Criminal Law Ii Midterm Notes.docx

TITLE 7: CRIMES COMMITTED BY PUBLIC OFFICERS CHAPTER 1 – PRELIMINARY PROVISIONS Art. 203 – Who are public officers Definition embraces every public servant from the highest to the lowest. Requisites 1. takes part in the performance of public functions in Govt OR performs in said Govt or any of its branches public duties as an employee, agent or subordinate official of any rank or class 2. authority must be a. by direct provision of law, or b. by popular election, or c. by appointment by competent authority People vs Manigo it is not in the nature of appointment but the DUTIES PERFORMED that determines whether a person is a public officer or not. RA 3019 (Anti-Graft and Corrupt Practices) has wider scope for PO; includes casual, contractual, temporary employees, provided they are receiving compensation from the Govt.

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performance of act which ought not to be done

Nonfeasane omission of act which ought to be performed Art. 204 – Knowingly rendering unjust judgment Elements 1. judge 2. renders judgment 3. judgment is unjust 4. judge knows such is unjust Sources 1. 2. 3.

of unjust judgment error ill-will or revenge bribery

NOTE: no liability for error in good faith. Art. 205 – Judgment rendered through negligence Elements 1. judge 2. renders judgment 3. manifestly unjust 4. inexcusable negligence or ignorance

CHAPTER 2 – MALFEASANCE AND MISFEASANCE IN OFFICE

manifestly unjust even a person with meager knowledge of the law cannot doubt the injustice

Section 1 – Dereliction of Dutyc

Art. 206 – Unjust interlocutory order

Misfeasance improper performance of act which might lawfully be done

Elements 1. judge 2. performs either a. knowingly renders unjust interlocutory order/decree, or

Malfeasance

b.

renders manifestly unjust interlocutory order/decree thru inexcusable negligence or ignorance

Art. 207 – Malicious delay in the administration of justice Elements 1. judge 2. proceeding in court 3. delays administration of justice 4. delay is malicious ie: with deliberate intent to cause damage or injury on either party Art. 208 – Prosecution of offenses; negligence and tolerance Acts punished 1. maliciously refraining from instituting prosecution against violators of the law 2. maliciously tolerating commission of crime Requisites 1. public officer: duty to cause the prosecution, or duty to prosecute 2. knowing commission of crime, does not cause the prosecution OR knowing that crime is about to be committed, tolerates its commission 3. offender acts with malice & deliberate intent to favor violator Art. 209 – Betrayal of trust by an attorney or solicitor-general; revelation of secrets Acts punished 1. causing damage to client, either a. by malicious breach of professional duty b. inexcusable negligence or ignorance

2. 3.

revealing secrets of client learned in his professional capacity (damage not necessary) undertaking defense of opposing client without client’s consent

If with consent, no crime. Section 2 – Bribery Art. 210 – Direct bribery Acts punishable 1. agreeing to perform or performing an act constituting a crime in connection with performance of official duties in consideration of any offer, promise, gift or present 2. accepting gift in consideration of execution of act which does not constitute a crime in connection with performance of official duty (but unjust) 3. agreeing to refrain or by refraining from doing something which is his official duty to do, in consideration of gift or promise Elements 1. offender: public officer 2. accepts offer, promise, OR receives gift or present by himself or thru another 3. such is received a. with a view to commit some crime, or b. to execute act which does not constitute crime but such act is unjust c. to refrain from act which is his official duty NOTE: gift need not be actually received by PO as an accepted offer is sufficient. if offer is not accepted

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only offerer is criminally liable for ATTEMPTED CORRUPTION Art. 211 – Indirect bribery

Elements 1. public officer 2. accepts gifts 3. gifts offered by reason of his office usually in anticipation of future favor from the PO NOTE: no attempted/frustrated indirect bribery. Direct bribery receives gift agreement between PO and giver PO agrees to perform or performs or refrains from doing something bc of the gift clear intention of PO to accept gift is sufficient

