Criminal Law Ii Reviewer

Criminal Law II Reviewer

Vena V. Verga Criminal Law II Reviewer Summary of Book II

Crime 114 Treason

Elements 1. 2. 3.

Offender is a Filipino citizen or an alien residing in the Philippines There is war in which the Philippines is involved Offender either: a. levies war against the government i. that there be an actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to the enemies, giving them aid or comfort

Treason – branch of allegiance to a government, committed by a person who owes allegiance to it Allegiance – obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive; either permanent or temporary Adherence to Enemy – intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interests] Aid or Comfort – an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy Ways of Proving Treason: 1. Testimony of 2 witnesses, at least, to the same overt act; or 2. Confession of the accused in open court

Penalty

Important Points to Remember

Filipino Citizen – RP to death and a fine not to exceed P100,000

1.

Alien – RT to death and a fine not to exceed P100,000

3.

No complex crime of treason with murder, physical injuries…

5.

Aggravating Circumstances: cruelty, ignominy

2.

4.

6. 7. 8.

Art. 64 not strictly applied to treason

9. 10.

Gravity of seriousness of acts of treason are considered

11. 12.

13. 14. 15. 16.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Treason cannot be committed in time of peace In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war The war must be directed against government The purpose of levying war is to deliver the country in whole or in part to the enemy; must be in collaboration with foreign enemy The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of foreign power No treason thru negligence When common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. Treason by Filipino citizen may be committed outside the Philippines Treason is a continuous offense Treason cannot be proved by circumstantial evidence or extrajudicial confession of accused Two witness rule is severely restrictive Sufficient that witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act Defense of suspended allegiance and change of sovereignty is not accepted Defense of obedience to de facto Government is acceptable Defense of duress or uncontrollable fear is acceptable Page 1 of 75

Criminal Law II Reviewer 115 Conspiracy and Proposal to Commit Treason

1.

Conspiracy to Commit Treason

2.

Proposal to Commit Treason

116 Misprision of Treason

1.

Offender must be owing allegiance to the government and not a foreigner He has knowledge of any conspiracy to commit treason against the government He conceals or does not disclose and make known the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters any of the places mentioned therein b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation Offender performs unlawful or unauthorized acts Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property

2. 3.

117 Espionage

1.

2.

118 Inciting to War or Giving Motives

1. 2.

119 Violation of Neutrality

1. 2. 3.

There is a war which the Philippines is not involved There is a regulation issued by competent authority for the purpose of enforcing neutrality Offender violates such regulation

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga PM and a fine not exceeding P10,000 PC and a fine not exceeding P5,000 Accessory to the crime of treason

The two witness rule does NOT apply to this article

1. 2.

Conspiracy is one to commit treason Article 116 is an exception to the rule that mere silence does not make a person criminally liable

PC Penalty next higher in degree shall be imposed if the offender be a public officer or employee.

1.

Espionage – gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the RP or to the advantage of any foreign nation To be liable under paragraph 1, the offender must have the intention to obtain information relative to the defense of RP It is not necessary that the information is obtained Espionage distinguished from treason: a. Both are crimes not conditioned on citizenship b. Espionage – may be committed in many ways, both in time of peace or war; Treason – 2 ways of committing; and only in time of war The intention of offender is immaterial Committed in time of peace

2. 3. 4.

RT if public officer or employee PM if private individual PC

1. 2.

1. 2.

Neutrality – a nation or power which takes no part in a contest of arms going on between others is referred to as neutral There must be regulation issued by competent authority for enforcement of neutrality Page 2 of 75

Criminal Law II Reviewer 120

Correspondenc e with Hostile Country

1. 2. 3.

It is in time of war in which the Philippines is involved Offender makes correspondence with an enemy country or territory that is occupied by enemy troops The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy

Vena V. Verga PC

PM RT if info may be useful to enemy RT to death if intention was to aid the enemy

121 Flight to Enemy’s Country

1. 2. 3. 4.

There is a war which the Philippines is involved Offender must be owing allegiance to the government Offender attempts to flee or go to enemy country Going to enemy country is prohibited by competent authority

Arresto Mayor

122 Piracy in General and Mutiny on the High Seas or in Philippine Waters

1. 2.

Vessel is on the high seas or in Philippine waters Offenders are not members of its complement or passengers of the vessel Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement or passengers

RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters

3.

Piracy – robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1.

2. 3. 4.

1. 2. 3.

Correspondence – communicating by means of letters; or it may refer to the letters which pass between those who have friendly or business relations Even if correspondence contains innocent matters, if such has been prohibited by the government, it is punishable Prohibition by the government is not essential in paragraphs 1 and 2 Qualifying circumstances that must concur together: a. The notice or information might be useful to the enemy b. The offender intended to aid the enemy An alien resident may be guilty of flight to enemy country Mere attempt to flee or go to enemy country consummates crime Article 121 must be implemented by the Government

1.

High Seas – any waters on the sea coast which are without the boundaries of lowwater mark, although such waters may be in the jurisdictional limits of a foreign government 2. Piracy Distinguished From Robbery in High Seas a. In piracy offender is an outsider; in robbery, offender is member of crew or passenger b. In both, there is intent to gain and manner of committing the crime is the same 3. Piracy Distinguished from Mutiny a. In piracy, the offenders are strangers; in mutiny, they are members of the crew or passengers b. In piracy, intent to gain is essential; in mutiny, the intention may be to ignore ship’s officers or to commit plunder

Page 3 of 75

Criminal Law II Reviewer 123 Qualified Piracy

124 Arbitrary Detention

Qualifying Circumstances: 1. Seized vessel by boarding or firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder, homicide, physical injuries or rape 1. Offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds Detention – when a person is placed in confinement or there is a restraint on his person Detention is without legal grounds: 1. When he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime; or 2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

125 Delay in Delivery of Detained Person to Proper Judicial Authorities

1. 2. 3.

Offender is a public officer or employee He has detained a person for some legal ground He fails to deliver such person to the proper judicial authorities within: a. 12 hours for offenses punishable by light penalties or their equivalent b. 18 hours for offenses punishable by corrective penalties or their equivalent c. 36 hours for offenses punishable by afflictive or capital or their equivalent

Proper Judicial Authorities – means the courts of justice or judges or said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained: 1. He shall be informed of the cause of his detention 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel Circumstances considered in determining liability of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga Special complex crime punishable by RP to Death regardless of number of victims Not exceeded 3 days – A Mayor in maximum to PC in minimum More than 3 less than 15 days – PC in medium and maximum More than 15 not more than 6 months – PM Exceeded 6 mos. – RT

Same as next preceding article: Within 12 hours for light penalties Within 18 hours for corrective penalties Within 36 hours for afflictive or capital penalties

1. 2.

1.

2. 3.

4. 5. 1. 2. 3. 4.

5. 6. 7. 8. 9.

Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice R.A. 6235 – An Act Punishing Certain Acts Inimical to Civil Aviation Legal Grounds for Detention of Prisoner: a. the commission of a crime b. violent insanity or o the ailment requiring the compulsory confinement of the patient in a hospital Arrest without warrant is the usual cause of arbitrary detention Arrest Without Warrant, When Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed There is no reasonable ground if officer only wants to know the commission of crime There is arbitrary detention thru imprudence If the offender is a private person, the crime is illegal detention Detention must be for some legal ground Article 125 does not apply when the arrest is by virtue of a warrant of arrest but must be a lawful arrest Delivery does not consist in a physical delivery, but in making an accusation or charge or filing of an information against person Duty of the detaining officer is deemed complied with upon the filing of the complaint with the judicial authority Provisions of Article 125 may be waived if person asks for preliminary examination Violation of Article 125 does not affect legality of confinement under process issued by a court The illegality of the detention is not cured by the filing of the information in court Fiscal is not liable, unless he ordered detention Page 4 of 75

Criminal Law II Reviewer

Vena V. Verga

officer detaining a person beyond legal period: 1. means of communication 2. hour of arrest 3. other circumstances (time, etc.)

126 Delaying Release

127 Expulsion 128 Violation of Domicile

1. 2.

That offender is a public officer or employee There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. The offender without good reason delays: a. the service of the notice of such order to the prisoner b. the performance of such judicial or executive order for the release of the prisoner c. the proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. He is not authorized by judicial order to enter the dwelling and / or to make a search therein for papers and other effects

Same as Article 124

10. Article 125 distinguished from Article 124 – in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified without person detained having been delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126

PC

Only the court by a final judgment can order a person to change his residence

PC in minimum

1.

PC in medium and maximum if with Qualifying circumstances of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately

2.

3. 4.

5.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court “Against the will of the owner” presupposes opposition or prohibition by said owner, whether express or implied; if it is only without the consent of the owner, the crime is not committed Right of officer to break into building or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) Circumstances Qualifying the Offense: a. If the offense is committed at nighttime; or b. If any papers or effects not constituting evidence of a crime are not returned immediately after the search was made Papers of other effects must be found in the dwelling Page 5 of 75

Criminal Law II Reviewer 129 Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained

Acts Punished: 1. By procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured a. The offender is a public officer or employee b. He has legally procured a search warrant c. He exceeds his authority or uses unnecessary severity in executing the same Search Warrant – an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court Probable Cause – such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper

Vena V. Verga Liability attaching to Offender for commission of any other offense (perjury) and A Mayor in maximum to PC in minimum and fine not exceeding P1,000

1.

2. 3. 4.

5. 6. 7.

130 Searching Domicile Without Witnesses

1. 2. 3.

131 Prohibition, Interruption, and Dissolution of Peaceful Meetings

1. 2.

132 Interruption

4.

1. 2.

The offender is a public officer or employee He is armed with search warrant legally procured He searches the domicile, papers or other belongings of any person The owner, or any member of his family, or two witnesses residing in the same locality are not present

A Mayor in medium and maximum

1.

Offender is a public officer or employee He performs any of the following acts: a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same b. Hindering any person from joining any lawful association or from attending any of its meetings c. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances Offender is a public officer or employee Religious ceremonies or manifestations of any religion are

PC in minimum

1. 2.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

2.

3. 4. 5.

PC in minimum PC in medium

1.

Personal Property to be Seized: a. Subject of the offense; or b. Stolen or embezzled and other proceeds or fruits of the offense; or c. Used or intended to be used as the means of committing an offense Search warrant will not issue except upon probable cause Search warrant is valid for 10 days from its date The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused Search and seizure without warrant as an incident to lawful arrest is legal Peace officers may enter house of an offender who committed an offense in their presence Search and seizure of vessels without a search warrant legal Search – to go over or look thru for the purpose of finding something; to examine Distinguish Article 128 from Article 130 – In violation of domicile, the public officer has not authority to make a search warrant; in Article 130, public officer has a search warrant Private individual cannot commit this crime Under paragraph 1, public officer must act without legal ground When the meeting to be held is not peaceful, there is legal ground for prohibiting it The right to peaceably assemble is not absolute and may be regulated The offender must be a stranger, not a participant, in the meeting Preventing a religious ceremony to take place punishable under this article Page 6 of 75

Criminal Law II Reviewer of Religious Worship

133 Offending the Religious Feelings

134 Rebellion or Insurrection

about to take place or are going on 3. Offender prevents or disturbs the same Qualifying Circumstance: if the crime is committed with violence or threats 1. Acts complained of were performed: a. In a place devoted to religious worship, or b. During the celebration of any religious ceremony 2. The acts must be notoriously offensive to the feelings of the faithful Religious Ceremonies – religious acts performed outside of a church, such as processions and special prayers for burying dead person 1. There be a public uprising and taking arms against the Government 2. The purpose of the uprising or movement is either: a. to remove from the allegiance to said government or its laws: i. the territory of the Philippines or any part thereof; or ii. any body of land, naval or other armed forces; or b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives Rebellion – used where the object of the movement is completely to overthrow and supersede the existing government Insurrection – used in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subject Rebellion distinguished from Treason: 1. Rebellion – levying of war during peace time for any of the purposes mentioned; Treason – performed in aid of enemy during wartime 2. Rebellion always involves taking up arms against government; Treason may be committed by mere adherence to the enemy, giving aid or comfort

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga and maximum if committed with violence or threats A Mayor in maximum to PC in minimum

2.

1.

2. 3. RP – person who promotes, maintains or heads rebellion or insurrection RT – person merely participating or executing commands of others

Reading a bible and then attacking certain churches in a public plaza is not a ceremony of manifestation of religion, but only a meeting of a religious sect It is not necessary that there is a religious ceremony going on when the offender performs acts notoriously offensive to the feelings of the faithful There must be deliberate intent to hurt the feelings of the faithful Offense to feelings is judged from complainant’s point of view

1.

Rebellion or of inciting it is a crime of masses, of a multitude 2. Actual clash of arms with the forces of the government, not necessary to convict the accused who is in conspiracy with others actually taking arms against the government 3. Purpose of the uprising must be shown 4. It is not necessary that the purpose be accomplished 5. Giving aid or comfort not criminal in rebellion 6. Rebellion distinguished from Subversion – rebellion is a crime against public order; Subversion – like treason, against national security 7. Mere silence or omission is not punishable in rebellion 8. It is not a defense in rebellion that the accuse never took the oath of allegiance to, or that they never recognized the government 9. Those who killed persons in pursuance of movement to overthrow government are liable for rebellion only 10. There is no complex crime of rebellion with murder and other common crimes (Hernandez ruling) 11. Killing, robbing, etc for a private purpose or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion Page 7 of 75

Criminal Law II Reviewer 134-A Coup d’etat

1. 2. 3.

4.

Offender is a person(s) belonging to the military or police or holding any public office or employment It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth The attack is directed against duly constituted authorities of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power The purpose of the attack is to seize or diminish state power

Political Crimes Distinguished from Common Crimes Political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose The decisive factor is the intent or motive

136 Conspiracy and Proposal to Commit Coup d’etat, Rebellion or Insurrection

Conspiracy and Proposal to Commit Coup d’etat

137 Disloyalty of Public Officers

1. 2.

138 Inciting to Rebellion

1.

Conspiracy to Commit Rebellion or Insurrection Proposal to Commit Rebellion or Insurrection

2. 3.

Offender is a public officer or employee Commits any of the following acts of disloyalty: a. Failing to resist a rebellion by all the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them Offender does not take arms or is not in open hostility against the government He incites others to the execution of any of the acts of rebellion The inciting is done by means of speeches, proclamations,

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga RT in maximum 1. Coup d’ etat may be committed with or – person in without civilian participation government 2. Those liable for Rebellion, Insurrection service who and/or Coup d’ etat (Article 135) participates, or a. Leaders executes i. any person who promotes, maintains, directions or or heads a rebellion or insurrection commands of ii. any person who leads, directs, or others in commands others to undertake a coup undertaking a d’etat coup d’etat b. Participants PM in maximum i. Any person who participates or – person not in executes the commands of others in government rebellion or insurrection service who ii. Any person in the government service participates, or who participates, or executes in any manner directions or commands of others in supports, undertaking a coup d’etat finances, abets iii. Any person not in the government or aids in service who participates, supports, undertaking a abets, or aids in undertaking a coup coup d’etat d’etat PM in minimum 1. Merely agreeing and deciding to rise publicly and fine not to and take arms against the government for exceed P8,000 the purposes of rebellion or merely proposing the commission of said acts is PC in maximum already subject to punishment and fine not to 2. No conspiracy when there is no agreement exceed P5,000 and no decision to commit rebellion PC in medium and fine not to exceed P2,000 PC in minimum The crime of disloyalty of public officers presupposes the existence of rebellion by other persons The offender under Article 137 must not be in conspiracy with the rebels

PM in minimum

1.

Inciting to Rebellion Distinguished from Proposal a. in both, the offender induces another to commit rebellion b. in proposal, person who proposes has Page 8 of 75

Criminal Law II Reviewer

Vena V. Verga

writings, emblems, banners or other representations tending to the same end

139 Sedition

1. 2. 3.

141 Conspiracy to Commit Sedition 142 Inciting to Sedition

The offenders rise publicly and tumultuously They employ force, intimidation, or other means outside of legal methods The offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election b. To prevent the National Gov’t, or any provincial or municipal gov’t, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order c. To inflict any act of hate or revenge upon the person or property of any public officer or employee d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and e. To despoil, for any political or social end, any person, municipality or province, or the national gov’t of all its property or any part thereof

PM in minimum and a fine not exceeding P10,000 – for the leader of sedition PC in maximum and a fine not exceeding P5,000 – for other persons participating therein

2. 1. 2.

3.

4. PC in medium and fine not to exceed P2,000

5. 1. 2.

Different Acts Punished: 1. Inciting to Sedition to Accomplish any of its Objects: a. Offender does not take direct part in the crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition c. The inciting is done by means of speeches, proclamation, writings, emblems, cartoons, banners, or other representations tending to the same end 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing or circulating scurrilous libels against

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC in maximum and fine not to exceed P2,000

1. 2.

decided to commit rebellion; in inciting, it is not required that offender has decided to commit rebellion c. in proposal, person who proposes uses secret motive; in inciting, the act is done publicly Rebellion should not be committed Sedition is the raising of commotions or disturbances in the state Sedition Distinguished from Rebellion a. In both, there must be public uprising b. In sedition, it is sufficient that public uprising is tumultuous; in rebellion, there must be taking up of arms against the government c. In sedition, the purpose of offenders may be political or social; in rebellion, it is always political Sedition distinguished from treason – treason is the violation by a subject of allegiance to sovereign; sedition is the raising of commotions or disturbances in the State Public uprising and an object of sedition must concur Common crimes are not absorbed in sedition There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition There is no proposal to commit sedition Scurrilous – low, vulgar, mean or foul Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when: a. they tend to disturb or obstruct any lawful officer in executing the functions of his office; or b. they tend to instigate others to cabal and meet together for unlawful purposes; or c. they suggest or incite rebellious conspiracies or riots; or Page 9 of 75

Criminal Law II Reviewer

Vena V. Verga

the government or any of the duly constituted authorities thereof, which tend to disturb the public peace a. Offender does not take direct part in the crime of sedition b. Commits any of the following acts of sedition either 2 or 3

143 Acts Tending to Prevent the Meeting of Congress 144 Disturbance of Proceedings of Congress and Similar Bodies

145 Violation of Parliamentar y Immunity

146 Illegal

1.

There be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender who may be any person prevents such meeting by force or fraud 1. There be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender does any of the following acts: a. He disturbs any of such meetings b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. First Form 1. The offender (any person) uses force, intimidation, threats or fraud. 2. The purpose of the offender is to prevent any member of Congress from: a. Attending the meetings of Congress or any of its committees, etc.; or b. Expressing his opinion; or c. Casting his vote Second Form 1. Offender is a public officer or employee 2. He arrests or searches any member of Congress 3. Congress, at the time of arrest or search, is in regular or special session 4. The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the code

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

d.

