Feu-criminal-law-memaid.pdf

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CBO OVER-ALL CHAIRPERSON: Evangeline Co ASSISTANT CHAIRPERSON: Rose Lyn Rabanera ACADEMICS COMMITTEE - HEADS: Reigel Prado, Omar Gabrieles SECRETARIAT – HEAD: Romino Arzadon FINANCE COMMITTEE – HEAD: Kyan Sioco LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod CRIMINAL LAW COMMITTEE

HEAD: Dianne Elizabeth Feeney CO-HEAD: Ma. Ana Karina Medina CRIMINAL LAW 1: Marissa Corazon Nefalar CRIMINAL LAW 2: Mark Callejo MEMBERS: Nathaniel Barrairo, Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza SUBJECT ADVISER: Atty. Modesto Ticman Jr.

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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TITLE 1

CRIMINAL LAW → that branch of substantive municipal law which defines crimes, treats of their nature and provides for their punishment.

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Limitations on the power of the Congress to enact penal laws: 1.

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Penal laws must be general in application otherwise it would violate the equal protection clause of the constitution (Section 1, Art III 1987Constitution). Penal laws must not partake of the nature of an “ex post facto law” (Section 22, Art III 1987 Constitution). Penal laws must not partake of the nature of a bill of attainder (Section 22, Art III 1987 Constitution). Penal laws must no impose cruel and unusual punishment nor excessive fines (Section 19, Art III Constitution).

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Crimes against national security and the law of nations Crimes against the fundamental law of the state Crimes against public order Crimes against public interest Crimes relative to Opium and other prohibited drugs (amended by RA 9165 of DDA of 2002) Crimes against public morals Crimes committed by public officers Crimes against persons Crimes against personal liberty and security Crimes against property Crimes against chastity Crimes against the civil status of persons Crimes against honor Quasi-offenses

Characteristics of criminal law. 1.

GENERAL. Criminal law is binding on all persons who live or sojourn in Philippine territory (Art. 14, New Civil Code.) TERRITORIAL. Criminal laws undertake to punish crimes committed within the Philippine territory. PROSPECTIVE. A penal law cannot make an act punishable in a manner on which it was not punishable when committed.

Background of the development of Philippine criminal law.

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The original penal code was the Spanish Codigo Penal which was effective from July 14, 1887 to December 31, 1931.

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Through DOJ Admin Order No. 94, a committee was organized to revise the Spanish Codigo Penal, taking into consideration existing conditions, special penal laws and the rulings of the Supreme Court. The committee was chaired by Anacleto Diaz.

Who are exempted from application of criminal law?

the

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1. Those who are exempted by treaties or treaty stipulations. 2. Those who are exempted by laws of preferential application.

The Revised Penal Code (Act 3815) was passed into law in December 8, 1930 and became effective on January 1, 1932.

3. Those who are exempted by virtue of the principles of public internal law:

The present penal code is divided into 2 books. Book 1 consists of the basic principles of criminal liability and the provisions on penalties, including criminal and civil liability. Book 2 defines felonies with their corresponding penalties, which are grouped under 14 different titles:

b. Ambassadors, ministers plenipotentiary, ministers resident, and their charges d’affaires.

a. Sovereigns and other chiefs of state.

If a consul of Country X commits a crime in the Philippines, will he be exempt from

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 4 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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criminal liability according to the principles of public international law?

* Title 1, Book 2 refers to Crimes against national security and the law of nations.

No, he is not exempted from criminal liability.

Note: The foregoing extra-territorial application of Philippine penal laws shall however vow to treaties and laws of preferential application which provide the contrary.

Consuls, vice-consuls and other commercial representatives of foreign nations do NOT possess the status of, and cannot claim the privileges and immunities accorded to ambassadors and ministers (Wheaton, International Law). Can civil courts exercise jurisdiction over members of the Philippine Army in times of war? Yes. The civil courts have concurrent jurisdiction with military courts of general courts-martial over soldiers of the Philippine Army, even in times of way, provided that, in the place of the commission of the crime no hostilities are in progress and civil courts are functioning (Valdez v. Lucero, 76 Phil 356).

Rules on jurisdiction over crime committed on board a foreign vessel. A foreign merchant ship is considered an extension of the territory of the country to which it belongs. Thus, an offense committed on the high seas on board a foreign merchant vessel is NOT triable by our courts (US v. Fowler, 1 Phil 614). If the offense is committed within Philippine waters on board a foreign merchant vessel, Philippine courts acquire jurisdiction over it (US v. Bull, 15 Phil 7). There are, however, 2 rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of a foreign country:

Do Philippine penal laws apply only within the territory of the country?

a. French Rule – such crimes are NOT TRIABLE in the courts of that country (where vessel is docked), unless their commission affects the peace and security of the territory or the safety of the state is endangered.

NO, Art 2 of the RPC states that its provisions may be enforced outside the jurisdiction of the country against those who: (Code: PFINE) 1. Should commit an offense while in a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issue by the Government of the Philippines;

b. English Rule – such crimes are TRIABLE in that country, unless they merely affect things within the vessel or they refer to the internal management thereof. The Philippines observes the English rule.

3. Should be liable for acts connected with the introduction into the Philippines of obligations and securities mentioned in the preceding number;

Warships, however, are reputed to be an extension of the territory of the country to which they belong and CANNOT be subjected to the laws of another state (US v. Fowler, 1 Phil 614).

4. While being public officers or employees, should commit and offense in the exercise of their function;

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A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs.

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It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which makes it a Philippine ship.

5. Should commit any of the crimes against national security and the law of nations, defined in Title 1 of Book 2 of the RPC*.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 5 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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When are penal laws given retroactive effect? Statutory offenses Generally, penal laws are applied prospectively. The rule, however, admits of an exception whenever the new statute dealing with the crime establishes conditions more lenient or favorable to the accused, it can be given retroactive effect. But this exception has NO APPLICATION where: 1. the new law is expressly made inapplicable to pending actions or existing causes of actions 2. the offender is a habitual criminal under Rule 5, Art 62 RPC Effects of repeal of penal law: 1. If the repeal makes the penalty lighter in the new law, the new law shall be applied EXCEPT: When the offender is a habitual delinquent or when the new law is made not applicable to pending actions or existing causes of action. 2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied. 3. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated. (People v. Tamayo, 61 Phil 225).