Indirect bribery receives gift usually no agreement by reason of his office

must accept the gift

Art. 211-A – Qualified bribery Elements 1. PO entrusted with law enforcement 2. PO refrains from arresting/prosecuting an offender with crime punishable by RP and/or death 3. in consideration of any promise, gift or present Art. 212 – Corruption of public officials Elements 1. offers or promises or gives gifts to PO 2. that such offers/promises will make the PO liable for DB or IDB

NOTE: liable even if gift was demanded by PO and offer was not made voluntarily prior to said demand. Bribery is usually entrapment.

proved

by

evidence

acquired

in

CHAPTER 3 – FRAUDSD AND ILLEGAL EXACTIONS AND TRANSACTIONS Art. 213 – Fraud against the treasury and similar offenses Acts punished 1. agreement with any interested party or speculator with regard furnishing supplies, making contracts, adjustment or settlement of accounts relating to public funds 2. demanding (D or ID) sums different or larger than those imposed by law (taxes, license, fees, imposts) 3. failing voluntarily to issue a receipt (T/L/F/OI) 4. collecting things/objects of a nature different from provided by law (T/L/F/OI) Elements: Frauds against public treasury 1. public officer 2. took advantage of office 3. entered into agreement with interested party or speculator (#1 acts punished) 4. intent to defraud Govt Elements: Illegal exaction 1. po with duty to collect T/L/F/OI 2. guilty of #2-4 of acts punished Art. 214 – Other frauds Elements:

1. 2. 3.

public officer took advantage of position commit frauds enumerated in Arts. 315-318

2. 3. 4.

Art. 215 – Prohibited transactions Elements 1. appointive PO 2. interested in transaction or exchange speculation 3. within territory subject to his jurisdiction 4. interested during incumbency

or

Art. 216 – Possession of prohibited interest by a public officer Persons liable 1. PO: contract/business he has official duty to intervene 2. experts, arbitrators, private accountants: contract or transaction connected with estate, property in appraisal, distribution in adjudication 3. guardians & executors: property of ward or estate CHAPTER 4 – MALVERSATION OF PUBLIC FUNDS OR PROPERTY Art. 217 – Malversation of public funds or property; presumption of malversation Punishable acts 1. appropriating public funds/property 2. taking/misappropriating 3. other person takes thru your consent, abandonment, negligence 4. guilty of misappropriation or malversation Common elements 1. public officer

with custody or control public funds appropriated, took, misappropriated, or permitted another person to take them thru his consent or thru abandonment or negligence

Malversation by private individuals 1. in conspiracy with PO 2. accomplice or accessory to PO 3. custodian of public funds 4. depositary or administrator of PF Presumption of misappropriation when demand is made to accountable officer to account funds and same is not forthcoming Malversation vs estafa character of accused (public or private) nature of funds conversion is not required in malversation damage not required in malversation Art. 218 – Failure of accountable officer to render accounts Art. 219 – Failure of responsible public officer to render accounts before leaving the country

TITLE 8: CRIMES AGAINST PERSONS

Rationale: acting in a justified burst of passion.

CHAPTER 1 – DESTRUCTION OF LIFE

Art. 248 – Murder

Section 1 – Parricide, murder, homicide

Qualifying circumstances 1. treachery, advantage of superior strength, aid of armed men, or means to weaken the defense, or means/persons to insure or afford impunity 2. in consideration of price, reward, or promise 3. thru inundation, fire, poison, shipwreck, stranding of a vessel, derailment, assault upon railroad, fall of an airship, use of means involving great waste and ruin 4. on occasion of calamities mentioned in the preceding par, or earthquake, volcano eruption, other public calamaity 5. evident premeditation 6. with cruelty, deliberately and inhumanely augmenting the suffering of victim, or outraging or scoffing at his person or corpse