PC or a fine ranging from P200 to P2,000 or both A Mayor or a fine of P200 to P1,000

they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government 3. Knowingly concealing such evil practices is treated and punished as that of the principal 4. Two rules relative to seditious words: a. Clear and Present Danger Rule b. Dangerous Tendency Rule Chief of police and mayor who prevented the meeting of the municipal council are liable under Article 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined 1. 2.

PM

1. 2.

The complaint for disturbance of proceedings may be filed by a member of a legislative body One who disturbs the proceedings of the congress my also be punished for contempt

Parliamentary immunity does not protect members of the Congress from responsibility before the legislative body itself It is sufficient that the offender, in using force, intimidation, threats, or frauds, has the purpose to prevent a member of Congress from exercising any of his such prerogatives

PC

PC in maximum to PM in medium

1.

Persons present at the meeting must be armed in the first form of illegal assembly Page 10 of 75

Criminal Law II Reviewer Assemblies

a.

2.

147 Illegal Associations

there is a meeting, a gathering or group of persons, whether in a fixed place or moving b. that the meeting is attended by armed persons c. that the purpose of the meeting is to commit any of the crimes punishable under the code Any meeting in which the audience, whether armed or not, is incited to the commission of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents a. there is a meeting, a gathering or group of persons, whether in a fixed place or moving b. the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault

Persons liable for illegal Assembly: 1. Organizers or leaders of the meeting 2. Persons merely present at the meeting Illegal Associations: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Associations totally or partially organized for some purpose contrary to public morals Persons Liable for Illegal Association: 1. Founders, directors and president of the association 2. Mere members of the association

148 Direct Assaults

2.

Without public uprising, by attacking or employing force or

Simple Assault: a. the offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance b. the person assaulted is a person in authority or his agent c. at the time of the assault the person in authority or his agent is engaged in the actual performance of official /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga – for organizers or leaders of any meeting under this article A Mayor – unarmed persons merely present

2. 3. 4.

PC – armed persons merely present

5. PC in minimum and medium and a fine not exceeding P1,000 – founders, directors, and presidents A Mayor – mere members of said association

PC in medium and maximum periods and a fine not exceeding P1,000 – when the assault is committed with a

But not all the persons present at the meeting of the 1st form of illegal assembly must be armed The unarmed person merely present at the meeting of the 1st form of illegal assembly is liable If any person present at the meeting carries an unlicensed firearm: a. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and b. He is considered a leader or organizer of the meeting Meeting – includes a gathering or group, whether in a fixed place or moving

Illegal Association distinguished from Illegal Assembly 1. In Illegal Association, it is not necessary that there be an actual meeting; In illegal Assembly, it is necessary there is an actual meeting 2. In illegal associations, it is the act of forming or organizing and membership in association that are punished; in Illegal Assembly, it is the meeting and attendance at such meeting that are punished 3. In illegal associations, the persons liable are the founders, directors and president and the members; In illegal assembly the person liable are the organizers or leaders of the meeting, and persons present at such meeting 1. It does not seem that the offended party in the first form of direct assault must be a person in authority or his agent 2. If the offended party is only an agent of a person in authority, the force employed must be of SERIOUS character to be direct assault 3. The force employed NEED NOT be serious when the offended party is a person in Page 11 of 75

Criminal Law II Reviewer

d. e.

duties, or that he is assaulted by reason of the past performance of official duties the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties there is no public uprising

Qualified Assault a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hands upon a person in authority Person in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority Agent of Person in Authority – one who, by direct provision of law, or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio vice-lieutenant, barrio councilman and barrio policeman, and any person who comes to the aid of persons in authority To be an agent of a person of authority, one must be charged with: 1. maintenance of public order; and 2. protection and security of life and property Distinguish Direct Assault from Ordinary Assault: a. Direct assault are crimes against public order; ordinary assaults are crimes against persons b. Direct assaults are triable by the Court of First Instance

Vena V. Verga weapon or when the offender is a public officer or employee PC in minimum period and a fine not exceeding P500 – no circumstances present

4. 5. 6. 7.

8. 9. 10.

11. 12.

13. 14. 15. 16.

17.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

authority The intimidation or resistance must be serious whether the offended party is an agent only or he is a person in authority The resist must be grave, therefore it must be active resistance Intimidation must produce its effects immediately To determine whether a certain public officer is a person in authority, the powers and duties vested in him by law should be determined The status of person in authority being a matter of law, ignorance thereof is no excuse Functions of the person in authority or his agent must be clearly shown in the information When a person in authority or their agents descended to mattes which are private in nature, an attack made by one against the other is not direct assault Even if the agent of a person in authority agrees to fight, it still constitutes direct assault If a person in authority or his agent goes beyond the scope of the respective powers of public officers, if they are fixed, then they are considered NOT in the performance of official duties Knowledge of the accused that the victim is a person in authority or his agent is essential Defendant must have the intention to defy the authorities If is not necessary that the person in authority who was assaulted was ACTUALLLY performing official duties Evidence of motive is important when the person attacked or seriously intimidated is NOT in the actual performance of his official duty Where in the commission of direct assault, serious or less serious physical injuries are also inflicted, the offender is guilty of the Page 12 of 75

Criminal Law II Reviewer

149 Indirect Assaults 150 Disobedience to Summons Issued by Congress, its Committees, etc.

151 Resistance and Disobedience to a Person in Authority or Agents of Such Person

1.

A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148 2. A person comes to the aid of such authority or his agent 3. The offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent Acts Punishable: 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions 4. By restraining another from attending as a witness in such legislative or constitutional body 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official Resistance and Serious Disobedience (Par.1): 1. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender resists or seriously disobeys such person in authority or his agent 3. The act of the offender is not included in the provisions of Articles 148, 149, and 150 Simple Disobedience (Par. 2): 1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender disobeys such agent of a person in authority 3. Such disobedience is not of a serious nature Direct Assault Distinguished from Resistance or Serious Disobedience:

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga

PC in minimum and medium periods and a fine not exceeding P500 A Mayor or a fine ranging from P200 to P1,000 – any person who having been summoned…

complex crime of direct assault with serious or less serious physical injuries 18. the crime of slight physical injuries is absorbed in direct assault 1. Indirect assault can be committed only when a direct assault is also committed 2. The offended party in indirect assault may be a private person 1. 2. 3.

Article 150 applies only to disobedience WITHOUT legal excuse Any of the acts punished by Article 150 may also constitute contempt of Congress The court may take any action not amounting to a release of a prisoner of Congress The power of inquiry, with process to enforce it, is an essential and appropriate auxiliary to the legislative functions

Same penalty – any person who shall induce disobedience to a summons or refusal to be sworn by any such body

4.

A Mayor and a fine not exceeding P500 – any person shall resist or seriously disobey any person in authority

Paragraph 1: 1. The juridical conception of the crime of resistance and disobedience to a person in authority or his agents consists in a failure to comply with orders directly issued by the authorities in the exercise of their official duties 2. The person in authority must be in the actual performance of his official duties 3. The disobedience contemplated consists in the failure or refusal to obey a direct order from the authority or his agent 4. The accused must have knowledge that the person arresting him is a peace officer 5. There is justified resistance when the accused had no right to make the search

A Menor or a fine ranging from P10 to P100 – disobedience to an agent of a person in authority is not of a serious

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Criminal Law II Reviewer 1.

153 Tumults and Other Disturbances of Public Order

In direct assault, the person in authority or his agent must be engaged in performance of official duties or that he is assaulted by reason thereof, but in resistance, the person in authority or his agent must be in actual performance of his duties 2. Direct assault (2nd form) is committed in 4 ways; Resistance is committed only by resisting or seriously disobeying 3. In both, there is force employed, but the force in resistance is not so serious, as there is no manifest intention to defy the law; in direct assault it must be serious and deliberate; 4. When the one resisted is a person in authority, the use of any kind or degree of force will give rise to direct assault; if no force is employed by the offender in resisting or disobeying, the crime committed is resistance Tumults and Other Disturbances of Public Order: 1. Causing any serious disturbance in a public place, office or establishment 2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed Outcry – to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition Circumstances Qualifying the Disturbance or Interruption if tumultuous in character Tumultuous – the disturbance or interruption shall be deem as such if caused by more than three persons who are armed or provided with means of violence

154

Acts Punished as Unlawful Use of Means of Publication

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga nature

Paragraph 2: 6. The order must be lawful 7. If the disobedience to an agent of a person in authority is of a serious nature, the offender should be punished under par. 1 of Article 151 8. When the attack or employment of force is not deliberate, the crime is only resistance or disobedience

A Mayor in medium to PC in minimum and a fine not exceeding P1,000 Penalty next higher in Degree – person causing any disturbance or interruption of a tumultuous character A Mayor – person who shall make any outcry tending to incite rebellion or sedition A Menor and a fine not to exceed P200 – bury with pomp the body of a person legally executed A Mayor and fine

1. 2.

3.

4.

1.

Serious disturbance must be planned or intended If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers they are participants therein, Article 153 should be applied Inciting to Sedition or Rebellion distinguished from Public Disorder – It is necessary that offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition; if the outcry is more or less unconscious outburst, which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder One who fired a submachine gun to cause disturbance, but inflicted serious physical injuries on another, may be prosecuted for 2 crimes

It is not necessary that the publication of the Page 14 of 75

Criminal Law II Reviewer Unlawful Use of Means of Publication and Unlawful Utterances

155 Alarms and Scandals

and Unlawful Utterances: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State 2. By encouraging disobedience to the law r to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3. By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous Acts Punished as Alarms and Scandals: 1. 2. 3. 4.

Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable

Vena V. Verga ranging from P200 to P1,000 2. 3.

A Menor or a fine not exceeding P200

1. 2. 3.

4. 5. 6.

156 Delivering Prisoners from Jail

1. 2.

There is a person confined in a jail or penal establishment The offender removes therefrom such person, or helps the escape of such person

Qualifying Circumstance What constitutes the qualifying circumstance is the offender’s act of employing bribery as a “means” of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Mayor in maximum to PC in minimum – any person who shall remove from any jail any person confined therein or shall

1. 2. 3. 4. 5.

false news actually cased public disorder or caused damage to the interest or credit of the State; the mere possibility of causing such danger or damage is sufficient The offender must know that the news is false If there is no possibility of danger to the public order or of causing damage to the interest or credit of the state by the publication of the false news

It is the result, not the intent that counts. The act must produce alarm or danger as a consequence The discharge of the firearm should not be aimed at a person, otherwise, the offense would fall under Article 254 Article 155 does not make any distinction as to the particular place in the town or public place where the discharge of firearm, rocket, etc. is effected The discharge of firecrackers or rockets during fiestas or festive occasion are not covered by this Article Disturbance of serious nature falls under Article 153 Charivari – medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc. designed to annoy and incite Person may be under detention only or by final judgment Hospital or asylum considered as an extension of jail or prison Offender is usually an outsider The guard of the jail, who is off duty, may be held liable for delivering prisoner from jail Violence, intimidation or bribery is not Page 15 of 75

Criminal Law II Reviewer removing or delivering the prisoner from jail, and not the offender’s act of receiving or agreeing to receive a bribe as a consideration fro committing the offense

157 Evasion of Service of Sentence

158 Evasion on Occasion of Disorders

1. 2. 3.

Offender is a convict by final judgment He is serving his sentence which consists in deprivation of liberty He evades the service of the sentence by escaping during the term of his sentence

Qualifying Circumstances: 1. by means of unlawful entry (by scaling); 2. by breaking doors, windows, gates, walls, roofs or floors; 3. by using picklocks, false keys, disguise, deceit, violence, or intimidation; or 4. thru connivance with other convicts or employees of penal institution 1. The offender is a convict by final judgment, who is confined in a penal institution 2. There is a disorder, resulting from: conflagration, earthquake, explosion, similar catastrophe, or mutiny in which he has not participated 3. The offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. The offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief executive announcing the passing away of such calamity Mutiny – organized unlawful resistance to a superior officer; a sedition or revolt; does not include a riot or if prisoners disarmed the guards and escaped since they are not their

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga help escape of such person by means of violence, intimidation or bribery Same Penalties in Minimum – if escape should take place outside of said establishment by taking guards by surprise PC in medium and maximum – escape during term of imprisonment PC in maximum – if it shall take with any of the qualifying circumstances enumerated Increase of 1/5 of time still remaining to be served under the original sentence, which in no case shall exceed six months Deduction provided in Article 98 – if convict shall give himself up within 48 hours

6. 7.

8.

1. 2.

3. 4.

5. 1. 2. 3.

4.

5.

necessary Employment of deceit is not an element of the offense If the crime committed by the prisoner for which he is confined or serving sentence is treason, murder or parricide, the act of taking the place of the prisoner in the prison is that of an accessory and he may be held liable as such, because he assists in the escape of the principal Prisoner is criminally liable for leaving the penal institution only when there is evasion of a sentence The sentence must be “by reason of final judgment” This article is not applicable to sentence executed by deportation Escape – flee from, to avoid, to get out of the way, as to flee to avoid arrest Article 157 is applicable to sentence of destierro, since it consists in a deprivation of liberty Unlawful entry – scaling or climbing the wall Offender must be a convict by final judgment The convict must leave the penal institution What is punished is not the leaving of the penal institution, but the failure of the convict to give himself up to the authorities within 48 hours after the proclamation announcing the passing away of the calamity If offender fails to give himself up, he gets an increased penalty If offender gives himself up he is entitle to a deduction of 1/5th of his sentence

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Criminal Law II Reviewer

159 Violation of Conditional Pardon

superior officers 1. Offender was a convict 2. He was granted a conditional pardon by the Chief Executive 3. He violated any of the conditions of such pardon Conditional Pardon – a contract between the Chief Executive, who grants the pardon, and the convict, who accepts it

Vena V. Verga

PC in minimum period – if penalty remitted does not exceed 6 years Unexpired Portion of Original Sentence – if penalty remitted is higher than 6 years

1. 2.

3. 4. 5. 6. 7.

160 Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense

Quasi-Recidivism 1. The offender was already convicted by final judgment of one offense 2. He committed a new felony before beginning to serve such sentence or while serving the same

Besides the provisions of Rule 5 Article 62, Maximum of penalty prescribed by law for the new felony

1.

161 Forging the Seal of the Gov’t, Signature or Stamp of the Chief Executive 162 Using Forged Signature or Counterfeit Seal or

Acts Punished: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the president 3. Forging the stamp of the president

RT

1.

1.

P Mayor

Quasi-Recidivism Distinguished from Reiteracion – reiteracion requires that the offender against who it is considered shall have served out his sentences for the prior offenses

2. 3.

That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person The offender knew of the counterfeiting or forgery He used the counterfeit seal or forged signature or stamp

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

2. 3.

2. 3.

The court cannot require the convict to serve the unexpired portion of his original sentence if it does not exceed 6 years Violation of conditional pardon is not a substantive offense, because the penalty for such violation is the unexpired portion of the punishment in the original sentence Condition extends to special laws Offender must be found guilty of subsequent offense before he can be prosecuted under Article 159 Offender can be arrested and re-incarcerated without trial The period when convict was at liberty, not deducted in case he is recommitted Duration of the conditions subsequent is limited to the remaining period of the sentence Second crime must be a felony; but the first crime for which the offender is serving sentence need not be a felony (could be under a special law) Quasi-Recidivism cannot be offset by ordinary mitigating circumstances A quasi-recidivist, who is not a habitual criminal, may be pardoned at the age of 70 years if he has already served out his original sentence or when he shall complete it after reaching said age The offense is not falsification of public document The President has custody and use of the Great Seal The signature of the President must be forged

The offender under this article should not be the forger.

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Criminal Law II Reviewer Stamp 163 Making and Importing and Uttering False Coins

1. 2. 3.

There be false or counterfeited coins The offender either made, imported or uttered such coins That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers

Coin – is a piece of metal stamped with certain marks and made current at a certain value Counterfeiting – means the imitation of a legal or genuine coin; there must be an imitation of the peculiar design of a genuine coin Import – means to bring them into port Utter – means to pass counterfeited coins; includes their delivery or act of giving them away

164 Mutilation of Coins

165 Selling of False or Mutilated Coins, Without Connivance

166 Forging Treasury or Bank Notes or Other Documents

Acts Punished: 1. Mutilating coins of the legal currency, with further requirement that there be intent to damage or to defraud another 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated a. Possession b. With intent to utter c. Knowledge 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated a. Actually uttering b. Knowledge Acts Punishable: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false or forged obligations or notes 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga

PM in minimum and medium and a fine not to exceed P10,000 – silver coin of Philippines or coin of CB PC in minimum and medium and a fine not to exceed P2,000 – minor coinage of the Philippines or CB PC in minimum and a fine not to exceed P1,000 – currency of foreign country PC in minimum and a fine not to exceed P2,000

1.

RT in minimum and fine not to exceed P10,000 – obligation or security of Philippines

1.

2. 3.

A coin is false or counterfeited if it is forged or if it is not authorized by the government as legal tender, regardless of its intrinsic value Former coins withdrawn from circulation may be counterfeited under Article 163 Kinds of coins the Counterfeiting of which is Punished: a. Silver coin of the Philippines or coin of the Central Bank of the Philippines b. Coin of minor coinage of the Philippines or of the Central Bank of the Philippines c. Coin of the currency of a foreign country

1.

Mutilation – means to take off part of the metal either by filing it or substituting it for another metal of inferior quality; to diminish by ingenuous means the metal in the coin 2. The coin must be of legal tender in mutilation 3. Coins of foreign country not included Penalty lower byPossession of or uttering false coin does not require one degree thanthat the counterfeited coin is legal tender that prescribed Constructive possession included in said articles Possession of counterfeiter or importer not punished as separate offense Accused must have knowledge of the fact that the coin is false Punishable even if the offender was not in connivance with counterfeiter or mutilator

2.

Uttering forged bill must be with connivance to constitute a violation of Article 166 Notes and other obligations and securities that may be forged or falsified under Article 166: a. Treasury or bank notes, Page 18 of 75

Criminal Law II Reviewer Payable to Bearer

Forging – committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to forge an instrument is to make false instrument intended to be passed for the genuine one Falsification – committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein Importation – means to bring them into the Philippines, which presupposes that the obligations or notes are forged or falsified in a foreign country Uttering – means offering obligations or notes knowing them to be false or forged, whether such offer is accepted or not, with a representation, by words or actions, that they are genuine and with an intent to defraud

167 Counterfeitin g Instruments Not Payable to Bearer 168 Illegal Possession and use of False Treasury or Bank Notes and Other Instruments of Credit

Obligation or Security – all bonds, certificates of indebtedness, national bank notes, coupons, treasury notes, fractional notes, certificates of deposits, bills, checks, drafts for money, and other representatives of value under any act of Congress 1. There be an instrument payable to order or other document of credit not payable to bearer 2. The offender either forged, imported or uttered such instrument 3. In case of uttering, he connived with the forger or importer 1.

