Criminal Law (art 238-365)

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 238. ABANDONMENT OF OFFICE OR POSITION. ELEMENTS: 1. That the offender is a public officer; 2. That he formally resigns from his position; 3. That his resignation has not yet been accepted; and 4. That he abandons his office to the detriment of the public service. ƒ ƒ

There must be formal or written resignation. The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. In this case, the penalty is higher. This involves the following crimes: a. treason b. conspiracy and proposal to commit conspiracy c. misprision of treason d. espionage e. inciting to war or giving motives to reprisals f. violation of neutrality g. correspondence with hostile country h. flight to enemy country i. piracy and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit rebellion l. disloyalty to public officers m. inciting to rebellion n. sedition o. conspiracy to commit sedition p. inciting to sedition

ABANDONMENT OF OFFICE OR POSITION (238) There is actual abandonment through resignation to evade the discharge of duties.

DERELICTION OF DUTY (208) Public officer does not abandon his office but merely fails to prosecute a violation of the law.

ARTICLE 239. USURPATION OF LEGISLATIVE POWERS. ELEMENTS: 1. That the offender is an executive or judicial officer; and

2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof.

ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS. ELEMENTS: 1. That the offender is a judge; and 2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive authorities in the lawful exercise of their powers. ƒ

Legislative officers are not liable for usurpation of executive functions

ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS. ELEMENTS: 1. That the offender is an officer of the executive branch of the government; and 2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. ƒ

A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality.

ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION. ELEMENTS: 1. That the offender is a public officer; 2. That a proceeding is pending before such public officer; 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. That he has been lawfully required to refrain from continuing the proceeding; and 5. That he continues the proceeding.

ARTICLE 243. ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS: 1. That the offender is an executive officer; 2. That he addresses any order or suggestion to any judicial authority; and 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. ƒ

Legislative or judicial officers are not liable under this article.

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ARTICLE 244. UNLAWFUL APPOINTMENTS.

TITLE EIGHT CRIMES AGAINST PERSONS

ELEMENTS: 1. That the offender is a public officer; 2. That he nominates or appoints a person to a public office; 3. That such person lacks the legal qualification therefor; and 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. ƒ ƒ

Recommending, knowing that the person recommended is not qualified, is not a crime. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.

ARTICLE 245. ABUSES AGAINST CHASTITY The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: ELEMENTS: 1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances to a woman; and 3. That such woman must be – a. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or b. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

The mother of the person in the custody of the public officer is not included. To solicit means to propose earnestly and persistently something unchaste and immoral to a woman. The advances must be immoral or indecent. The crime is consummated by mere proposal. Proof of solicitation is not necessary when there is sexual intercourse.

Chapter One –DESTRUCTION OF LIFE

ARTICLE 246. PARRICIDE. ELEMENTS: 1. That a person is killed; 2. That the deceased is killed by the accused; 3. That the deceased is the a. father, mother, or b. child, whether legitimate or illegitimate, or c. legitimate other ascendant or other descendant, or d. legitimate spouse of the accused. ƒ ƒ ƒ

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The relationship of the offender with the victim is the essential element of parricide. Parents and children are not included in the term “ascendants” or “descendants”. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate. The child should not be less than 3 days old. Otherwise, the offense is infanticide. Relationship must be alleged and proved. A stranger who cooperates in committing parricide is liable for murder or homicide. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship.

ARTICLE 247. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES. Page 125 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS: 1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person; 2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; and 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse. ƒ ƒ ƒ ƒ ƒ

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This article does not define or penalize a felony, the penalty is destierro. It is not necessary that the parent be legitimate for the application of this article. This article applies only when the daughter is single. Surprise means to come upon suddenly or unexpectedly. Art. 247 is applicable even when the accused did not see his spouse in the act sexual intercourse with another person. It is enough that circumstances reasonably show that the carnal act is being committed or has been committed. Sexual intercourse does not include preparatory acts. “Immediately thereafter” means that the discovery, escape, pursuit and the killing must all form parts of one continuous act. Immediately thereafter – may be an hour after Æ proximate result of outrage overwhelming accused after chancing upon spouse in basest act of infidelity The killing must be the direct by-product of the rage of the accused. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable for physical injuries. The principle that one is liable for the consequences of his felonious act is not applicable, because his act under Art.247 does not amount to a felony. ARTICLE 248. MURDER

ELEMENTS: 1. That a person was killed; 2. That the accused killed him;

3. That the killing was attended by any of the following qualifying circumstances: a. with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity, b. in consideration of price, reward or promise, c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin, d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity, e. with evident premeditation, or f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse; and 4. The killing is not parricide or infanticide. ƒ ƒ

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The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder. That murder will exist with only one of the circumstances described in Article 248. When more than one of said circumstances are present, the others must be considered as generic aggravating. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances. Treachery and premeditation are inherent in murder with the use of poison.

PEOPLE vs. SANTOS, GR 127492, 1/16/04 A sudden and unexpected attack under circumstances which render the victim unable to defend himself by reason of the suddenness and severity of the attack constitutes alevosia. PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04 Page 126 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Dismemberment of a dead body is one manner of outraging or scoffing at the corpse of the victim.

contemplated upon the mode to insure the killing. The crime committed by appellant is homicide.

PEOPLE vs. MONTAÑEZ, GR 148257, 3/17/04 The barefaced fact that Daniel Sumaylo pleaded guilty to the felony of homicide is not a bar to the appellant being found guilty of murder as a principal. It bears stressing that Sumaylo plea-bargained on his re-arraignment. Even if the public prosecutor and the father of the victim agreed to Sumaylo's plea, the State is not barred from prosecuting the appellant for murder on the basis of its evidence, independently of Sumaylo's plea of guilt.

GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04 No error was committed by the trial court in characterizing the felonious assault as frustrated homicide and convicting appellant therefor. The appellant acted with intent to kill in firing the gun at Miguel. Usually, the intent to kill is shown by the kind of weapon used by the offender and the parts of the victim’s body at which the weapon was aimed, as shown by the wounds inflicted.

ARTICLE 249. HOMICIDE. ELEMENTS: 1. That a person was killed; 2. That the accused killed him without any justifying circumstances; 3. That the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. ƒ

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Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide. There is no crime of frustrated homicide through negligence/imprudence. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim. Penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age Corpus delicti – actual commission of crime charged

PEOPLE vs. DELA CRUZ, G.R. No. 152176, 10/1/03 The qualifying circumstance of treachery was not sufficiently established by the prosecution. The prosecution witness did not see the actual stabbing of the victim. Therefore, there is no way of determining on how the attack was initiated. In the same way that no testimony would prove that the appellant

ARADILLOS vs. COURT OF APPEALS G.R. No. 135619, 1/15/04 An accused may be convicted of slight, less serious or serious physical injuries in a prosecution for homicide or murder, inasmuch as the infliction of physical injuries could lead to any of the latter offenses when carried to its utmost degree despite the fact that an essential requisite of the crime of homicide or murder - intent to kill - is not required in a prosecution for physical injuries.

ARTICLE 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE.

ARTICLE 251. DEATH IN A TUMULTUOUS AFFRAY.. ELEMENTS: 1. That there be several persons; 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner; 4. That someone was killed in the course of the affray; 5. That it cannot be ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified. ƒ ƒ

Tumultuous affray exists when at least 4 persons take part in it. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray. Page 127 of 174

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The person killed need not be a participant in the affray Those who used violence are liable for death caused in a tumultuous affray only if it cannot be determined who inflicted the serious physical injuries on the deceased “Tumultuous” in Article 153 – more than three persons who are armed or provided with means of violence

PERSONS LIABLE: 1. person/s who inflicted serious physical injuries 2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

ARTICLE 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY. ELEMENTS: 1. That there is a tumultuous affray as referred to in the preceding article; 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known.

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ARTICLE 254. DISCHARGE OF FIREARMS. ELEMENTS: 1. That the offender discharges a firearm against or at another person; and 2. That the offender has no intention to kill that person. ƒ

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Persons liable: All those who have used violence on the person of the offended party. Injured party must be a participant of the tumultous affray If the one who caused physical injuries are known, he will be liable for physical injuries actually committed Slight physical injuries not included

A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion. Assistance to suicide is different from mercykilling. Euthanasia or mercy-killing is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder. Penalty is mitigated if suicide is not successful.

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The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article. A discharge towards the house of the victim is not discharge of firearm. Firing a gun at the house of the offended party, not knowing in what part of the house the people were, is only alarm under Art. 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired as long as it was initially aimed at or against the offended party.

ARTICLE 255. INFANTICIDE ARTICLE 253. GIVING ASSISTANCE TO SUICIDE. ACTS PUNISHABLE: 1. Assisting another to commit suicide, whether the suicide is consummated or not. 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself. ƒ

A person who attempts to commit suicide is not criminally liable.

ELEMENTS: 1. That a child was killed; 2. That the deceased child was less than three days (72 hours) of age; and 3. That the accused killed the said child. ƒ

When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is Page 128 of 174

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that for murder. In either case, the proper qualification for the offense is infanticide. When infanticide is committed by the mother or maternal grandmother of the victim in order to conceal the mother’s dishonor, such fact is only mitigating. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to protect. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed.

3. That the violence is intentionally exerted; and 4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom. ƒ ƒ ƒ ƒ ƒ

ARTICLE 256. INTENTIONAL ABORTION ELEMENTS: 1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. 4. That the abortion is intended. ƒ

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A fetus about six months old cannot subsist by itself, outside the maternal womb. Abortion usually means expulsion before 6th month or before term of its viability Viada: Abortion, as long as fetus dies as a result of violence used or drugs administered Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal womb, and (2) it is killed Fetus survives in spite of attempt to kill it or use of violence: a. Abortion intended, all acts of execution performed – frustrated intentional abortion b. Abortion not intended, fetus does not die – physical injuries No frustrated unintentional abortion

ARTICLE 257. UNINTENTIONAL ABORTION. ELEMENTS: 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion;

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Committed only by violence(giving of bitter substance with no intention to cause abortion is not unintentional abortion) Violence must be intentionally exerted Unintentional abortion may be complexed with other crimes such as parricide or homicide Unintentional abortion can also be committed through negligence. (People vs. Jose) The accused can only be held liable if he knew that the woman was pregnant. If there is no intention to cause abortion and neither was violence exerted, Arts. 256 and 257 does not apply.

ARTICLE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS. ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; and 3. That the abortion is caused by – a. the pregnant woman herself b. any other person, with her consent, or c. any of her parents, with her consent for the purpose of concealing her dishonor. ƒ

The liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no mitigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor, unlike in infanticide.

ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES. ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion; and Page 129 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. ƒ

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It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice. RA 4729: regulates the sale, dispensation, and/or distribution of contraceptive drugs and devices It is not unlawful if Sale, dispensation or distribution of contraceptive drug or contraceptive device is by a duly licensed drug store or pharmaceutical company and with prescription of qualified medical practitioner

ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL. ACTS PUNISHED: 1. Killing one’s adversary in a duel. 2. Inflicting upon the adversary serious physical injuries. 3. Making combat although no physical injuries have been inflicted. PERSONS LIABLE: 1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases. 2. Accomplices – as seconds ƒ

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A duel is a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight. If death results, the penalty is the same as that for homicide. The law disregards intent to kill in a duel In case of slight physical injuries inflicted on another, penalty is arresto menor, 3rd paragraph applies only when no physical injuries are inflicted

ARTICLE 261. CHALLENGING TO A DUEL.

ACTS PUNISHABLE: 1. Challenging another to a duel. 2. Inciting another to give or accept a challenge to a duel. 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel. PERSONS LIABLE: 1. Challenger 2. Instigators

Chapter Two – PHYSICAL INJURIES

ARTICLE 262. MUTILATION. KINDS OF MUTILATION: 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction. 2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body. ELEMENTS OF THE FIRST KIND OF MUTILATION: 1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and 2. Purposely and deliberately. ƒ

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In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind. Mayhem refers to any other intentional mutilation. Under R.A. 7610, the penalty for the second type of mutilation shall be one degree higher when the victim is below 12 years old.

ARTICLE 263. SERIOUS PHYSICAL INJURIES. HOW COMMITTED: 1. Wounding; 2. Beating; 3. Assaulting; or 4. Administering injurious substances. Page 130 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ƒ SERIOUS PHYSICAL INJURIES: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person – a. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg, b. loses the use of any such member, or c. becomes incapacitated for the work in which he had been habitually engaged 3. When the injured person – a. becomes deformed, b. loses any other member of his body, c. loses the use thereof, or d. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days). ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

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Serious physical injuries may be committed through reckless imprudence or simple imprudence. There must be no intent to kill. Impotence includes inability to copulate and sterility. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body. Loss of use of hand or incapacity of usual work in paragraph 2 must be permanent. Paragraph 2 refers to principal members of the body. Paragraph 3, on the other hand, covers any other member that is not a principal part of the body. In this respect, a front tooth is considered as a member of the body and not a principal member. Deformity means physical ugliness, permanent and definite abnormality that is not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible. Loss of teeth as deformity will not apply to child or old man.