Elements of felonies (APP) 1. That there must be an act or omission; 2. That the act or omission must be punishable by the RPC; and 3. That the act is performed or the omission incurred by means of dolo or culpa. Distinguish crimes committed by dolo from those committed by culpa. In intentional felonies (dolo), the act or omission of the offender is malicious or is performed with deliberate intent. The offender has the intention to cause injury to another. In culpable felonies (culpa), the act or omission of the offender is not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice (Ppl v Sara, 55 Phil 939). Requisites of dolo or malice (Code: FII) 1. Freedom 2. Intelligence 3. Intent while doing the act or omitting to do the act. Requisites of culpa (Code: FIN) 1. Freedom 2. Intelligence 3. The offender must be imprudent, negligent or lacks foresight or skill while doing or omitting to do the act

ART. 3 - FELONIES Distinguish Crimes from Offense and Infractions Crime

Felonies

punished under the RPC. Acts punished under special laws.

Felonies,

An act committed or omitted in violation of a law forbidding or commanding it. A generic word for a violation of a law. Acts or omissions

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Criminal intent is presumed to exist from the commission of an unlawful act (Ppl v. Sia Teb Ban, 54 Phil 52).

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To constitute a crime, the act must be, except in certain crimes made by such statute, accompanied by criminal intent or by such negligence or indifference to duty or to consequences, as in law, is equivalent to criminal intent. (US v. Catolico, 18 Phil 507)

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 6 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Mistake of fact
a misapprehension of fact/s on the part of the person who caused injury to another. He is not criminally liable because he did not act with criminal intent. Requisites (Code: WIM): 1. the act done would have been lawful had the facts been as the accused believed them to be. 2. the intention of the accused in performing the act must be lawful 3. the mistake must be without fault or carelessness on the part of the accused In mistake of fact, the act done by the accused would have constituted either: a. a justifying circumstance under Art 11 b. an absolutory cause (e.g. Art 247 Par 22– Physical injuries inflicted in exceptional circumstances) c. an involuntary act Is intent or malice also required in crimes punished by special penal laws? When the crime is punished by a special law, as a rule, intent to commit the crime is NOT necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law, i.e., he did the prohibited act freely and consciously. Distinguish Mala in Se from Mala Prohibita Mala Prohibita The offense is wrong merely because it is prohibited by statute. Mala in Se Mala Prohibita As to Criminal Intent is not require- intent is considered. The ment of required only requirement criminal is that the As to inherent nature of the offense

Mala in Se The offense is wrongful from their nature.

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prohibited act be voluntarily done. Good faith is not a defense. Mitigating circumstances (or even aggravating circumstances) are not taken into account. The act gives rise to a crime only when it is consummated.

Good faith or lack of criminal intent is a defense unless the crime results from culpa. As to The degree degree of of accomplishm accompl ent is ishment considered. The crime may be consummate d, frustrated or attempted. As to The degree The degree of degree of participation is of participation not considered. particiof the pation offender is of the considered. offender The offender may be classified as a principal, an accomplice or an accessory. The Anti-Plunder Act (R.A. amended) is a malum in se.

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Although the crime of plunder is punished by a special law, it is considered a malum in se. In Estrada vs. Sandiganbayan, G.R. 148560, 19 November 2001, it was held that “the legislative declaration in R.A. No. 7659 that plunder is a heinous offense implies that it is a malum in se. For when the acts punished are inherently immoral or inherently wrong, they are mala in se and it does not matter that such acts are punished in a special law, especially since in the case of plunder the predicate crimes are mainly mala in se.”

intent

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 7 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Distinguish intent from motive. Intent is the purpose to use a particular means to effect such result.

For such liability to exist, two requisites are necessary, namely: 1. that an intentional felony be committed 2. that the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender (US v. Mallari, 29 Phil 14; People v. Salinas, CA 62 OG 3186

Motive is the moving power which impels one to action for a definite result. When is motive essential? (Code: IDSAIDS) 1. when the identity of the assailant is in question 2. to determine the voluntariness of the criminal act or the sanity of the accused 3. to determine from which side the unlawful aggression commenced, as when self-defense is invoked; 4. to determine whether a shooting was intentional or accidental; 5. where the accused contends that he acted in defense of a stranger; 6. to determine the specific nature of a crime; 7. when there is doubt as to the identity of the assailant. BUT proof of motive alone is not sufficient to support a conviction if there is no reliable evidence from which it may be reasonably deduced that the accused was the malefactor. (Ppl v. Macatangay, 107 Phil 188).

Proximate cause
that cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. (Bataclan v. Medina, 102 Phil 181) BUT the felony committed is NOT the proximate cause of the resulting injury when: 1. there is an active force that intervened between the felony committed and the resulting injury, and such is a distinct act or fact absolutely foreign from the felonious act of the accused; 2. the resulting injury is due to the intentional act of the victim. What are the causes which may produce a result different from that which he intended? 1. Error in personae – mistake in the identity of the victim. 2. Aberratio ictus – mistake in the blow. 3. Praeter intentionem – the injurious result is different from that intended.

ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not (Art 4).

Requisites of an Impossible Crime (PINE) 1. That the act performed would be an offense against persons or property.(P) 2. That the act was done with evil intent.(E) 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual.(I) 4. That the act performed should not constitute a violation of another provision of the RPC.(N)

A planned to kill B, but kills C instead. A says he has no intention to kill C and should, therefore, not be held criminally liable for C’s death. Is he correct? NO, A is criminally liable for killing C despite his lack of intention to do so. The accepted rule is that an offender is always liable for the consequences of his criminal act even though the result is different from what he intended.

ART. 6 CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 8 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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The 2 stages in the development of a crime are: 1. Internal Acts – are mere ideas in the mind of the person and are not punished, even if, had they been carried out, they would constitute a crime 2. External Act – which covers a. Preparatory acts – are ordinarily not punishable but preparatory acts which are considered in themselves, by law, as independent crimes are punishable (Ex: Art 304 Possession of picklocks) b. Acts of execution Stages of acts of execution: 1. Attempted – There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. (Par 3, Art 6) 2. Frustrated – It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. (Par 2, Art 6) 3. Consummated – A felony is consummated when all the elements necessary for its execution and accomplishment are present. (Par 1 Art 6) Elements of ATTEMPTED FELONY (Code: CAND) 1. The offender commences the commission of the felony directly by overt acts. 2. He does not perform all the acts of execution which should produce the felony. 3. The offender’s act is not stopped by his own spontaneous desistance.