2. 3.

That any treasury or bank not or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person The offender knows that any of those instruments is forged or falsified He performs any of these acts: a. using any of such forged or falsified instruments b. possessing with intent to use any of such forged or falsified instruments

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga P Mayor in maximum period and a fine not to exceed P5,000 – circulating note issued by any banking association duly authorized by law P Mayor in medium and a fine not to exceed P5,000 – issued by foreign gov’t P Mayor in minimum and a fine not to exceed P2,000 – circulating note or bill issued by foreign bank duly authorized therefore PC in medium and maximum and a fine not to exceed P6,000

b. c. 3. 4. 5.

1. 2. 3.

Penalty next lower in degree than that prescribed in said articles

1. 2. 3. 4. 5.

Certificates Other obligations and securities, payable to bearer A bank note, certificate or obligation and security is payable to bearer when it can be negotiated by mere delivery Penalties depend upon the kind of forged treasure or bank notes or other documents Forgery is Committed: (Article 169) a. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document b. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein

Application of this article is limited to instruments payable to order It includes such instruments or document of credit issued by a foreign government or bank Connivance is not required in uttering if the utterer is the forger Intent to posses is not intent to use Possession of false treasury or bank notes alone is not a criminal offense Accused must have knowledge of forged character of the note A person in possession of falsified document and who makes use of the same is presumed to be material author of falsification It is not an impossible crime when the act performed would have been a crime of illegal possession of false treasury notes Page 19 of 75

Criminal Law II Reviewer 170 Falsification of Legislative Documents 171 Falsification by Public Officer, Employee, or Notary or Ecclesiastical Minister

1. 2. 3. 4. 1. 2.

3.

That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council The offender alters the same He has no proper authority therefore The alteration has changed the meaning of the document Offender is a public officer, employee or notary public He takes advantage of his official position a. He has duty to make or to prepare or otherwise intervene in the preparation of the document; or b. He has the official custody of the document which he falsifies That he falsifies a document by committing any of the following acts: a. counterfeiting or imitating (feigning) any handwriting, signature or rubric i. that there be an intent to imitate, or an attempt to imitate ii. that the 2 signatures or handwritings, the genuine and the forged, bear some resemblance to each other b. causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate i. the offender caused it to appear in a document that a person(s) participated in an act or proceeding ii. That such person(s) did not in fact so participate in the act or proceeding c. Attributing to person who have participated in an act or proceeding statements other than those in fact made by them i. that a person(s) participated in an act or proceeding ii. that such person(s) made statements in that act or proceeding iii. that the offender, in making the document, attributed to such person(s) statements other than those in fact made by such person(s) d. Making untruthful statements in a narration of facts i. that the offender makes in a document statements in a narration of facts ii. that he has a legal obligation to disclose the truth

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga PC in maximum and a fine not to exceed P6,000

1. 2. 3.

Bill, resolution or ordinance must be genuine Offender is any person The act of falsification in legislative document is limited to altering it which changes its meaning

P Mayor and a fine not to exceed P5,000 – first paragraph

1.

In falsification by making alteration or intercalation or including in a copy a different statement, there must be a genuine document that is falsified; in other paragraphs, falsification may be committed by simulating or fabricating a document Paragraph 1 a. Counterfeiting – imitating any handwriting, signature or rubric b. Feigning – simulating a signature, handwriting or rubric out of one which does not in fact exist Paragraph 2 – when committed by a private individual, Article 172 should apply Paragraph 4 a. There must be a narration of facts, not of conclusion of law b. Legal Obligation – there is a law requiring the disclosure of the truth of the facts narrated c. Person making the narration of facts must be aware of the falsity of the facts narrated by him d. Perversion of truth must be made with the wrongful intent of injuring 3rd person e. Wrongful intent not essential when the document falsified is a public document f. Good faith is a defense g. Falsification by omission is punishable Paragraph 5 – Date must be essential Paragraph 7 a. liability of private individual when there is conspiracy – same as public officer b. Intent to gain or prejudice not necessary

Same penalty – ecclesiastical minister

2.

3. 4.

5. 6.

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Criminal Law II Reviewer

172 Falsification by Private Individuals and use of Falsified Documents

of the facts narrated by him iii. that the facts narrated by the offender are absolutely false e. Altering true dates f. Making any alteration or intercalation in a genuine document which changes its meaning i. that there be an alteration (change) or intercalation (insertion) on a document ii. that it was made a genuine document iii. that the alteration or intercalation has changed the meaning of the document iv. that the change made the document speak something false g. Issuing in authenticated form a document purporting to be a copy of any original document when no such original exists, or including in such copy a statement contrary to, or different from that of the genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. 4. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons Acts Punished and Their Requisites: 1.

Falsification of public, official or commercial document by a private individual a. that the offender is a private individual or a public officer or employee who did not take advantage of his official position b. that he committed any of the acts of falsification enumerated in Article 171 c. that the falsification was committed in a public or official or commercial document

2.

Falsification of private document by any person a. that the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in Article 171 b. that the falsification was committed in any private document c. that the falsification caused damage to a third party or

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga

PC in medium and maximum and a fine of not more than P5,000

Paragraph 1 1. Four Kinds of Documents a. Public Document – created, executed or issued by a public official in response to exigencies of public service, or in execution of which a public official intervened b. Official Document – issued by a public official in exercise of the functions of his office c. Private Documents – deed or instrument executed by a private person without the intervention of notary public or other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth d. Commercial Documents – defined and regulated by the Code of Commerce or Page 21 of 75

Criminal Law II Reviewer

Vena V. Verga

at least the falsification was committed with intent to cause such damage 3.

Use of falsified document Introducing in Judicial Proceeding: a. that the offender knew that a document was falsified by another person b. that the false document is embraces in Article 171 or in any subdivision no 1 or 2 or Article 172 c. that he introduced said document in evidence in any judicial proceeding Use in Any Other Transaction: a. that the offender knew that a document was falsified by another person b. that the false document is embraced in Article 171 or in any of subdivision no. 1 or 2 of Article 172 c. that he used such document (not in judicial proceedings) d. that the use of the false documents caused damage to another or at least it was used with intent to cause such damage

173

Acts Punishable

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

any other commercial law Mere blank form of official document is not in itself a document 3. Possessor of a certificate of tile is presumed to be the author of the falsification that made possible the transfer of title 4. Possessor of falsified document is presumed to be author of falsification 5. Good faith is a defense Paragraph 2 1. Mere falsification is not enough; requires: a. he must have counterfeited the false document b. he must have performed an independent act which operates to prejudice 3rd person 2. Damage need not be material 3. not necessary that offender profited or hope to profit by falsification 4. Falsification may be a necessary means to commit other crimes a. no complex crime of estafa thru falsification of private document b. no falsification thru reckless imprudence if document is private and no actual damage is caused c. crime is falsification of public document, even if falsification took place before the private document becomes part of public records Generally, falsification has no attempted or frustrated stage Paragraph 3 1. Damage not necessary in crime of introducing in judicial proceedings; Intent to cause damage, at least, is required in use of falsified document in proceeding not judicial 2. User deemed author of falsification if a. the use was so closely connected in time with falsification b. the user had the capacity of falsifying the document 1. Private individual cannot be a principal by 2.

PC in medium

Page 22 of 75

Criminal Law II Reviewer Falsification of Wireless, Cable, Telegraph and Telephone Messages

174 Falsification of Medical Certificates, Certificates of Merit or Service

175 Using False Certificates

176 Mnftg and Possession of Implements for Falsification

1.

Uttering fictitious wireless, telegraph or telephone message a. That the offender is an officer or employee of the government or of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message b. That the offender commits any of the following acts: i. uttering fictitious wireless, cable, telegraph or telephone message ii. falsifying wireless, cable, telegraph or telephone message 2. Falsifying wireless, telegraph or telephone message * same as above 3. Using such falsified message a. that the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the 1st paragraph of Article 173 b. that the accused used such falsified dispatch c. that the use of the falsified dispatch resulted in the prejudice of a 3rd party, or that the use thereof was with intent to cause such prejudice Persons Liable: 1. Physician or Surgeon – must refer to illness or injury of a person; called “False Medical Certificate by a Physician” 2. Public Officer – includes merit,, service, good conduct or similar circumstances; called “False Certificate of Merit or Service by a Public Officer” 3. Private Individual – “ False Medical Certificate by a Private Individual” or “False Certificate of Merit by a Private Individual” 1. That the physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduce or similar circumstance, or a private person had falsified any of said certificates 2. that the offender knew that the certificate was false 3. that he used the same Acts Punished: 1. Making or introducing in to the Philippines any stamps, dies, marks or other instruments or implements for counterfeiting or falsification 2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga and maximum – falsification Penalty next lower in degree – use of such falsified dispatch

A Mayor in Maximum to PC in minimum and a fine not to exceed P1,000

2.

1. 2.

A Mayor

direct participation in falsification of telegraphic dispatches Private individual may be held liable as principal by inducement in falsification of telegraph dispatches or telephone messages

Certificate – any writing by which testimony is given that a fact has or has not taken place Falsification of certificate of large cattle is now covered by Article 171 or 172 and not 174

A Menor

PC in medium and maximum and a fine not to exceed P10,000 Penalty next lower in degree

1. 2.

Implements confiscated need not form a complete set Also punished constructive possession

Page 23 of 75

Criminal Law II Reviewer

177 Usurpation of Authority or Official Functions

178 Using Fictitious Name and Concealing True Name

179 Illegal Use of Uniforms or Insignia

Vena V. Verga

Two Ways of Committing the Crime: 1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government In usurpation of authority, the mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient; it is not necessary that he performs an act pertaining to a public officer 2. By performing any act pertaining to any person in authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so In usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority or public officer, in addition to other requirements

PC in minimum and medium periods

Using Fictitious Name: 1. The offender uses a name other than his real name 2. He uses that fictitious name publicly 3. The purpose of the offender is to conceal a crime, to evade the execution of a judgment, or to cause damage to public interest Concealing True Name: 1. That the offender conceals his true name and all other circumstances 2. That the purpose is only to conceal his identity

A Mayor and a fine not to exceed P500 – use of fictitious name

Distinction Between Use of Fictitious Name and Concealing True Name: 1. In use, the element of publicity must be present; in concealing true name, that element is not necessary 2. The purpose of use of fictitious name is any of those 3 enumerated; in concealing true name, it is merely to conceal identity 1. That the offender makes use of insignia, uniform or dress 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1. 2.

3. 4. 5. 6. 7.

A Menor and a fine not to exceed P200 – conceal true name

1. 2. 3.

4. 5.

A Mayor

1. 2.

There must be positive, express and explicit representation The offender should have represented himself to be an officer, agent or representative of any department or agency of the government; or should have performed an act pertaining to a person in authority or public officer False representation may be shown by acts Article 177 may be violated by a public officer Article 177 does not apply to occupant under color of title Article 177 punishes usurpation of authority or official functions of any officer of any foreign government The act performed, without the offender being lawfully entitled to do so, must pertain to the government, or to any person in authority, or to any public officer If the purpose is for causing damage, it must be damage to public interest Signing a fictitious name in an application for passport is publicly using such fictitious name Where a person takes the place of another who has been convicted by final judgment, he is guilty of using a fictitious name punishable under this Article Fictitious Name – any other name which a person publicly applies to himself without authority of law Com Act No. 142 regulates the use of aliases

Wearing the uniform of an imaginary office is not punishable An exact imitation of a uniform or dress is unnecessary Page 24 of 75

Criminal Law II Reviewer 3. 180 False Testimony Against a Defendant

1. 2. 3. 4.

That said insignia, uniform or dress is used publicly and improperly That there be a criminal proceeding That the offender testifies falsely under oath against the defendant therein That the offender who gives false testimony knows that it is false that the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment

False Testimony – committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it Nature of Crime of False Testimony – particularly odious when committed in judicial proceedings, as it constitutes an imposition upon the court and seriously exposes it to a miscarriage of justice 181 False Testimony Favorable to Defendant

Nature of the Crime – False testimony favorable to the defendant is equally repugnant to the orderly administration of justice

182 False Testimony in Civil Cases

1. 2.

False testimony is punished because of its tendency to favor or to prejudice the defendant

3. 4. 5.

That the testimony must be given in a civil case That the testimony must relate to the issues presented in said case That the testimony must be false That the false testimony must be given by the defendant knowing the same to be false That the testimony must be malicious and given with an intent to affect the issues presented in said case

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga

RT if the defendant shall have been sentenced to death PM if defendant shall have been sentenced to RT or Perpetua A Mayor if defendant shall have been sentenced to correctional penalty or a fine, or shall have been acquitted

1.

A Mayor in max to PC in minimum and a fine not to exceed P1,000 – if prosecution is for a felony punishable by an afflictive penalty A Mayor – in any other case PC in minimum and a fine not to exceed P6,000

1.

A Mayor in max to PC in minimum and fine not to exceed P1,000

3.

2. 3. 4.

2. 3.

1. 2.

Penalty for false testimony against the defendant in a criminal case depends upon the sentence imposed on the person against whom the false testimony was given Defendant must be sentenced at least to a correctional penalty, or a fine, or must be acquitted Witness who gave false testimony is liable even if his testimony was not considered by the court The law intends to punish the mere giving of false testimony

False testimony by negative statement is in favor of defendant The false testimony favorable to the defendant need not benefit the defendant Rectification made spontaneously after realizing the mistake is not false testimony

The testimony given in civil case must be false Article 182 is not applicable when the false testimony is given in special proceedings Penalty depends on amount of the controversy a. PC in minimum and a fine not to exceed P6,000 – if amount in controversy shall exceed P5,000 b. A Mayor in max to PC in minimum and fine not to exceed P1,000 – if amount in controversy shall not exceed said Page 25 of 75

Criminal Law II Reviewer

183 False Testimony in Other Cases and Perjury in Solemn Affirmation

1. 2.

Two ways of Committing Perjury a. By falsely testifying under oath; and b. By making a false Affidavit Elements of Perjury a. That the accused made a statement under oath or executed an affidavit upon a material matter b. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath c. That in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and d. That the sworn statement or affidavit containing the falsity is required by law

Vena V. Verga

A Mayor in maximum to PC in minimum

4.

Material Matter – it is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies

5. 6. 7.

Competent Person Authorized to Administer Oath – a person who has a right to inquire into the questions presented him upon matters under his jurisdiction

1. 2. 3.

That the offender offered in evidence a false witness or false testimony That he knew the witness or the testimony was false That the offer was made in a judicial or official proceeding

Offer of Evidence begins the moment a witness is called to the witness stand and interrogated by counsel

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

2.

3.

Oath – any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully Affidavit – sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer

184 Offering False Testimony in Evidence

1.

8. 9.

Respective penalties provided in this section

1.

amount or cannot be estimated There must be competent proof of materiality Distinguish: a. Material – when it is directed to prove a fact in issue b. Relevant – when it tends in any reasonable degree to establish the probability or improbability of a fact in issue c. Pertinent – when it concerns collateral matters which make more or less probable the proposition at issue If the false testimony given by the witness Is not important, essential or material to the principal matter under investigation, it cannot properly be held that perjury is committed No perjury if defendant subscribed and swore before a clerk in treasurer’s office since clerk in not a competent person authorized to administer oaths The assertion of falsehood must be willful and deliberate Good faith or lack of malice is a defense in perjury Even if there is no law, requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient Two contradictory sworn statements are not sufficient to convict of perjury Subornation of Perjury – committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty Even if there was conspiracy between false witness and party who presented him, the witness having desisted before he could testify on any material matter, he is NOT liable, because desistance during the attempted stage of execution is an absolutory cause which exempts him from Page 26 of 75

Criminal Law II Reviewer

Vena V. Verga

2. 185 Machinations, Monopolies, and Combinations

186 Monopolies and Combinations in Restraint of Trade

1.

By soliciting any gift or promise as a consideration for refraining from taking part in any public auction a. That there be a public auction b. That the accused solicited any gift or promise from any of the bidders c. That such gift or promise was the consideration for his refraining from taking part in that public auction d. That the accused had the intent to cause the reduction of the price of the thing auctioned 2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice a. That there be a public auction b. That the accused attempted to cause the bidders to stay away from the public auction c. That is was done by threats, gifts, promises or any other artifice d. That the accused had the intent to cause the reduction of the price of the thing auctioned Acts Punished as Monopolies: 1. Combination to prevent free competition in the market by entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market 2. Monopoly to restrain free competition in the market by monopolizing any merchandise or object of trade or commerce, or by combining with any other person(s) to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise a. Person Liable – manufacturer, producer, processor, or importer of any merchandise or object of commerce b. Crime Committed by – combining, conspiring, or agreeing with any person

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC in minimum period and a fine ranging from 10% to 50% of the value of the thing auctioned

1. 2. 3.

4. 5.

PC in minimum or a fine ranging from P200 to P6,000, or both

1.

2. 3. 4.

5.

criminal liability Article 184 applies when the offender does not induce a witness to testify falsely Crime is consummated by mere solicitation “Other artifice” includes the use of trickery An attempt to cause prospective bidders to stay away from an auction by means of threats, gifts, etc, with the intent that the thing auctioned should command a lesser price, is sufficient to constitute an offense The threat need not be effective nor the offer or gift accepted for the crime to arise Reason for the Provision: execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors

The theory in penalizing monopolies and combinations in restraint of trade is that competition, not combination, should be the law of trade Any property possessed under any contract or combination contemplated in this article, shall be forfeited to the Government The law intends to punish the mere conspiracy or combination at which it is aimed If the offense affects any food substance, motor fuel or lubricants or other article of prime necessity, it is sufficient for the imposition of the higher penalty that the initial steps have been taken toward carrying out the purposes of combination When the offense is committed by a corporation or association, the president and directors or managers are liable as principals thereof; But the president and directors or managers are only liable if they: a. knowingly permitted, or Page 27 of 75

Criminal Law II Reviewer c.