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The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity. Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature. Loss of both outer ears, loss of the power to hear, and loss of the lobule of the ear constitute deformity. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one, of his body or use of the same. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time. Under paragraph 4, all that is required is illness or incapacity, not medical attendance. In determining incapacity, the injured party must have an avocation or work at the time of the injury. Work includes studies or preparation for a profession. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries. There is no incapacity if the injured party could still engage in his work although less effectively than before. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries.

ARTICLE 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES. ELEMENTS: 1. That the offender inflicted upon another person any serious physical injury; 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 advantage of his weakness of mind or credulity; and 3. He had no intent to kill. ƒ ƒ ƒ

It is frustrated murder when there is intent to kill Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated. Weakness of mind or credulity –witchcraft, philters, magnetism

ARTICLE 265. LESS SERIOUS PHYSICAL INJURIES. ELEMENTS: 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time; and 2. That the physical injuries must not be those described in the preceding articles. CIRCUMSTANCES QUALIFYING THE OFFENSE: 1. when there is manifest intent to insult or offend the injured person 2. when there are circumstances adding ignominy to the offense 3. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers 4. when the victim is a person of rank or person in authority, provided the crime is not direct assault ƒ

This article applies even if there was no incapacity but the medical treatment was for more than 10 days.

ARTICLE 266. SLIGHT PHYSICAL INJURIES AND MALTREATMENT THREE (3) KINDS: 1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period. 2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex. blackeye). 3. Ill-treatment of another by deed w/o causing any injury. (Ex. slapping but w/o causing dishonor)

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When there is no evidence of actual injury Supervening event converting crime into serious physical injuries after filing of information can still be the subject of a new charge

ANTI-HAZING LAW (R. A. NO. 8049)

“HAZING” is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. PERSONS LIABLE: 1. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof; QUALIFYING CIRCUMSTANCES: a. when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; b. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; c. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; d. when the hazing is committed outside of the school or institution; or e. when the victim is below twelve (12) years of age at the time of the hazing. 2. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 for the acts of hazing committed by the perpetrators; 3. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. 4. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. ƒ

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The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the illegal acts. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

RA 9262 ANTI–VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

What is the Battered Woman Syndrome? What is its effect on the criminal liability of the accused? Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04 In order to be classified as a battered woman, the accused and her spouse must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If

it occurs a second time, and she remains in the situation, she is defined as a battered woman.

Chapter Three. RAPE

ARTICLE 266A-266B. RAPE The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as a Crime Against Persons. It incorporated rape into Title 8 of the RPC. ELEMENTS: Rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. through force, threat or intimidation; b. when the offended party is deprived of reason or otherwise unconscious; c. by means of fraudulent machination or grave abuse of authority; or d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting a. his penis into another person’s mouth or anal orifice; or b. any instrument or object, into the genital or anal orifice of another person. Rape committed under paragraph 1 is punishable by: 1. reclusion perpetua 2. reclusion perpetua to DEATH when: a. victim became insane by reason or on the occasion of rape; or b. the rape is attempted and a homicide is committed by reason or on the occasion thereof. 3. DEATH when: a. homicide is committed; b. victim is under 18 years old and offender is: i. parent, ii. ascendant, iii. step-parent, iv. guardian, Page 133 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 v.

c.

d.

e.

f. g.

h.

i. j.

k.

relative by consanguinity or affinity within the 3rd civil degree, vi. common law spouse of victim’s parent; under the custody of the police or military authorities or any law enforcement or penal institution; committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity; victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; a child below 7 years old; offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim; offender is a member of the AFP, or para-military units thereof, or the PNP, or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; the victim suffered permanent physical mutilation or disability; the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and when the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape committed under paragraph 2 is punishable by: 1. prision mayor 2. prision mayor to reclusion temporal when: a. there was use of deadly weapon, or b. when committed by two or more persons. 3. reclusion temporal – when the victim has become insane 4. reclusion temporal to reclusion perpetua – rape is attempted and homicide is committed 5. reclusion perpetua – homicide is committed by reason or on occasion of rape 6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above

Dividing age in rape: 1. less than 7 years old - mandatory death 2. less than 12 years old - statutory rape 3. less than 18 years old and there is relationship (e.g. parent, etc.) - mandatory death Degree of Force necessary: 1. Force sufficient to consummate culprit’s purpose 2. Consider age, size and strength of parties and their relation to each other ƒ ƒ ƒ

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Rape may be committed by employing intimidation(Intimidation Æ Moral kind) When the offender in rape has an ascendancy or influence over the girl, it is not necessary to put up determined resistance Rape may be proved by testimony of woman alone 1. An accusation for rape can be made with facility, is difficult to prove, but more difficult for person accused, though innocent, to disprove 2. Nature Æ only two persons are involved, testimony of complainant must be scrutinized with extreme caution 3. The evidence for prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from weakness of evidence for defense Deprivation of reason contemplated by law need not be complete, mental abnormality or deficiency is sufficient CONSUMMATED RAPE: penetration of labia consummates the crime of rape ATTEMPTED RAPE: intent to have carnal knowledge must be clearly shown Multiple rape by two or more offenders Æ each one is responsible not only for rape personally committed, but also for rape committed by others Rape with homicide is now a special complex crime Rape infecting victim with gonorrhea that caused death is an illustration of rape with homicide Indemnity in Rape: P50,000 mandatory; if circumstances which death penalty is authorized Æ P75,000; Rape with homicide Æ P100,000 Moral damages Æ P50,000, without need of proof Exemplary damages Æ if crime committed with one or more aggravating circumstances

PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 In rape by sexual assault, the word "instrument or object" should be construed to include a human finger. ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04 The definition of the crime of rape has been expanded with the enactment of Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997, to include not only "rape by sexual intercourse" but now likewise "rape by sexual assault." An act of sexual assault under the second paragraph of the article can be committed by any person who, under the circumstances mentioned in the first paragraph of the law, inserts his penis into the mouth or anal orifice, or any instrument or object into the genital or anal orifice, of another person. The law, unlike rape under the first paragraph of Article 266-A of the Code, has not made any distinction on the sex of either the offender or the victim. Neither must the courts make such distinction. PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03 The fact that no laceration and no ruptured hymen were found in this case, does not necessarily negate rape. The fact that the hymen was intact upon examination does not, likewise, belie rape, for a broken hymen is not an essential element of rape, nor does the fact that the victim remained a virgin exclude the crime. PEOPLE vs. NAVARRO, G.R. No. 137597. 10/24/03 Even the slightest contact of the penis with the labia under the circumstances enumerated under Art. 266A of the Revised Penal Code constitutes rape. A flaccid penis can do as much damage as an erect one — at least insofar as the crime of rape is concerned. PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. 6/3/04 An unchaste woman who habitually goes out with different men may be a victim of rape. The victim’s moral character is not among the elements of the crime of rape. It does not negate the existence of rape.

PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01 Rape may be committed anywhere — even in places where people congregate such as parks, along the road side, within school premises, and inside a house

where there are other occupants. The beast in him bears no respect for time and place. PEOPLE vs. OLAYBAR G.R. Nos. 150630-31. 101/03 The trial court has decreed the penalty of death on account of circumstance under Article 266-A, i.e., that when "the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim," the imposition of the extreme penalty of death would be warranted. PEOPLE vs. DE LA TORRE G.R. Nos. 121213 & 121216-23. 1/13/04 An accused may be considered a principal by direct participation, by inducement, or by indispensable cooperation. This is true in a charge of rape against a woman, provided of course a man is charged together with her. Thus, in two cases the Court convicted the woman as a principal by direct participation since it was proven that she held down the complainant in order to help her co-accused spouse consummate the offense. PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04 Absence of resistance does not mean consent. The complainant was only 14 years old when the rape took place. At her age, it could easily be conceived that she feared the appellant and believed his threats, that he would kill her and her family if she reported the incident to anyone. The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. PEOPLE vs. MALONES, G.R. Nos. 124388-90. 3/11/04 The negative findings of spermatozoa on the medicolegal report does not prove that no rape was committed. PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03 Where the girl is below 12 years old, the only subject of inquiry is whether “carnal knowledge” took place. Proof of force, intimidation or consent is unnecessary since none of these is an element of statutory rape. There is a conclusive presumption of absence of free consent of the rape victim is below the age of 12. PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04 Page 135 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 When the original and primordial intention of the appellant in keeping the victim in his apartment was to rape her and not to deprive her of her liberty, the appellant is guilty only of rape under Article 335, paragraph 1 of the Revised Penal Code, and not of the complex crime of serious illegal detention with rape under Article 267, in relation to Articles 335 and 48 of the Code. PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04 Force or intimidation may be actual or constructive. In this case, the victim is a mental retardate. The appellant took advantage of her condition and succeeded in having sexual intercourse with her. Hence, he is guilty of forcible rape. PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04 The qualifying circumstance of minority and relationship does not include god-father relationship PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TITLE NINE CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03 Although the victim my have inceptually consented to go with the offender to a place but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention.

Chapter One. Crimes Against Liberty

Section One. Illegal Detention ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any other manner deprives the liberty; 3. That the act of detention or kidnapping must be illegal; and 4. That in the commission of the offense, any of the following circumstances are present ( detention becomes serious): a. that the kidnapping/detention lasts for more than 3 days, b. that it is committed by simulating public authority, c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer. Death is imposed in the following instances: [death penalty suspended] 1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned circumstances are present in the commission of the offense; and 2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts. PEOPLE vs. OBESO G.R. No. 152285. 10/24/03 It is true that for kidnapping to take place, it is not necessary that the victim be placed in an enclosure; neither is it necessary that the detention be prolonged. However, the essence of kidnapping is the actual deprivation of the victim's liberty coupled with indubitable proof of the intent of the accused to effect such deprivation.

PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03 The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances mentioned in Article 267 were present in the commission of the offense

ILLEGAL DETENTION Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. Crime is against personal liberty and security

ARBITRARY DETENTION Committed by a public officer or employee who detains a person without legal ground Crime against the fundamental law of the State

ARTICLE 268. SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private person; 2. That he kidnaps or detains another or in any other manner deprives the liberty or he furnishes the place for the perpetuation of the detention; 3. That the act of detention or kidnapping must be illegal; 4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267. PRIVILEGED MITIGATING CIRCUMSTANCE: If the offender: 1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention; 2. without having attained the purpose intended; and 3. before the institution of criminal proceedings against him.

ARTICLE 269. UNLAWFUL ARREST Page 137 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS: 1. That the offender arrests or detains another person; 2. That the purpose of the offender is to deliver him to the proper authorities; and 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor.

ELEMENTS: 1. That the offender purchases, sells, kidnaps or detains a human being; and 2. That the purpose of the offender is to enslave such human being. Qualifying circumstance – if the purpose is some immoral traffic (Ex. prostitution). ARTICLE 273. EXPLOITATION OF CHILD LABOR

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Offender is any person. Either a public officer or private individual may be liable. Arrest/ detention refers to warrantless arrests. In Article 125 (Delay in the delivery of detained persons to the proper judicial authorities), the detention is for some legal ground. While in an unlawful arrest, the detention is not authorized by law.

ELEMENTS: 1. That the offender retains a minor in his service; 2. That it is against the will of the minor; and 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor. ƒ

Indebtedness is not a ground for detention

ARTICLE 270. KIDNAPPING AND FAILURE TO RETURN A MINOR ELEMENTS: 1. That the offender is entrusted with the custody of a minor person ; and 2. That he deliberately fails to restore the said minor to his parents.

ARTICLE 271. INDUCING A MINOR TO ABANDON HIS HOME ELEMENTS: 1. That the minor is living in the home of his parents or guardians or the person entrusted with his custody; and 2. That the offender induces a minor to abandon such home. ƒ ƒ ƒ ƒ

Inducement must be actual, committed with criminal intent and determined by a will to cause damage. The minor should not leave his home of his own free will. Mitigated if committed by the father or mother of the victim. The minor need not actually abandon his home or home of guardian. Mere commission of any act which tends to influence, persuade or prevail on a minor to abandon his home is what constitutes a crime.

ARTICLE 272. SLAVERY

ARTICLE 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT ELEMENTS: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer; 2. That it is against the debtor’s will; and 3. That the purpose is to require or enforce the payment of a debt.

Chapter Two. CRIMES AGAINST SECURITY

ARTICLE 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM. ACTS PUNISHABLE: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense; ELEMENTS: a. That place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself. Page 138 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. That the offender is a parent; b. That he neglects his children by not giving them education; and c. That his station in life requires such education and his financial condition permits it.

d. The accused fails to render assistance. 2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured; 3. By failing to deliver a child under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. (may be applied to a lost child) ARTICLE 276. ABANDONING A MINOR. ELEMENTS: 1. That the offender has the custody of a child; 2. That the child is under 7 years of age; 3. That he abandons such child; and 4. That he has no intent to kill the child when the latter is abandoned. ƒ ƒ

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Abandonment must be conscious, deliberate, and permanent. Qualifying circumstances: a. death of the minor; or b. life was in danger because of the abandonment. Parent guilty of abandoning their children shall be deprived of parental authority.

