abandonment or to render possession evidence of loss negligence, accounts (caretaker status), or robbery permitted another - Misappropriation not liable for committed by a person to take is not necessary malversation person other than them the accused ART 219 Failure Pvt ind in to render conspiracy with Replacement of accounts before puboff also liable money does not leaving the extinguish, only country ART 222 mitigate 1. Pvt indiv who ART 220 Illegal has charge in any use of public capacity funds/prop whatsoever 2. ART 221 Failure Admin/depository to make delivery of funds attached, of public seized or funds/prop deposited private – Refusal property (malicious) – Failure to pay ART 223 OFFENDER: puboff Consent to escape who has custody of the prisoner or charge of Connivance – prisoner agreement between prisoner ART 225 Custody (FJ & det) and of person not a puboff puboff - consents ART 224 Evasion - thru negligence through negligence LIABILITY OF Definite laxity FUGITIVE:

Damage not necessary Penalty depends on amount involved, not amount of damage

Received money without authority and misappropriated, ESTAFA

Art 225 not applicable when same person who made the citizen’s arrest set him free

Leniency or laxity is not infidelity

amounting to nonperformance of duty

FJ – evasion of service (Art 157) Detention – no liability

TITLE EIGHT: CRIMES AGAINST PERSONS ART 246 PARRICIDE

ESSENTIAL ELEMENT: relationship of offender so it must be alleged, otherwise, only aggravating circumstance

OFFENDED PARTY: - parents, children not less than 3 days old (legit or illegit) - other ascendants or descendants (legit) - legit spouse - only relatives in direct line AND by blood

Can be committed through reckless imprudence or simple imprudence/neglige nce

Does not require knowledge of relationship ART 247 DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

ART 248 MURDER Murder – unlawful

REQUISITES: REASON: acting in 1. Legally married a justified “burst person / parent of of passion” under 18 yo living with him, surprised in the act of committing sexual intercourse with another person 2. Kills any or both, or serious physical injuries in the act immediately or thereafter 3. Not promoted/faci prostitution of wife/daughter OR not consented to infidelity KILLED ANOTHER UNDER THE FF CIRC: 1. With (TTAEI) treachery, taking advantage of superior strength, aid of armed men, employing means to

OFFENDER: - Legitimate spouse - Not necessarily legitimate parent

Cases a person who committed parricide not punished with RP to death: - Through negligence (Art 365) - By mistake (Art 249) - Under exceptional circumstances (Art 247)

Stranger cooperating in parricide, either MURDER or HOMICIDE DESTIERRO for the protection of the defendant from victim’s relatives

Applies only if spouse is in flagrante delicto of ADULTERY, not RAPE If less serious or slight physical injuries, no criminal liability

“Surprise” suddenly or unexpectedly “Immediately thereafter” circums evidence that the carnal act has just been committed or is being committed Killing is a direct product of the accused’s rage (Ppl v Abarca)

If not killed, attempted or frustrated

RULES: 1. Murder will exist with only one of the

By means of poison is not always murder, there must be

killing of any person which is not parricide or infanticide

ART 249 HOMICIDE Homicide – unlawful killing of any person, which is neither parricide, murder nor infanticide

ART 255 INFANTICIDE Infanticide – killing of any child less than 3 days of age, whether the killer is the parent or grandparent, any other relative of the child or stranger ART 256

weaken the defense or means or persons to insure or afford impunity; 2. In consideration of prize, reward, or promise (hitman); 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great ruin (Intent to kill is necessary only for this circumstance) 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse (ignominy) 1. Someone was killed 2. Accused killed without justifying circ (e.g. self-defense or defense of relative or stranger or any other in Art 11) 3. Had intent to kill, presumed 4. Killing not attended by any of the qualifying circ of murder or parricide or infanticide

If with treachery, still murder even if without intent to kill E.g. killing a child of tender years

No frustrated homicide through imprudence

intent to kill. Though it absorbs treachery and evident premeditation, treachery only applies to “attacks”

Evidence of intent to kill important only in frustrated and attempted stage

Accidental homicide – death of person brought about by a lawful act performed with proper care and skill, without homicidal intent

1. Child was killed - must be born alive and fully developed and that it can sustain an independent life - must not be dead or although born alive, could not sustain an independent life when it was killed 2. Deceased child was less than 3 days of age 3. Accused killed the said child

OFFENDER: Any person

1. Pregnant

LIABLE:

1. By using any

circumstances described in A248 - If >1, others considered as generic aggravating circ. 2. Other circ are absorbed or included in one, not generic e.g. TREACHERY absorbs abuse of superior strength and aid of armed men; MURDER BY POISON absorbs treachery and premeditation 3. Qualifying circ must be alleged in the information otherwise generic aggravating circ One degree higher if victim is 12 yo

Concealing dishonor not an element of infanticide, only mitigating as to mother or maternal grandparents - only applicable to good reputation and good morals, not to prostitutes Fetus must die in

REASON FOR

INTENT TO KILL Shown by weapon and parts of the victim’s body at which the weapon was aimed, shown by the wounds inflicted Does not provide for penalty, so it’s either PARRICIDE or MURDER as the case may be

If purpose of

ABORTION v

INTENTIONAL ABORTION Abortion – 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 foetus

ART 257 UNINTENTIONAL ABORTION

ART 266 A-D RAPE

woman 2. Violence is exerted OR Drugs/beverages is administered OR Acts upon such pregnant woman 3. Result of acts in 2, fetus dies, either in the womb or after having expelled therefrom 4. Abortion is intended

violence upon the person of the pregnant woman 2. By administering drugs or beverages - - By acting, but without using violence, without the consent of the woman - By acting with the consent of the woman

1. Pregnant woman 2. Violence is used upon woman, without intending an abortion 3. Violence intentionally exerted 4. Result of violence, fetus dies either in the womb or after having expelled therefrom 1st mode: CARNAL KNOWLEDGE 1. Thru force, threat or intimidation 2. Offended party is deprived of reason or OW unconscious 3. By means of fraudulent machinations or grave abuse of authority 4. Offended party is under 12 yo or demented even if none of the circ mention above be present 2nd mode: SEXUAL ASSAULT 1. Inserting penis into another person’s mouth or anal orifice 2. Inserting any instrument or object into another person’s genital or anal orifice

1. person who intentionally caused 2. woman is liable (A258) if consented; otherwise, not liable

the consummated abortion; if fetus survives, not consummated

ART 258 Consented abortion practiced by - woman herself - other person - parents for the purpose of concealing dishonor OFFENDER: must have known that the of the victim’s pregnancy

Violence – actual physical force Intentionally exerted No frustrated unintentional abortion

OFFENDER: can now be male or female OFFENDED PARTY: against male or female Character of woman is immaterial in rape PRESUMPTIONS: Evidences for prosecution: - Physical overt act manifesting

Penetration, even partial is necessary - No frustrated rape - Attempted rape: intent to have carnal knowledge Force need not be irresistible Intimidation includes moral kind Victim has no will. Cohabitation with a feeble minded

MITIGATING: excited and obfuscated by the fear of her dishonor being made public, she either practices abortion upon herself or consent that any other person does so, to erase the traces of her mistake

parents was not to conceal dishonor, ART 256 applies

Can be complexed e.g. Unintentional abortion through imprudence, Homicide with unintentional abortion, Parricide with unintentional abortion

Man points gun and threatens to kill woman, abortion because of fear –THREATS only

Par 1 - RP RP to death A. use of deadly weapon OR two or more persons B. *br OR oo of rape, victim became insane C. Rape is attempted, homicide is committed Mandatory death 1.  18, offender is parent, ascendant, stepP, guardian, rel by con or aff 3° civil, common law spouse of parent 2. custody of police, mili or law enforce or penal institution 3. in full view of the spouse, parent, children, rel by con

If no sex, and only acts of lewdness – ACTS OF LASCI (Art 356)

Other person with consent, ART 256

INFANTICIDE Fetus must be able to sustain independent life outside womb for infanticide to occur

No intention to cause abortion, no violence, NO CRIME

May be proved by the uncorroborated testimony of offended woman EFFECT OF MARRIAGE – extinguish criminal action or the penalty imposed (actual marriage, not mere promise) In case of legal

resistance against the rape - So situated as to render her/him incapable of giving valid consent

woman is rape Under 12 yo is statutory, cannot give consent

4. religious engaged in legitimate religious vocation or calling and is personally known by offender before or at the time of the rape 5. 7 6. Afflicted with HIV/AIDS or any other STD and the virus/diseases is transmitted to the victim 7. Any member of AFP, PNP, paramili or law enforcement agency or penal institutions, offender took advantage of his position to facilitate commission of crime 8. br OR oo of rape, victim suffered permanent physical mutilation or disability 9. knew of pregnancy at the time of ape 10.knew of mental disability, emotional disorder or physical handicap of victim at the time of rape 11. br OR oo, homicide is committed (Rape with Homicide now a special complex crime) Par 2 – PM C. RT to RP