187 Importation and Disposition of Falsely Marked Articles 188 Substituting and Altering Trademarks, Trade names, or Service marks

Purpose – to make transactions prejudicial to lawful commerce, or to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines 1. That the offender imports, sells, or disposes of any of those articles or merchandise 2. The stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys 3. The offender knows that stamps, brands, or marks fail to indicate the actual fineness or quality of the metals or alloys Acts Punishable: 1. By substituting the trade name or trademark of some other manufacturer or dealer, or a colorable imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of commerce and selling the same 2. By selling or by offering for sale such articles of commerce, knowing that the trade name or trademark has been fraudulently used 3. By using or substituting the service mark or some other person, or a colorable imitation of such mark, in the sale or advertising of his services 4. By printing, lithographing, or reproducing trade name, trademark, or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used

Vena V. Verga

Trade Name – name or designation identifying or distinguishing an enterprise Trade Name Distinguished from Trademark 1. Trade name is used in trade to designate a particular business of certain individuals considered as an entity; trademark is used to indicate the origin or ownership of the goods to which it is affixed 2. Trade name, unlike trademarks, are not necessarily attached or affixed to the goods of the owner

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

b.

PC or a fine ranging from P200 to P1,000

1. 2. 3.

PC in minimum or a fine ranging from P500 to P2,000 or both

1.

2. 3.

4. 5.

6. 7. 8.

9.

failed to prevent the commission of such offense

Articles of merchandise involved: gold, silver, other precious metals, or their alloys. Selling the misbranded articles is not necessary Article 187 does not apply to manufacturer of misbranded articles made of gold, silver, etc. The trade name, etc. used by the offender need not be identical with the infringed trade name, etc of the offended party; a colorable imitation is sufficient There must not be differences which are glaring and striking to the eye Mark – any visible sign capable of distinguishing the foods (trademark) or service (service mark) of an enterprise and shall include a stamped or marked container The trademark’s function is to indicate the origin or ownership of the goods to which it is fixed The objects of trademark are to point out distinctly the origin or ownership of the article to which it is affixed, to secure to him, who has been instrumental in brining into market a superior article of merchandise, the fruit of his industry and skill, and to prevent fraud and imposition It is not necessary that the goods of the prior user and the late user of the trademark are of the same categories The trade name or trademark must be registered Trademark must not be merely descriptive or generic The exclusive right to an originally valid trademark or trade name is lost, if for some reason it loses its distinctiveness or has Page 28 of 75

Criminal Law II Reviewer

189 Unfair Competition, Fraudulent Registration of Trade Name, trademark, or service mark, Fraudulent designation of Origin, and False Description

Acts Punished: 1. By selling his goods, giving them the general appearance of the goods of another manufacturer or dealer (Unfair Competition) a. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b. That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in the (c) device or words therein, or (d) any other feature of their appearance c. That the offender offers to sell(s) those goods or gives other persons a chance or opportunity to do the same with a like purpose d. That there is actual intent to deceive public or defraud a competitor 2. By (a) affixing to his goods or using in connection with his services a false designation of origin, or any false description or representation, and (b) by selling such goods and services 3. By procuring fraudulently from the patent office the registration of trade name, trademark, or service mark

Vena V. Verga

Penalty provided for in the next preceding article

1. 2. 3.

4.

5. 6.

Smuggling or Illegal Importation: requisites: 1. that the merchandise must have been fraudulently or knowingly imported contrary to law 2. that the defendant, if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment or sale of the merchandise 3. that the defendant must be shown to have knowledge that the merchandise had been illegally imported

7. /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

become “publici juris” Mere offer for sale completes the commission of the crime Evidence of actual fraudulent intent is not necessary The basis for penalizing unfair competition is that no one shall, by imitating or any unfair device, induce the public to believe that the goods he offers for sale are the goods of another, and thereby appropriate to himself the value of the reputation which the other has acquired for the products or merchandise manufactured or sold by him The true test of unfair competition is whether certain goods have clothed with an appearance which is likely to deceive ordinary purchaser exercising ordinary care, and not whether a certain limited class of purchaser with special knowledge not possessed by the ordinary purchaser could avoid mistake by the exercise of this special knowledge Master is liable for acts of servant Infringement of Trademark or Tradename distinguished from Unfair Competition a. UC is broader and more inclusive b. In UC, the offended party has identified in the mind of the public the goods he manufactures or deals in from those of others; while in infringement, the offended party has identified a peculiar symbol/mark with his goods and thereby has acquired a property right in such symbol/mark c. In UC, the offender gives his goods the general appearance of the goods of another manufacturer / dealer and sells the same; while in infringement, the offender uses the trademark or tradename of another manufacturer or dealer and sells his goods on which the trademark is affixed The use of duly stamped or marked Page 29 of 75

Criminal Law II Reviewer

Vena V. Verga containers is regulated

190 – 194 195 – 199

Repealed by Dangerous Drugs Act of 1972 Amended by PD 1602 Prescribing Stiffer Penalties in Illegal Gambling 196 Acts Punished: Importation, 1. By importing into the Philippines from any foreign place or sale and port any lottery ticket or advertisement Possession of 2. By selling or distributing the name in connivance with the Lottery importer Tickets or 3. By possessing, knowingly and with intent to use, lottery Ads tickets or advertisements 4. By selling or distributing the same without connivance with the importer

197 198 Illegal Betting on Horse Races

Repealed by PD 483 Betting, Game-Fixing or Point-Shaving and Machinations in Sport Contests Acts Punishable: 1. By betting on horse races during the periods NOT allowed by law

A Mayor in maximum to PC in minimum or a fine ranging from P200 to P2,000, or both – importation or selling and distributing A Menor or fine not exceeding P2,000 or both – possessing

1.

A Menor or fine not exceeding P200, or both

1.

2. 3. 4.

2. 4.

By maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom, during the periods not allowed by law

A Mayor or a fine from P200 to P2,000, or both

3. Amended by PD 449 Cockfighting Law of 1974 Persons Liable: 1. Any person who directly or indirectly participates in cockfighting, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law 2. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or organizes such cockfights, at a place other than a licensed cockpit

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Menor or a fine not exceeding P200 or both

Totalizer – machine for registering and indicating the number and nature of bets made on horse races Horse Races Prohibited on: a. July 4th of every year

b. 2.

199 Illegal Cockfighting

The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use of the same If the defendant can establish that he did not know of the existence of the lottery ticket, the presumption is destroyed It is not necessary that the lottery tickets be genuine, as it is enough that they be given the appearance of lottery tickets If the lottery tickets are counterfeit, they cannot give rise to the evil sought to be eradicated

1. 2.

December 30th of every year c. Any registration or voting days d. Holy Thursday and Good Friday The race held on the same day and at the same place is punishable as separate offenses There is no liability if there is no betting or use of totalizer Permitting gambling of any kind in cockpit is punished under the same Decree Spectators in a cockfight are not liable

Page 30 of 75

Criminal Law II Reviewer 200 Grave Scandal

201 Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows

202 Vagrants and Prostitutes

1. 2.

Vena V. Verga

That the offender performs an act(s) That such act(s) be highly scandalous as offending against decency or good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this Code 4. That the act or acts complained of be committed in a public place or within the public knowledge or view Grave Scandal – consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same

A Mayor and Public Censure

Publicity is essential

PM or a fine ranging from P6,000 to P12,000 or both

Moral – conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene – something offensive to chastity, decency, delicacy

2.

3. 4.

Those Liable: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals 2. Authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same 3. Thos who, in theaters, fairs, cinematographs, etc., exhibit indecent or immoral plays, scenes, acts, etc. it being understood that the obscene literature or indecent or immoral lays, etc. whether in live or in file, which are proscribed by virtue hereof 4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptors, etc. which are offensive to morals Vagrants: 1. Any person having no apparent means of subsistence, who has physical ability to work and who neglects to apply himself to some lawful calling 2. Any person found loitering about public or semi-public buildings or places, or tramping or wandering about the country or the streets without visible means of support 3. Any idle or dissolute person who lodges in houses of illfame; ruffians or pimps and those who habitually associate with prostitutes

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1.

1. 2. 3.

4. 5. 6. 7. 8. A Menor or a fine not exceeding P200

1.

In case of recidivism, A Mayor in medium to PC in minimum or a fine from P200 to

3.

2.

4. 5.

Decency – propriety of conduct; proper observance of the requirements of modesty, good taste, etc. Customs – established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof If the act(s) of the offender are punished under another article of this code, Article 200 is not applicable The acts must be performed in a public place or within the public knowledge or view The author of obscene literature is liable only when it is published with his knowledge In every case, the editor publishing is liable The test of obscenity is whether the tendency of the matter charged as obscene is to deprave or corrupt those minds are open to such immoral influences, an d into who shads such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency Mere nudity in pictures or paintings is not an obscenity “Give Away” should be read as “distribute” Pictures with slight degree of obscenity not used for art’s sake but for commercial purposes, fall under this Article The object of the law is to protect the morals of the public Disposition of articles – to be forfeited in favor of the government Only par. 1 and 2 requires absence of visible means of support Mendicancy and abetting mendicancy are punished Giving of alms thru organized agencies operation under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law Dissolute – lax, unrestrained, immoral Ruffians – brutal, violent, lawless persons Page 31 of 75

Criminal Law II Reviewer 4.

Any person who, not being included in the provision of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose Prostitute – a woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

203 Who are Public Officers

204 Knowingly Rendering Unjust Judgment

1.

2.

1. 2. 3. 4.

Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and That his authority to take part in the performance of public functions or to perform public duties must be: a. by direct provision of the law, or b. by popular election c. by appointment by competent authority That the offender is a judge; That he renders a judgment in a case submitted to him for decision That the judgment is unjust That the judge knows that his judgment is unjust

Misfeasance improper performance of some act which might lawfully be done

Vena V. Verga P2,000 or both

6. 7.

1. 2.

PM and Perpetual Absolute Disqualification (PAD)

1.

2. 3. 4.

Malfeasance performance of an act which ought NOT to be done Nonfeasance omission of some act which ought to be performed

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

5. 6.

Pimp – one who provides gratification for the lust of others Sexual intercourse is not absolutely necessary

The term “public officers” embraces every public servant from the highest to the lowest Temporary performance of public functions by a laborer makes him a public officer

Judgment – final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding Unjust Judgment – one which is contrary to law, or is not supported by the evidence, or both An unjust judgment is rendered knowingly, when it is made deliberately and maliciously Sources of Unjust Judgment: a. Error – no liability for error in good faith b. Ill-will or Revenge c. Bribery There must be evidence that the judgment is unjust – it cannot be presumed Judgment must be contrary to law and not supported by evidence Page 32 of 75

Criminal Law II Reviewer

205 Rendering Judgment Thru Negligence

1. 2.

206 Rendering Unjust Interlocutory Order

1. 2.

207 Malicious Delay in the Admin of Justice 208 Dereliction of Duty in Prosecution of Offenses

Vena V. Verga 7.

There must be evidence that the judge knew that his judgment is unjust A manifestly unjust judgment is one so manifestly contrary to law, that even a person having a meager knowledge of the law cannot doubt the injustice Abuse of discretion or mere error of judgment, where there is not proof or even allegation of bad faith, or ill motive, is not punishable Interlocutory Order – issued by court between commencement and end of a suit or action and which decides some point/matter but which, however, is not a final decision of matter in issue Test in Determining: “Does it leave something to be done in the trial court with respect to the merits of the case?” a. if it does – it is interlocutory b. if it doesn’t – it is final Mere delay without is not a felony under this article Delay is Malicious – the delay is cause by the judge with deliberate intent to inflict damage on either party in the case Negligence – under this article is not merely lack of foresight or skill, but neglect of duties of office by maliciously failing to move the prosecution and punishment of the delinquent Malice is an important element “Officers of the Law” includes all those of the prosecution who, by reasons of the position held by them, are duty-bound to cause the prosecution (includes Chief of Police and barrio lieutenant) “Maliciously” signifies deliberate intent Crime committed by the law-violator must be proved first before the person charged with dereliction can be made liable RPC not applicable to revenue officers

That the offender is a judge; that he renders a judgment in a case submitted to him for decision That he judgment is manifestly unjust That it is due to his inexcusable negligence or ignorance

A Mayor and Temporary Special Disqualification (TSD)

1.

That the offender is a judge; That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree; or b. renders a manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance

A Mayor in minimum and Suspension

1.

That That That That

the offender is a judge there is a proceeding in his court he delays the administration of justice the delay is malicious

PC in minimum

Acts Punishable: 1. By maliciously refraining from institution prosecution against violators of the law 2. By maliciously tolerating the commission of offenses

PC in minimum period and suspension

3. 4.

1. 2. 3. 4.

Elements: 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses 2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission

Suspension

2.

2.

1. 2. 1.

2. 3.

4. 5. 6.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Page 33 of 75

Criminal Law II Reviewer

Vena V. Verga

209 Betrayal of Trust by an Attorney or Solicitor

Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client

In addition to proper administrative action, PC in minimum or a fine ranging P200 – P1,000

210 Direct Bribery

Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present – and act constituting a crime, in connection with the performance of his official duties

PM in medium and maximum and fine of not less than value of gift and not less than 3x value of gift, in addition to the penalty corresponding to crime agreed upon and Special Temporary Disqualification (STD) – if the same crime should have been committed and if the act does not constitute a crime and officer executed the act

2.

By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty

3.

By agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise

Elements: 1. That the offender be a public officer within scope of Article 203 2. That the offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. That such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC in medium and fine of not less than 2x value of gift and STD – if act shall not have been accomplished

1.

2. 3.

Under first act, there must be DAMAGE to his client Under 2nd act, damage is NOT necessary

Under 3rd act, if the client consents to the attorney’s taking the defense of the other party, there is no crime 4. Procurador Judicial – a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before an inferior court First Element: 3. Temporary performance of public functions is sufficient to constitute a person a public officer 4. It is believed that it does not cover a private individual because the additional penalty of STD has no practical application Second Element: 1. Gift may be received by public officer himself or thru a 3rd person 2. Bribery exists: a. when the gift is offered voluntarily by a private person b. when the gift is solicited by a public officer and the private person voluntarily delivers it to the public officer c. when the gift is solicited by a public officer, as the consideration for his refraining from the performance of an official duty and the private person 3. A promise of gift to a public officer who accepts such promise is sufficient under 1 st paragraph 4. In 2nd paragraph, the gift must be ACCEPTED 5. If the offer is not accepted, only the person offering the gift is criminally liable 6. The gift must have a value or be capable of pecuniary estimation Page 34 of 75

Criminal Law II Reviewer

2.

211 Indirect Bribery

1. 2. 3.

pertains to the official duty of the officer In bribery, the offender refrained from doing his official duty in consideration of a gift received or promised; while in crime of prevaricacion this element is NOT necessary

That the offender is a public officer That he accepts gifts That the said gifts are offered to him by reason of his office

Direct Bribery Distinguished from Indirect Bribery: 1. In both, the public officer receives a gift 2. In direct bribery, there is an agreement between the public officer and the giver; in indirect bribery, usually, no such agreement exists 3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise; in indirect bribery, in is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered to him by reason of his office 211-A Qualified Bribery

1. 2. 3.

Vena V. Verga

That the offender is a public officer or entrusted with law enforcement That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Mayor, suspension in minimum and medium and public censure No attempted or frustrated indirect bribery

Third Element: 1. The act which the public officer agrees to perform must be connected with the performance of official duties 2. It is not bribery if the act is in discharge of a mere moral duty 3. The fact that the act agreed to be performed is in excess of his power, jurisdiction, or authority is no defense, EXCEPT: if act is so foreign to duties of office as to lack even color of authority 4. In bribery, the gift or present must be given to the public officer to corrupt him 1. The gift is usually given to the public officer in anticipation of future favor from the public officer 2. There must be a clear intention on the part of the public officer to take the gift so offered and consider the same as his own property 3. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is NOT sufficient to lead the court to conclude that the crime of indirect bribery has been committed 4. People vs. Pamplona (pg. 361) – considered indirect bribery even if there was a sort of agreement between public officer and giver; reason: the act executed by the accused was NOT unjust, therefore it cannot be direct bribery

Penalty for offense which was not prosecuted – first paragraph Penalty of death – if it is the public officer who asks or demands such gift or present Page 35 of 75

Criminal Law II Reviewer 212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses

1.

That the offender offers or promises or gives gifts or presents to a public officer 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery Acts Punishable as Frauds Against Public Treasury: 1. By entering into any agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to property or funds. 2. By demanding, directly or indirectly, the payment of sums different form or larger than those authorized y law, in the collection of taxes, licenses, fees, and other imposts. 3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts 4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts

Vena V. Verga Same penalties imposed upon officer corrupted except disqualification and suspension PC medium to PM minimum, or a fine ranging from P200 to P10,000, or both Provisions of Administrative Code – when culprit is an officer or employee of BIR or BOC

Elements of Frauds against Public Treasury: 1. That the offender be public officer 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds 4. That the accused had intent to defraud the government

214 Other Frauds

Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. That the offender is a public officer 2. That he takes advantage of his official position

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

In addition to the penalties prescribed in the

1. 2.

Offender in this article is the giver or offeror The public officer sought to be bribed, is not criminally liable, unless he accepts the gift or consents 3. Bribery is usually proved by evidence acquired in entrapment 1. Public officer must act in his official capacity – the public officer must have the duty to deal with any person with regard to furnishing supplies, etc. 2. The crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the government 3. It is not necessary that the government is actually defrauded by reason of the transaction. 4. It is sufficient that the government is actually defrauded by reason of the transaction. 5. Mere demand for larger or different amount is sufficient to consummate the crime 6. Collecting officer must issue official receipts to be guilty of illegal exactions 7. When there is DECEIT in demanding greater fees than those prescribed by law, the crime committed is estafa and not illegal exaction. 8. Tax collector need not account for tax collected 9. If a tax collector collected a sum larger than that authorized by law and spent all of them is guilty of 2 crimes; a. Illegal exaction, for demanding a greater amount b. Malversation, for misappropriating the amount extracted 10. Officer or employee of BIR or BOC not covered by this article 1. 2.

The public officer must take advantage of his official position Frauds and Deceits Enumerated in Chapter Page 36 of 75

Criminal Law II Reviewer 3.

215 Prohibited Transactions

1. 2. 3. 4.

That he commits any of the frauds or deceits enumerated in Articles 315 to 318

That the offender is an appointive public officer That he becomes interested, directly or indirectly, in any transaction of exchange or speculation That the transaction takes place within the territory subject to his jurisdiction That he becomes interested in the transaction during his incumbency

Vena V. Verga provisions of Chapter 6, Title 10, Book 2 of this Code, the penalty of TSD in maximum to PSD

PC minimum or a fine ranging from P200 to P1,000, or both

217 Malversation of Public Funds or Property – Presumption of Malversation

People Liable for Possession of Prohibited Interest: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted 3. Guardians and executors with respect to the property belonging to their wards or estate Embezzlement – also called malversation Acts Punishable in Malversation: 1. By appropriating public funds or property includes every attempt to dispose of the same without right 2. By taking or misappropriating the same the funds or property taken need not be misappropriated for it to be consummated 3. By consenting, or thru abandonment or negligence, permitting any other person to take such public funds or

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1. 2. 3.