ARTICLE 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS ACTS PUNISHED: 1. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities; ELEMENTS: a. Offender has charge of the rearing or education of a minor; b. He delivers said minor to a public institution or other persons.; and c. That the one who entrusted such child to the offender has not consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. 2. By neglecting his children by not giving them education which their station in life requires and financial condition permits;

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Obligation to educate children terminates if mother and children refuse without good reason to live with accused Failure to give education must be due to deliberate desire to evade such obligation

ARTICLE 278. EXPLOITATION OF MINORS. Acts punished: 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person. 2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling. 3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings. 4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in paragraph 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child. 5. By inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Qualifying Circumstance: If the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise.

ARTICLE 279. ADDITIONAL PENALTIES FOR OTHER OFFENSES

ELEMENTS: Page 139 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Article 280. Trespass to dwelling ELEMENTS: 1. That the offender is a private person; 2. That he enters the dwelling of another; and 3. That such entrance is against the latter’s will. Qualifying circumstance: If the offense is committed by means of violence or intimidation. ƒ There must be an opposition on the part of the owner of the house to the entry of the accused. ƒ Dwelling: any building or structure exclusively devoted for rest and comfort, depends upon use; maybe a room; implied prohibition depending on circumstances ƒ Implied prohibition is present considering the following situation. Ex. Felony was committed late at night and everyone’s asleep or entrance was made through the window. ƒ Prohibition is not necessary when violence or intimidation is employed by the offender. ƒ When there is no overt act of the crime intended to be committed (Ex. theft), the crime is trespass to dwelling. ƒ Trespass may be committed even by the owner of the dwelling against the actual occupant thereof. NOT APPLICABLE TO: ƒ entrance is for the purpose of preventing harm to himself, the occupants or a third person; ƒ purpose is to render some service to humanity or justice; and ƒ place is a café, tavern, etc. while it is open. Medina case: When the accused entered the dwelling through the window, he had no intent to kill any person inside. His intention to kill came to his mind when he was being arrested by the occupants thereof. Hence, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide.

4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

ARTICLE 282. GRAVE THREATS ACTS PUNISHABLE: 1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender attained his purpose. 2. By making such threat without the offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. . ƒ ƒ ƒ ƒ

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Aggravating circumstances: (1) if made in writing, or (2) made through a middleman. The crime is frustrated if the threat was not received by the person being threatened. Threat not made in heat of anger, because such threat would be punished as “Other Light Threats” Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made; it is sufficient that threats came to knowledge of offended party Threats made in connection with the commission of other crimes are absorbed by the latter The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him

ARTICLE 283. LIGHT THREATS. ELEMENTS: 1. That the offender makes a threat to commit a wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other condition is imposed, even though not unlawful.

ARTICLE 281. OTHER FORMS OF TRESPASS

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ELEMENTS: 1. That the offender enters the closed premises or the fenced estate of another; 2. That the entrance is made while either of them is uninhabited; 3. That the prohibition to enter be manifest; and

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In light threats, the wrong threatened does not amount to a crime. Requires that there be a demand of money or that other condition be imposed Blackmailing may be punished under this provision

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 284. BOND FOR GOOD BEHAVIOR ƒ

The person making the threats under the 2 preceding articles (grave and light threats) may also be required by the court to give bail conditioned upon the promise not to molest the person threatened.

ARTICLE 285. OTHER LIGHT THREATS ACTS PUNISHABLE: 1. By threatening another with a weapon, or by drawing a weapon in a quarrel, unless it be in lawful self-defense. 2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat. 3. By orally threatening another with harm not constituting a felony. ƒ ƒ

No demand for money or condition involved Threat is not deliberate ARTICLE 286. GRAVE COERCIONS

ELEMENTS: 1. That a person… a. prevented another from doing something not prohibited by law or b. compel him to do something against his will, be it right or wrong 2. Violence, threats or intimidation, either material force or such display of force as would produce intimidation and control of the will. 3. Without authority of law Aggravating circumstances: 1. Violation of the exercise of the right of suffrage 2. Compelling another to perform a religious act or 3. preventing another from exercising such right or from doing such act (as amended by RA. 7890) ƒ

The thing prevented from execution must not be prohibited by law. Otherwise, there will be no coercion.

ARTICLE 287. LIGHT COERCIONS ELEMENTS of par. 1: 1. That the offender must be a creditor; 2. That he seizes anything belonging to his debtor;

3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; and 4. That the purpose of the offender is to apply the same to the payment of the debt. Par. 2 ƒ Any other coercion or unjust vexation ƒ

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Paragraph 2 of Art. 287 covers unjust vexation. It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. Light coercion under the 1st paragraph of this article will only be unjust vexation if the 3rd element (employing violence or intimidation) is absent.

ARTICLE 288. OTHER SIMILAR COERCIONS – (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS) ACTS PUNISHED: 1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. ELEMENTS OF NO. 1: 1. That the offender is any person , agent or officer of any association or corporation. 2. That he or such firm or corporation has employed laborers or employees 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation. ELEMENTS OF NO. 2: 1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects 2. That those tokens or objects are other than the legal tender currency of the Philippines.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

2. That he learns the secrets of his principal or master in such capacity; and 3. That he reveals such secrets.

ARTICLE 289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS

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ELEMENTS: 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; and 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees. 3. If the act shall not constitute a more serious offense. Chapter Three. DISCOVERY AND REVELATION OF SECRETS

ARTICLE 292. REVELATION OF INDUSTRIAL SECRETS ELEMENTS: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment; 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned; 3. That the offender reveals such secrets; and 4. That prejudice is caused to the owner. ƒ

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This article is not applicable to parents with respect to their minor children or to spouses with respect to the papers or letters of either of them. Contents of the correspondence need not be secret. The purpose of the offender prevails. Qualifying circumstance: When the offender reveals the contents of such papers or letters to a 3rd person. This article does not require that the offended party be prejudiced.

ARTICLE 291. REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or servant;

Prejudice is an essential element of this offense

TITLE TEN CRIMES AGAINST PROPERTY

ARTICLE 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE ELEMENTS: 1. That the offender is a private individual or even a public officer not in the exercise of his official function; 2. That he seizes the papers or letters of another; 3. That the purpose is to discover the secrets of such another person; and 4. That offender is informed of the contents or the papers or letters seized.

Damage is not required by this article.

Chapter One. ROBBERY IN GENERAL

ARTICLE 293. WHO ARE GUILTY OF ROBBERY ELEMENTS of robbery IN GENERAL: 1. That there be personal property belonging to another (bienes muebles) 2. That there is unlawful taking of that property (apoderamiento or asportacion 3. That the taking must be with intent to gain; (animus lucrandi) 4. That there is violence against or intimidation of any person, or force upon anything. ƒ ƒ

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Person from whom property was taken need not be the owner. Legal possession is sufficient. General rule: The identity of the real owner is not essential so long as the personal property taken does not belong to the accused. Exception: If the crime is robbery with homicide The taking of personal property must be unlawful in order to constitute robbery. If the property is in the possession of the offender because it was given to him in trust by the owner, the crime is estafa. Page 142 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ƒ ƒ

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If taking was lawful, then misappropriated after possessionÆ crime may be malversation, (estafa) As to robbery w/ violence or intimidation, from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete. As to robbery w/ force upon things, thing must be taken out of the building in order to consummate robbery. Intent to gain is presumed from unlawful taking of personal property. The unlawful taking must not be under the claim of title or ownership. When there is no intent to gain but there is violence in the taking, the crime is grave coercion. The violence or intimidation must be committed against the person of the offended party, not upon the thing taken. General rule: Violence or intimidation must be present before the “taking” is complete. Exception: When violence results in homicide, rape, intentional mutilation or any of the serious physical injuries in paragraphs 1 and 2 of Art. 263 (Serious Physical injuries), the taking of the property is robbery complexed w/ any of these crimes under Art. 294, even if the taking is already complete when violence was used by the offender. Use of force upon things is entrance to the building by means described in Arts. 299 and 302. When both violence or intimidation and force upon things concur in committing the crime, it is robbery w/ violence against persons. If not personal property but real property or rights Æ crime may be usurpation Theft, not robbery, where accused cut with bolo the strings tying opening of a sack and then took the palay RA 6539 is applicable when property taken in robbery is a motor vehicle (Carnapping: taking with intent to gain of motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons or by using force upon things; Unqualified -14years and 8 months to 17 years and 4 months; violence/force upon things -17 years and 4 months to 30 years; occupant killed or raped – reclusion perpetua to death) ROBBERY W/ VIOLENCE

GRAVE THREATS

GRAVE COERCION

Intent to gain

No intent to gain

Immediate harm

Intimidation; promises some future harm or injury

ROBBERY X didn’t commit crime but is intimidated to deprive him of his property Deprived of money thru force or intimidation

No intent to gain Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)

BRIBERY X has committed a crime and gives money as way to avoid arrest or prosecution Giving of money is in a sense voluntary

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Transaction is voluntary and mutual Ex. Accused demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03 For the appellant to be guilty of consummated robbery, there must be incontrovertible proof that property was taken from the victim. The appellant is guilty of attempted robbery only when he commences the commission of robbery directly by overt acts and does not perform all the acts of execution which would produce robbery by reason of some causes or accident other than his own spontaneous desistance. ARTICLE 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS: 1. When by reason or on occasion of the robbery, homicide is committed; 2. When the robbery is accompanied w/ rape or intentional mutilation or arson; 3. When by reason or on occasion of robbery, any of the physical injuries resulting in insanity, imbecility, impotency, or blindness is inflicted; 4. When by reason of or on occasion of the robbery, serious physical injuries resulting in the loss of the use of speech, or the power to hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the loss of the use of any such member

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 or incapacity for work in w/c victim is habitually engaged is inflicted; 5. If the violence / intimidation employed in committing the robbery shall have been carried to a degree clearly unnecessary for the crime; 6. When in the course of its execution, offender inflicts upon any person not responsible for the commission of robbery any of the physical injuries resulting to deformity, loss of any part of the body or the use thereof, or illness or incapacity for the performance of the work for > 90 days or > 30 days; 7. If the violence employed does not cause any serious physical injuries defined in Art. 263, or if offender employs intimidation only. SPECIAL COMPLEX CRIMES WITH SPECIFIC PENALTIES PRESCRIBED: 1. Robbery with homicide is committed if original design is robbery and homicide was committed although homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought, offender committed 2 separate offenses of robbery and homicide. The crime is still robbery with homicide if the person killed was an innocent bystander and not the person robbed and even if the death supervened by mere accident. 2. In robbery with rape, the intent to commit robbery must precede rape. Prosecution of the crime need not be by the offended party and the fiscal can sign the information. When rape and homicide co-exist in a robbery, rape should be considered as aggravating only and the crime is still robbery with homicide. 3. Robbery with intimidation is committed when the acts done by the accused, by their own nature or by reason of the circumstances, inspire fear in the person against whom the acts are directed. PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04 As correctly stressed by the Solicitor General, robbery with homicide is a “special complex crime.” It is enough that in order to sustain a conviction for this crime, the killing, which is designated as “homicide,” has a direct relation to the robbery, regardless of whether the latter takes place before or after the killing. For as long as the killing occurs during or because of the heist, even if the killing is merely accidental, robbery with homicide is committed.

Well entrenched in this jurisprudence is the doctrine that when homicide takes place as a consequence or on occasion a robbery, all those who took part in the robbery are guilty as principals in the special complex crime of robbery with homicide, even if they did not actually took part in the homicide. The only exception is when it is clearly shown that the accused endeavored to prevent the unlawful killing. PEOPLE vs. HIJADA, G.R. No. 123696. 311/04 There is no crime of Robbery with Multiple Homicide under the Revised Penal Code. The crime is Robbery with Homicide notwithstanding the number of homicides committed on the occasion of the robbery and even if murder, physical injuries and rape were also committed on the same occasion.

ARTICLE 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON THE STREET, ROAD, OR ALLEY QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE OR INTIMIDATION OF PERSONS: If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed 1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or 5. on a street, road, highway or alley and the intimidation is made with the use of firearms. ƒ ƒ ƒ

The qualifying circumstances of robbery with violence or intimidation must be alleged in the information and proved during the trial. Being qualifying circumstances, they cannot be offset by generic mitigating circumstances. This article will not apply to the special complex crimes of robbery w/ homicide, w/ rape, or w/ serious physical injuries under paragraph 1 of Art. 263.

ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS THEREOF.