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4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance. What does the term “overt act” refer to? An overt act is some physical activity or deed, indicating the intention to commit a particular crime, more than mere planning or preparation, which if carried to its complete termination, following its natural course, without being frustrated neither by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. The overt acts leading to the commission of the offense are not punishable except when they are aimed directly at its execution, and therefore, they must have and immediate and necessary relation to the offense. (Viada) If A induced B to kill C but B refused to do it, will A be held liable for attempted homicide as principal by inducement? NO, A cannot be held liable for attempted homicide because, although there was an attempt on the part of A, such attempt was not done directly with physical activity. The inducement made by A to B is in the nature of a proposal, not ordinarily punishable by law. (Art. 8 RPC) Only offenders who personally execute the commission of a crime can be guilty of attempted felony. The offender must commence the commission of the felony by taking a direct part in the execution of the act. A planned to kill B. A loaded his gun and proceeded to B’s house. Once there, he aimed the gun at B but the latter pleaded for his life. A took pity and left without harming B. Will A be liable for attempted homicide? NO, A is not liable for any crime. If the actor does not perform all acts of execution by reason of his own spontaneous desistance, there is no attempted felony. The law does NOT PUNISH him. One who takes part in planning a criminal act but desists in its actual commencement is exempt from criminal liability. For after taking part in the

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 9 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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planning, he could have desisted from taking part in the actual commission of the crime by listening to the call of his conscience. (Ppl v. Villacorte, 55 SCRA 640) BUT the desistance which exempts from criminal liability had reference to a crime intended to be committed, and has no reference to the crime actually committed by the offender before his desistance.

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As to the factor interfering or prevent the consumma tion of the felony

Thus, although A is not responsible for attempted homicide, he is liable for grave threat which was already committed when he desisted. Elements of frustrated felony (Code: OWN-C) 1. The offender performs all the acts of execution; 2. All the acts performed would produce the felony as a consequence. 3. But the felony is not produced; 4. By reason of causes independent of the will of the perpetrator. •

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In frustrated felony, the offender must perform all acts of execution. Nothing more is left to be done by the offender because he has performed the last act necessary to produce the crime. In crimes against persons, as homicide, which requires the victim’s death to consummate the felony, it is necessary for the frustration of the same that a mortal wound be inflicted, because then the wound could produce the felony as a consequence.

As to Accomplish ment of criminal purpose As to performing acts of execution

Frustrated Felony Offender has NOT accomplished his criminal purpose Offender has performed all the acts of execution

by overt acts and does not perform all acts of execution. There is an intervention and the offender does not arrive at the point of performing all the acts which should produce the crime. He is stopped short of that point by some cause apart from his own voluntary desistance.

which would produce the felony as a consequence. There is no intervention of a foreign or extraneous cause or agency between the beginning of the consummation of the crime and the moment when all the acts have been performed which should result in the consummated crime.

What are the factors to consider in determining whether the felony is attempted, frustrated or consummated? (MEN) 1. Nature of the offense; 2. The elements constituting the felony; 3. The manner of committing the same. Rules on spontaneous desistance as an absolutory cause. •

The desistance must have been made before the offender has performed all the acts of execution which should produce the felony.

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The desistance may be through fear or remorse. It is not necessary that it be actuated by a good motive. What is only required is that the discontinuance of the crime comes from the person who has begun it, and that he stops of his own free will.

Distinguish Attempted Felony from Frustrated Felony. Attempted Felony Offender has NOT accomplished his criminal purpose Offender merely commences the commission of a felony directly

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The desistance which exempts one from criminal liability has reference to the crime intended to be committed, and has no reference to the crime actually committed by the offender before his desistance. What are the kinds of desistance recognized by law under Art.6 of the RPC? •

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 10 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Legal desistance – the desistance referred to in law which would obviate criminal liability unless the overt or preparatory act already committed in themselves constitute a felony other that what the actor intended.

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Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art 9, par 3) When are light felonies punishable?

Factual desistance – actual desistance of the actor which is made after the attempted stage of the crime; the actor is still liable for the attempt. What crimes do not admit of frustrated stage? They are those which, by the definition of a frustrated felony, the offender cannot possibly perform all the acts of execution to bring the desired result without consummating the offense. 1. Rape, since the gravamen of the offense is carnal knowledge, hence, no matter how slight the penetration, the felony is consummated. If the male organ failed to touch the pudenda, by some causes or accident other than his spontaneous desistance, the felony is merely attempted. If he desisted spontaneously, he is not liable for attempted rape, but for some other crime such as acts of lasciviousness. 2. Arson, because this is punished as to its result, hence, the moment burning of the property occurs, even if slight, the offense is consummated. 3. Corruption of public officers, because the offense requires the concurrence of the will of both parties, such as that when the offer is accepted, the offense is consummated. But when the offer is rejected, the offense is merely attempted. 4. Adultery because the essence of the crime is sexual congress. 5. Physical injury since it cannot be determined whether the injury will be slight, less serious, or serious unless and until consummated.

The general rule is that light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property. (Art. 7)

ART. 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY Is conspiracy or proposal to commit a felony punishable? The general rule is that conspiracy or proposal to commit a felony is not a crime except when the law specifically provides a penalty therefore, as in treason, rebellion, coup d’etat and sedition. (Art 8) The reason for this is that conspiracy and proposal to commit are only preparatory acts. An agreement to commit a crime is a reprehensible act from the viewpoint of morality, but as long as the conspirators do not perform over acts in furtherance of their malevolent design, the sovereignty of the State is not outraged and the tranquility of the public remains undisturbed. However, when in resolute execution of a common scheme, a felony is committed by two or more malefactors; the existence of a conspiracy assumes a pivotal importance in the determination of the liability of the perpetrators. (Ppl v. Peralta, 25 SCRA 759) Requisites of conspiracy (Code: TAE) 1. That two or more persons came to an agreement; 2. That the agreement pertains to the commission of a felony; and 3. That the execution of the felony be decided upon. What are the two aspects of conspiracy? 1. a felony itself, that is, a separate punishable offense (e.g. treason, rebellion, sedition)

ART. 7 LIGHT FELONIES

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 11 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

•

When conspiracy is itself a crime, no overt act is necessary to bring about the criminal liability.

•

If the conspiracy relates to any of the crime of treason, rebellion and sedition, but any of them is actually committed, the conspiracy is NOT a separate offense; it is only a manner of incurring criminal liability, that is, all the conspirators who carried out their plan and personally took part in its execution are equally liable. The conspiracy is absorbed in the crime actually committed.

2. a manner of incurring criminal liability •

When conspiracy is only a basis of incurring criminal liability, there must be an overt act before the coconspirators become criminally liable.

•

When the conspiracy relates to a crime actually committed, it is not a felony but only a manner of incurring criminal liability, that is, when there is conspiracy, the act of one is the act of all. This principle applies only to the crime agreed upon.