Example of Appointive Public Officer: - justices, judges or fiscals, employees engaged in the collection and administration of public funds 216 Possession of Prohibited Interest by a Public Officer

3.

4. 5. A Mayor medium period to PC minimum period, or a fine ranging from P200 to P1,000, or both

1. 2.

PC in medium and maximum – if amount does not exceed P200

1.

PM minimum and medium – if amount is more than P200 by not exceeding P6,000

3.

3.

2.

4.

6, Title 10, Book 2 of this Code: a. Estafa b. Other Forms of Swindling c. Swindling a Minor d. Other Deceits The RTC, and not the MTC, has jurisdiction when this article is involved, regardless of amount or penalty involved because the MTC has not jurisdiction to impose the penalty of disqualification The transaction must be one of exchange or speculation It is sufficient that the appointive officer has an interest in any transaction of exchange or speculation Purchasing of stocks or shares in a company is simply an investment and is not a violation of the article Buying regularly securities for resale is speculation Appointive officer should not devote himself to commerce Actual fraud is not necessary Intervention must be by virtue of public office held An officer who intervenes in contract or transaction which has no connection with his office CANNOT commit the crime defined in Article 218

The offender in malversation under this article must be a public officer defined in Article 203 Nature of the duties of the public officer, not name of office, is controlling Funds or property must be received in official capacity When a public officer had no authority to receive the money for the government and upon receipt if the same he misappropriated it, the crime committed is estafa Page 37 of 75

Criminal Law II Reviewer

4.

property negligence must be positive and clearly shown to be inexcusable, approximating malice or fraud By being otherwise guilty of the misappropriation or malversation of such funds or property

Elements Common to All Acts of Malversation: 1. That the offender be a public officer 2. That he had the custody or control of funds or property by reason of the duties of his office 3. That those funds or property were public funds or property for which he was accountable 4. That he appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them To be guilty of Malversation, Public officer must have: 1. The official custody of public funds or property or the duty to collect or receive funds due the government, and 2. The obligation to account for them to the government

Vena V. Verga

PM maximum to RT minimum, if amount more than P6,000 but less than P12,000 RT medium and maximum, if amount more than P12,000 but less than P22,000 RT maximum to RP if amount exceeds P22,000

5.

6. 7. 8. 9. 10. 11. 12.

13. 14. 15. 16. 17. 18. 19.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A public officer having only a qualified charge of government property without authority to part with physical possession of it unless upon order from his immediate superior, cannot be held liable for malversation (Webster and Wickersham rulings) Webster and Wickersham cases not applicable when the accused had authority to receive money pertaining to the government A private person conspiring with an accountable public officer in committing malversation is also guilty of malversation Government funds include revenue funds and trust funds Private property may be involved in malversation The measure of negligence is the standard of care commensurate with the occasion In malversation not committed thru negligence, lack of criminal intent or good faith is a defense Presumption from failure to have duly forthcoming public funds or property upon demand: Prima Facie evidence that he has put such to personal use Presumption may be rebutted The return of the funds is only mitigation, not exempting circumstance When a shortage is paid by the public officer from his pocket, he is not liable for malversation Borrowing money to replace funds – malversation Borrowing money to replace funds – when missing amount is found in some unaccustomed place, he is NOT liable Previous demand is not necessary in malversation in spite of last paragraph of Article 217 A person whose negligence made possible the commission of malversation by another can be held liable as principle by Page 38 of 75

Criminal Law II Reviewer

218 Failure of Accountable Officer to Render Accounts

1.

219 Failure to Render Accounts before Leaving the Country

1. 2.

220 Illegal Use of Public Funds or Property

1. 2.

2. 3. 4.

3.

3. 4.

Vena V. Verga

That the offender is a public officer, whether in the service or separated therefrom That he must be an accountable officer for public funds or property That he is required by law or regulation to render accounts to the COA, or to a provincial auditor That he fails to do so for a period of two months after such accounts should be rendered That the offender is a public officer That he must be an accountable officer for public funds or property That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from COA a certificate showing that his accounts have been finally settled

PC in minimum, or fine ranging from P200 to P6,000, or both

A Mayor or fine ranging from P200 to P1,000, or both

The act of leaving the country must be unauthorized or not permitted by law

That the offender is a public officer That there is public fund or property under his administration That such public fund or property has been appropriated by law or ordinance That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance

PC minimum or a fine ranging from ½ to total value of sum misapplied, with TSD – if damage or embarrassment resulted

1.

Fine from 5-50% of sum misapplied – if no damage or embarrassment resulted 221 Failure to Make Delivery of

indispensable cooperation in complex crime of malversation thru falsification of a public document by reckless negligence 20. Damage to the government is NOT necessary 1. Demand for accounting is not necessary 2. Reason why Mere Failure to Render Account is Punishable: performance of the duty 3. Misappropriation is not necessary in order to be liable under this article

Acts Punishable: 1. By failing to make payment by public officer who is under obligation to make such payment from Government funds in his possession

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Mayor and fine from 5-25% of sum he failed to pay

The public finds or property must be appropriated by law or ordinance for a particular purpose 2. Illegal Use of Public Funds or Property Distinguished from Malversation under Article 217: a. Both crimes – offenders are accountable public officers b. Illegal Use of Public Funds/Property – offender does not derive any personal gain or profit; Malversation – offender in certain cases profits from proceeds of crime c. Illegal Use – public fund/property is applied to another public use; Malversation – public fund or property is applied to personal use and benefit of offender or of another person Refusal to make delivery of property must be MALICIOUS.

Page 39 of 75

Criminal Law II Reviewer Public Funds or Property

222 Officers Included in the Preceding Provisions

223 Conniving with or Consenting to Evasion

224 Evasion Through Negligence

2.

By refusing to make delivery by a public officer who had been ordered by competent authority to deliver any property in his custody or under his administration

Elements of Failure to Make Payment: 1. That the public officer has government funds in his possession 2. That he is under obligation to make payment from such funds 3. That he fails to make the payment maliciously Private Individuals Who May be Liable from Arts. 217221: 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depository of funds or property, attached, seized or deposited by pubic authority, even if such property belongs to a private individual 1. 2.

That the offender is a public officer That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment 3. That such prisoner escaped from his custody 4. That he was in connivance with the prisoner in the latter’s escape Classes of Prisoners Involved: 1. Fugitive sentenced by final judgment to any penalty 2. Fugitive held only as detention prisoner for any crime or violation of law or municipal ordinance

1. 2. 3.

That the offender is a public officer That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment That such prisoner escapes thru his negligence

Liability of Escaping Prisoner: 1. Convict by reason of final judgment – Article 157 2. Detention Prisoner – no liability /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga

Under 2nd paragraph, Fine shall be graduated by value to thing, provided that it shall not be less than P50 Provisions of this chapter shall apply

1. 2. 3. 4.

PC medium and maximum and TSD maximum to PSD – sentenced by final judgment to any penalty PC minimum and TSD – fugitive not finally convicted but only held as detention prisoner A Mayor maximum to PC minimum and TSD

1. 2. 3.

4. 5. 1. 2.

3.

Purpose: to extend the provision of this Code on malversation to private individuals Sheriffs and receivers fall under the term “administrator” Judicial administrator is not covered by this article Private property is included, provided it is attached, seized, or deposited with public authority Connivance with the prisoner in his escape is an indispensable element Detention Prisoner – person in legal custody, arrested for, and charged with, some crime or public offense Release of detention prisoner who could not be delivered to the judicial authority within the time fixed by law, is not infidelity in the custody of the prisoner Leniency or laxity is not infidelity (e.g. prisoner allowed to eat in restaurant near municipal building) Relaxation of Imprisonment is considered infidelity The prisoner is either a convict by a final judgment or detention prisoner What is punished invasion thru negligence is such a definite laxity as all but amounts to deliberate non-performance of duty on the part of the guard (e.g. falling asleep, lack of adequate precautions) The fact that public officer recaptured the prisoner does not afford complete exculpation Page 40 of 75

Criminal Law II Reviewer 225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Conceal-ment or Destruction of Documents

1. 2. 3. 4. 1. 2. 3. 4.

That the offender is a private person That the conveyance or custody of a prisoner or person under arrest is confided to him That the prisoner or person under arrest escapes That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place thru his negligence That the offender be a public officer That he abstracts, destroys or conceals documents or papers That the said documents or papers should have been entrusted to such public officer by means of his office That damage, whether serious or not, to a third party or to the public interest should have been caused

Acts Punishable in Infidelity in Custody of Documents: 1. Removing 2. Destroying 3. Concealing, documents or papers officially entrusted in the offending public officer

Vena V. Verga Penalty next lower in degree than that prescribed for the public officer

This article does not apply if a private person was the one who made the arrest and consented to the escape of the person he arrested

PM and fine not exceeding P1,000 – serious damage

3.

PC minimum and medium and fine not exceeding P1,000 – damage not serious

5.

228 Opening of

4. 1. 2.

That the offender is a public officer That he is charged with the custody of papers or property That these papers or property are sealed by proper authority That he breaks the seals or permits them to be broken That offender is a public officer That any closed papers, documents, or objects are

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

7.

9. 10.

11.

Document – written instrument by which something is proved or made of record

1. 2. 3.

6.

8.

Infidelity in Custody of Document distinguished from Malversation and Falsification 1. Malversation and Falsification – when postmaster received money orders, signed as payee, collected and appropriated the respective amounts 2. Infidelity in Custody of Papers – when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit

227 Officer Breaking Seal

4.

12.

PC minimum and medium, TSD and fine not exceeding P2,000 A Mayor, TSD and fine not

13. 1. 2. 1. 2.

Public officer must be officially entrusted with the documents or papers The document must be COMPLETE and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets, etc. are not documents Papers includes checks, promissory notes, and paper money Post office official who retained the mail without forwarding to their destination is guilty under this article. Money bills received as exhibits in court are papers The removal must be for an illicit purpose The removal is for an illicit purpose when intention is to a. tamper with it, or b. to profit by it; or c. to commit an act constituting breach of trust in official care thereof Deemed consummated upon removal from or secreting away from usual place in the office and after offender had gone out and locked the door Infidelity in custody by destroying or concealing it does not required proof of illicit purpose There must be damage, great or small It is the breaking of the seals, not the opening of a closed envelope, which is punished Damage or intent to cause damage is NOT necessary Custody – guarding; keeping safe; care Closed documents must be entrusted to the Page 41 of 75

Criminal Law II Reviewer Closed Documents

3. 4.

entrusted to his custody That he opens or permits to be opened said closed papers, documents or objects That he does not have proper authority

Vena V. Verga exceeding P2,000 3. 4.

229 Revelation of Secrets by an Officer

Elements of No. 1: 1. That the offender is a public officer 2. That he knows a secret by reason of his official capacity 3. That he reveals such secret without authority or justifiable reasons 4. That damage, great or small, be cause to the public interest Elements of No. 2: 1. That the offender is a public officer 2. That he has charge of papers 3. That those papers should not be published 4. That he delivers those papers or copies thereof to a 3rd person 5. That the delivery is wrongful 6. That damage be caused to public interest

230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience

Revelation Distinguished from Infidelity: 1. Papers contain Secrets – revelation 2. Papers do not contain Secrets - Infidelity 1. That the offender is a public officer 2. That he knows of the secrets of a private individual by reason of his office 3. That he reveals such secrets without authority or justifiable reason

PC medium and maximum, PSD, and fine not exceeding P2,000 – serious damage

1.

PC minimum, TSD, and fine not exceeding P500 – not so serious

2. 3. 4.

5. 6.

A Mayor and fine not exceeding P1,000

1. 2. 3.

1. 2. 3. 4.

That the offender is a judicial or executive officer That there is a judgment, decision or order of a superior authority That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Mayor medium to PC minimum, TSD maximum, and fine not exceeding P1,000

custody of the accused by reason of his office The act should not fall under Article 227 (Breaking of Seal) Damage or intent to cause damage NOT element Acts Punishable: a. By revealing any secrets known to the offending public officer by reason of his official capacity b. By delivering wrongfully papers or copies of his papers which he may have charge and which should NOT be published Secrets must affect public interests Espionage is not contemplated in this article This article only punishes minor official betrayals, infidelities of little consequence, affecting usually the administration of justice, executive or official duties, or the general interest of the public order Offender must have charge of papers or copies of papers Damage is an element under Article 229

Revelation to one person is sufficient, for public revelation is not required. When the offender is an attorney at law or a solicitor, Article 209 is applicable and not 230 Damage to private individuals not necessary

The act constitution the crime is the open refusal to execute judgment, decision or order

Page 42 of 75

Criminal Law II Reviewer 232 Disobedience to Order of Superior Officer, When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance

1. 2. 3. 4. 5.

1. 2. 3.

234 Refusal to Discharge Elective Office

1. 2. 3.

Vena V. Verga

That the offender is a public officer That an order is issued by his superior for execution That he has for any reason suspended the execution of such order That his superior disapproves the suspension of the execution of the order That the offender disobeys his superior despite the disapproval of the suspension

PC minimum and medium and PSD

That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously

A Mayor medium to PC minimum, PSD and fine not exceeding P1,000 – serious damage

That the offender is elected by popular election to public office. That he refuses to be sworn in or to discharge the duties of said office That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1. 2.

A Mayor medium and maximum, fine not exceeding P500 – not so serious damage A Mayor or fine not exceeding P1,000 or both

1. 2.

1. 2. 3.

Reason for Provision: superior officer may sometimes err, or orders may proceed from a mistaken judgment The article does not apply if the order of the superior is illegal

Demand must be from a competent authority Damage to public interest is essential, great or small

Refusal must be without legal motive Reason for Provision: matter of duty to discharge duties of said office Article 234 NOT applicable to appointive officer

Page 43 of 75

Criminal Law II Reviewer 235 Maltreatment of Prisoners

236 Anticipation of Duties of Public Office

237 Prolonging Performance of Duties and Powers 238 Abandonmen t of Office or Position

1. 2. 3.

1. 2. 3. 4. 1. 2. 3. 1. 2. 3. 4.

That the offender is a public officer or employee That he has under his charge a prisoner or detention prisoner That he maltreats such prisoner in either of the following manners: a. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner

That the offender is entitled to hold a public office or employment, either by election or appointment That the LAW requires that he should first be sworn in and/or should first give a bond He assumes performance of duties and powers of such office That he has not taken his oath and/or given bond required That the offender is holding a public office That the period provided by law, regulations or special provisions for holding such office, has already expired That he continues to exercise the duties and powers of such office That the offender is a public officer That he formally resigns from his position That his resignation has not yet been accepted That he abandons his office to the detriment of the public service

Qualifying Circumstance: preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga PC medium period to PM in minimum, in addition to liability for physical injuries or damages caused under paragraph 1

1.

PM in minimum, TSD and fine not exceeding P6,000, in addition to liability for physical injuries or damage caused Suspended until complied with formalities and fine from P200P500

5.

PC minimum, TSD minimum, and fine not exceeding P500

Public officer who has been suspended, separated, declared overaged, or dismissed cannot continue to perform the duties of his office

A Mayor – to detriment of public service

1.

PC minimum and medium, and A Mayor – if to evade duty of preventing, prosecuting or

2. 3. 4.

6. 7.

2.

The public officer must have actual charge of the prisoner to hold him liable fro maltreatment of prisoner Offended party must be a convict or detention prisoner To be detention prisoner, the person arrested must be placed in jail even for a short while The maltreatment must relate to the correction or handling of the prisoner, or must be for the purpose of extorting a confession or of obtaining some information from the prisoner If physical injuries were due to a personal grudge, it would not fall under this article Offender may also be liable for physical injuries or damage caused No complex crime of maltreatment with serious or less serious physical injuries

There must be a written or formal resignation Abandonment Distinguished from Negligence in Prosecution of Offenses (Article 208): a. Abandonment – committed by any public officer; Article 208 – committed by public officers who have the duty to institute prosecution for punishment of violation of the law b. Abandonment – public officer abandons Page 44 of 75

Criminal Law II Reviewer Nations and Crimes against Public Order) 239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions

1. 2.

242 Disobeying Request for Disqualificati on

1. 2. 3.

243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointment s

1. 2.

245 Abuses Against Chastity

1. 2.

1. 2. 1. 2.

4.

3.

1. 2. 3. 4.

3.

Vena V. Verga punishing

office to evade discharge of duties; Article 208 – public officer does not abandon office

That the offender is a executive or judicial officer That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof That the offender is a judge That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers That the offender is an officer of the executive branch of the government That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction That the offender is a public officer That a proceeding is pending before such public officer That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided That he has been lawfully required to refrain from continuing the proceeding That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice

PC minimum, TSD, and fine not exceeding P1,000 A Mayor in medium period to PC in minimum period A Mayor medium to PC minimum

A Mayor, and fine note exceeding P500

1.

That the offender is a public officer That he nominates or appoints a person to a public office That such person lacks the legal qualifications therefore That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment That the offender is a public officer That he solicits or makes immoral or indecent advances to a woman 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

A Mayor and a fine not exceeding P1,000

1.

PC medium and maximum and TSD

1.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Legislative officers are not liable for usurpation of powers – only Article 177 (Usurpation of authority or official functions) Articles 239-241 punish interference by officers of one of the 3 departments of government with function of officers of another department

A Mayor and fine not exceeding P500

2.

2. 3.

2. 3. 4.

Purpose of the provision is to maintain the independence of the judiciary Legislative or judicial officers are not liable under Article 243

The offense is committed by nominating or by appointing. Recommending is not a crime There must be law that provides for the qualifications or a person to be nominated or appointed to a public office Solicit – 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 Page 45 of 75

Criminal Law II Reviewer b.

246 Parricide

1. 2. 3.

Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons 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 That a person is killed That the deceased is killed by the accused That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendent, or the legitimate spouse, of the accused

Vena V. Verga

RP to Death

1. 2. 3. 4. 5. 6.

Note: 1. Other ascendants or descendants must be legitimate 2. Father, mother, or child may be legitimate or illegitimate

7. 8. 247 Death or Physical Injuries Inflicted Under Exceptional Circumstances

1.

2.

That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse

* Note: This article does not define and penalize a penalty

Surprise – to come upon suddenly and unexpectedly

Destierro – if accused killed or inflicted serious physical injuries on spouse or other person

Cases when Parricide is not punished with RP to Death: 1. Parricide committed through negligence (Article 365) 2. When it is committed by mistake (Article 249) 3. When it is committed under exceptional circumstances (Article 247)

Exempt from punishment – if inflicted physical injuries of any kind

* Note: - Justification for this article: burst of passion

Destierro is intended to protect spouse from reprisals by

3.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1. 2.