PEOPLE vs. BOLINGET, G.R. Nos. 137949-52. 12/11/03 Page 144 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. Requisites for liability for the acts of the other members of the band: 1. That the accused was a member of the band; 2. That he was present at the commission of a robbery by that band; 3. That the other members of the band committed an assault; and 4. That he did not attempt to prevent the assault. ƒ Conspiracy is presumed when 4 or more armed persons committed robbery. ƒ In robbery committed by a band, all are liable for any assault committed by the band, unless the others attempted to prevent the assault.

ELEMENTS of robbery with force upon things under subdivision (a): 1. That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship; 2. That the entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress, b. By breaking any wall, roof, or floor or breaking any door or window, c. By using false keys, picklocks or similar tools, or d. By using any fictitious name or pretending the exercise of public authority; and 3. That once inside the building, the offender took personal property belonging to another with intent to gain. ƒ

ARTICLE 297. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE ƒ ƒ

Same penalty, whether robbery is attempted or frustrated, as long is homicide is committed by reason or on occasion thereof. Where the offense is attempted or frustrated robbery with serious physical injuries, Art. 48 (complex crimes) is applicable.

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ARTICLE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another; 2. That the offender compels him to sign, execute, or deliver any public instrument or document; and 3. That the compulsion is by means of violence or intimidation. ƒ ƒ

This article is not applicable if the document is void. Applies even if document signed, executed or delivered is a private or commercial document.

ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP.

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Inhabited house is any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent therefrom when robbery is committed. It includes dependencies, courts, corals, barns, etc. It does not include orchards and lands for cultivation. In robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. When there was no entry, no robbery was committed. Whole body must be inside the house, public building or place devoted to worship to constitute entering. In entering the building, the offender must have an intention to take personal property (People vs. Tayag). Public building includes every building owned, rented or used by the government although owned by private persons or temporarily vacant. Passing through an open door but getting out of a window is not robbery but theft. To constitute robbery, the outside door must be broken or smashed. If the lock was merely removed or door was merely pushed, crime is only theft. False keys are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock w/c was forcibly opened by the offender. Picklocks are those specially adopted for commission of the robbery. The key must have been stolen not by force. Otherwise, it’s robbery by violence and intimidation against persons.

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False key must have been used in opening house and not any furniture inside. Otherwise, the crime is only theft. General Rule: If false key/picklock was used to open an inside door (Ex. door of a room) and offender took personal property, the crime is only theft. Exception: If the room is a separate dwelling place, crime is robbery. The use of fictitious name or the act of pretending to exercise authority must be committed for the purpose of entering the building.

ELEMENTS of robbery with force upon things under subdivision (b): 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; and 2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances: a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. ƒ ƒ ƒ ƒ

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It is not necessary that entrance was made through any of the means mentioned in subdivision (a). Offender may be servants or guests. Destruction of keyhole of cabinet is robbery under this subsection. When sealed box is taken out for the purpose of breaking it, crime is already consummated robbery. There is no need to actually open it inside the building from where it was taken. But if the box was confided into the custody of accused and he takes the money contained therein, the crime is estafa. The crime is theft if the box was found outside of the building and the accused forced it open.

Mitigating circumstance: 1. Offenders do not carry arms and the value of the property taken exceeds 250 pesos. 2. Offenders are armed, but the value does not exceed 250 pesos. 3. Offenders do not carry arms and the value does not exceed 250 pesos Æ penalty of a) or b) in minimum period. 4. Committed in dependencies

ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND. ƒ

Robbery in an inhabited house, public building or edifice devoted to religious worship is qualified when committed by a band and in an uninhabited place.

ARTICLE 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES ƒ

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Dependencies of an inhabited house, public building or building dedicated to religious worship are all interior courts, corrals, warehouses, granaries or enclosed places: 1. contiguous to the building, having an interior entrance connected therewith, and 2. forming part of the whole. A garage, in order to be considered as a dependency of a house, must have the 3 foregoing requirements.

ARTICLE 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING. ELEMENTS: 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship; 2. That any of the following circumstances was present: a. That entrance was effected through an opening not intended for entrance or egress, b. A wall, roof, floor, or outside door or window was broken, c. The entrance was effected through the use of false keys, picklocks or other similar tools, d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere; and 3. That with intent to gain, the offender took therefrom personal property belonging to another. ƒ

This article covers the second kind of robbery with force upon things. Page 146 of 174

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Uninhabited place under this article is an uninhabited building w/c is not a dwelling house, public building, or edifice for worship. Ex. warehouse, freight car, store. Robbery under this article is committed in the same manner as in Art. 299 (Robbery in inhabited house, public building, and edifice devoted to religious worship) except that what was entered into was an uninhabited place or a bldg. other than the 3 mentioned in Art. 299. The use of fictitious name or pretending the exercise of public authority is not also included in this article. The breaking of padlock but not of the door is only theft.

ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING ƒ

When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits, or firewood, the penalty is one degree lower.

ARTICLE 304. ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS: 1. That the offender has in his possession picklocks or similar tools; 2. That such picklocks or similar tools are specially adopted to the commission of robbery; and 3. That the offender does not have lawful cause for such possession. ƒ

Actual use of the picklocks or similar tools is not necessary.

ARTICLE 305. FALSE KEYS. FALSE KEYS include: 1. picklocks or similar tools, 2. genuine keys stolen from the owner; and 3. any key other than those intended by owner for use in the lock forcibly opened by the offender. ƒ Possession of false keys in paragraphs (b) and (c) above is not punishable. ƒ If the key was entrusted to the offender and he used it to steal, crime is not robbery but theft.

Chapter Two. BRIGANDAGE

ARTICLE 306. WHO ARE BRIGANDAGS; PENALTY. There is brigandage when – 1. at least four armed persons, 2. band of robbers, and 3. their purpose is any of the ff: a. Robbery in the highway b. Kidnapping for extortion or ransom c. Any other purpose to be obtained by means of force and violence. ƒ All the members of the band are presumed brigands if any of them carries an unlicensed firearm.

BRIGANDAGE Purposes are as enumerated in Art. 306 Mere formation of a band for the above purpose

ROBBERY IN BAND Only to commit robbery, not necessarily in hi-way If the purpose is to commit a particular robbery, it is necessary to prove that band actually committed robbery

ARTICLE 307. AIDING AND ABETTING A BAND OF BRIGANDS ELEMENTS: 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; and 3. That the offender does any of the following acts: a. he in any manner aids, abets or protects such band of brigands, or b. he gives them information of the movements of the police or other peace officers of the Government, or c. he acquires or receives the property taken by such brigands.

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P. D. No. 532 defines brigandage as the seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; or (c) the taking away of property by violence or intimidation or force upon things or other unlawful means, committed by any person on any Philippine highway.

The Anti-Carnapping Act defines carnapping as the 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 using force upon things. This law also penalizes the defacing or tampering with the original serial number of motor vehicle engines, engine blocks, and chassis.

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Chapter Three. THEFT

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ƒ ARTICLE 308. THEFT ELEMENTS: 1. That there be taking of personal property; 2. That said property belongs to another; 3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; and 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. ƒ

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“Taking”: if bulky, must be taken away(when place surrounded by fence or wall), otherwise, the moment he had full possession of thing, asportation is complete; does not need a character of permanency Intent to Gain – taking must be accompanied by intention, at the time of taking, of withholding the thing with character of permanency; presumed from unlawful taking of personal property of another Gain desired by the offender may not only be money. It may include satisfaction, use, pleasure or any benefit; includes satisfaction of taking revenge It is not required that the offender realized actual gain in committing theft. It is sufficient that

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he took personal property of another with intent to gain. Trust, Commission, Administration: Juridical possession of thing transferred to another If only custody of object (i.e. only material possession) was given to the accused and it is actually taken by him with no intent to return, the crime is theft. But if juridical possession is transferred (Ex., by a contract of bailment) is given to the accused and he takes the property with intent to gain, the crime is estafa. Personal property: includes electricity and gas, promissory note and check. Ex. the inspector misreads the meter to profit thereby, or one using a jumper Consent: freely given and not merely lack of objection Allegation in the information of the lack of the owner’s consent is important. Finder: may be a finder in law Theft is consummated when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once (although there is actually no opportunity to dispose). Servant using his employer’s car without permission is guilty of qualified theft although his use thereof was only temporary. However, Reyes says that there must be some character of permanency in depriving owner of the use of the object and making himself the owner. Therefore, “joyride” must be deemed as qualified theft. An employee taking his salary before it is actually delivered to him is guilty of theft. If the offender, in good faith, claims property as his own, no theft is committed although his claim of ownership is later found to be untrue. However, if his claim is in bad faith, he is guilty of theft.

PERSONS LIABLE FOR THEFT: 1. Those who: a. with intent to gain, b. but w/o violence against or intimidation of persons nor force upon things c. take d. personal property e. of another f. w/o the latter’s consent. 2. Those who: a. having found lost property, b. fail to deliver the same to the local authorities or its owner.

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Retention of money/property found is theft. What is punished is retention or failure to return with intent to gain. The offender’s knowledge of the identity of the owner of the property is not required. His knowledge that the property is lost is enough. The finder of the lost property is liable for his deliberate failure to return the lost property, he knowing that the property does not belong to him. 3. Those who: a. after having maliciously damaged the property of another, b. remove or make use of the fruits or object of the damage caused by them. Killing the cattle of another which destroyed his(offender’s) property and getting meat for himself is theft. 4. Those who hunting, fishing or gathering fruits, etc. in enclosed estate

2. Extracting or removing the gold from such ores or rocks and treat such ores and rocks to recover and extract the gold therefrom without the consent of the operator of the mining claim. HIGHGRADING – selling P.D. NO. 401 PUNISHES THE USE OF TAMPERED WATER OR ELECTRICAL METERS TO STEAL WATER OR ELECTRICITY. ACTS PUNISHABLE: 1. unauthorized installation of water, electrical or telephone connections, 2. the use of tampered water or electrical meters to steal water or electricity, 3. the stealing or pilfering of water and/or electrical meters, electric and/or telephone wires, and 4. knowingly possessing stolen or pilfered water and/or electrical meters, and stolen or pilfered electric and/or phone wires.

ELEMENTS(Par. 3 of Art 308): 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2. That the offender enters the same; 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field; and 4. That the hunting or fishing or gathering of products is without the consent of the owner.

WAYS OF COMMITTING THEFT OF ELECTRICITY (OTHER THAN BY ILLEGAL INSTALLATIONS): 1. turning back the dials of the electric meter, 2. fixing the electric meter so it will not register the actual electric consumption, 3. under-reading of electric consumption, and 4. tightening screw of rotary blades to slow down their rotation.

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The fishing in this article is not in the fishpond or fishery. If the fish is taken from a fishpond or a fishery, the crime is qualified theft.

P.D. NO. 534 PUNISHES ILLEGAL FISHING COMMITTED BY– 1. Any person to catch, take or gather or cause to be caught, taken or gathered fish in Philippine waters with the use of explosives, obnoxious or poisonous substances or by the use of electricity; and 2. Any person who knowingly possesses, deals in, sells or in any manner disposes of, for profit, any fish, fishery/aquatic products w/c have been illegally caught. P.D. NO. 581 PUNISHES “HIGHGRADING” OR THEFT OF GOLD COMMITTED BY – 1. Taking gold-bearing ores from a mining claim or mining camp, or removing, collecting or gathering gold-bearing ores or rocks in place;

ARTICLE 309. PENALTIES FOR THEFT The basis of the penalty in theft is: (1) the value of the thing stolen, and in some cases, (2) the value and also the nature of the property taken, or (3) the circumstances or causes that impelled the culprit to commit the crime.

ARTICLE 310. QUALIFIED THEFT Theft is qualified if 1. It is committed by a domestic servant, or 2. Committed with grave abuse of confidence, or 3. The property stolen is a: a. motor vehicle, b. mail matter, c. large cattle, d. coconut from the premises of a plantation, e. fish from a fishpond or fishery, or Page 149 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Committed on the occasion of calamities, vehicular accident and civil disturbance. ƒ

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“Grave abuse of confidence” necessitates a high degree of confidence b/w the offender and the offended party. (Ex. guests). Hence, when there is no confidence b/w the parties, the crime is not qualified theft. Theft is qualified if it is committed by one who has access to the place where stolen property is kept. (Ex. security guards, tellers) Novation theory (i.e. the victim’s acceptance of payment converted the offender’s liability to a civil obligation) applies only if there is a contractual relationship b/w the accused and the complainant. When the accused treated the deed of sale as sham and he had intent to gain, his absconding with the object of the sale is qualified theft. When a PUV in “boundary” system entrusted to the offender is sold to another, the crime is theft. On the other hand, if the motor vehicle is not used for public utility in “boundary” system but under contract of lease, the crime is estafa.