•

EXCEPT in acts constituting a single indivisible offense, even though the co-conspirator performed different acts bringing about the composite crime, all will be liable for such crime. They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act.

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An implied conspiracy is one which is only inferred or deduced from the manner the participants in the commission of crime is carried out its execution. Where the offenders acted in concert in the commission of the crime, meaning that their acts are coordinated or synchronized in a way indicative that they are pursuing a common criminal objective, they shall be deemed to be acting in conspiracy and their criminal liability shall be collective, not individual. all of them shall be deemed PRINCIPAL

What are its legal effects? 1. Not all those who are present at the scene of the crime will be considered conspirators. 2. Only those who participated by criminal acts in the commission of the crimes, including those who have provided will be considered as co-conspirators. This would include those who cooperated in the commission of the offense, either morally, through advice, encouragement or agreement or materially through external acts indicating a manifest intent of supplying aid in the perpetration of the crime in an efficacious way. 3. Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as co-conspirator. Requisites of proposal to commit felony 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. There is no criminal proposal when -

What must be established in order that it may be said that conspiracy among the offenders existed for it to affect their criminal liability? It is fundamental for conspiracy to exist that there must be unity of purpose and unity in the execution of the unlawful objective. What is an Conspiracy/Doctrine of Conspiracy?

Implied Implied

a. the person who proposes is not determined to commit the felony b. there is no decided, concrete and formal proposal c. it is not the execution of the felony that is proposed. If A proposes to B that they overthrow the government and presents his plans to the latter but B refuses to participate, will A still be liable for proposal to commit rebellion?

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 12 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

What constitutes the felony of proposal to commit treason or rebellion is the making of proposal. The law does not require that the proposal be accepted by the person to whom it was made. If it is accepted, it may be conspiracy to commit treason or rebellion, because there would be an agreement and decision to commit it.

ART.11. JUSTIFYING CIRCUMSTANCES

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•

Slap on the face is considered as unlawful aggression directed against the honor of the actor.

•

Defense of property rights can now be considered as self-defense if there is an attack upon the property or right thereto even it is not coupled with an attack upon the person defending that right. (Ppl v. Narvaez, 121 SCRA 389)

What constitutes unlawful aggression sufficient to justify as self-defense?

Justifying circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both from criminal and civil liability, except in par. 4 of art. 11, where the civil liability is borne by the persons benefited by the act.

Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind. (Ppl v. Alconga, 78 Phil 366) Unlawful aggression presupposes an actual, sudden and unexpected attack, or imminent danger thereof, and not merely a threatening or intimidating attitude. (Ppl v. Pasco, 137 SCRA 137)

Who has the burden of proof when Art 11 is invoked?

The person defending himself must have been attacked with actual physical force or with actual use of weapon.

The circumstances mentioned in Art 11 are matters of defense and it is incumbent upon the accused, in order to avoid criminal liability, to prove the justifying circumstance claimed by him to the satisfaction of the court.

The insulting words addressed to the accused, no matter how objectionable they may have been, without physical assault, could not constitute unlawful aggression. (US v. Carrero, 9 Phil 544) Is retaliation similar to self-defense?

PAR. 1 - SELF-DEFENSE Requisites of self-defense (URL) 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. Lack of sufficient provocation on the part of the person defending himself. •

The presence of unlawful aggression is a condition sine qua non. (Ppl v. Sazon, 189 SCRA 700)

What are the rights included in selfdefense? Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, that is, the rights the enjoyment of which is protected by law. It also includes the right to honor.

Retaliation is different from an act of self-defense. In retaliation, the aggression was begun by the injured party already ceased to exist when the accused attacked him. In self-defense, the aggression was existing when the aggressor was injured or disabled by the person making a defense. In order to justify homicide on the ground of selfdefense, it is essential that the killing of the deceased by the defendant be simultaneous with the attack made by the deceased, or at least both acts succeeded each other without appreciable interval. (US v. Ferrer) What does the second requirement of selfdefense mean? 1. there be a necessity of the course of action taken by the person making the defense, and 2. there must be a necessity of the means used.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 13 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

•

•

A I D

The reasonableness of either or both such necessity depends on the existence of unlawful aggression and upon the nature and extent of the aggression. In determining the existence of unlawful aggression that induced a person to take a course of action, the place and occasion of the assault and other circumstances must be considered.

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Requisites of defense of relatives (Code: URO) 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it, and 3. In case the provocation was given by the person attacked, the one making a defense had no part therein. •

What is the test of reasonableness of the means used? (Code: NAPP) 1. nature and quality of the weapon used by the aggressor; 2. the aggressor’s physical condition, character, size and other circumstances; 3. those of the person defending himself; and 4. place and occasion of the assault. •

The means employed by the person making a defense must be rationally necessary to prevent or repel an unlawful aggression.

L A W

The existence of unlawful aggression can be made to depend upon the honest belief of one making a defense. (US v. Esmedia, 17 Phil 260)

PAR. 3 - DEFENSE OF STRANGER Who are deemed strangers? Any person no included in the enumeration of relatives mentioned in par.2 of this article, is considered stranger for the purpose of par.3. Requisites of defense of stranger (Code: URN) 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. The person defending is not induced by revenge, resentment, or other evil motive.

When is there sufficient provocation? The provocation must be sufficient, which means that it should be proportionate to the act of aggression and adequate to stir the aggressor to its commission. (Ppl v. Alconga, 78 Phil 366)

PAR. 4 - AVOIDANCE OF GREATER EVIL OR INJURY

It is not enough that the provocative act be unreasonable or annoying. A petty question of pride does not justify the wounding or killing of an opponent. (Ppl v. Dolfo, CA 46 OG 1621)

1. The evil sought to be avoided actually exists 2. The injury feared is greater than that done to avoid it.

PAR. 2 - DEFENSE OF RELATIVES

Requisites:

•

Relatives that may be defended. 1. 2. 3. 4.

spouse ascendants descendants legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees 5. relatives by consanguinity within the fourth civil degree

The evil must actually exist. If the evil sought to be avoided is merely expected or anticipated or may happen in the future, Art 11 Par 4 does not apply.