A. PM to RT Qualified: RT

husband, subsequent forgiveness is enough. Not applicable if marriage is VAI. (Implied presence of “marital rape”)

TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ART 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION Intent to deprive victim of his liberty or purpose of extorting ransom BUT purpose is immaterial if any of the 4 circ is present

1. Offender is a pvt individual 2. Kidnaps or detains another, or in any manner deprives the latter of his liberty 3. Act of detention or kidnapping must be illegal 4. Commission of the offense, any of the ff circ is present 

CIRCUMSTANCES: 1. Lasts for >3 days (not necessary when other circ present) 2. Committed by simulating public authority 3. Any serious phy inju are inflicted upon the victim OR threats to kill him are made 4. Minor, female or public officer

OFFENDER: Private individual

Actual demand for ransom is not necessary

ART 268: also applies to who furnished the place for perpertration of crimes

Detention or locking up is essential, but not necessary to be in an inclosure

OFFENDED PARTY: Any person

Restraint need not be permanent

1. Offender entrusted with custody of minor person (wheter over or under 7 but less than 21) 2. Deliberately fails to restore said minor to his parents or guardians

Deliberate failure to return custody of the minor to the parents or guardian

ABANDONMENT

ART 276 1. Offender has custody of child 2. Under seven years 3. Abandons such child (permanent, deliberate) 4. No intent to kill, which cannot be presumed from death of the child

ART 275 Failing to render assistance to: 1. Uninhabited place, wounded or in danger of dying, capable of helping without detriment UNLESS more serious offense (e.g. 276) 2. Accidentally

If offender is puboff, ARBITRARY DETENTION (Art 124)

DEATH SENTENCE: 1. purpose is to extort ransom 2. killed or dies as a consequence of detention 3. victim is raped 4. victim is subjected to torture or dehumanizing acts

If victim is minor and accused is one of the parents, penalty is in Art 271 (INDUCING A MINOR TO ABANDON HOME)

ART 268: (Privileged mitigating circ) - Voluntarily released offender within 3 days from commencement of detention, - Without having attained purpose intended, - Before institution of crimproc - PM - Except when victim is a woman

ART 268 Slight illegal detention: absent any of the four circ

ART 270 KIDNAPPING AND FAILURE TO RETURN A MINOR

Ransom – money, price, consideration, paid or demanded for redemption of a captured person; a payment that releases from captivity

OFFENDED PARTY: Form 1: In danger of dying Form 2: Injured by offender thru accident Form 3: Under 7 as well as lost children

Form 1: Uninhabited place Without detriment

QUALIFYING IN 276 Death of the minor resulted from abandonment Life of the minor was endangered

If intention is to deliver to proper authorities, UNLAWFUL ARREST (ART 269) Not liable if lack of motive to resort to kidnapping Necessarily included in Kidnapping and Serious Illegal Detention under Par 4 of Art 267

Psychological deprivation (Ppl v Tomio) ILLEGAL DETENTION v ARBITRARY DETENTION - ID by pvt indiv who unlawfully kidnaps or detains; AD by puboff/emp who detains without legal ground - ID crime against personal liberty and security; AD fundamental law of the State

270 v 267 -270 Entrusted with custody; 267 not

wounded or injured 3. Under seven years, found abandoned, to authorities or family or safe place

TITLE TEN: CRIMES AGAINST PROPERTY ART 293 ROBBERY – taking of personal property belonging to another with intent to gain, by means of violence againstor intimidation of any person or with force upon things ELEMENTS: 1. Unlawful taking (depriving the offended party of the ownership of the thing taken with character of permanency) Complete when: VAoI – gains possession even if no opportunity to dispose FUT – opportunity to dispose 2. Personal property – if real property USURPATION ART 312) 3. Belonging to another (against the will) 4. With intent to gain (presumed from the unlawful taking) – ABSENT this element, only GRAVE COERCION (Art 286) 5. By means of violence against or intimidation upon persons OR force upon things – ABSENT this element, the crime is THEFT VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Taking is always robbery