3. 4. 5. 6. 7. 8. 9.

Relationship of the offender with the victim is the essential element of this crime Parents and children are not included in the term “ascendants” or “descendants” The child should not be less than 3 days old, otherwise the crime is infanticide Spouse must be legitimate Relationship must be alleged There is crime of parricide thru reckless imprudence There is also parricide by mistake A stranger who cooperates in parricide will not be guilty of parricide by only homicide or murder Required to be a legally married person The article does not seem to require that the parent be legitimate, it requires only that she is under 18 and that she is living with her parents The article does not seem to apply to a married daughter Surprising the spouse or daughter in ACT of sexual intercourse in indispensable This article is not applicable when the accused did not see his spouse in the act of sexual intercourse with another person It is enough however that the circumstances show reasonably that the carnal act is being committed or has just been committed There is conflict of opinion on whether “sexual intercourse” includes preparatory acts The killing or inflicting of injuries must be: (a) in the act of sexual intercourse, or (2) immediately thereafter The discovery, the escape, the pursuit and the killing must all form part of one Page 46 of 75

Criminal Law II Reviewer

Vena V. Verga relatives of deceased spouse

248 Murder

1. 2. 3. 4.

249 Homicide

That a person was killed That the accused killed him That the killing was attended by any of the qualifying circumstances mentioned in Article 248 The killing is not parricide or infanticide

Murder – unlawful killing of any person which is NOT parricide or infanticide, provided the following circumstances are present: 1. 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 2. In consideration of a price, reward or promise 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, great waste and ruin 5. With evident premeditation 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse *Note: read discussion in Article 13 on Aggravating Circumstances 1. That a person is killed 2. That the accused killed him without any justifying circumstances

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

RP to Death

RT

continuous act 10. The killing must be the direct by-product of the accused’s rage 11. The killing of the spouse by accused must be by reason of having surprised her in the act of sexual intercourse with another person 12. Article 247 applies only when spouse surprises other spouse in flagrant adultery 13. No criminal liability if physical injuries are less serious or slight 14. Accused cannot be held liable for injuries sustained by 3rd persons as a result thereof, since he was NOT committing a felony 1. The offender must have intent to kill to be liable for murder committed by means of fire, or other means enumerated in par. 3 of Article 248 2. Killing a person with treachery is murder even if there is no intent to kill 3. Rules for application of the circumstances which qualify the killing to murder: a. Murder will exist with only one of the circumstances described in Article 248 b. When the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating c. Any of the qualifying circumstances enumerated in Article 248 must be ALLEGED in the information 4. Treachery and premeditation are inherent in murder by poison 5. When the intention of accused was merely to sexually excite a woman, and not to kill her, the crime is homicide 6. Outraging – commit an extremely vicious or deeply insulting act 7. Scoffing – jeer, and implies a showing of irreverence 1.

Penalty for homicide will be one degree higher when the victim is under 12 years of age Page 47 of 75

Criminal Law II Reviewer 3. 4.

Vena V. Verga

That the accused had the intention to kill, which is presumed That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide

2. 3. 4.

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

5.

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

6. 7. 8.

Corpus Delicti – actual commission of the crime charged; means that the crime was actually perpetrated, and does not refer to the body of the murdered person 250 Penalty

9. 1. 2.

Frustrated Parricide, Murder or Homicide - Penalty lower by one degree than that which should be imposed under provisions of Article 50

3.

Attempted Parricide, Murder or Homicide – Penalty lower by one under provisions of Article 51 251 Death Caused in Tumultuous Affray

1. 2. 3. 4. 5. 6.

That there be several persons That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally That there several persons quarreled and assaulted one another in a confused and tumultuous manner That someone was killed in the course of the affray That it cannot be ascertained who actually killed the deceased That the person or persons who inflicted serious physical injuries or who used violence can be identified

Tumultuous Affray – the disturbance is caused by more than three persons who are armed or are provided with means of violence

4. PM – in case of death of victim, though it cannot be ascertained who killed him, if person who inflicted serious physical injuries can be identified PC in medium and maximum – all those who used violence upon victim

1. 2. 3.

4.

Intent to kill is conclusively presumed when death results Evidence of intent to kill is important only in attempted or frustrated homicide Intent to kill must be proven beyond reasonable doubt That the death of the deceased was due to his refusal to be operated on is NOT a defense The killing must not be justified No offense of frustrated homicide thru imprudence Where the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each of them is guilty of homicide This article is permissive, not mandatory Court may impose penalty 2 degrees lower for frustrated parricide, murder or homicide Court may impose penalty 3 degrees lower for attempted parricide, murder or homicide An attempt against the life of the Chief Executive, etc. is punishable by death When there are two identified groups of men who assaulted each other, then there is no tumultuous affray The person killed in the course of the affray need not be one of the participants in the affray If the one who inflicted the fatal wound is know, the crime is NOT homicide in tumultuous affray but HOMICIDE under Article 249 against the one who inflicted the fatal wound The serious physical injuries, if inflicted by one of the participants, should not be the cause of the death of the deceased

Persons Liable for Death in Tumultuous Affray: 1. Person(s) who inflicted the serious physical injuries 2. If it is not known who inflicted the serious physical injuries /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Page 48 of 75

Criminal Law II Reviewer

Vena V. Verga

on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability 252 Physical Injuries Caused in Tumultuous Affray

253 Giving Assistance to Suicide

1. 2. 3. 4.

That there is a tumultuous affray as referred to in the preceding article That a participant(s) thereof suffer serious physical injuries or physical injuries of a less serious nature only That the person responsible therefore cannot be identified That all those who appear to have used violence upon the person of the offended party are known

Acts Punishable as Giving Assistance to Suicide: 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extend of doing the killing himself

1st paragraph – Penalty next lower in degree than that provided for the physical injuries so inflicted 2nd Paragraph – A Mayor from 5 to 15 days PM – any person who shall assist another to commit suicide

1. 2.

3. 4.

1. 2.

RT – lending assistance to the extent of doing the killing himself

3.

A Mayor medium and maximum – if suicide is not consummated

5.

4.

6. 7.

254 Discharge of Firearms

1. 2.

That the offender discharges a firearm against or at another person That the offender has no intention to kill that person

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC minimum and medium – any person who shall shoot at another firearm unless frustrated or attempted parricide, murder or homicide, or any other crime

1. 2. 3. 4. 5.

Victim must be one or some of the participants in the affray Only the one who used violence in liable The 2nd paragraph seems to refer to less serious physical injuries It is believed that in providing the penalty of Arresto Mayor for physical injuries of a less serious nature in a tumultuous affray, the legislature intended to EXCLUDE slight physical injuries This article does not distinguish and does not make any reference to the relation of the offender with the person committing suicide A person who attempts to commit suicide is not criminally liable 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 – practice of painlessly putting to death a person suffering from some incurable disease Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not want to die. A doctor who resorts to mercy killing of his patient may be liable for suicide There must be no intention to kill The purpose of offender is only to intimidate or frighten the offended party If the firearm is NOT discharged at a person, there is no crime of discharge of firearm Discharge towards the house of victim is not illegal discharge of victim Firing a gun against the house of the offended party at random, not knowing in what part of the house the people inside Page 49 of 75

Criminal Law II Reviewer

Vena V. Verga for which a higher penalty is prescribed by articles of this code

6.

7. 8.

255 Infanticide

1. 2. 3.

That a child was killed That the deceased child was less than 3 days (72 hours) of age That the accused killed the said child

Infanticide – killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger

Penalty provided for parricide (Art. 246) and Murder (Art. 248) PM medium and maximum – if committed by the mother of child for purposes of concealing dishonor RT – if crime committed for same purpose by maternal grandparents or either of them

256 Intentional Abortion

Ways of Committing Intentional Abortion: 1. By using any violence upon the person of the pregnant woman 2. By acting, but without using violence, without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. By acting (by administering drugs or beverages), with the consent of the pregnant woman Elements:

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

RT – if he shall use any violence upon the person of the pregnant woman PM – if, without using violence, he shall act without the consent of the

1.

2. 3. 4. 5.

6. 1.

2.

were, is only crime of Alarm Complex crime of illegal discharge of firearm with serious or less serious physical injuries – when in illegal discharge of firearm, the offended party is hit and wounded There is no complex crime when only slight physical injuries (light felony) are inflicted A public officer who fires his revolver in the air in order to capture some gamblers and to prevent them from escaping is NOT guilty of this crime The penalty is for parricide or murder, but the name of the crime is always infanticide a. Father or mother or legitimate ascendant who kills child of less than 3 days old to suffer penalty of parricide b. Other persons who kills a child less than 3 days old to suffer the penalty for murder Concealing dishonor is not an element of infanticide; it merely mitigates the liability of mother or maternal grandparents Reason for mitigating circumstance: obfuscation for fear of dishonor Delinquent mother who claim concealing dishonor must be of good reputation No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life when it was killed A fetus about 6 months old cannot subsist by itself, outside the maternal womb Persons Liable for Intentional Abortion a. Person who intentionally caused abortion – under Article 256 b. Woman, if she consented – under Art. 258 c. Woman, if she did not consent – NOT liable Abortion distinguished from Infanticide a. Infanticide – if fetus can sustain an independent life after its separation from the maternal womb, and is killed Page 50 of 75

Criminal Law II Reviewer 1. 2. 3.

257 Unintentional Abortion

4. 1. 2. 3. 4.

That there is a pregnant woman That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman 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 That the abortion is intended That there is a pregnant woman That violence is used upon such pregnant woman without intending an abortion That the violence is intentionally exerted That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom

Vena V. Verga woman

b.

PC medium and maximum – if woman shall have consented

PC minimum and medium

1. 2. 3. 4.

* Note: - Violence is actual physical force

5. 6. 7.

258 Abortion Practiced by the Woman Herself or by her Parents

259 Abortion Practiced by a Physician

1. 2. 3.

That there is a pregnant woman who has suffered an abortion That the abortion is intended That the abortion is caused by: a. the pregnant woman herself b. any other person, with her consent c. any of her parents, with her consent, for the purpose of concealing her dishonor

Cases Covered by Article 258: 1. Abortion committed by woman upon herself or by any other person with her consent 2. Abortion by the woman upon herself to conceal her dishonor 3. Abortion by any of the parents of the woman with the latter’s consent to conceal her dishonor Elements for Physician or Midwife 1. That there is a pregnant woman who has suffered an abortion 2. That the abortion is intended

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Abortion – otherwise

PC medium and maximum – woman who practices abortion on herself; parents of woman or either of them to conceal dishonor

1.

2. 3.

PC minimum and medium – any woman who does it to conceal dishonor Penalties provided for in Article 256 in maximum period

1. 2.

This crime is committed only by violence The violence must be intentionally exerted There is unintentional abortion thru imprudence There are conflicting decisions on whether the accused is liable for abortion even if he did not know that the woman was pregnant There is a complex crime of homicide with unintentional abortion There is complex crime of parricide with abortion Article 257 does not apply when there is no intent to cause abortion and there is no violence Woman is liable: a. when she shall practice an abortion upon herself b. when she shall consent that any other person should do so Liability of pregnant woman is mitigated if purpose is to conceal dishonor No mitigation for parents of pregnant woman even if the purpose is to conceal dishonor, unlike in infanticide

Penalty for intentional abortion is imposed in maximum period on physician or midwife Reason for Maximum penalty: used knowledge for destruction of human life, Page 51 of 75

Criminal Law II Reviewer or Midwife and Dispensing of Abortives

3. 4.

That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion That said physician or midwife takes advantage of his or her scientific knowledge or skill

Elements for Pharmacists: 1. That the offender is a pharmacist 2. That there is no proper prescription from a physician 3. That the offender dispenses any abortive 260 Duel

Acts Punishable in Duel: 1. By killing one’s adversary in duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted Duel – formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who makes the selection of arms and fix all other conditions of the fight

261 Challenging to Duel

Persons Liable in Duel: 1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principles 2. The seconds, as accomplices Acts Punished under this Article: 1. By challenging another to a duel 2. By inciting another to give or accept a challenge to a duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga – who takes advantage of scientific knowledge or skill A Mayor and a fine not exceeding P1,000 – pharmacist RT – if he should kill his adversary Penalty provided therefore, according to their nature – in case of physical injuries A Mayor – combatants, although no physical injuries have been inflicted PC minimum

3. 4.

1. 2. 3.

where it should only be used for preservation It is not necessary that the pharmacist knows that the abortive would be used to cause an abortion What is punished is the act of dispensing abortive; it’s not necessary that the abortive be actually used

If death results, the penalty is the same as that for homicide General principle: when there is intent to kill, the inflicting of physical injuries is either attempted or frustrated homicide The code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted upon the adversary

Persons Responsible Under this Article: 1. Challenger 2. Instigator

Page 52 of 75

Criminal Law II Reviewer 262 Mutilation

1.

2.

263 Serious Physical Injuries

By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction a. That there be castration (mutilation of organs necessary for generation such as a penis or ovarium) b. That the mutilation is caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction By intentionally making other mutilation, that is, by lopping or 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.

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, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which we were theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. Classes of Serious physical injuries: (a) consequences of the injuries inflicted, (b) nature and character of the wound inflicted, and (c) the proper penalty Physical Injuries Distinguished from Attempted or Frustrated Homicide: a. In both, the offender inflicts physical injuries, however homicide may be committed, even if no physical injuries are inflicted b. There is no intent to kill in physical injuries

Vena V. Verga RT to RP – essential organ for reproduction PM medium and maximum – other mutilation

1. 2. 3. 4. 5.

PM – under no. 1

1.

PC medium and maximum – under no. 2

2.

PC minimum and medium – under no. 3 A Mayor maximum to PC minimum – under no. 4

3. 4.

5. 6. 7.

8. 9. 10. 11. 12. 13.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Mutilation of the first kind is castration which must be made purposely. The penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age. The offender must have the intention to deprive the offended party of a part of his body. Mutilation – lopping or clipping off of some part of the body Mayhem – other intentional mutilation Committed by wounding, beating, assaulting or administering injurious substance May be committed by reckless imprudence, or by simple imprudence or negligence. There must not be intent to kill Blindness (Must be Complete) and Loss of an Eye a. Paragraph 1 – must be both eyes b. Paragraph 2 – one eye only Loss of Power to Hear a. Paragraph 2 – both ears b. Paragraph 3 – one ear only Loss of hand or incapacity of usual work must be permanent Paragraph 2 refers to principal members of the body, while Paragraph 3 covers any other member which is not principal member of body Deformity requires (a) physical ugliness, (b) permanent and definite abnormality, and (c) conspicuous and visible. Deformity by loss of teeth refers to injury which cannot be repaired by action of nature There is illness for a certain period of time, when the wound inflicted did not heal within that period Medical attendance is not important in serious physical injuries In Par 2 and 3, offended party must have an avocation or work at the time of the injury Par 4 speaks of incapacity for any kind of Page 53 of 75

Criminal Law II Reviewer

Vena V. Verga

Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation – must have been caused purposely and deliberately 2. Physical Injuries – this intention is not present

264 Administering Injurious Substances or Beverages

1. 2. 3.

That the offender inflicted upon another any serious physical injury That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity That he had no intent to kill

labor 14. Where the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must be evidence of the length of that period; otherwise the offense is only slight physical injuries 15. Lessening of efficiency is not incapacity 16. Serious physical injuries by excessive chastisement by parents is not qualified. Penalties established by the next preceding article

1. 2. 3. 4.

265 Less Serious Physical Injuries

266 Slight Physical Injuries and Maltreatment

Qualified Less Serious Physical Injuries 1. Paragraph 2: a. there is manifest intent to insult or offend the injured person b. there are circumstances adding ignominy to the offense 2. Paragraph 3: a. the offender’s parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault

Fine not exceeding P500 in addition to A Mayor – 2nd paragraph

Kinds of Slight Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance during the same period 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3. Ill-treatment of another by deed without causing any injury

A Menor – par 1 A Menor or fine not exceeding P200 – par 2 A Menor minimum or fine not exceeding P50 - par 3

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC in minimum and medium – paragraph 3

1.

2. 3. 4. 1. 2.

Knowingly administering is an essential element Administering injurious substance means introducing into the body the substance This article does not apply when the physical injuries that result are less serious or slight Taking advantage of weakness or credulity may take place in case of witchcraft, philters, magnetism, etc. Matters to Note: a. That the offended party is incapacitated for labor for 10 days or more (but not more than 30), or needs medial attendance for same period of time b. That the physical injuries must not be those described in the preceding articles Medical attendance or incapacity is required It is only slight physical injury when there is no medical attendance or incapacity for labor Actual medical attendance is required When there is no evidence of actual injury, it is only slight physical injuries Example of paragraph 3 is slapping the face of offended party

Page 54 of 75

Criminal Law II Reviewer 266-A Rape 266-B Penalties

Paragraph 1: 1. Offender is a man 2. Offender had carnal knowledge of a woman 3. Such act is accomplished under any of the ff circumstance: a. by using force or intimidation; or b. when the woman is deprived of reason or otherwise unconscious; or c. by means of fraudulent machination or grave abuse of authority; or d. when the woman is under 12 years of age or demented Paragraph 2: 1. Offender commits an act of sexual assault 2. That the act of sexual assault is committed by any of the following means: a. by inserting his penis into another person’s mouth or anal orifice; or b. by inserting any instrument or object into the genital or anal orifice of another person 3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 Qualifying Circumstances: 1. When by reason or on occasion of the rape, a homicide is committed 2. When victim is under 18 and offender is parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within 3rd civil degree, or common-law spouse of the parent of victim 3. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution 4. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 5. When the 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 6. When the victim is a child below 7 years of age. 7. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga Rape committed under any of the 4 Circumstances: a. Par. 1 – RP b. Par. 2 – PM

1. 2.

Rape committed with use of deadly weapon or by 2 or more persons: a. Par. 1 – RP to death b. Par. 2 – PM to RT

5.

Rape where victim becomes insane: a. Par. 1 – RP to death b. Par. 2 – RT Attempted Rape and Homicide: a. Par. 1 – RP to death b. Par. 2 – RT to RP

3. 4.

6. 7. 8. 9. 10. 11.

12. 13.

Rape with Homicide: a. Par. 1 – death b. Par. 2 – RP

14.

Rape with Aggravating Circumstances: a. Par. 1 – death b. Par. 2 - RT

17.

15. 16.

18. 19.