Art. 246 – Parricide Elements 1. person killed 2. by accused 3. deceased is father, mother, child (L/IL), or legitimate A/D, or legitimate spouse of accused Cases parricide not punishable by RP 1. thru negligence 2. by mistake 3. under exceptional circumstances NOTE: knowledge of relationship is not required. Art. 247 – Death r physical injuries inflicted under exceptional circumstances Elements 1. spouse/parent surprises spouse/daughter (under 18 + living with) in the act of sexual intercourse with another 2. spouse/parent kills any or both, or inflicts SPI in the act or immediately thereafter 3. S/P has not promoted or facilitated the prostitution of wife/daughter, OR S has not consented to infidelity of others Effect: not parricide, destierro only. NOTE: discover, escape, pursuit, and killing must all form part of one continuous act.

Elements 1. person killed 2. by accused 3. killing attended by any of QC 4. killing is not parricide/infanticide Rules for application of QC 1. only one QC mentioned 2. other QC are absorbed or included in one QC; NOT as generic AC 3. QC must be alleged in information Art. 249 – Homicide unlawful killing not under parricide, infanticide, nor murder. Elements: 1. person killed

2. 3. 4.

by accused without JC intention to kill (presumed upon death) not attended by QC or relationship or infanticide

NOTE: evidence of intent to kill only important in A/F homicide. Accidental Homicide death brought about by lawful act performed with proper care and skill and WITHOUT homicidal intent NOTE: in all crimes against person in wc death is an element, there must be satisfactory evidence of (1) fact of death, and (2) identity of victim. Art. 250 – Penalty for frustrated parricide, murder, or homicide Courts may impose 2 degrees lower for frustrated P/M/H, and 3 degrees lower for attempted P/M/H. Art. 251 – Death caused in a tumultuous affray Elements 1. several persons 2. did not compose group organized for purpose of assaulting and attacking each other 3. quarreled and assaulted in a confused and tumultuous manner 4. someone killed in the course 5. cannot be ascertained who actually killed 6. persons who inflicted SPI or used violence can be identified Persons liable 1. inflicted SPI 2. if now known, all persons who used violence (lesser liability)

Art. 252 – Physical injuries inflicted in a tumultuous affray Art. 253 - Giving assistance to suicide Art. 254 – Discharge of firearms Elements 1. discharge firearm against or at a person 2. no intent to kill Art. 255 – Infanticide Elements 1. child killed 2. by accused 3. child less than 3 days (72 hours) Rules 1. 2.

if F/M or legit A – penalty for parricide other person – penalty for murder

NOTE: MC of concealing the dishonor to mother or maternal grandparents only. Art. 256 – Intentional Abortion Ways of committing 1. using any violence 2. no violence; thru administering drugs or beverages without consent 3. administering drugs or beverages with consent Elements 1. pregnant woman 2. used violence, or drugs/beverages administered 3. as a result, foetus dies either in womb or after having been expelled 4. abortion intended

Art. 257 – Unintentional Abortion Elements 1. pregnant woman 2. violence used without intention to abort 3. violence was intentional 4. foetus dies as a result (in womb or after expulsion) Art. 258 – Abortion practiced by the woman herself or her parents Elements 1. pregnant woman who suffered abortion 2. intended abortion 3. caused by a. woman herself b. other person with her consent c. any of her parents with her consent in order to conceal dishonor Art. 259 – Abortion practiced by a physician or midwife in dispensing abortives Elements 1. pregnant woman who suffered abortion 2. intended 3. offender: physician or midwife 4. PH/MW takes advantage of scientific skill or knowledge As to pharmacists: 1. offender: pharmacist 2. no proper prescription 3. pharma dispenses any abortive Art. 262 – Mutilation Art. 263 – Serious Physical Injuries

Art. 264 – Administering injurious substance or beverages Art. 265 – Less serious physical injuries Art. 266 – Slight physical injuries and maltreatment CHAPTER 3 – RAPE Art. 266-A – The Anti-Rape Law (RA 8353) Art. 266-B – Qualified Rape Art. 266-C – Effect of Pardon Art. 266-D – Presumptions