ELEMENTS of fencing: 1. The crime of robbery or theft has been committed; 2. The accused, who is not a principal or an accomplice in the crime of robbery/theft, in any manner deals in any property which has been derived from the proceeds of the said crime; 3. The accused knows or should have known that the said property has been derived from theft/robbery; and 4. The accused has intent to gain. ƒ Possession of stolen goods is prima facie evidence of guilt ƒ For those engaged in sale of used secondhand articles – requires clearance and permit to sell

ARTICLE 311. THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM

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Theft of property on National Library and Museum has a fixed penalty regardless of its value.

ANTI-CATTLE RUSTLING LAW Chapter Four. USURPATION ƒ

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CATTLE RUSTLING is the taking away by any means, method or, scheme, without the consent of the owner, of animals classified as large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat/hide without the consent of the owner. Large cattle includes cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. Qualifying circumstances: 1. Cattle-rustling is committed with violence against or intimidation of persons or force upon things; and 2. A person is seriously injured or killed as a result or on occasion of cattle-rustling.

P.D. 330 punishes timber smuggling from, and illegal cutting of logs in, public forests and forest reserves as qualified theft.

ANTI-FENCING LAW

ARTICLE 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ELEMENTS: 1. That the offender takes possession of any real property or usurps any real rights in property; 2. That the real property or real rights belong to another; 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property; and 4. That there is intent to gain.

Article 313. Altering boundaries or landmarks.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS: 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same; and 2. That the offender alters said boundary marks.

Chapter Five. CULPABLE INSOLVENCY

ARTICLE 314. FRAUDULENT INSOLVENCY ELEMENTS: 1. Offender is a debtor; that is, he has obligations due and payable; 2. Absconds with his property; and 3. Prejudice to his creditors. ƒ

Actual prejudice to the creditors is required.

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ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender. ƒ ƒ

Chapter Six. SWINDLING AND OTHER DECEITS

ƒ ARTICLE 315. ESTAFA (SWINDLING).

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ELEMENTS OF ESTAFA IN GENERAL: 1. Defrauded another (a) by abuse of confidence, or (b) or means of deceit; and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: 1. Offender has an onerous obligation to deliver something of value; 2. That he alters its substance, quantity, or quality; and 3. That damage or prejudice is caused to another. ƒ

Committed by altering the substance, quantity, or quality of the things to be delivered

There must be an existing obligation of the offender to deliver even if the property to be delivered is not a subject of lawful commerce. When thing delivered has not been fully or partially paid for, there is no estafa. When there was no agreement as to quality and delivery was unsatisfactory, there is no estafa.

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The thing must have been received by offender under transactions transferring juridical possession only and not ownership. Under PD 115 (Trust Receipts Law), the failure to turn over to the bank the proceeds of the sale of the goods covered by the trust receipt constitutes estafa. The same thing received must be returned. Otherwise, estafa is committed. The sale on credit by the agent when it should be sold for cash is estafa. Estafa, being a public offense, is not affected by novation of contract. But novation, if it takes place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors, relieves offender from incipient criminal liability. Misappropriating means taking something for one’s own benefit. Converting is the act of using or disposing of another’s property as if it was one’s own. It may also mean the devotion of a thing for a purpose or use different from that agreed upon. Prejudice to another is necessary. However, it is not necessary that offender should obtain gain. General Rule: Between partners, there is no estafa of money or property received for the partnership when the business is commercial and profits accrued. Page 151 of 174

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Exception: If property is received by a partner for a specific purpose and is misappropriated, estafa is committed. Failure to account after demand is a circumstantial evidence of misappropriation. Demand is not a condition precedent to the existence of estafa when the misappropriation may be established by other proof. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the thing to him. If owner does not expect immediate return, crime is estafa. A servant, domestic, or employee who misappropriates a thing he received from his master is guilty of qualified theft, not estafa. When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa.

Estafa with Abuse of Confidence Offenders are entrusted with funds or property & is a continuing offense Funds: always private Offender: private individual, or public officer not accountable for public funds Committed by misappropriating, converting, denying having received money

Malversation Offenders are entrusted with funds or property & is a continuing offense Funds: public funds or property Offender: public officer accountable for public funds Committed by appropriating, taking, misappropriating

transaction when in fact he did not so participate.

ELEMENTS OF ESTAFA BY MEANS OF DECEIT: 1. That there must be a false pretense, fraudulent act or fraudulent means. 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud; 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; and 4. That as a result thereof, the offended party suffered damage. ƒ

ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: 1. That the offender postdated a check, or issued a check in payment of an obligation; and 2. That such postdating or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. ƒ ƒ

ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: 1. That the paper with the signature of the offended party be in blank; 2. That the offended party should have delivered it to offender; 3. That above the signature of the offended party a document is written by the offender without authority to do so; and 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person. ƒ

If the paper with signature in blank was stolen, the crime is falsification if the offender made it appear that the victim participated in a

There must be evidence that the pretense of the accused that he possesses power/influence is false.

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Good faith is a defense in a charge of estafa by postdating or issuing a check. The drawer’s failure to deposit the amount necessary to cover the issued check within 3 days from notice of dishonor is prima facie evidence of deceit. If the check was issued in payment of preexisting debt, there is no estafa. Offender must be able to obtain something from the offended party by means of the check he issues and delivers. If postdating a check issued as mere guarantee/promissory note, there is no estafa.

B.P. 22 (BOUNCING CHECKS LAW)

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS of offense defined in the 1st PAR. of Sec.1 of BP 22: 1. That a person makes or draws and issues any check; 2. That the check is made or drawn and issued to apply on account or for value; 3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; 4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment. ELEMENTS of offense defined in the 2nd PAR of Se.c.1 of BP 22: 1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check; 2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon; and 3. That the check is dishonored by the drawee bank. Evidence of knowledge of insufficiency of funds: 1. Making, drawing and issuance of check which is refused 2. Prima facie evidence of knowledge of insufficiency of funds; Requisites: a. Check presented within 90 days, b. Dishonored, and c. c. Failure to make good the check within 5 banking days after receiving written notice of dishonor ƒ

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The presumption of knowledge can exist only after it is proved that the issuer had received the notice of dishonor. The prosecution must prove receipt, i.e. registered mail, or authenticated signature on registry return receipt. The registry receipt alone is insufficient. Testimony or affidavit of person mailing the letter is required. (Ting vs. CA, 2000) Verbal notice of dishonor is insufficient. Must be written. (Domagsang vs. CA, 2000) What the law prohibits is issuance. The purpose or conditions of issuance is immaterial. Issuance is malum prohibitum. That the check was issued as a guarantee is immaterial, unless the

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check was not issued for account or value. (Wong vs. CA, 2001) BP22 does not state that the issuer must maintain funds for only 90 days. That the check must be deposited within 90 days is merely one of the conditions for the presumption of knowledge of insufficiency. It is not an element of the offense. Where presentment was after 90 days, only the presumption was lost. Knowledge could still be proven by evidence. By current banking practice, the check must be presented within 180 days. Afterwards it becomes stale. Presentment after 180 days is then a defense. (Wong vs. CA) Payee’s knowledge of insufficiency of funds is immaterial, because deceit is not an element of BP22. The exception is when there was no intention to apply said checks for account or for vale. (Young vs. CA, 2005) Responsibility under BP22 is personal to the accused. Hence, the notice must also be personal. Thus, if the issuer is a corp. officer, notice to the corp. is not notice to the officer. (Marigomen vs. People, 2005)

Notes on SC Admin. Circular 12-2000: 1. The circular provides that in a BP22 conviction, the judge, in his discretion, may impose fine alone, without imprisonment. 2. The fine should be not less than but nor more than double the amount of the dishonored checks. 3. The circular is not a penal law, hence there is no retroactivity in favor of the accused. The circular applies only to cases pending at its effectivity. (Joya vs. Galvez, 2003) 4. The circular merely lays down a rule of preference. It does not amend BP22. It merely urges the courts to take into account not only the purpose of the law but also the circumstances of the accused—whether he acted in good faith or on clear mistake of faith without taint of negligence. Thus, imprisonment may still be imposed. (Joya vs. Galvez, 2003) ƒ Absence of the notice merely prevents the presumption of knowledge of insufficiency. The prosecution must then prove knowledge with evidence. Thus, the notice is NOT a prerequisite for a BP22 prosecution. (Young vs. CA, 2005)

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ArtICLE 315. par. 2 (d) Postdating a check Q: MM issued to CC a check as payment for a car MM previously bought from CC. When the check was presented for payment, the same was dishonored for insufficiency of funds. CC filed a case of estafa under Art. 315 par. 2 (d) against MM. Will the action prosper? A: NO. To constitute estafa under this provision, the act of postdating or issuing a check in payment of an obligation must be the efficient cause of defraudation, and as such it should be either prior to or simultaneous with the act of fraud. The offender must be able to obtain money or property from the offended party because of the issuance of a check whether postdated or not. That is, the latter would not have parted with his money or other property were it not for the issuance of the check. An acquittal or conviction of the drawer under the Revised Penal Code is not a bar to his prosecution or conviction under BP 22, because the latter law requires the additional fact of the drawer’s knowledge of lack of insufficiency of funds. BOUNCING CHECKS LAW (B.P. 22) Q: If a check is presented for payment 90 days after date of issue, is the drawer thereof absolved from criminal liability for B.P. 22? A: NO, only the presumption of knowledge of insufficiency of funds was lost, but such knowledge could still be proven by direct or circumstantial evidence. The law does not require a maker to maintain funds in his bank account for only 90 days. It is not an element of the offense. That the check must be deposited within ninety (90) days is simply one of the conditions for the prima facie presumption of knowledge of lack of funds to arise. Neither does it discharge petitioner from his duty to maintain sufficient funds in the account within a reasonable time thereof. If the reason for the dishonor of the check was that it was “drawn against uncollected deposit” and not “drawn against insufficient funds”, a prosecution under B.P. 22 will still prosper because just the same, said drawer has no sufficient funds in his account to cover the amount of the check at the time of its presentment. An accommodation party is liable for BP 22 because what is penalized therein is the mere issuance of a bouncing check. He is liable for the even if she was not involved in the transaction for which the check was issued. A foreign check is covered by BP 22 provided it is

either drawn or issued in the Philippines though payable outside thereof. ESTAFA BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC. 3 ways of committing estafa under this provision: 1. By obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging or apartment house without paying therefor, with intent to defraud the proprietor or manager thereof; 2. By obtaining credit at any of the said establishments by the use of any false pretense; and 3. By abandoning or surreptitiously removing any part of his baggage from any of the said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefor. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT: 1. That the offender induced the offended party to sign a document; 2. That deceit be employed to make him sign the document; 3. That the offended party personally signed the document; and 4. That prejudice be caused. ƒ

If offended party willingly signed the document but there was deceit as to the character or contents of the document, the crime is falsification. But where the accused made representations to mislead the complainant as to the character of the document, the crime is estafa.

ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: 1. That there be court records, office files, documents or any other papers; 2. That the offender removed, concealed or destroyed any of them; and 3. That the offender had intent to defraud another. ƒ ƒ

If there is no intent to defraud, destroying or removing said papers is malicious mischief. Damage or prejudice as the 2nd element of any form of estafa may consist in: 1. The offender party being deprived of his money or property, as a result of the defraudation; 2. Disturbance in property rights; or 3. Temporary prejudice. Page 154 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ILLEGAL RECRUITMENT Under the Migrant Workers Act R.A. No. 8042

Illegal Recruitment - Any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority. Any such non-licensee or non-holder of authority who, for a fee, offers and promises employment abroad to two or more persons shall be deemed so engaged in illegal recruitment. Economic Sabotage: ƒ Illegal recruitment by syndicate - committed by a group of three (3) or more persons conspiring or confederating with one another. ƒ Large Scale Illegal Recruitment – committed against three (3) or more persons. Penalty for Illegal Recruitment involving economic sabotage is punishable by life imprisonment and fine of P500,000 to P1,000,000.

ARTICLE 316. OTHER FORMS OF SWINDLING.

OTHER FORMS OF SWINDLING: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before

being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. ELEMENTS OF SWINDLING BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: 1. That the thing be immovable, such as a parcel of land or a building; 2. That the offender, who is not the owner of said property, represented that he is the owner thereof; 3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property). 4. That the act be made to the prejudice of the owner or a third person.

ESTAFA

Private individual was entrusted Intent to defraud

INFIDELITY IN THE CUSTODY OF DOCUMENTS Public officer entrusted No intent to defraud

ELEMENTS of SWINDLING BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: 1. That the thing disposed of be real property; 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance; and 4. That the act of disposing of the real property be made to the damage of another. ELEMENTS of SWINDLING BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: 1. That the offender is the owner of personal property; 2. That said personal property is in the lawful possession of another; 3. That the offender wrongfully takes it from its lawful possessor; and 4. That prejudice is thereby caused to the possessor or third person. Page 155 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELEMENTS of SWINDLING BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY: 1. That the offender is a surety in a bond given in a criminal or civil action; 2. That he guaranteed the fulfillment of such obligation with his real property or properties; 3. That he sells, mortgages, or, in any other manner encumbers said real property; 4. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him.