Offender may now be a male or female. In rape under par. 1, there must be sexual intercourse Penetration, even partial, is necessary Only one of the four circumstances is necessary Force need not be irresistible, but it should be present and brings the desired results Force employed need not be of such character as could be resisted Intimidation includes the moral kind, such as the fear caused by threatening When the offender has ascendancy or influence over victim, it is not necessary that she put up a determined resistance Rape may be proved by the uncorroborated testimony of the offended Deprivation of reason contemplated by law need not be complete Stages of Rape: a. Consummated – enough that there was penetration, even partial/slight b. Frustrated – none c. Attempted – intent on the part of accused to have carnal knowledge of woman Resignation to consummated act is NOT consent Character of offended woman immaterial in rape There is a crime of multiple rape by 2 or more offenders Rape is punished by death when any of the qualifying circumstances are present Rape with homicide is a special complex crime When homicide is committed NOT by reason or on the occasion of the rape, such as while the woman was dying, the accused had carnal intercourse with her, it may be considered as ignominy. Indemnity in Rape – P50,000 Indemnity in Qualified Rape – P75,000 Page 55 of 75

Criminal Law II Reviewer

Vena V. Verga

the virus or disease is transmitted to the victim. When committed by any member of AFP or paramilitary 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 9. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 10. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime 11. 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 1. Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. 2. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty

20. Indemnity in Rape with Homicide – P50,000 and P50,000 respectively (P100,000) 21. Damages in Rape a. Moral Damages – P50,000 without need of proof b. Exemplary Damages – if one or more aggravating circumstances was committed

8.

266-C Effect of Pardon

1. 2. 3.

266-D Presumptions

1.

267 Kidnapping and Serious Illegal Detention

1. 2.

2.

Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or Where the offended party is so situated as to render him/her incapable of giving consent That the offender is a private individual That he kidnaps or detains another, or in any other manner deprives the latter of his liberty d. The person kidnapped or detained is a minor (except when the accused is any of the parents), female or a public officer.

Special Complex Crime of Kidnapping with Murder – effectively eliminated the distinction drawn by courts between those cases where the killing was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought Illegal Detention Distinguished from Arbitrary Detention; 1. Illegal Detention is committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty; Arbitrary Detention is committed by public officer or employee who detains a person without legal /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

RP to Death – any of the 4 circumstances Death – purpose of extorting ransom Maximum penalty – if victim is killed or dies, or raped or subject to torture or dehumanizing acts

1. 2. 3. 4. 5. 6. 7. 8.

Effect of marriage – extinguishes not only the penal action, but likewise the penalty that may be imposed Marriage extinguishes the penal action and the penalty only as to the principal and not to the accomplices and accessories The crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio

If the offender is a public officer, the crime is arbitrary detention When a victim is a minor and the accused is one of the parents – A mayor or a fine not exceeding P300, or both Intention to deprive victim of his liberty for purpose of extorting ransom is essential in crime Actual demand for ransom is not necessary The accused is not liable when there is lack of motive to resort to kidnapping Detention or locking up of victim is essential, but it is not necessary that it is an inclosure and restraint need not be permanent Detention must be illegal, i.e. when not ordered by competent authority or not permitted by law Deprivation of one’s liberty is essential Page 56 of 75

Criminal Law II Reviewer

2.

268 Slight Illegal Detention

1. 2.

269 Unlawful Arrest

1. 2.

3. 4.

3.

Vena V. Verga

ground Illegal Detention is a crime against personal liberty and security; Arbitrary Detention is a crime against the fundamental law of the State

That the offender is a private individual That he kidnaps or detains another, or in any other manner deprives him of his liberty That the act of kidnapping or detention is illegal That the crime is committed without the attendance of any of the circumstances enumerated in Article 267

That the offender arrests or detains another person That the purpose of the offender is to deliver him to the proper authorities That the arrest or detention is not authorized by law or there is no reasonable ground therefore

RT – offender and person who furnished place for perpetration of crime PM minimum and medium and a fine not exceeding P700 – voluntary release A Mayor and a fine note exceeding P500

Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention

270 Kidnapping and Failure to

1. 2.

That the offender is entrusted with the custody of a minor person (below 21 years of age) That he deliberately fails to restore the said minor to his

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

RP A Mayor or a fine not exceeding

element 9. Restraint by robbers is not illegal detention 10. The purpose is immaterial when any of the 4 circumstances in the first paragraph is present 11. Where a person is taken from one place to another solely for the purpose of killing him 12. Ransom – money, price or consideration paid or demanded for redemption of a captured persons, a payment that releases from captivity 13. Conspiracy to extort ransom makes all conspirators liable under the 2nd paragraph, including those who did not take any part of the money 1. Participation of accomplice in furnishing place is raised to that of a real co- principal 2. Privileged mitigating circumstance in slight illegal detention: a. Voluntarily releases person so kidnapped or detained within 3 days from commencement of detention b. Without having attained purpose intended c. Before the institution of criminal proceedings against him 1. The offender is any person, whether a public officer or a private individual 2. There is no unlawful arrest when the arrest is authorized by a warrant issued by the court 3. Distinguished from Article 125: a. Article 126 – detention is for legal grounds; in unlawful arrest – detention is illegal b. Article 125 – crime is failing to deliver person; in unlawful arrest – crime is making unauthorized arrest 4. Motive of offender is controlling 5. No period of detention is fixed 1. This covers all minors, whether under or over 7 years of age 2. What is punished is the deliberate failure of Page 57 of 75

Criminal Law II Reviewer Return a Minor

271 Inducing a Minor to Abandon His Home

272 Slavery

273 Exploitation of Child Labor

274 Services Rendered Under Compulsion in Payment

parents or guardians Distinguishing Article 267 and Article 270: 1. In Article 267 – the offender is not entrusted with custody 2. In Article 270 – the offender is entrusted with custody of minor 1. That a minor is living in the home of his parents or guardian or person entrusted with his custody 2. That the offender induces said minor to leave such home

1. 2.

That the offender purchases, sells, kidnaps or detains a human being. That the purpose of the offender is to enslave such human being

Slavery and Kidnapping or Illegal Detention Distinguished: a. Slavery – purpose is to enslave victim b. Kidnapping or Illegal Detention – any other purpose 1. That the offender retains a minor in his service 2. That it is against the will of the minor 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 1. 2. 3.

That the offender compels a debtor to work for him, either as household servant or farm laborer That it is against the debtor’s will That the purpose is to require or enforce the payment of a debt

Vena V. Verga P300 or both – when the crime is committed by father or mother PC and a fine not exceeding P700 – offender is any person A Mayor or a fine not exceeding P300, or both – offender is parent PM and a fine not exceeding P10,000 Maximum Period – if purpose is to assign to immoral traffic PC minimum and medium and a fine not exceeding P500 A Mayor maximum to PC minimum

3.

1. 2.

1. 2.

1. 2.

1.

2.

3. 275 Abandonmen t of Persons

Acts Punishable: 1. Failing to render assistance to any person whom offender finds in an uninhabited place wounded or in danger of

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

A Mayor

1.

the custodian of the minor to restore the latter to his parents or guardians Kidnapping and failure to return a minor is necessarily included in Kidnapping and Serious Illegal Detention The inducement must be actual, committed with criminal intent, and determined by a will to cause damage The minor should not leave his home on his own free will

If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher. The employment or custody of a minor with the consent of the parent or guardian although against the child’s will cannot be considered to be involuntary servitude The service of the minor must be against his will The existence of indebtedness constitutes no legal justification for holding a person and depriving him of his freedom to live where he wills The article specifically provides that the debtor is compelled to work as household servant or farm laborer and not any other work This article, like Article 273, punishes a form of slavery, but Article 274 does not distinguish whether the victim is a minor or not Under this article it is the debtor who is compelled to work for the offender, while in Article 273 it is the minor Paragraph 2 of this article applies only when someone is accidentally injured by the accused Page 58 of 75

Criminal Law II Reviewer in Danger and Abandonmen t of One’s Own Victim

2. 3. 276 Abando-ning a Minor

1. 2. 3. 4.

dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense a. The place is uninhabited b. The accused found there a person wounded or in danger of dying c. The accused can render assistance without detriment to himself d. The accused fails to render assistance Failing to help or render assistance to another whom the offender has accidentally wounded or injured Failing to deliver a child, under 7 years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place That the offender has the custody of a child That the child is under 7 years of age That he abandons such child That he has not intent to kill the child when the latter is abandoned

Qualifying Circumstances: 1. When death of the minor resulted from such abandonment, or 2. if the life of the minor was in danger because of the abandonment 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 without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities a. The offender has charge of the rearing/education of a minor b. He delivers minor to a public institution or other persons c. 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 (offender’s) children by not giving them the education which their station in life requires and financial condition permits a. That the offender is a parent

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga 2. 3. 4.

A Mayor and a fine not exceeding P500 PC medium and maximum – results in death of minor PC minimum and medium – endanger life of minor A Mayor and a fine not exceeding P500

1. 2.

3. 4. 1. 2. 3.

4.

It is immaterial that the offender did not know that the child is under 7 years old Paragraph 3 applies to one who found a lost child The child under 7 years of age must be found by the accused in an unsafe place

When there is intent to kill this article does not apply Intent to kill cannot be presumed from the death of a child a. Crimes against Persons – intent to kill is presumed b. Crimes against Security – intent to kill is not presumed A permanent, conscious and deliberate abandonment is required by this article Parents guilty of abandoning their children shall be deprived of parental authority Rear – bring to maturity by educating, nourishing, Only the person charged with “the rearing or education” of the minor is liable Article 276 Distinguished from Article 277 a. Article 276 – the custody of the offender is general; Article 277 – the custody of the offender is specific (custody for the rearing or education of minor) b. Article 276 – minor is under 7; Article 277 – minor is under 21 [18] c. Article 276 – minor is abandoned in such a way as to deprive him of the care and protection that his tender years need; Article 277 – minor is delivered to a public institution or other person Failure to give education must be due to Page 59 of 75

Criminal Law II Reviewer b.

278 Exploitation of Minors

279 Additional Penalties 280 Qualified Trespass to Dwelling

That he neglects his children by not giving them education c. That his station in life requires such education and his financial condition permits it 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, the offender being an acrobat, etc. or circus manager or person 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 the said callings 4. By delivering a child under 16 gratuitously to any person following any of the calling 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 The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code. 1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latter’s will

Vena V. Verga

Exceptions: 1. If the entrance to another’s dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person 2. If the purpose is to render some service to humanity or justice 3. If the place where entrance is made is a café, tavern, inn, and other public houses, while the same are still open /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

deliberate desire to evade such obligation

PC in minimum and medium and a fine not exceeding P500 Maximum period – if delivery shall have been made in consideration of any price, compensation, or promise

1.

2. 3. 4.

A Mayor and fine note exceeding P1,000 PC medium and maximum and fine not exceeding P1,000 – committed by means of violence

5. 6.

7. 8. 9.

Exploitation of minors distinguished from Inducing a minor to abandon his home a. Exploitation of minors – if the purpose is to follow any of the mentioned callings; Inducing Minor – if there is no such purpose b. Exploitation – victim must be under 16; Inducing minor – minor under 21 [18] Offender shall be deprived of parental authority or guardianship Exploitation of minors must refer to act endangering the life or safety of the minor Qualifying Circumstance – if delivery is made in consideration of any price, compensation or promise

If the offender is a public officer, the crime would be violation of domicile Lack of permission does not amount to prohibition, there must be opposition on the part of the owner of the house to the entry of the accused Prohibition may be implied in certain instances (e.g. considering time, door was closed, etc.) Prohibition must be in existence prior to or at the time of the entrance What is intended to be protected and preserved is the privacy of one’s dwelling Page 60 of 75

Criminal Law II Reviewer

Vena V. Verga

Qualifying Circumstance – if the offense is committed by means of violence or intimidation Dwelling Place – any building or structure exclusively devoted for rest and comfort 281 Other Forms of Trespass

1.

That the offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is uninhabited That the prohibition to enter be manifest That the trespasser has not secured the permission of the owner or the caretaker thereof

A Menor or a fine not exceeding P200, or both

Acts Punished: 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 thought not unlawful, and the offender attained his purpose a. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong b. That such wrong amounts to a crime c. That there is a demand for money or that any other condition is imposed, even though not unlawful d. That the offender attains 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 a. That the offender threatens another person with

Penalty next lower in degree than that prescribed by law for the crime he threatened to commit Penalty lower by 2 degrees – if offender did not attain his purpose

2. 3. 4.

282 Grave Threats

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Maximum Period – if threat in writing or thru a middleman A Mayor and a fine not

10. Violence does not refer to persons only 11. Violence or intimidation may take place immediately after the entrance 12. Trespass may be committed by owner of dwelling 13. If there is no overt act to commit another crime, the crime is only trespass to dwelling 1. Premises – distinct and definite locality 2. Art 281 Distinguished from Trespass to Dwelling: a. Trespass – offender is private person; Other Trespass – any person b. Trespass – offender enters a dwelling house; Other Trespass – enters closed premises or fenced in estate c. Trespass – inhabited; Other Trespass – uninhabited d. Trespass – against the will of the owner; Other Trespass – without securing permission of owner or caretaker e. Trespass – prohibition is express/implied; Other Trespass – prohibition to enter is manifest 1. Penalty will depend on whether or not offender attained his purpose; if the threat is not subject to a condition, the penalty is fixed 2. Qualifying Circumstances: a. Threat made in writing b. Threat made thru a middleman 3. Third form of grave threats must be serious and deliberate 4. If the threat is made in a heat of anger, it is not punished under this article 5. If the condition is not proved, it is grave threats under sub-paragraph 2 6. Essence of the crime of threats is intimidation 7. The act threatened to be committed must be wrong 8. Grave threats may be committed even if the complainant is absent when challenge is made Page 61 of 75

Criminal Law II Reviewer

b. c.

283 Light Threats

1. 2. 3. 4.

284 Bond for Good Behavior

285 Other Light Threats

the infliction upon the latter’s person, honor, or property, or upon the latter’s family, of any wrong That such wrong amounts to a crime That the threat is not subject to a condition

That the offender makes a threat to commit a crime That the wrong does not constitute a crime That there is a demand for money or that other condition is imposed, even though not lawful That the offender has attained or not attained his purpose

Vena V. Verga exceeding P500 – if no condition

A Mayor

Required to Give Bail not to Molest Another: 1. When he threatens another under the circumstances mention in Article 282 2. When he threatens another under the circumstances mention in Article 283

Destierro

1.

A Menor minimum or a fine not exceeding P200

2. 3.

By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense a. Threatening to draw a weapon, even if there is no quarrel b. Drawing a weapon in a quarrel, which is not in lawful self-defense By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat By orally threatening to do another any harm not constituting a felony

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

9.

Crime of grave threats is consummated as soon as the threats come to the knowledge of the person threatened 10. Threats made in connection with the commission of other crimes are absorbed by the latter. 11. The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked of him (crime of robbery) 1. Light threats are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime 2. Blackmailing may be punishable under this article Compared with Article 35 1. Art. 35 is a distinct penalty which provides for bond to keep the peace; this article provides for bond for good behavior 2. Article 35 not made applicable to any particular case; this article applicable only to cases of grave and light threats 3. Failure to give in Article 35 – detained; this article – destierro 1. Article 285 compared with Article 282 and 283 a. Article 285 Par. 2 is similar to 3rd form of grave threats because the harm threatened to be committed is a crime b. Article 285 Par. 3 is similar to light threats, because harm threatened to be committed is not a crime c. Article 285 – there is no demand for money or condition or threat is not deliberate 2. Threats, which ordinarily would be grave threats, if made in heat of anger, may fall under this article 3. Light threats may be committed where the person to whom it is directed is absent Page 62 of 75

Criminal Law II Reviewer 286 Grave Coercions

Ways to Commit: 1. By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong Elements: 1. That a person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong 2. That the prevention or compulsion be effected by violence, threats or intimidation 3. That the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of lawful right Coercion Distinguished from Illegal Detention: illegal detention requires actual confinement or restraint of the person

287 Light Coercions

1. 2. 3. 4.

288 Other Similar

1.

Vena V. Verga PC and a fine not exceeding P6,000 Penalty next higher in degree – violation of right of suffrage; or committed to compel another to perform any religious act; or committed to prevent another from performing any religious act

That the offender must be a creditor That he seizes anything belonging to his debtor That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation That the purpose of the offender is to apply the same to the payment of the debt

A Mayor in minimum and fine equivalent to value of thing, but in no case less than P75 A Menor or a fine P5-P200, or both – any other coercion or unjust vexation

By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the

A Mayor or a fine ranging from

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1.

What is prevented must not be prohibited by law 2. The act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented 3. If the act was already done when violence is exerted, the crime is unjust vexation. 4. Compelling another to do something includes the offender’s act of doing it himself while subjecting another to his will 5. When the complainant is in actual possession of a thing, even if he has not right to that possession, compelling him by means of violence to give up possession, even by owner, is grave coercion 6. Not intimidation by display of force, if arms are not used 7. The force or violence must be immediate, actual or imminent 8. There is no grave coercion when the accused acts in good faith in performance of duty 9. Purpose of Law – enforce the principle that no person may take the law into his own hands 10. Coercion is consummated even if the offended party did not accede to the purpose of the coercion 1. Actual physical violence need not be employed 2. Unjust vexation – includes any human conduct which, although not productive or some physical or material harm would, however, unjustly annoy or vex an innocent person 3. There is no violence or intimidation in unjust vexation 4. Difference between grave and light coercion: use of violence 5. When the act of the accused has no connection with previous acts of violence, it is only unjust vexation 1. Laborers or employees have the right to receive just wages in legal tender Page 63 of 75

Criminal Law II Reviewer Coercions

2.

289 Formation, Maintnance, and Prohibition of Combina-tion of Capital or Labor

1.

290

1.

Discovery of Secrets Thru Seizure of Correspondenc e

2.

laborer or employee of the offender to purchase merchandise or commodities of any kind a. That the offender is any person, agent or officer of any association or corporation b. That he or such firm or corporation has employed laborers or employees c. 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 By paying wage 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 a. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects b. That those tokens or objects are other than the legal tender currency of the Philippines c. That such employee or laborer does not expressly request that he be paid by means of tokens or objects 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 That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers

Vena V. Verga P200 - P500, or both

2.

Inducing an employee to give up any part of his wages by force, stealth, intimidation, threat or by any other means is unlawful under the Labor Code, not under the RPC

A Mayor and a fine not exceeding P300

1.

The act should not be a more serious offense, otherwise it shall be punished under another article Peaceful picketing is part of freedom of speech and is not prohibited Employing violence or making threats by picketers may make them liable for coercion Preventing employee from joining any registered labor organization is punished under the LC and not under the RPC Seize – to place in the control of someone a thing or to give him the possession thereof There must be a taking possession of papers or letters of another, even for a short time only The purpose of the offender must be to discover the secrets of another The offender must be informed of contents of papers or letters This article does not require that the offended party be prejudiced

2. 3. 4.