TITLE 10: CRIMES AGAINST PROPERTY CHAPTER 1 – ROBBERY IN GENERAL Art. 293 – Who are guilty of robbery Classification of robbery 1. Robbery with violence against, or intimidation of persons 2. Robbery by use of force upon things Robbery: Elements (General) 1. personal property belong to another 2. unlawful taking 3. intent to gain 4. violence against or intimidation of persons OR force used upon things Personal Property  prohibitive articles may be the subject matter of robbery; eg: opium (US v. Sana Lim)  naming the owner is essential if robbery is punished with capital punishment (eg: robbery with homicide) Unlawful taking: when complete 1. as to robbery with VA/IOP – from the moment offender gains possession of the thing, even if culprit has had no opportunity to dispose of the same 2.

as to robbery with FUUT – must be taken out of the building to consummate the crime

Unlawful Taking  must be characterized by permanency Intent to gain  presumed from the unlawful taking of personal property

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cannot be established by direct evidence; hence, must be deduced from the circumstances surrounding the commission of the offense

NOTE: absence of intent to gain will make the taking of PP grave coercion if there is violence used. Violation against or intimidation of persons  must be against person of the offended party (not upon the thing)  need not be threat of bodily harm; may be through effect of fear or fright  must be present BEFORE the taking of PP is complete o eg: if A stole B’s wallet then ran, then after catching up A punched B. Two crimes: (1) theft, and (2) slight physical injuries o exc: if violence results in (1) homicide, (2) rape, (3) intentional mutilation, (4)  taking need not be immediately after the intimidation  value of the pp taken is immaterial; penalty depends on the result of the violence used (eg: homicide, serious PI) Using force upon things  must be to enter a house or building  means (Art. 299 – inhabited place) o thru an opening not intended for entrance or egress o by breaking any W, R, F, D, or W o by using false keys, picklocks, or similar tools o by using fictitious name or pretending the exercise of public authority  means (Art. 302 – uninhabited place) o same exc: using fictitious name or simulation of public authority  but such entrance is not necessary when robbery thru breaking wardrobes, chests or sealed furniture, or by taking such objects away to be broken or forced open outside

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penalty o o penalty o

is based on (inhabited) value of property taken, or on whether or not the offenders carry arms is based on (uninhabited) value of property taken

When robbery with both VA/IOP and FUUT  crime: robbery with VA/IOP o bec VA/IOP is graver than FUUT; there is greater disturbance to the order of society and security of the individual (People v. Baluyot) RA 10883 – New Anti-Carnapping Act of 2016 Carnapping 1. taking 2. intent to gain 3. motor vehicle belonging to another 4. without latter’s consent OR by means of VA/IOP OR by FUUT

Section 1 – Robbery with violence against or intimidation of persons (Art. 294) Acts punished as ROBERRY with VA/IOP - SCC 1. with homicide 2. with rape or intentional mutilation or arson 3. with SPI par 1 (insanity, imbecility, impotency, blindness) 4. with SPI par 2 (loss of use of speech, hear, smell, an eye, a hand, a foot, an arm, a leg, use of any member, incapacity for work habitually engaged) 5. VA/IOP to a degree clearly unnecessary for commission of crime 6. with SPI par 3 (deformed, loses an other member, ill or incapacitated to work in HE work for more than 90 days) or par 4 (ill or incap for labor more than 30 days) 7. violence not under SPI Art. 263, or employs only intimidation I.