ARTICLE 317. SWINDLING A MINOR ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor; 2. That he induces such minor (a) to assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right; 3. That the consideration is (a) some loan of money, (b) credit or (c) other personal property; and 4. That the transaction is to the detriment of such minor.

ARTICLE 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY

ELEMENTS of SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: 1. That personal property is already pledged under the terms of the Chattel Mortgage Law; 2. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof; and 3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. ELEMENTS of KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: 1. That personal property is mortgaged under the Chattel Mortage Law; 2. That the offender knows that such property is so mortgaged; 3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage; 4. That the removal is permanent; and 5. That there is no written consent of the mortgagee or his executors, administrator or assignees to such removal.

Chapter Eight. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

ARTICLE 318. OTHER DECEITS OTHER DECEITS ARE: 1. By defrauding or damaging another by any other deceit not mentioned in preceding articles; and 2. By interpretating dreams, making forecasts, fortune-telling, or by taking advantage of the credulity of the public in any other similar manner for profit or gain.

P.D. 1613 expressly repealed or amended Arts 320326, but P.D. 1744 revived Art 320 Destructive arson). ƒ ƒ

ƒ ƒ ƒ Chapter Seven. CHATTEL MORTGAGE

Arson is the malicious destruction of property by fire. Arson committed by any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another Attempted: Ex. Rags in gasoline, Consummated: If any part of building burned Frustrated:there is fire, but no part of hoiuse burned

THREE KINDS OF ARSON: 1. Arson Page 156 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Destructive arson; and 3. Other cases of arson.

A. ELEMENTS of CRIME INVOLVING DESTRUCTION: 1. That the offender causes destruction of the property; and 2. That the destruction was done by means of: a. explosion, b. discharge of electric current, c. inundation, d. sinking or stranding of a vessel, e. damaging the engine of the vessel, f. taking up rails from the railway track, g. destroying telegraph wires and posts or those of any other system, or h. other similar effective means of destruction. B. ELEMENTS of BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON: 1. That the offender set fire to or destroyed his own property; 2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction; and 3. That the property belonging to another was burned or destroyed. C. ELEMENTS of ARSON: 1. That the property burned is the exclusive property of the offender; and 2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another, or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place. Special aggravating circumstances in arson: 1. If committed with intent to gain; 2. If committed for the benefit of another; 3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; or 4. If committed by a syndicate. DESTRUCTIVE ARSON: The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn: 1. Building or Edifice 2. Building Open to Public

3. Train, Locomotive, Ship or Vessel for transportation, public use, leisure, entertainment 4. Building, factory, warehouse for service of Public Utilities 5. Building to conceal evidence, conceal bankruptcy, defraud creditors 6. Arsenal/Military/General Museum 7. Inhabited Place SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE OF GUILT 1. If the fire started simultaneously in more than one part of the building or establishment 2. If substantial amount of flammable substances or materials are stored within the building not of the offender nor for household use 3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property 4. If the building or property is insured for substantially more than its actual value at the time of the issuance of this policy 5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under control of the offender and/or insured 6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business 7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim

Chapter Nine. MALICIOUS MISCHIEF

ARTICLE 326. MALICIOUS MISCHIEF ELEMENTS: 1. That the offender deliberately caused damage to the property of another; Page 157 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Damage to property of National Museum or National Library, archive, registry, waterworks, road, promenade, or any other thing used in common by the public. ƒ Qualified malicious mischief is different from sedition because the element of tumultuous uprising is not present in the former crime.

2. That such act does not constitute arson or other crimes involving destruction; and 3. That the act damaging another’s property be committed merely for the sake of damaging it. ƒ ƒ ƒ ƒ ƒ ƒ ƒ

MALICIOUS MISCHIEF: willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive Malicious mischief cannot be committed through negligence because the offender acts with a specific desire to inflict injury to another. If there is no malice in causing injury, the offender incurs only civil liability. Damage caused may also be a diminution in value of the property. But if the offender used the property after causing damage to it, the crime is theft. Damage in malicious mischief must not result from a crime. (Ex. Breaking windows during robbery is not malicious mischief.) A person charged with malicious mischief may be found guilty of damage to property through reckless imprudence

ARTICLE 329. OTHER MISCHIEFS ƒ

ARTICLE 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION ƒ ƒ

VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03 The elements of the crime of malicious mischief under Article 327 of the Revised Penal Code are: (1) That the offender deliberately caused damage to the property of another; (2) That such act does not constitute arson or other crimes involving destruction; (3) That the act of damaging another's property be committed merely for the sake of damaging it. As to the third element, petitioner was not justified in summarily and extrajudicially demolishing private complainant's structure. As it is, the petitioner proceeded proceeded not so much to safeguard the lot as it is the vent to his anger and disgust over the “no tresspassing” sign he placed thereon. Indeed, his act of summarily demolishing the house smacks of his pleasure in causing damage to it.

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ƒ ARTICLE 328. SPECIAL CASES OF MALICIOUS MISCHIEF CASES OF QUALIFIED MALICIOUS MISCHIEF: 1. Causing damage to obstruct performance of public functions. 2. Using poisonous or corrosive substance. 3. Spreading infection or contagion among cattle.

Mischiefs not included in Art. 328 are punished according to the value of the damage caused. Ex. scattering human excrement in public building, killing of cow as an act of revenge, A servant who released bird from cage as act of hate against owner

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This crime is done by damaging railways, telegraph or telephone lines. Railway system – includes electric wires, traction cables, signal system, and other things pertaining to railways Removing rails from a railway track to cause destruction constitutes crime involving destruction under Art. 324. Art. 330 is not applicable when the damaged telegraph/phone lines do not pertain to a railway system. Hence, cutting telephone lines or those for transmission of electric power/light not pertaining to railways is not covered by this article. If people are killed as a result of the damage caused and the offender had no intent to kill, the crime is damages to means of communication with homicide. If there is intent to kill and damaging the railways was the means to accomplish the criminal purpose, the crime is murder. If the damage shall result in any derailment of cars, collision or other accident, a higher penalty shall be imposed. Derailment of cars should not have been purposely sought for

ARTICLE 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. That the woman is married (even if marriage is subsequently declared void); 2. That she has sexual intercourse with a man not her husband; and 3. That as regards the man with whom she has sexual intercourse, he must know her to be married.

Chapter Ten. EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

ARTICLE 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY. OFFENSES INVOLVED IN THE EXEMPTION: 1. Theft, 2. Swindling (estafa), and 3. Malicious mischief. PERSONS EXEMPT FROM CRIMINAL LIABILITY: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another. 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. ƒ ƒ ƒ ƒ

Only civil liability is incurred by the offenders who are exempt by law from criminal liability. Parties to the crime who are not related to the offended party still remain criminally liable. Law recognized presumed co-ownership of property between offender and offended party Persons exempt from criminal liability include: 1. stepfather/mother (ascendants by affinity) 2. adopted children (descendants) 3. concubine/paramour (spouse) 4. common-law spouse.

TITLE ELEVEN CRIMES AGAINST CHASTITY

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EFFECT OF PARDON: ƒ The pardon must come before the institution of criminal prosecution ƒ Both the offenders must be pardoned by the offended party ƒ Act of intercourse subsequent to adulterous conduct is an implied pardon ƒ Consent is a cause for dismissal of complaint Article 334. Concubinage ELEMENTS: 1. The man must be married; 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling, b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife, c. Cohabiting with her in any other place; 3. That as regards the woman, she must know him to be married. ƒ

Chapter One. ADULTERY AND CONCUBINAGE

Article 333. Adultery ELEMENTS:

Adultery is mitigated if the adulterous wife was abandoned w/o justification by the offended spouse. Both the wife and her paramour are entitled to this mitigating circumstance. (People vs. Avelino) Adultery may be attempted. Sheer necessity, though woman not abandoned by her husband, mitigates liability of married woman The offended party must be legally married to the offender at the time of the criminal case Carnal knowledge may be proved by circumstantial evidence Each sexual intercourse constitutes a crime of adultery

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A married man is not liable for concubinage for mere sexual relations with a woman not his wife. CONJUGAL DWELLING means the home of the husband and wife even if the wife happens to be temporarily absent on any account. SCANDAL consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of

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honest persons, and gives occasion to the neighbors’ spiritual damage and ruin. COHABIT means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse. That woman must be taken into conjugal dwelling as a concubine People in the vicinity are the best witnesses to prove scandalous circumstances Adultery is more severely punished than concubinage

1. In Grave Coercion, the compulsion is the crime itself but it is merely a means to commit Acts of Lasciviousness 2. The difference between Acts of Lasciviousness and Unjust Vexation is that in the former there is lewd design – this can be inferred from circumstances surrounding the commission of the crime: place, time, presence of other people, what was done; But if it is clear that intention is to have intercourse, crime could be attempted rape; if accused desisted in the commission of attempted rape, it may be a consummated crime of acts of lasciviousness ƒ

Chapter Two. RAPE AND ACTS OF LASCIVIOUSNESS

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ARTICLE 336. ACTS OF LASCIVIOUSNESS ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; and 3. That it is done under any of the following circumstances: a. by using force or intimidation, or b. when the offended party is deprived of reason or otherwise unconscious, or c. by means of fraudulent machination or grave abuse of authority, or d. when the offended party is under 12 years of age or is demented. Q: How is the crime of acts of lasciviousness distinguished from attempted rape? A: The following are the distinctions: (a) If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman – attempted rape. (b) In the case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas in acts of lasciviousness, the lascivious acts are themselves the final objective sought by the offender. Acts of Lasciviousness should be differentiated from Grave Coercion and Unjust Vexation:

Lewd design – act with particular design to independently derive vicarious pleasure therefrom; not merely a “silly whim” No attempted or frustrated Acts of Lasciviousness From the standpoint of law, there can be no frustration of acts of lasciviousness. No matter how far the offender may have gone towards the realization of his purpose, if his participation amounts to performing all acts of execution, the felony is necessarily produced as a consequence thereof.

PEOPLE vs. PALMA, G.R. Nos. 148869-74. 12/11/03 In the absence of convincing proof that the penis had slid into the female organ, rape was not committed. Where the victim merely stated that she was carried around the sala with appellant's penis "touching" her vagina, it would not be right to conclude that the act of the penis "touching" the vagina was an entry or penetration, even slightly, of the labia majora or the labia minora of the pudendum. The appellant is guilty of acts of lasciviousness and not rape. PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03 The appellant’s act of directing Analyn to remove her lower apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code, and not rape.

Chapter Three. SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

SEDUCTION means the enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without the use of force. Page 160 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 any capacity, is entrusted with the education or custody of the woman seduced

2 KINDS OF SEDUCTION: 1. qualified seduction 2. simple seduction.

ARTICLE 337. QUALIFIED SEDUCTION 2 CLASSES OF QUALIFIED SEDUCTION: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teacher, etc.; and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation. (incestuous seduction) ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: 1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation; 2. That she must be over 12 and under 18 years of age; 3. That the offender has sexual intercourse with her; and 4. That there is abuse of authority, confidence or relationship on the part of the offender (person entrusted with education or custody of victim; person in public authority, priest; servant). PERSONS LIABLE: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted w/ the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic 3. Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant Authority -Public Authority -Guardian -Teacher -Person who, in

Confidence - Priest - House servant - Domestic (person living in same roof, may

Relationship - Brother who seduced his sister - Ascendant who seduced

• • • • • •

be temporary, permanent as long as same household)

his descendant

The penalty for qualified seduction of a sister or descendant is higher than qualified seduction of a virgin. Deceit is not an element of qualified seduction. Abuse of Confidence, acts punished because of character of person committing the same, and excess of power or abuse of confidence The offended party need not be a virgin physically – virgin is a virtuous woman of good reputation Deceit is not an element of qualified seduction; it is an element of simple seduction Accused charged with rape cannot be convicted of qualified seduction under the same information.

ARTICLE 338. SIMPLE SEDUCTION ELEMENTS: 1. That the offended party is over 12 and under 18 years of age; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; and 4. That it is committed by means of deceit. ƒ ƒ ƒ ƒ ƒ ƒ

Virginity of the victim is not required in simple seduction. Deceit generally takes the form is unfulfilled promise to marry. Promise of marriage by a married man, whom the victim knew to be married, is not deceit. Promise of marriage after sexual intercourse is not deceit. No continuing offense of seduction Man may be willing and ready to marry the girl but simple seduction is still committed when man knows that the offended party cannot legally consent to marriage

ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENTS:

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. That the offender commits acts of lasciviousness or lewdness; 2. That the acts are committed upon a woman who is a virgin or single or a widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

ARTICLE 340. CORRUPTION OF MINORS ƒ ƒ

The act punishable is the promotion or facilitating the prostitution or corruption of persons under age to satisfy the lust of another. It is not necessary that the unchaste acts shall have been done to the minor. Hence, a mere proposal will consummate the offense.