Value of personal property is immaterial PENALTY depends on: – Result of violence used – Existence of intimidation To qualify Robbery with force upon things (Art 299) It must be committed in uninhabited place AND by a band (Art 300)

FORCE UPON THINGS Robbery only if used either to: – enter buildings (Art 299) – break doors, wardrobes or chests or any kind of receptacle inside the building, force them open outside after taking the same from the building (Art 302) Inhabited house, public bldg, edifice devoted to religious worship – Value of property taken – Carrying arms In uninhabited bldg – Only on value of property taken To qualify Robbery with violence against or intimidation It must be committed in an uninhabited place OR by a band (Art. 295)

ART 297 ATTEMPTED & FRUSTRATED ROBBERY UNDER CERTAIN CIRCUMSTANCES Homicide is committed, punished by RT max to RP unless qualified to MURDER or PARRICIDE. When no overt acts of robbery, only crime against persons Art 48 applies: Attempted or frustrated robbery with serious physical injuries ART 294 Violence against or intimidation upon persons Special complex crimes in Robbery “On the occasion” and “by reason” mean that homicide or serious physical injuries must be committed in the course or because of the robbery.

ROBBERY WITH HOMICIDE (Par 1)

ROBBERY WITH RAPE (Par 2) ROBBERY WITH PHYSICAL INJURIES (serious physical injuries 3, unnecessary violence and intimidation 4, simple robbery 5) ART 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ROBBERY BY THE USE OF FORCE UPON THINGS

Separate offenses when not committed “on the occasion” or “by reason”, Intent to gain must precede the killing YET homicide (overt act) may take place before actual robbery. To be considered as one offense, there must be direct connection between killing and robbery (e.g. eliminate obstacle, escape after commission) General term which includes parricide and murder (no such things as Robbery with Murder) Regardless of who killed who When homicide not proved, only robbery, and vice versa Even if committed in another place, still robbery with rape. As long as rape is not the primary objective, it is still robbery with rape. Robbery with rape committed by two or more persons – qualified to death. No such thing as robbery with attempted rape ART 295 ROBBERY IN BAND Qualifying circ (maximum periods) – cannot be offset by generic mitigating circ 1. Uninhabited place 2. By a band i.e. more than 3 armed malefactors (proof of conspiracy no longer necessary in a band) 3. Attacking a moving train, street car, motor vehicle, airship 4. Entering passengers’ compartment taking by surprise 5. Street, road, hiway, alley and intimidation is made with the use of firearms (licensed or unlicensed) Not applicable to Par 1 and 2 but still, band is appreciated as generic aggravating circ under Art 14 (no crime as Robbery with Homicide in Band) Qualifying to the qualifying circ – use of unlicensed firearm (ART 296) Requirement: member of the band, did not prevent or attempt to prevent the assault, present at the commission of robbery ELEMENTS: 1. Intent to defraud another 2. Compels him to sign, execute, or deliver any public instrument or document 3. Compulsion is by means of violence or intimidation Not applicable if the document is void If under obligation to sign, no robbery. If violence is used, COERCION. ART 299 Inhabited house (any vessel, shelter, ship constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when robbery was committed), public building (every bldg owned by the Gov't or belong to pvt persons but used or rented by the Gov't although temporarily occupied by the same), edifice devoted to religious worship and their dependencies (interior courts, corrals, etc contiguous to the bldg or edifice, having interior entrance connect therewith and form part of the whole) – Def from ART 301 SUBDIVISION A Entrance was effected by any of the ff means: 1. Through an opening not intended for entrance or egress 2. Breaking any wall, roof, floor or breaking any window or door – outside walls because the purpose is to enter the house 3. By using false keys, picklocks or similar tools – genuine keys stolen, not thru force or intimidation from the owner or any keys other than those intended by the owner for use in the lock forcibly opened by the offender (ART 305) 4. By using any fictitious name or pretending to exercise of public authority – not included in Art 302 Once inside the bldg, offender took personal property belonging to another with intent to gain SUBDIVISION B Offender is inside the said infrastructure, regardless of circumstances which he entered it Offender takes personal property belonging to another with intent to gain, under any of the ff circumstances: 1. Breaking of doors, wardrobes, chests or any other kind of locked or sealed furniture or receptacle 2. Taking such furniture or objects away to be broken or forced open outside the place of robbery ART 302 Uninhabited place (means building because you’ll have to effect entrance) or in a private building 1. Entrance was effected through an opening not intended for entrance or egress 2. A wall, roof, floor, or outside door or window was broken 3. Entrance was effected through the use of false keys, picklocks, or other similar tools

4.