The greater evil should not be brought about by the negligence or imprudence of or violation of law by, the actor. Is the offender civilly liable under Art. 11, paragraph 4? •

Although as a rule, there is no civil liability in justifying circumstances, it is only in Par 4 of Art

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 14 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

11 where there is civil liability, but the civil liability is borne by the person benefited. (Art 101, RPC) PAR. 5 - FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR CHOICE Requisites: (Code: PI) 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; 2. That the injury caused or the offense committed by the necessary consequence of the due performance of duty or the lawful exercise of such right or office. PAR. 6 - OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE Requisites: (Code: ILU) 1. That an order has been issued by a superior. 2. That such order must be for some lawful purpose. 3. That the means used by the subordinate to carry out said order is lawful. •

Both the person who gives the order and the person who executes it must be acting within the limitations prescribed by law. (Ppl v. Wilson and Dolores, 52 Phil 919)

ART. 12 EXEMPTING CIRCUMSTANCES Exempting circumstances (non-imputability) are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. • In exempting circumstances, the crime is committed but no criminal liability arises. Basis: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or

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on the absence of negligence on the part of the accused. Who has the burden of proof when Art 12 is invoked? Any of the circumstances mentioned in Art 12 is a matter of defense and the same must be proved by the defendant to the satisfaction of the court. What is the basis for the exemption from criminal liability in Art 12? The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Distinguish Justifying circumstance from Exempting circumstance JUSTIFYING CIRCUMSTANCE It affects the act not the actor. The act is considered to have been done within the bounds of law; hence legitimate and lawful in the eyes of the law. Since the act is considered lawful, there is no crime. Since there is no crime or criminal, there is no criminal liability nor civil liability.

EXEMPTING CIRCUMSTANCE It affects the actor not the act. The act complained of is actually wrongful, but the actor is not liable. Since the act complained of is actually wrong, there is a crime the actor acted without voluntariness, there is no dolo or culpa. Since there is a crime committed though there is no criminal, there is civil liability.

PAR. 1 - IMBECILITY OR INSANITY Is insanity an exempting circumstance in all cases? What about imbecility? NO, an insane person is not so exempt if it can be shown that he acted during a lucid interval. On the other hand, an imbecile person is exempt in all cases from criminal liability. (Art 12, Par 1)

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 15 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

When a person becomes insane after the commission of a crime, is he still exempt from criminal liability? NO, when a person was sane at the time of the commission of the crime but he becomes insane at the time of the trial, he is liable criminally. The trial, however, will be suspended until the mental capacity of the accused is restored to afford him a fair trial. Insanity, to be exempting, must exist at the time of the commission of the felony.

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1. the manner the crime was committed, or 2. the conduct of the offender after its commission. If the child acts with discernment, he is NOT exempt from criminal liability. It is presumed that a minor under 15 acts without discernment. It is incumbent upon the prosecution to prove that such minor, over 9 and under 15 years of age, acted with discernment. Four Periods of criminal responsibility:

Tests of insanity a. b.

test of COGNITION – complete deprivation of intelligence in committing the crime. test of VOLITON – total deprivation of freedom of will

PAR. 2 - PERSON UNDER NINE YEARS OF AGE If A is exactly 9 years old at the time he committed a felony, is he still liable? NO, he is not liable. A may invoke his minority as an exempting circumstance. The phrase “under 9 years” should be construed as “nine years or less”. Why are children nine and under exempt from criminal liability? An infant under the age of nine years is presumed to be incapable of committing a crime; this presumption is absolute which cannot be overcome by any evidence. Minors under nine years of age and below are not capable of performing a criminal act. (Guevarra v. Almodovar, 169 SCRA 476) PAR. 3 - PERSON OVER NINE YEARS OF AGE AND UNDER FIFTEEN, ACTING WITHOUT DISCERNMENT What is meant by discernment? Discernment means the mental capacity of a minor to fully appreciate the consequences of his unlawful act.

Absolute 9 years and irresponsibility below Conditional Between 9 and 15 responsibility (w/n he years acted with discernment) 18 or over to 70 Full responsibility years Over 9 and under 15 Mitigated responsibility 15 or over or less than 18 over 70 years PAR. 4 - A PERSON WHO, WHILE PERFORMING A LAWFUL ACT WITH DUE CARE, CAUSES INJURY BY MERE ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT. Elements: (Code: LDIW, or WILD) 1. a person is performing a lawful act; 2. with due care; 3. he causes injury to another by mere accident; and 4. without fault or intention of causing it. What is an accident? An accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. (Albert) An accident presupposes lack of intention to commit the wrong done.

Discernment may be shown by: C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 16 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

It contemplates a situation where a person is in the act of doing something legal, exercising die care, diligence and prudence but in the process, produces harm or injury to someone or something not in the least in the mind of the actor – an accidental result flowing out of a legal act. (Ppl v. Gatela, 17 CAR [2s] 1047)

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2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. Requisites:(Code: EIG) 1. existence of an uncontrollable fear; 2. the fear must be real and imminent; and 3. the fear of an injury is greater than or at least equal to that committed (Ppl v. Petenia, 143 SCRA 361)

PAR. 5 - A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE •

1. That the compulsion is by means of physical force. 2. That the physical force must be irresistible. 3. That the physical force must come from a third person.

A threat of future injury is not enough. The compulsion must be of such character as to leave no opportunity to the accused for escape or self-defense in equal combat.

•

Duress as a valid defense should be based on real, imminent, or reasonable fear for one’s life or limb and should not be speculative, fanciful or remote fear.

What does the term “irresistible force” contemplate?

•

Duress is unavailing where the accused had every opportunity to run away if he had wanted to or to resist any possible aggression because was also armed.

Elements: (Code: PIT)

The irresistible force can never consist in an impulse or passion or obfuscation. It must consist of an extraneous force coming from a third person. The force must be irresistible to reduce the actor to a mere instrument who acts not only without will but against his will. The duress, force, fear or intimidation must be present, imminent and impending and of such nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. (Ppl v. Loreno, 130 SCRA 311) PAR. 6 - A PERSON WHO ACTS UNDER THE IMPULSE OF UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY Elements :( Code: GE) 1. That the threat which causes the fear is of an evil greater than or at least equal to that which he is required to commit.

Distinguish irresistible uncontrollable fear.

force

from

Uncontrollable Fear Offender uses violence or Offender employs physical force to compel intimidation or another person to commit threat in compelling a crime. another to commit a crime. Irresistible Force

PAR. 7 - A PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE. Elements :( Code: AFL) 1. 2. 3.

That an act is required by law to be done; That a person fails to perform such act; That his failure to perform such act was due to some lawful or insuperable cause.

What are absolutory causes?

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 17 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

A I D

Absolutory causes are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. Distinguish entrapment.

instigation

ENTRAPMENT The criminal design originates from and is already in the mind of the lawbreaker even before the entrapment The law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante delicto

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mitigating circumstances, if Art. 69, for instance, is not applicable. 2. Privileged mitigating – see Arts. 68, 69 and 64 of the RPC.

from Distinguish between ordinary mitigating and privileged mitigating circumstance.