R.A. 7610 punishes child prostitution committed by: 1. Those who engage in or promote, facilitate or induce child prostitution; 2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; 3. Those who derive profit or advantage therefrom. (Ex. manager/owner of the establishment where child prostitution takes place); 4. Any person, not being a relative of the child, is found alone with the said child in a hidden or secluded area under circumstances which lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse; and 5. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments. Q: What is Child Prostitution? A: It is engaging in sexual intercourse or acts of lasciviousness with a child, who for money or profit or due to coercion is exploited to indulge in such activities. The victim maybe male or female. If the victim is under twelve (12) years of age, the offender shall NOT be prosecuted under RA 7610, but shall be prosecuted for statutory rape or acts of lasciviousness as the case maybe.

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What is an Attempt to Commit Child Prostitution under RA 7610? A: It an offense committed by a person who, not being a relative of a child, is found alone with said child inside the room or cubicle of a house, hotel, or other similar establishments vessel, vehicle or any other secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other child abuse. It is also committed by one person who receives services from a child in a sauna parlor, massage clinic, or any other similar establishments. Q: What is Child Trafficking? A: It is the act of buying and selling a child for money, or for any other consideration, or barter.

ARTICLE 341. WHITE SLAVE TRADE ACTS PENALIZED: 1. Engaging in the business of prostitution; 2. Profiting by prostitution; and 3. Enlisting the service of women for the purpose of prostitution. • • • •

One of those above-mentioned acts is sufficient to constitute the offense Habituality not a necessary element of white slave trade Offender need not be owner of house and need not be present at time of raid; it suffices that he maintains or engages in business “Under any pretext” – if real purpose is prostitution, it doesn’t matter if one engages sevices of woman ostensibly as maid, for example

Chapter Four. ABDUCTION

ARTICLE 342. FORCIBLE ABDUCTION ELEMENTS: 1. That the person abducted is any woman, regardless of her age, civil status, or reputation; 2. That the abduction is against her will; and 3. That the abduction is with lewd designs. Page 162 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ƒ ƒ ƒ ƒ

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When there is deprivation of liberty and no lewd designs, the crime is kidnapping and serious illegal detention. Any woman, may be married; if child under 12 years of age, crime is forcible abduction, even if she voluntarily goes with her abductor Taking away must be against will of woman; may be accomplished by means of deceit first and then by means of violence and intimidation Actual intercourse not necessary; lewd designs may be shown by conduct of the accused; intent to seduce girl sufficient; lewd designs present in hurried ceremony of marriage by force where marriage is merely an artifice by which accused sought to escape criminal consequences of his acts When there are several defendants, it is enough that one of them had lewd designs Husband not liable for abduction of wife as lewd design is wanting Nature of crime: against liberty, honor and reputation, and public order Forcible abduction v. Grave coercion v. Kidnapping – presence of lewd design makes it forcible abduction; Kidnapping and Serious illegal detention if there is deprivation of liberty with no lewd design (Violent taking of woman motivated by lewd design and victim raped - Forcible abduction with rape, instead of Kidnapping with rape; Attempt to rape is absorbed in abduction) Forcible Abduction v. Corruption of minors – depends on purpose; purpose of Corruption is to lend her to illicit intercourse with others Forcible Abduction v. Rape: if resistance of woman to alleged rape was not tenacious; rape may also absorb forcible abduction if main objective was to rape the victim Attempt to rape absorbed in element of lewd design Conviction of Acts of Lasciviousness, not a bar to conviction of forcible abduction

PEOPLE vs. CARAANG, GR 148424-27. 12/11/03 The complex crime of forcible abduction with Rape occurs when there is carnal knowledge of the abducted woman under any of the circumstances mentioned earlier when force or intimidation is used; when the woman is deprived of reason or is otherwise unconscious; and when the woman is under twelve years of age or is demented. The employment of deception suffices to constitute forcible abduction. This Court has previously ruled that if the victim's consent was obtained through deceit and there was therefore no valid consent, the crime is forcible abduction, as the deceit may be

considered as constructive force. The second element, lewd design, was established by the actual rapes. AGE AND REPUTATION NOT NECESSARY: 1. Rape 2. Acts of lasciviousness against the will or without the consent of the offended party 3. Qualified seduction of sister or descendant 4. Forcible Abduction

ARTICLE 343. CONSENTED ABDUCTION ELEMENTS: 1. That the offended party must be a virgin; 2. That she must be over 12 and under 18 years of age; 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; and 4. That the taking away of the offended party must be with lewd designs. ƒ ƒ ƒ ƒ ƒ

If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement. The abduction of the victim need not be with some character of permanence. Virginity: not in a material sense as to exclude the idea of abduction of a virtuous woman of good reputation It is sufficient that abductor was instrumental in escape of victim, need not be taken from her house Requires solicitation or cajolery

ANTI-SEXUAL HARASSMENT ACT (R. A. NO. 7877)

How committed: In a work-related or employment environment, sexual harassment is committed when: 1. The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, Page 163 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; 2. The above acts would impair the employee's rights or privileges under existing labor laws; or 3. The above acts would result in an intimidating, hostile, or offensive environment for the employee. In an education or training environment, sexual harassment is committed: 1. Against one who is under the care, custody or supervision of the offender; 2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; 3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or 4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

applies as well to the accomplices, accessories-afterthe-fact. Exception: In case of multiple rape.

ARTICLE 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY. PERSON GUILTY OF RAPE, SEDUCTION OR ABDUCTION, SHALL ALSO BE SENTENCED: 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so doing. 3. In every case to support the offspring. ƒ

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Chapter Five. PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE 11

ARTICLE 344. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, AND ACTS OF LASCIVIOUSNESS 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse. 2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by: a. offended party, b. by her parents, c. grandparents, or d. guardians * in the order in which they are named above.

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The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse. No civil liability for Acts of Lasciviousness Moral damages may be awarded to offended party, and the parents for seduction, abduction, rape, other lascivious acts (Article 2219 Civil Code) Multiple Rape(by multiple offenders): all of them must support offspring, not one may be made to acknowledge offspring Amount and terms of support to be determined in a hearing (Article 201 Family Code) Only Indemnity in Rape of Married Woman

ARTICLE 346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY ƒ

Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, etc: 1) Ascendants, 2) Guardians, 3) Curators, 4) Teachers, and 5) Any other person, who cooperates as accomplice with abuse of authority or confidential relationship.

TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS

General Rule: Marriage in good faith of the offender w/ the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 349. BIGAMY Chapter One. SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

ARTICLE 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER; AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD Acts punished: 1. Simulation of births, ELEMENTS: a) The child is baptized or registered in the Registry of birth as the offender’s; b) The child loses its real status and acquires a new one; and c) The offender’s purpose was to cause the loss of any trace as to the child’s true filiation. 2. Substitution of one child for another, or 3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status. ELEMENTS: a) The child must be legitimate; b) The offender conceals or abandons such child; and c) The offender has the intent to cause the child to lose its civil status. •

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ELEMENTS: 1. That the offender has been legally married; 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3. That he contracts a second or subsequent marriage; and 4. That the second or subsequent marriage has all the essential requisites for validity. ƒ

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ƒ The fact that child will be benefited by simulation of birth is not a defense since it creates a false status to the detriment of members of family to which the child is introduced Father who sells child is not liable under this article since there is no abandonment

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ARTICLE 348. USURPATION OF CIVIL STATUS • • •

This felony is committed by a person who assumes the filiation, or the parental or conjugal rights of another. Criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto is necessary to constitute this crime. Circumstance qualifying the offense: When the purpose of the impersonation is to defraud the offended party or his heirs.

Chapter Two. ILLEGAL MARRIAGES

The crime of bigamy does not fall within the category of private crimes. Hence, it can be prosecuted even w/o the initiative of the offended party. The fact that the 1st marriage is void from the beginning is not a defense in a bigamy charge. There is a need for judicial declaration of the nullity of the 1st marriage. Similarly, there must also be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife and the husband’s remarriage is bigamy through reckless imprudence. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses. The second spouse is not necessarily liable for bigamy. One who falsely vouches for the capacity of the either of the contracting parties knowing that one of the parties is already married is an accomplice. A pardon by the offended party does not extinguish criminal action considering that a crime is committed against the State and the crime of Bigamy is a public offense which can be denounced not only by the person affected thereby but even by a civic-spirited citizen who may come to know the same.

ARTICLE 350. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS

ELEMENTS: 1. That the offender contracted marriage; and 2. That he knew at the time that a. the requirements of the law were not complied with, or Page 165 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. That the imputation must be made publicly; 3. That it must be malicious; 4. That the imputation must be directed at a natural or juridical person, or one who is dead; 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.

b. the marriage was in disregard of a legal impediment. ƒ

Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. ARTICLE 351. PREMATURE MARRIAGES ƒ

PERSONS LIABLE: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death. 2. A woman whose marriage having been dissolved or annulled, married before her delivery or w/in 301 days after the date of the legal separation. ƒ

The purpose of the law in punishing the foregoing acts is to prevent doubtful paternity. ARTICLE 352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY

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1. Act punished: performance or authorization by a priest or minister of any religious denomination or sect or by civil authorities of any illegal marriage ceremony. 2. But a clergyman who performed a marriage ceremony without knowledge of the minority of one of the parties is not liable.

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TITLE THIRTEEN CRIMES AGAINST HONOR

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ƒ Chapter One. LIBEL ƒ

ARTICLE 353. DEFINITION OF LIBEL/DEFAMATION

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ELEMENTS: 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance;

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Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Kinds of malice: (a) malice in law – that which should be proved, or (b) malice in fact – that which may be taken for granted due to the grossness of the imputation. Defamation is the proper term for libel as used in Article 353 Defamation: may be libel or slander No distinction between calumny, insult, and libel: all kinds of attack against honor and reputation is punished Malice is presumed to exist in injurious publications. Publication is the communication of the defamatory matter to some third person/s. Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the offended party. Meaning of writer immaterial Defamatory remarks directed at a group of persons are not actionable unless the statements are all embracing or sufficiently specific for each victim to be identifiable. There are as many counts of libel as there are persons defamed. To presume publication, there must be a reasonable probability that the alleged libelous matter was thereby exposed to be read or seen by 3rd persons. In libel, the false accusation need not be made under oath. Perjury requires that the false accusation is made under oath. Seditious libel is punished under Article 142

Criteria to determine whether statements are defamatory:

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. Words are calculated to induce the hearers to suppose and understand that the person against whom they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person up to public ridicule; and (US v O’Connel) 2. Words are construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. (People vs. Encarnacion)

ARTICLE 354. REQUIREMENT OF PUBLICITY. Kinds of privileged communication: 1. Absolutely privileged – not actionable even if the actor has acted in bad faith; 2. Qualifiedly privileged – those which, although containing defamatory imputations, are not actionable unless made with malice or bad faith. General Rule: Every defamatory imputation is presumed malicious, even if it be true, if no good intention and justifiable motive for making it is shown. Exceptions: 1. private communication in performance of legal, moral or social duty 2. Requisites: a. That the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld; b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; and c. That the statements in the communication are made in good faith without malice in fact. 3. fair and true report of official proceedings, made in good faith, without any comments and remarks 4. Requisites: a. That the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions; b. That it is made in good faith; and c. That it is made without any comments or remarks

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Prosecution must prove malice in fact to convict the accused in case of qualified privileged communication The privilege simply does away with presumption of malice Absolute Privileged Communication: not actionable even if done in bad faith – statements made by members of Congress in discharge of functions, Judicial Proceedings when pertinent and relevant to subject of inquiry Qualified privilege is lost by proof of malice Applying to wrong person due to honest mistake does not take case out of the privilege Unnecessary publicity destroys good faith Defense of privileged communication in paragraph 1: will be rejected if it is shown that accused acted with malice in fact and there is no reasonable ground for believing the charge to be true(for example, no personal investigation made; probable cause in belief is sufficient) Malice in fact: rivalry or ill-ffeling existing at date of publication, intention to injure the reputation of offended party, motivated by hate and revenge In proceedings, communication/ pleadings/others must be pertinent and material to subject matter to be covered by privilege Only matters which are not confidential in nature may be published Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if defendant proves the truth of imputation; any attack upon private character on matters not related to discharge of official duties may be libelous Conduct related to discharge of duties of public officers are matters of public interest Mental, moral and physical fitness of candidates for public office may be object of criticism; criticism – does not follow a public man into his private life and domestic concerns Statements made in self defense or in mutual controversy are often privileged; person libeled is justified to hit back with another libel However, retaliation and vindictiveness cannot be basis of self-defense in defamation; self-defense must be on matters related to imputations made on person invoking defense He who published what is true, and in good faith and for justifiable ends, incurs no responsibility

R. A. No. 4200 The Anti-Wire Tapping Act

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PERSONS LIABLE: 1. Any person, not being authorized by all the parties to any private communication or spoken word: a. taps any wire or cable; or b. uses any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or walkie-talkie or tape recorder, or however otherwise described. 2. Any person, whether or not a participant in the above-mentioned acts: a. knowingly possesses any tape record, wire record, disc record, or any other such record or copies thereof of any communication or spoken word; or b. replays the same for any other person/s; or c. communicates the contents thereof, either verbally or in writing, to any other person; or d. furnishes transcriptions thereof, whether complete or partial, to any other person. ƒ

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A peace officer is exempt from liability if his acts were done under lawful order of the court. However, he can only use the recording for the case for which it was validly requested. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation. An extension phone is not one of those prohibited under R.A. 4200. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept or record the spoken words.