Robbery with Homicide

Homicide by reason or on occasion of robbery 1. to facilitate robbery or the escape of culprit 2. preserve possession by culprit of the loot 3. prevent discovery of commission of robbery 4. eliminate witnesses Robbery should be the main purpose or objective and the killing merely incidental. NOTE: killing may occur before, during or after the robbery but essential for RwH is proof of direct relation between robbery and the killing. Meaning: homicide in its generic sense

Rulings  if RwH is committed by a band/treachery, the indictable offense would still be RwH but circumstance of band/treachy will be a generic AC  RwH even if killing is by mere accident, so long as homicide resulted during or because of the robbery  all who participated as P in robbery are P in RwH although they did not actually take part in the killing, UNLESS it clearly appears that they endeavored to prevent the same. Q: robber killed by fellow robber A: still RwH because the law does not require that the person killed is the owner of the property taken. Still RwH even if an innocent bystander was killed. It is not required that the victim of the robbery be also the victim of the homicide. Q: must person charged as accessory in RwH have knowledge of commission of homicide? A: yes. accessory without knowledge of homicide must be liable only with the robbery. having no knowledge of killings, they could not have prevent such as is required of one seeking relief of liability for assault committed during the robbery. II. Robbery with Rape “when robbery shall have been accompanied by rape.” Rulings  it is not necessary that the rape be committed prior to or simultaneously with the robbery Complexing Robbery cannot be complexed with attempted rape because robbery cannot be a necessary means to commit attempted rape; nor attempted rape to commit robbery. Both crimes cannot be the result of a single act.

Additional rapes committed during robbery There is no law providing that the additional rapes or homicides should be considered as ACs. The enumeration of ACs under Art 14 of the RPC is exclusive (as opposed to enumeration under Art 13 where there is a specific paragraph providing for analogous circumstances. From the standpoint of the gravity of the offense, robbery with one rape would be on the same level as robbery with multiple rapes. However, the remedy lies with the legislature. A penal law is liberally construed in favor of the offender and no person should be brought within the terms if he is not clearly made so by the statute. III. Robbery with SPI (par 1) SPI par 1: insane, imbecile, impotent or blind IV. Robbery with SPI (par 2) SPI par 2: a) loses use of speech, power to hear or smell, loses an eye, a hand, a foot, an arm, or a leg b) loses use of any such member c) incapacitated for work (habitually engaged) V. Unnecessary VA/IOP eg: tying victim to the tree after wounding him VI. SPI par a) b) c) d)

SPI par 3 or par 4 3 deformed loses any other member loses use thereof ill or incap to work (habitually engaged) for more than 90 days

SPI par 4 ill or incap to work for more than 30 days

NOTE: Robbery with SPI par 3 or par 4 must be (1) during the course of the robbery, and (2) not inflicted upon fellow robber. If inflicted upon fellow robber => separate crimes. Robbery with intimidation There must be acts done by the accused which, either by their own nature of by reason of the circumstances under which they are executed, inspire fear in the person against whom they are directed. Robbery thru intimidation intimidation: actual & immediate personal directed to the person gain is immediate Robbery with violence with intent to gain

Robbery victim did not commit a crime + intimidated with arrest and/or prosecution to deprive him of pp deprived of pp

Threats to extort money conditional or future may be thru intermediary may refer to the person, honor, or property gain is not immediate Grave Coercion no intent to gain; intent is to compel another to do something agains his will Bribery victim has committed a crime + gives gift to avoid arrest or prosecution voluntarily parts with property

Art. 295 – Robbery with PI, committed in an uninhabited place and by a bad, or with the use of a firearm on a street, road or alley Qualified robbery with VA/IOP

if any offenses under 294 par 3-5 is committed – a) in an uninhabited place b) by a band c) attacking moving train, car, motor vehicle, airship, or d) entering passengers’ compartments in train or any manner taking passengers by surprise, or e) on street, road, highway, or alley + intimidation with use of firearms Art. 296 – Definition of a band and penalty incurred by the members thereof when at least 4 armed persons take part in the robberuy Requisites: liability for acts of other members of the band 1. member of the band 2. present at the commission of the robbery 3. other members committed an assault 4. did not attempt to prevent GR: any member of a band present during the robbery shall be punished as principal of the any of the assaults EXC: if it be shown that he attempted to prevent the same. NOTE: proof of conspiracy no necessary when 4 or more armed persons committed robbery. Art. 297 – Attempted and frustrated robbery committed under certain circumstances GR: Penalty is the same whether robbery is attempted or frustrated. EXC: unless homicide committed shall deserve a higher penalty, meaning the killing is qualified by traecher or relationship. The penalty for murder/parricide shall be imposed.