INSTIGATION The idea and design to bring about the commission of the crime originated and developed in the mind of the law enforcers The law enforcers induce, lure or incite a person who is not minded to commit a crime and would not otherwise commit it, into committing the crime This circumstance absolves the accused from criminal liability

This circumstance is no bar to prosecution and conviction of the lawbreaker (People v. Marcos 185 SCRA 154)

ART. 13 MITIGATING CIRCUMSTANCES Mitigating circumstances are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. Mitigating circumstances are based on the diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender.

Ordinary Mitigating Circumstance As to the It can be offset nature of the by an consequence aggravating circumstance As to the If not offset, it effect will operate to reduce the penalty to the min. period, provided the penalty is a divisible one.

Privileged Mitigating Circumstance It can be never be offset by any aggravating circumstance. It operates to reduce the penalty by one or two degrees depending upon what the law provides.

PAR. 1 - INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES Applies when all the requisites necessary to justify or exempt the act are not attendant. PAR. 2 - OFFENDER IS UNDER 18 OR OVER 70 YEARS OF AGE Legal effects of various ages of offender. Under 9 years of age Over 9 and under 15 years of age, acting without discernment Minor delinquent under 18 years of age Under 18 years of age

Classes of mitigating circumstances:

18 years or over

1. Ordinary mitigating

70 years or over

–

L A W

those enumerated in subsections 1 to 10 of Article 13, RPC, except that of minority. Those mentioned in subsection 1 of Art. 13 are ordinary

Exempting circumstance Exempting circumstance Sentence may be suspended Privileged mitigating circumstance Full criminal responsibility. Mitigating circumstance, no imposition of death penalty, exclusion of death sentence if already imposed is suspended and

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 18 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

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commuted PAR. 3 - NO INTENTION TO COMMIT SO GRAVE A WRONG If the offender had no intention to commit so grave as that committed, he is entitled to a mitigating circumstance. This can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequence.

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1. that the provocation must be sufficient; 2. that it must originate from the offended party; and 3. that the provocation must be immediate to the act, i.e., to the commission of the crime by the person who is provoked.

What factors may be considered in determining that accused had no intention to commit so grave a wrong?

What constitutes “sufficient provocation” to mitigate the liability of one who acts because of it? The word “sufficient” means adequate to excite a person to commit the wrong and must be accordingly proportionate to its gravity. As to whether or not a provocation is sufficient depends upon the act constituting the provocation, the social standing of the person provoked, the place and the time when the provocation was made.

Intention, being an internal state, must be judge by external acts.

PAR. 5 – OFFENSE

Intention must be judge by considering the weapon used, the injury inflicted, and his attitude of the mind when the accused attacked the deceased, (Ppl v. Flores, 50 Phil 548)

Requisites: (Code: GC)

It is the intention of the offender at the particular moment when he executes or commits the criminal act, not his intention in the planning stage, which must be considered. May Art 13 Par 3 be invoked in culpable felonies?

VINDICATION

OF

GRAVE

1. that there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees; and 2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense. Distinguish Provocation from Vindication

In felonies through negligence, there is no intent on the part of the offender which may be considered. PAR. 4 - PROVOCATION OR THREAT Define provocation. Provocation is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.

Requisites: (Code: SOI)

Provocation As to Provocation whom it is is made made directly to the person committing the felony.

Vindication The grave offense may also be committed against the offender’s relatives mentioned by law. As to its The The offended nature provocation party must need not be a have done a grave offense. grave offense to the offenders or his relatives. As to the It is necessary The vindication

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 19 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y

lapse of time

that the provocation or threat immediately preceded the act, i.e., that there be no interval of time between the provocation and the commission of the crime

A I D

of the grave offense may be proximate, which admits of an interval of time between the grave offense done by the offended party and the commission of the crime by the accused.

What is considered a grave offense? The question of whether or not a certain personal offense is grave must be decided by the court, having in mind the social standing of the person, the place, and the time when the insult was made. (Ppl v. Ruiz, 93 SCRA 739) PAR. 6 - PASSION OR OBFUSCATION Requisites: (Code: AP) 1. The accused acted upon an impulse; and 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments. Even if there is actually passion or obfuscation on the part of the offender, there is no mitigating circumstance when – a. the act is committed is a spirit of lawlessness; or b. the act is committed in a spirit of revenge. How much time should elapse between the act producing passion and obfuscation in the accused and the offense for it to be mitigating? The act producing obfuscation must not be far removed from the commission of the crime by a considerable length of time,

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during which the accused might have recovered from normal equanimity. The circumstance of passion and obfuscation cannot be mitigating in a crime which is planned and calmly meditated before its execution. (Ppl v. Pagal, 79 SCRA 570) Distinguish Passion & Obfuscation from Irresistible Force Passion & Obfuscation Mitigating circumstance Cannot give rise to irresistible force Passion and obfuscation is within the offender himself Arise from lawful sentiments

Irresistible Force Exempting circumstance Requires physical force Irresistible force comes from a third person Arise from unlawful sentiments

Distinguish Passion & Obfuscation from Provocation Passion & Obfuscation Passion and obfuscation is produced by an impulse which may be caused by provocation. The offense which engenders perturbation of mind need not be immediate. It is only required that the influence there of lasts until the moment the crime is committed. The effect is loss of reason and selfcontrol on the part of the offender.

Provocation Provocation comes from the injured party

Provocation must immediately precede the crime

The effect is loss of reason and selfcontrol on the part of the offender.

PAR. 7 - VOLUNTARY SURRENDER AND PLEA OF GUILT

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 20 of 97

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was in fact arrested. (Ppl v. Conwi, 71 Phil 595). What are the two mitigating circumstances provided in Art 13 Par 7? 1. Voluntary surrender to a person in authority or his agents. 2. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution. Requisites of voluntary (NAV or VAN)

Requisites of plea of guilty: (Code: SOP) 1. That the offender spontaneously confessed his guilt; 2. That the confession of guilt was made in open court, that is, before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution.

surrender:

1. That the offender has not been actually arrested; 2. That the offender surrendered himself to a person in authority or to the latter’s agent; and 3. That the surrender was voluntary. When is voluntary considered mitigating?