Door, wardrobe, chest or any sealed or closed furniture or receptable was broken

5. A closed or sealed receptacle was removed even if the same be broken open elsewhere – includes intent to open it by force RA 6539 CARNAPPING ART 306 BRIGANDAGE

Offender took from there personal property belonging another with intent to gain Taking with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons or by force upon things Committed by more than three armed persons (at least four) who form a band of robber for the PURPOSE: – of committing robbery in the highway – kidnapping persons for the purpose of extortion or obtain ransom – other purpose to be attained by means of force and violence PRESUMPTION: all of the robbers are brigands if any of them carries an unlicensed firearm Purpose

Proof

ART 308 THEFT

BRIGANDAGE 1. commit robbery in hiway 2. kidnap persons for extortion or ransom 3. any other purpose by means of violence or force Mere formation of a band for any of the purposes above is sufficient  there is no requirement that brigands consummate the crime

ROBBERY IN BAND Commit robbery and not necessarily in a hiway

It is necessary to prove that the band actually committed robbery conspiracy to commit robbery is not punishable

PD 532

Brigandage in RPC

Crime must be committed

Mere formation of band is punishable

Acts are punished

Forming of the band is punished

1 malefactor will suffice

At least 4 malefactors

No preconceived target

Pre-conceived victim

Proof of prior robberies required

Proof of prior robberies not required

1ST mode 1. with intent to gain 2. without violence or intimidation against persons 3. nor force upon things 4. take personal property of another 5. without the latter’s consent 2nd mode – not limited to actual finder 1. found lost property 2. fail to delivery the same to local authorities or to its owner Necessary to prove the following in order to establish theft by failure to deliver or return lost property: 1) Time of the seizure of the thing 2) It was a lost property belonging to another; and 3) That the accused having had the opportunity to return

There is no frustrated theft If possession was only material or physical, the crime is THEFT. If possession was juridical, crime is ESTAFA. ROBBERY: against the will

THEFT: consent is lacking

BASIS OF PENALTY (ART 309) 1. Value of the thing stolen 2. Value of the nature of the property taken 3. Circumstances or causes that impelled the culprit to commit the crime ART 310 QUALIFIED THEFT 1. Domestic servant – always qualified 2. Grave abuse of confidence – proof of relation by reason of dependence, guardianship, vigilance 3. Motor vehicle, Mail matter (If a private individual took a letter containing postal money order

3RD

or deliver the lost property to its owner or to the local authorities, refrained from doing so. mode 1. maliciously damages the property of another 2. remove or make use of the fruits or object of the damage caused by them

4. 5. 6.

it is QUALIFIED THEFT. If it was the postmaster, to whom the letter was delivered, the crime would be INFIDELITY IN THE CUSTODY OF DOCUMENTS), Large Cattle Coconuts taken from premises of plantation Fish taken from a fishpond or fishery Taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity vehicular accident or civil disturbance

4th mode 1. entered an enclosed estate or field 2. trespass is forbidden 3. without the consent of owner, hunt or fish or gather same fruits

TITLE ELEVEN: CRIMES AGAINST CHASTITY ADULTERY CONCUBINAGE ACTS OF LASCIVIOUSNES S CHILD PROSTITUTION QUALIFIED SEDUCTION ABDUCTION; FORCIBLE ABDUCTION WITH RAPE CONSENTED ABDUCTION ACTS OF LASCIVIOUSNES S WITH CONSENT PROSECUTION OF PRIVATE OFFENSES

TITLE TWELVE: CRIMES AGAINST CIVIL STATUS OF A PERSON SIMULATION OF BIRTHS BIGAMY

TITLE THIRTEEN: CRIMES AGAINST HONOR LIBEL SLANDER

SLANDER BY DEED INCRIMINATING AN INNOCENT PERSON RA 4200 WIRETAPPING

TITLE FOURTEEN: QUASI-OFFENSES CRIMINAL NEGLIGENCE

COMPARISONS Piracy Mutiny Hijacking Robbery in High Seas Espionage CA 616 Rebellion Insurrection Coup d’Etat Sedition Grave threats Grave coercion Rape Acts of Lasciviousness Qualified Seduction Simple Seduction Forcible Abduction Consented Abduction Estafa Robbery Theft