2. 3. 4.

That the offender is a private individual or even a public officer not in the exercise of his official functions That he seizes the papers or letters of another That the purpose is to discover the secrets of such another person That offender is informed of the contents of the papers or letters seized

Exception: Article 290 not applicable to parents, guardians, or persons entrusted with the custody of minors with respect to papers or letters of the children or minors placed under /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC in minimum and medium and a fine note exceeding P500 if offender reveals secrets

1.

A Mayor and a fine not exceeding P500 if offender shall

4.

2. 3.

5.

Page 64 of 75

Criminal Law II Reviewer their care or custody, or to spouses with respect to the papers or letters of either of them

Vena V. Verga not reveal such secrets

6. 7.

291 Revealing Secrets with Abuse of Office

1. 2.

292 Revelation of Industrial Secrets

1.

3.

2. 3. 4.

That offender is a manager, employee or servant That he learns of the secrets of his principal or master in such capacity That he reveals such secrets

A Mayor and fine not exceeding P500

That offender is a person in charge, employee or workman of a manufacturing or industrial establishment That the manufacturing or industrial establishment has a secret of the industry which the offender has learned The offender reveals such secrets That prejudice is caused to the owner

PC minimum and medium and a fine not exceeding P500

1. 2. 3. 4. 1. 2. 3. 4.

293 Who are Guilty of Robbery

Classification: 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House or Public Building or Edifice devoted to Public Worship b. Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 1. That there be personal property belonging to another 2. That there is unlawful taking of that property 3. That the taking must be with intent to gain 4. That there is violence against or intimidation of any person, or force upon anything Those Guilty of Robbery – Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

1. 2. 3. 4. 5. 6. 7. 8.

Qualifying Circumstance: revealing the secret Distinguished from Public Officer Revealing Secrets of Private Individual (Article 230): a. Article 230 – public officer comes to know secrets by reason of his office b. Article 290 – private individual who seizes papers of another to discover secrets of latter Secrets must be learned by reason of their employment The secrets must be revealed by the offender If the offender does not reveal the secrets, the crime is not committed Damage is not necessary under this article Secrets must relate to manufacturing processes The act constituting the crime is revealing the secret of the industry or employer Revelation may be made after employee has ceased to be connected with the establishment Prejudice is an essential element of the offense The property taken must be personal property and not real property. Prohibitive articles may be subject matter of robbery The property must belong to another Ownership is not necessary; the possession of property is sufficient Naming of the owner is a matter of essential description of the crime of robbery with homicide and not in RVAIP or RFUT The personal property is taken against will of owner Taking must be unlawful Unlawful Taking is complete: a. RVAIP – from moment offender gains possession of the thing b. RFUT – thing must be taken out of building Page 65 of 75

Criminal Law II Reviewer

Vena V. Verga

using force upon anything, shall be guilty of robbery

9.

Distinctions Between Effects of Employment of VAIAP and those of use FUT: 1. Whenever violence against or intimidation of any person is used, the taking is always robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is used to either enter building or to break doors, etc. 2.

In RVAIP, value of personal property is immaterial; penalty depends on: a. result of violence used b. existence of intimidation only

3.

In RFUT, the penalty is based on: a. Value of property taken b. On whether or not the offenders carry arms In RFUT in an uninhabited building, the penalty is based on the value of the property taken

294 Robbery with Violence Against or Intimidation of Persons

Acts Punished: 1. When by reason or on occasion of robbery, crime of homicide is committed 2. When robbery is accompanied by rape or intentional mutilation or arson 3. When by reason or on occasion of such robbery, any of the physical injuring resulting in insanity, imbecility, impotency or blindness is inflicted 4. When by reason or on occasion of such robber, any of the physical injuries resulting in loss of use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted 5. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

RP to death – paragraph 1 (no. 1 and 2) RT medium to RP – paragraph 2 (no. 3) RT – paragraph 3 (no. 4) PM maximum to RT medium – paragraph 4 (no. 5 and 6) PC maximum to

Taking means depriving offended party of ownership of thing taken with character of permanency 10. Intent to gain is presumed from unlawful taking of personal property 11. “Intent to gain” and “personal property belonging to another” must concur 12. Violence must be against person of offended party and not upon thing taken 13. Intimidation need not be threat of bodily harm 14. General Rule: Violence or intimidation must be present before taking personal property is complete Exception: When violence results in (1) homicide, (2) rape, (3) intentional mutilation, or (4) any of the serious physical injuries penalized in par. 1 and 2 of Art. 263, taking of personal property is complexed with any of those crimes under Art. 294, even if taking was already complete when violence was used by the offender 15. Taking of property need not be immediately after the intimidation 16. R.A. 6539 is the law applicable when property taken in robbery is a motor vehicle Robbery with Homicide 1. Crime defined in this article is a special complex crime 2. “On the occasion” or “by reason” means that it must be committed in the course of or because of the robbery 3. Robbery and homicide are separate offenses, when the homicide was not committed “on occasion” or “by reason” of robbery 4. Homicide – should be understood in general sense 5. Juridical concept of robbery with homicide does not limit taking of life to 1 single victim or to ordinary homicide – all homicides or murders are merged in the composite, integrated whole that is robbery with homicide so long as all the killings were Page 66 of 75

Criminal Law II Reviewer 6.

7.

When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated fro labor for more than 30 days If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only

Requisites of Robbery under Second Case of Paragraph 4: 1. That any of the physical injuries defined in paragraphs 3 and 4 of Art. 263 was inflicted in the course of the robbery 2. That any of them was inflicted upon any person not responsible for the commission of the robbery

-

RVAIP under Paragraph 5 of Art. 294 known as simple robbery, because the violence against any person does not result in homicide, rape, intentional mutilation, or any serious physical injuries that give rise to a special complex crime Threats to Extort Money Distinguished from Robbery Thru Intimidation: 1. Both, there is intimidation by offender 2. Both, purpose is identical: to obtain gain 3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or future 4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 5. In robbery, intimidation is directed only to person of victim; In threats, intimidation may refer to person, honor or property of offended party or that of his family 6. In robbery, gain of culprit is immediate; in threats, gain is not immediate Robbery with Violence Distinguished from Grave Coercion: 1. Both, there is violence used by offender 2. In robber, there is intent to gain; in grave coercion, there

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga PM medium – paragraph 5 (no. 7)

perpetrated by reason or on the occasion of the robbery 6. There is no such crime as robbery with murder 7. Robbery with homicide in dwelling does not require that RFUT is first committed 8. An intent to take personal property belonging to another with intent to gain must precede killing 9. Homicide may precede robbery or may occur after robbery 10. The killing of any person by reason of or on occasion of robbery is punished by highest penalty regardless of the person killed, and even if death supervened due to an accident. 11. Where homicide is not proved, the crime is only robbery and vice versa 12. An accessory to robbery with homicide must have knowledge of the commission of both crimes to be liable, not just robbery Robbery with Rape 1. Even if the rape is committed at another place, it is still robbery with rape 2. There is no such crime as robbery with attempted rape, because robbery cannot be a necessary means to commit attempted rape or vice versa 3. When taking of personal property is an independent act following defendant’s failure to consummate the rape, there are 2 crimes: theft and attempted rape 4. Additional rapes committed on same occasion of robbery will not increase penalty 5. If rape and homicide with robbery co-exist, the rape will be considered as an aggravating circumstance Robbery Under Paragraph 5: 1. Violence/intimidation need not be present at any time before or at exact moment when object taken 2. Reason: Asportation is a complex fact, a Page 67 of 75

Criminal Law II Reviewer

Vena V. Verga

is not such element

295 Robbery with Physical Injuries, committed Uninhabited Place and by a band, or use of Firearm 296 Definition of a Band and Penalty Incurred

Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property; Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 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 passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms Outline: 1. When at least 4 armed malefactors take part in commission of a robbery, it is deemed to be committed by a band 2. When any of the arms used in the commission of robber is not licensed, the penalty upon ALL the malefactors shall be the maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms 3. Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same Requisites for Liability for Acts of the Other Members of the Band: 1. That he was a member of the band 2. That he was present at commission of a robbery by that band 3. That the other members of the band committed an assault 4. That he did not attempt to prevent the assault

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3.

Maximum period of proper penalties

1. 2. 3. 4.

Maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms

1.

2. 3.

4.

5.

6.

whole divisible into parts, a series of acts, in course of which personal violence/intimidation may be injected In robbery with intimidation, there must be acts done by the accused which, either by their own nature or by reason of the circumstances under which they are executed, inspire fear in person against whom they are directed Any of the qualifying circumstances must be alleged Being qualifying, it cannot be offset by a generic mitigating circumstance The intimidation with use of firearm qualifies only robbery on a street, road, etc. Article 295 does not apply to robbery with homicide, or rape, or serious physical injuries under par. 1 or Art. 263 To avoid liability, there must be proof that he made an endeavor to prevent the assault committed by another member of the band, in order that he may not be held liable for such assault Clubs are considered as arms When the robbery was not committed by a band, the robber who did not take part in the assault by another is not liable for that assault When robbery was not by a band and homicide was not determined by the accused when they plotted the crime, the one who did not participate in the killing is liable for robbery only When there is conspiracy to commit homicide and robbery, all the conspirators, even if less than 4 armed men, are liable for special complex crime of robbery with homicide Member must be present at the commission of the robbery to be held liable Page 68 of 75

Criminal Law II Reviewer

Vena V. Verga 7. 8.

297 Attempted and Frustrated Robbery Committed Under Certain Circumstance s

337 Qualified Seduction

RT maximum to RP, unless homicide committed shall deserve a higher penalty under the RPC

1. 2. 3. 4. 5.

1. 2. 3. 4.

Offended party is a virgin, which is presumed if she is unmarried and of good reputation that she must be over 12 and under 18 years of age that the offender has sexual intercourse with her That there is abuse of authority, confidence or relationship on the part of the offender

1.

2.

338 Simple Seduction

1. 2. 3. 4.

That age That That That

the offended party is over 12 and under 18 years of she must be of good reputation, single or widow the offender has sexual intercourse with her it is committed by means of deceit

A Mayor

1.

2. 3. 4.

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Proof of conspiracy not necessary when 4 or more armed persons committed robbery Use of firearm, whether licensed or unlicensed, in making the intimidation is a qualifying circumstance in any of the paragraphs 3, 4 and 5 of Art. 294 is committed on a street, etc. “Homicide” is used in its generic sense Penalty is the same, whether attempted or frustrated Not attempted or frustrated if there is not overt act of robbery Robbery with Homicide and attempted or frustrated robbery with Homicide are special complex crimes Article 48 is applicable when offense committed is attempted or frustrated robbery with serious physical injuries

People vs. Balbar (direct assault and act of lasciviousness in a classroom where offended party conduct her classes) – the presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. Considering the manner, place and time under which the acts were done, lewd designs can be hardly attributed to Balbar. US vs. SUAN – there is no seduction when the offended party had other illicit relationships with other men. SEDUCTION lies on the chaste character or the woman. If the girl is under 12, the crime is rape; if she is over 18, and there is no force or intimidation or she is not unconscious or otherwise deprived of reason, there is no crime, even if deceit was used Virginity of the offended party is not required There must be sexual intercourse, otherwise, the crime is acts of lasciviousness A man is liable though willing to marry girl seduced by him Page 69 of 75

Criminal Law II Reviewer

Vena V. Verga 5.

339 Acts of Lasciviousnes s with Consent of Offended Party

1.

340 Corruption of Minors

1. 2.

2.

3.

3.

That the offender commits acts of lasciviousness or lewdness That the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit

A Mayor

Offender is person under age Person promotes or facilitates prostitution or corruption of person under age Purpose is to satisfy lust of another

PM – to satisfy lust of another

6. 7. 8. 1. 2.

3.

In addition, TAD – public officer or employee

1. 2. 3. 4. 5.

341 White Slave Trade

Acts Penalized: 1. Engaging in business of prostitution 2. Profiting by prostitution 3. Enlisting services of women for the purpose of prostitution

PC medium and maximum

6. 1. 2. 3. 4.

342 Forcible

1.

That the person abducted is any woman, regardless of her age, civil status, or reputation

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RT

1. 2.

Promise of marriage by a married man or after sexual intercourse is not seduction There is no continuing offense of seduction Purpose: to punish the seducer Male cannot be offended party in this crime It is necessary that crime is committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only Distinguished from Acts of Lasciviousness (336) a. Both treat of acts of lasciviousness b. Art. 336 – acts are committed under circumstances which, had there been carnal knowledge, would amount to rape c. Art. 339 – acts of lasciviousness are committed under the circumstances which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction Habituality or abuse of authority or confidence is not necessary One who casts for his own lust is not liable here Single act without abuse of authority or confidence is now a crime Not necessary that unchaste acts have been done Victim must be of good reputation, not a prostitute, or corrupted person A mere proposal will consummate offense One of the mentioned acts is sufficient to constitute the offense Habituality is not a necessary element Person engaged in the business of prostitution need not be owner of the house Maintainer or manager of house of ill-repute need not be present therein at time of raid or arrest to be liable Woman abducted may be married Virginity is not an essential element of this Page 70 of 75

Criminal Law II Reviewer Abduction

2. 3.

Vena V. Verga

That the abduction is against her will That the abduction is with lewd designs

3.

4. 5. 6. 7. 8. 9. 10.

343 Consented Abduction

1. 2. 3. 4.

That the offender must be a virgin That she must be over 12 and under 18 years of age That the taking away of the offended praty must withoher consent after solicitation or cajolery from the offender That the taking away of the offended party must be with lewd designs

Purpose of Law: prescribe punishment for the disgrace to her family and the alarm caused therein Virginity is not to be understood in a material a sense as to exclude the idea of abduction of a virtuous woman of good reputation

344 Prosecution of Crimes of

1. 2.

Adultery and concubinage must be prosecuted upon complaint signed by the offended party Seduction, abduction or acts of lasciviousness must be

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

PC minimum and medium

11. 1. 2. 3.

4.

5.

2.

crime Crimes against Chastity where age and reputation are immaterial: rape, acts of lasciviousness agains the will or without the consent of offended party, qualified seduction of sister or descendant, and forcible abduction When female is under 12, it is not necessary that she be taken against her will Sexual intercourse is not necessary Lewd designs may be shown by the conduct of the accused when there are several defendants, it is enough that one has lewd designs Husband is not liable for abduction of wife Nature of Crime: violative of individual liberty of abducted, her honor and reputation and public order Distinguished from Grave Coercion: a. In both – there is violence or intimidation by offender b. Grave Coercion – no element of lewd design Distinguished from If offender is under 12, it is forcible abduction. The taking away of the girl need not be with some character of permanency Abductor need not actually and personally have taken the abducted female from her parents’ home, or induced her to abandon it; it is sufficient that he was instrumental in her escape When there was no solicitation of cajolery and no deceit and the girl voluntarily went with man, there is no crime committed even if they had sexual intercourse Actual sexual intercourse is not necessary, since the important element is merely lewd designs The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint Page 71 of 75

Criminal Law II Reviewer Adultery, Concubinage, Abduction, Rape, and Acts of Lasciviousnes s

prosecuted upon complaint signed by: a. Offended party, b. Her parents, c. Grandparents, or d. Guardians in the order in which they are named above Underlying Principle why Crimes against Chastity Cannot be Prosecuted de oficio: out of consideration for the offended woman and her family who might prefer to suffer the outrage in silence rather than go thru with the scandal of a public trial Guardian – legal, not natural guardian, that is, guardian legally appointed in accordance with the provision of the law Pardon in Crimes of Chastity: only offended party may pardon Pardon of offended party who is a minor must have concurrence of parents (except: when she has no parents) Condonation is not pardon in concubinage or adultery; any act of infidelity subsequent to condonation constitutes a new offense 1.

2.

Adultery or Concubinage – bars prosecution of crime effective if made: a. Before the institution of the criminal action, and b. Both offenders must be pardoned by both parties Acts of Lasciviousness, Seduction and Abduction – bars prosecution of crime a. must be EXPRESS b. Before the institution of criminal action

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga 3. 4.

Rape may be prosecuted de oficio

Imputation of crime of prostitution against a woman can be prosecuted de oficio. 5. Adultery or Concubinage a. Only offended spouse can file the complaint b. Both parties, if both alive, must be included in complaint c. Both parties must be included even if one of them is not guilty 6. Seduction, Abduction or Acts of Lasciviousness a. The right to file action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercise successively b. It is exclusive, because if the parent, for example, refuse to file, the grandparents cannot file the complaint c. When offended party is a minor, her parents may file complaint d. When offended party is of age, and she is complete possession of her mental and physical faculties, she alone can file the complaint e. The father, if living, is not necessarily preferred to the mother in filing the complaint 7. Complaint must be filed in court, not with the fiscal 8. Rape complexed with another crime (a public crime) need not be signed by offended woman 9. Actual Marriage with offended party a. Extinguishes criminal action or remits the penalty already imposed b. Benefits the co-principals, accomplices and accessories 10. Marriage between parties guilty of adultery or concubinage does not extinguish the criminal action

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Criminal Law II Reviewer 345 Civil Liability of Persons Guilty of Crimes Against Chastity

Seduction or Abduction: 1. To indemnify the offended woman 2. To acknowledge offspring, unless the law should prevent him form doing so 3. In every case, to support the offspring

346 Liability of Ascendants, Guardians, Teachers or Other Persons Entrusted with Custody

Persons Liable cooperate as accomplices but are punished as principals: 1. Ascendants 2. Guardian 3. Curators 4. Teachers, and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship

Vena V. Verga 1.

Adultery or Concubinage Indemnify damages caused to offended spouse

365 Imprudence and Neligence

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Penalties prescribed in Chapters 2, 3, 4 Teachers – TSD maximum to PSD Other Person – Special disqualification from filling office of guardian

Under the RPC, there is no civil liability for acts of lasciviousness 2. Reasons for Indemnity in Adultery or Concubinage: acknowledgment of offspring is not legally possible, support is not included, because the person who give birth, if at all, is one of the offenders and not the offended party 3. Moral damages are recoverable by both offended party and her parents 4. Under the Family Code, since children are classified as legitimate or illegitimate, the man (adultery or concubinage) should now be sentenced to support offspring, in addition to indemnity Crimes Embraces in Chapters 2, 3 and 4: 1. Acts of Lasciviousness 2. Qualified Seduction 3. Simple Seduction 4. Acts of lasciviousness with the consent of the offended party 5. Corruption of minors 6. White slave trade 7. Forcible Abduction 8. Consented Abduction

1. Offended party must choose the civil liability

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