if A/F robbery with homicide: SCC (Art. 297) if A/F robbery with SPI: ordinary complex (Art. 48) Art. 298 – Execution of deeds by means of violence or intimidation Elements: 1. intent to defraud 2. compel to sign, execute, deliver public instrument or private doc 3. by means of violence or intimidation NOTE: art 298 does not apply if doc is void. distinguished from coercion coercion if victim is under obligation to S/E/D document under law and offender used violence.

Section 2 – Robbery by the use of force upon things Kinds of robbery with FUUT 1. in an inhabited house or public building or edifice devoted to religious worship 2. in an uninhabited place or in a private building 3. no entrance but broke a wardrobe, chest or any other kind of locked/sealed furniture in the house or building, or 4. took the same with intent to gain from the broken furniture, or 5. took away the furniture to be broken or forced open outside the house/building NOTE: offender should ENTER THE BUILDING. Art. 299 – Robbery in an inhabited house or public building or edifice devoted to worship Robbery with FUUT (A) Elements: 1. entered (a) an inhabited place, or (b) public building, or (c) edifice devoted to religious worship 2. entrance was thru a. opening not intended for entrance b. breaking any wall/R/F/D/window c. using false keys, picklocks, similar tools d. using fictitious name or pretending the exercise of public authority 3. once inside, took personal property belonging to another with intent to gain NOTE: offender must have intention to take property in entering the building. if such intention cannot be established, only trespass to dwelling. Robbery with FUUT (B)

Elements: 1. inside a dwelling house, public building, or edifice devoted to religious worship (regardless of circumstance of entrance) 2. takes personal property belonging to another with intent to gain under any of the ff: a. thru breaking doors, wardrobe, chest, any other locked or sealed furniture or receptacle, or b. thru taking such furniture away to be broken or forced open outside the place of robbery (note: not necessary that it was actually opened; important is the purpose of taking) NOTE: if the receptacle forced open is confided into his custody, the offender is guilty of ESTAFA and not robbery. Penalty for Robbery with FUUT depends on (1) value of property and on (2) w/n offender is armed Art. 300 – Robbery in an uninhabited place and by a band If robbery under Art 300 = max penalty (must concur) Qualified Robbery with FUUT uninhabited place AND by a band Qualified Robbery with VA/IOP uninhabited place OR by a band Art. 301 – Definition Inhabited house shelter, ship, or vessel constituting dwelling of one or more persons even though inhabitants shall

temporarily be absent when the robbery is committed Dependencies (Requisites) 1. contiguous to building 2. with interior entrance connected 3. form part of the whole NOTE: orchards and lands used for cultivation are NOT dependencies. Art. 302 – Robbery in an uninhabited place or in a private building Elements: 1. offender entered uninhabited place or building wc is NOT a dwelling house, NOT a public bldg., or NOT an edifice devoted to religious worship 2. entrance was thru (same with 299 exc. using fictitious name or pretending to exercise public authority) OR breaking of furniture OR taking of receptacle to be broken elsewhere eg: warehouse NOTE: taking of mail matter or large cattle increases the penalty by a degree. Art. 303 – Robbery of cereals, fruits or firewood in an uninhabited place or private building robbery with FUUT only: penalty is a degree lower; must be without VA/IOP. Art. 304 – Possession of picklocks or similar tools Elements 1. possession of picklocks or similar tools 2. such are specially adopted to commit robbery

3.

no lawful cause for such possession

NOTE: if person who makes is a locksmith, penalty is higher. Art. 305 – False keys deemed 1. 2. 3.

to include picklocks or similar tools genuine keys stolen from owner keys other than those intended by the owner for use in the lock forcibly opened by offender