But the law does not require that he surrender be prior to the issuance of the order of arrest. (Ppl v. Yecla, 68 Phil 740)

surrender

For voluntary surrender to be appreciated, the same must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities, either because he acknowledged his guilt or because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. (Ppl v. Gervacio, 24 SCRA 960)

Accused is charged with murder, upon arraignment, he pleads guilty to homicide. Is the plea mitigating? NO, plea of guilty to a lesser offense is NOT a mitigating circumstance, because to be voluntary, the plea of guilty must be to the offense charged. (Ppl v. Noble, 77 Phil 93) PAR. 8 – PHYSICAL DEFECT Physical defect referred to in this paragraph is such as being armless, cripple, or a slutterer, or whereby his means to act, defend himself, or communicate with his fellow beings are limited. PAR. 9 - ILLNESS OF THE OFFENDER

The accused must actually surrender his own person to the authorities, admitting complicity in the crime. His conduct, after the commission of the crime, must indicate a desire on his part to own the responsibility for the crime. (Ppl v Flores, 21 CAR [2s] 417) Is a surrender made after the warrant has been served considered mitigating?



illness should not deprive the offender of consciousness of his acts.

PAR. 10 – SIMILAR AND ANALOGOUS CIRCUMSTANCES This paragraph authorizes the court to consider in favor of the accused “any other circumstance of a similar nature and analogous to those mentioned” in paragraph 1 to 9 of the Article 13.

The surrender will not be considered as mitigating. In a case, the appellant surrendered only after the warrant of arrest was served upon him, which cannot be considered as a “voluntary surrender”. (Ppl v. Roldan, GR No. L-22030, May 29, 1968)

ART. 14. AGGRAVATING CIRCUMSTANCES

There was no voluntary surrender if the warrant of arrest showed that the defendant

Aggravating circumstances are those which if attendant in the commission of the crime serve to increase the penalty without, however, exceeding

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 21 of 97

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the maximum of the penalty provided by law for the offense. Basis: They are based on the greater perversity of the offender manifested in the commission of the felony as shown by the motivating power itself, the place of commission, the means and ways employed, the time, or the personal circumstances of the offender or the offended party. Enumerate the four kinds aggravating circumstances:

of

1. Generic – those that can generally apply to all crimes 2. Specific – those that apply only to a particular crimes 3. Qualifying – those that change the nature of the crime. 4. Inherent – those that must of necessity accompany the commission of the crime.

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2. Those which are included by law in defining the crime and prescribing the penalty therefore; and 3. Those which are inherent in the crime to such degree that it must of necessity accompany the commission thereof. PAR. 1 – ADVANTAGE TAKEN OF PUBLIC POSITION The public officer must use the influence, prestige, or ascendancy which his office gives him as the means by which he realizes his purpose. The essence of the matter is presented in the inquiry. “Did the accused abuse his office in order to commit the crime?” If the accused could have perpetrated the crime even without occupying his position, there is no abuse of public position. PAR. 2 – CONTEMPT OR INSULT TO PUBLIC AUTHORITIES Requisites: (Code: ENKP or PENK) 1. That the public authority is engaged in the exercise of his functions; 2. That he who is thus engaged on the exercise of said functions is not the person against whom the crime is committed; 3. The offender knows him to be a public authority;and 4. His presence has not prevented the offender from committing the criminal act.

Distinguish Generic from Qualifying Aggravating Circumstances. Generic Aggravating Circumstance Its effect, if not offset by any mitigating circumstance, is to increase the penalty which should be imposed upon the accused to the maximum period, but without exceeding the limit prescribed by law. It can be compensation by a mitigating circumstance

Qualifying Aggravating Circumstance It gives the crime its proper and exclusive name but also to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime. It cannot be offset by a mitigating circumstance

When do aggravating circumstances do not have the effect of increasing the penalty? 1. Those which in themselves constitutes a crime specially punishable by law;

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Who is a public authority A public authority, sometimes also called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws. (Art 152, RPC) PAR. 3 – DISREGARD OF RANK, AGE, SEX OR DWELLING OF OFFENDED PARTY When all the four aggravating circumstances are present, must they be considered as one? If all the four circumstances are present, they have the weight of one aggravating circumstance only. (Albert)

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 22 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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To what classification of crimes is this aggravating circumstance applicable? Disregard of the respect due the offended party on account of his rank, age, or sex may be taken into account only in crimes against persons or honor, when in the commission of the crime, there is some insult or disrespect to rank, age or sex. It is not proper to consider this aggravating circumstance in crimes against property. (Ppl v. Pagal, 79 SCRA 570) What is the meaning of “with insult or in disregard”? It is necessary to prove the specific fact or circumstance, other than that the victim (or an old man or one of high rank), showing insult or disregard of sex (or age or rank) in order that it may be considered as aggravating circumstance. There must be evidence that in the commission of the crime, the accused deliberately intended to offend or insult the sex or age of the offended party. (Ppl v. Mangsant, 65 Phil 548) The act be committed with insult or in disregard of the respect due the offended party on account – 1. of the rank of the offended party → There must be a difference in the social condition of the offender and the offended party 2. of the age of the offended party → Applies to cases where the victim is of tender age as well as of old age 3. of the sex of the offended party → This refers to the female sex, not the male sex When are these circumstances (disregard of rank, age or sex) not considered aggravating? a. When the offender acted with passion and obfuscation. b. When there exists a relationship between the offended party and the offender. c. When the condition of being a woman is indispensable in the commission of the crime. Thus, in parricide,

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abduction or aggravating.

seduction,

sex

is

not

4. that the crime be committed in the dwelling of the offended party. What can be considered as a “dwelling”? Dwelling must be a building or structure, exclusively used for rest and comfort. (Ppl v. Magnaye, 89 Phil 233) Dwelling includes dependencies, the floor of the staircase and enclosure under the house. What aggravates the commission of the crime in one’s dwelling? 1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. What is the effect if the offended party gave provocation? When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due in him in his own house. (Ppl v. Ambis, 68 Phil 635) The provocation must be: (Code: OSI) 1. given by the owner of the dwelling; 2. sufficient; and 3. immediate to the commission of the crime. If all these are present, the offended party is deemed to have given provocation, and the fact that the crime is committed in the dwelling of the offended party is not an aggravating circumstance. Is it necessary that the crime actually be committed inside the offended party’s dwelling? For the circumstance to be considered, it is not necessary that he accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without. (Ppl v. Ompaid, 26 SCRA 750)

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 23 of 97

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PAR. 4 – ABUSE OF CONFIDENCE AND OBVIOUS UNGRATEFULLNESS What are the two circumstances under Art 14 Par that aggravates the liability of the offender? 1. Abuse of confidence 2. Obvious ungratefulness When can considered?

this

circumstance

be

This circumstance exists only when the offended party has trusted the offender who later abuses such trust by committing the crime. The abuse of confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended party’s belief that the former would not abuse said confidence. Requisites: (Code: TAF or FAT) 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party; and 3. That the abuse of confidence facilitated the commission of the crime. PAR. 5 – PLACES OF COMMISSION OF OFFENSE The liability of the offender is aggravated when the crime is committed: 1. in the palace of the Chief Executive; 2. in the presence of the Chief Executive; 3. where public authorities are engaged in the discharge of their duties, or 4. in a place dedicated to the religious worship. Distinguish Par 2 from Par 5 of Art 14. Par. 2 (Contempt or insult of Public Authorities) The public authorities are in the performance of their duties.