ARTICLE 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS. ƒ

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The means by which libel may be committed are writing, printing, lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions, or any similar means. Use of amplifier Æ slander Television program Æ libel Penalty is in addition to civil liability Libel may be absorbed in crime of threats if intent to threaten is principal aim and object

ARTICLE 356. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION ACTS PUNISHABLE: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; or 2. By offering to prevent the publication of such libel for compensation, or money consideration. •

BLACKMAIL as any unlawful extortion of money by threats of accusation and exposure is possible in the crimes of light threats (Art. 283) and in threat to publish libel (Art 356).

ARTICLE 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS ELEMENTS: 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine; 2. That he publishes facts connected with the private life of another; and 3. That such facts are offensive to the honor, virtue and reputation of said person. •

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The prohibition to publish applies even such publication be made in connection w/ or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Art. 357 constitutes the “Gag law” which bars from publication news reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc. Source of news report may not be revealed unless court or Congress finds such revelation is demanded by the security of the State

ARTICLE 358. SLANDER/ ORAL DEFAMATION. KINDS OF ORAL DEFAMATION: 1. Grave slander - defamation is of a serious and insulting nature; 2. Simple slander - light insult or defamation.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The editor or business manager of a daily newspaper magazine or serial publication; and 4. The owner of the printing plant which publishes a libelous article with his consent and all other persons, who in any way participate in or have connection with its publication.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE: 1. expressions used 2. personal relations of the accused and the offended party, 3. circumstances surrounding the case, and 4. social standing and position of the victim. ƒ ƒ

Words uttered in the heat of anger constitute light oral defamation. If the utterances were made publicly and were heard by many people and the accused at the same time pointed his finger at the complainant, oral defamation is committed.

ARTICLE 359. SLANDER BY DEED ELEMENTS: 1. That the offender performs any act not included in any other crime against honor; 2. That such act is performed in the presence of other person or persons; and 3. That such act casts dishonor, discredit or contempt upon the offended party. ƒ ƒ

Seriousness of slander by deed depends on the social standing of offended party, the circumstances surrounding the act, the occasion Distinctions: 1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification. 2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt. 3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstance provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with lewd designs)

ARTICLE 360. PERSONS RESPONSIBLE FOR LIBEL PERSONS LIABLE: 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means; 2. The author or editor of a book or pamphlet;

VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES OF WRITTEN DEFAMATION: 1. where the libelous article is printed and 1st published, or 2. where any of the offended parties actually resides at the time of the commission of the offense, or 3. where one of the offended parties is a public officer: a. if his office is in the City of Manila, with the RTC of Manila, or the city/province where the article is printed and 1st published b. otherwise, with the RTC of the city/province where he held office at the time of offense; or where the article is 1st published, or 4. where one of the offended parties is a private individual, with the RTC of province/city where he actually resides at the time of the crime or where the article was printed or 1st published. ƒ

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Complaint for defamation imputing a private crime (i.e. adultery, concubinage, seduction, abduction, and acts of lasciviousness) must be filed by the offended party. Person who publishes libelous letter written by offended party is liable (publishing and not composing is the prime requisite of crime) Liability of editor is same as author Limitations of venue: in order to minimize interference with public function if a public officer, and also to avoid unnecessary harassment of accused(to limit out-of-town libel suits) Actual damages need not be proved where publication is libelous per se Action for exemplary damages may be awarded if action is based on quasi-delict No remedy for damages for slander or libel in case of absolutely privileged communication

ARTICLE 361. PROOF OF THE TRUTH

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PROOF OF TRUTH IS ADMISSIBLE WHEN: 1. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or 2. the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties. REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE : 1. it appears that the matter charged as libelous is TRUE (for situations (a) and (b) above); and 2. it was published with good motives and for a justifiable end (for situation (a) only). ƒ

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The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court. An imputation that a person has contagious disease might under ordinary circumstances be defamatory but loses such character when made with good intention and justifiable motive There is no libel when there is no malice Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating

ARTICLE 363. INCRIMINATING INNOCENT PERSON

ELEMENTS: 1. That the offender performs an act; 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime; and 3. That such act does not constitute perjury. 2 KINDS OF INCRIMINATING AN INNOCENT PERSON: 1. Making a statement which constitutes: a. defamation, or b. perjury (if made under oath and is false) 2. Planting evidence ƒ ƒ ƒ

ARTICLE 364. INTRIGUING AGAINST HONOR ƒ

ARTICLE 362. LIBELOUS REMARKS ƒ ƒ

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Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor. This article is a limitation to the defense of privileged communication. Even if matter is privileged and malice in fact is proved, author and editor is liable Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned is guilty of libel

Chapter Two. INCRIMINATORY MACHINATIONS

Art 363 is limited to planting evidence and the like, which tend directly to cause false prosecution. Incriminatory machinations distinguished from defamation – does not avail himself of written or spoken words There is a complex crime of incriminating an innocent person through unlawful arrest

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This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another by means w/c consist of some trickery. The intrigue is resorted to to blemish honor or reputation of another person Must be committed by means of some tricky and secret plot, and not gossiping which falls under defamation Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendant’s act is one of intriguing against honor; if it came from a definite source, crime is slander

TITLE FOURTEEN QUASI OFFENSES

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

CRIMINAL NEGLIGENCE

ARTICLE 365. IMPRUDENCE AND NEGLIGENCE Incriminating an Innocent Person Performs act to directly incriminate or impute commission of crime Act of planting evidence Arresto mayor

ELEMENTS OF SIMPLE IMPRUDENCE: 1. That there is lack of precaution on the part of the offender; and 2. That the damage impending to be caused is not immediate or the danger is not clearly manifest. ƒ

Perjury by making false accusation

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Imputation, falsely made, before an officer

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False statement or affidavit made under oath Arresto mayor max to prision correccional min

QUASI-OFFENSES ARE COMMITTED IN 4 WAYS: 1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony; 2. By committing through simple imprudence or negligence an act w/c would otherwise constitute a grave or a less serious felony; 3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; or 2. By causing through simple imprudence or negligence some wrong w/c, if done maliciously, would have constitutes a light felony.

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Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused.

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Test of Negligence: Would a prudent man foresee harm as a reasonable consequence of the course about to be pursued? Reasonable foresight of harm, followed by ignoring of admonition born of this provision Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or which being foreseen is inevitable; implies an extraordinary circumstance independent of will of actor; in reckless imprudence damage or injury may be preventable by exercise of reasonable care and threatened upon conduct about to be pursued by the actor Contributory negligence of offended party is not a defense but only mitigates criminal liability. Last Clear Chance Rule – The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. Emergency Rule: A person confronted with emergency may be left with no time for thought, must make speedy decision based on impulse or instinct, and cannot be held liable for same conduct as one who had opportunity to reflect; applicable only when situation that arises is sudden and unexpected, and is such as to deprive him of all opportunity for deliberation Ex. An automobile driver, who, by the negligence of

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ELEMENTS OF RECKLESS IMPRUDENCE: 1. That the offender does or fails to do an act; 2. That the doing of or the failure to do that act is voluntary; 3. That it be without malice; 4. That material damage results; and 5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration a. his employment or occupation, b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.

Art. 64 on mitigating and aggravating circumstances is not applicable in quasi-offenses. Qualifying circumstance in quasi-offenses: The offender’s failure to lend on-the-spot assistance to the victim of his negligence. Abandoning one’s victim is usually punishable under Art. 275. But if it is charged under Art. 365, it is only a qualifying circumstance, and if not alleged, it cannot even be an aggravating circumstance. Imprudence or Negligence is not a crime in itself, but simply a way of committing a crime Technical term “Reckless Imprudence resulting in Homicide”; what is punished is not the act itself but the mental attitude or condition behind the act

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another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. Violation of a rule or regulation or law is proof of negligence

Negligence Deficiency of Perception Failure in advertence Avoided by Paying proper attention and using due diligence in foreseeing them

Imprudence Deficiency of Action Failure in Precaution Taking necessary precaution once foreseen

OTHER SPECIAL PENAL LAWS

HEINOUS CRIMES ACT OF 1993 (R. A. NO. 7659) The crimes punishable by death are: 1. Treason (Art. 114) 2. Qualified Piracy (Art. 123) 3. Qualified Bribery (Art. 211-A) 4. Parricide (Art. 246) 5. Murder (Art. 248) 6. Infanticide (Art. 255) HOWEVER: If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal. 7. Kidnapping and Serious Illegal Detention (Art. 267) 8. Robbery (Art. 294): when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson. 9. Destructive Arson (Art. 320) 10. Rape (Art. 335)

a. Committed with the use of a deadly weapon or by two or more persons b. When by reason or on the occasion of the rape, the victim has become insane c. When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof d. Committed with attendant circumstances 11. Plunder (R. A. 7080) 12. Violations of Dangerous Drugs Act 13. Carnapping (R. A. 6539) GENERAL RULE: The death penalty shall be imposed in all cases upon which it must be imposed under existing laws. EXCEPTIONS (In which cases the penalty shall be reduced to reclusion perpetua): 1. when the guilty person is below 18 years of age at the time of the commission of the crime; 2. when the guilty person is more than 70 years of age; 3. when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty,

REPUBLIC ACT NO. 8294 (Law Penalizing Illegal Possession of Firearms, etc.) PERSONS LIABLE: 1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low-powered firearm, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition; The owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment; T

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Any person who shall carry any licensed firearm outside his residence without legal authority therefor; 3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person; Any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm; and 4. Any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives. Act No other crime; Illegal possession only Other crime, except homicide or murder

Murder or homicide

Rebellion or insurrection, sedition, or attempted coup dÕ etat

What is the Crime? Illegal possession

Crime committed; Illegal possession is NOT a separate offense, nor is it aggravating. Offender is exonerated of illegal possession. Murder or homicide, with special aggravating circumstance of illegal possession Rebellion or insurrection, sedition, or attempted coup dÕ etat; Illegal possession is absorbed as an element thereof

UNLICENSED FIREARMS MAY INCLUDE: 1. firearms with expired license; or 2. unauthorized use of licensed firearm in the commission of the crime. People vs. Ladjaalam, (2000) The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the “other crime” committed. Indeed, the accused may evade conviction for illegal possession by committing a lighter offense, like alarm and scandal. However, the wisdom of RA 8294 is not subject to the Court’s review.

ANTI-MONEY LAUNDERING ACT OF 2001 (R. A. NO. 9160) “Money laundering” is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. PERSONS LIABLE: 1. Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. 2. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. 3. Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so. Covered transaction: Transaction In excess of P500,000 within one banking day. Suspicious transaction, Requisites: 1. Covered institution, 2. Regardless of amount, and 3. Any of the ff. circumstances: a. no economic justification b. client not properly identified c. amount not commensurate with financial capacity d. structured to avoid reporting e. deviation from client’s profile or past transactions f. unlawful activity under this Act g. Similar or analogous UNLAWFUL ACTIVITY: 1. Kidnapping for ransom 2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,14,15,16) 3. Anti-Graft and Corrupt Practices Act (Sec. 3, par. B,C,E,G,H and I) 4. Plunder 5. Robbery and extortion 6. Jueteng and Masiao punished as illegal gambling Page 173 of 174

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 7. 8. 9. 10. 11. 12.

Piracy on the high seas Qualified theft Swindling Smuggling Electronic Commerce Act of 2000 Hijacking and other violation of RA 6235; destructive and murder, including those perpetrated by terrorists against noncombatants 13. Securities Regulations Code of 2000 14. Offenses of similar nature punishable by foreign penal laws

PROSECUTION OF MONEY LAUNDERING: 1. Offender may be charged with and convicted of BOTH money laundering and the unlawful activity 2. Proceeding of unlawful activity shall be given precedence over the prosecution for money laundering, without prejudice to freezing and other remedies of this Act.

WHAT IS REQUIRED TO BE REPORTED? Covered institutions shall report to the Anti Money Laundering Council all covered transactions and suspicious transactions within 5 working days from the occurrence.

AUTHORITY TO INQUIRE INTO BANK DEPOSITS: 1. Court order upon showing of probable cause that the deposit is related to an unlawful activity or a money laundering offense. 2. No court order required for the ff. unlawful activities: a. Kidnapping for ransom b. Comprehensive Dangerous Drugs Act of 2002 Hijacking and other violation of RA 6235; destructive and murder, including those perpetrated by terrorists against non-combatants - END -

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