Par. 5 (Places of commission of offense) The public authorities are in the performance of their duties.

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Public authorities are outside their office performing their duties. The public authority is not the offended party.

Public authorities are in their office performing their duties. The public authority is the offended party.

PAR. 6 – NIGHTTIME, UNINHABITED PLACE OR BAND When are these circumstance considered aggravating? 1. When it facilitated the commission of the crime. → because of the darkness of the night the crime can be perpetrated unmolested, or interference can be avoided, or there would be greater certainty in attaining the ends of the offender (Ppl v. Matbagon, 60 Phil 887) 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity. → the offender especially sought for the nighttime, when he sought for it in order to realize the crime with more ease (Ppl v. Aquino, 68 Phil 615). 3. When the offender took advantage therefor the purpose of impunity. → “For the purpose of impunity” means to prevent his (accused) being recognized, or to secure himself against detection and punishment. (Ppl v. Matbagon) How long does nighttime last? Nighttime should be understood that period of darkness beginning at the end of dusk and ending at dawn. Nights are from sunset to sunrise (Art 13 , NCC). What is uninhabited place? An uninhabited place is one where there are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. Whether or not the crime committed is attended by this aggravating circumstance should be determined, not by the distance of the nearest

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 24 of 97

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house from the scene of the crime, but whether or not in the place of the commission of the offense, there was reasonable possibility of the victim receiving some help. (Ppl v. Damaso, 75 OG 4979)

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a. when both the attacking party and the party attacked were equally armed. b. when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose.

What is a band? Whenever more than 3 armed malefactors shall have acted together in the commission of the offense, it shall be deemed to have been committed by a band.

Distinguish “with aid of armed men” under Par. 8 from “by a band” band under Par 6. By band requires that more than three armed malefactors shall have acted together in the commission of an offense.

PAR. 7 – CALAMITY OR MISFORTUNE What is the basis of this circumstance?

Aid of armed men is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.

The basis of this aggravating circumstance has reference to the time of the commission of the felony.

PAR. 9 - RECIDIVIST

The reason for the existence of this circumstance is found in the debased form of criminality, met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their great suffering by taking advantage of their misfortune to despoil them. Is this circumstance limited to natural calamities or disasters? The phrase “or other calamity or misfortune” refers to other condition of distress similar to those previously enumerated, that is, “conflagration, shipwreck, earthquake or epidemic.” Hence, chaotic conditions after liberation are not included under this paragraph. (Ppl v. Corpus, CA 43 OG 2249) PAR. 8 – AID OF ARMED MEN Requisites: (AA) 1. That armed men or persons took part in the commission of the crime, directly or indirectly; and 2. That the accused availed himself of their aid or relied upon them when the crime was committed. Exceptions: This aggravating circumstance shall not be considered -

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. Requisites: (Code:OPEC) 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime; 3. That both the first and the second offenses are embraced in the same title of this code; and 4. That the offender is convicted of the new offense. PAR. 10 – REITERACION Requisites: (Code: OPC or COP) 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense; and 3. That he is convicted of the new offense. When is reiteracion aggravating?

not

considered

If, as a result of taking this circumstance into account, the penalty for the crime of murder would be death and the offense for which the offender has been previously convicted are against

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 25 of 97

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property and not directly against persons, the court should exercise its discretion in favor of the accused by not taking this aggravating circumstance into account. Distinguish Recidivism

Reiteracion

Reiteracion Offender shall have served out his sentence for the first offense. The previous and subsequent offense must not be embraced in the same title of the Code. Not always an aggravating circumstance.

Enumerate Repetition.

the

from

Recidivism It is enough that final judgment has been rendered in the first offense. The offenses are required to be included in the same title of the Code.

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What is the purpose of the price or reward to be considered aggravating? The evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing another to perform the deed. (US v. Gamao, 23 Phil 81) PAR. 12 – BY MEANS OF INUNDATION, FIRE, ETC. Unless used by the offender as a means to accomplish a criminal purpose, any of the circumstances in Par 12 cannot be considered to increase the penalty or to change the nature of the offense. PAR. 13 – EVIDENT PREMEDITATION

Always taken into consideration in fixing the penalty to be imposed upon the accused. Four

forms

PRICE,

REWARD

Requisites: (TAS) 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.

of

1. Recidivism (Par 9, Art 14, RPC) 2. Reiteracion or habituality (Par 10, Art 14, RPC) 3. Multi-recidivism or habitual delinquency (Art 62, par 5, RPC) 4. Quasi-recidivism (Art 160, RPC) PAR. 11 – PROMISE

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OR

How many offenders are contemplated in this circumstance? When this aggravating circumstance is present, there must be two or more principals, the one who gives or offers the price or promise and the one who accepts it. Is this paragraph applicable to the one who gave the price or reward? When this aggravating circumstance is present, it affects not only the person who received the price or the reward, but also the person who gave it. (US v. Parro, 36 Phil 923)

Why is sufficient time required? The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and the consequences of what he planned to do, an interval long enough for his conscience and better judgment to overcome his evil desire and scheme. (Ppl v. Mendoza, 91 Phil 58) PAR. 14 – CRAFT, FRAUD OR DISGUISE This circumstance is characterized by the intellectual or mental rather than the physical means to which the criminal resorts to carry out his design. •

Craft involves the use of intellectual trickery or cunning on the part of the accused

•

Fraud involves the use of insidious words and machination used to induce the victim to act in a manner which would enable the offender to carry out his design.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 26 of 97

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Disguise is resorting to any devise to conceal identity.

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PAR. 16 – TREACHERY (Alevosia) What is treachery?

Distinguish craft from fraud. When there is a direct inducement by insidious words or machinations, fraud is present; otherwise, the act of the accused dome in order not to arouse the suspicion of the victim constitutes craft. PAR. 15 – SUPERIOR STRENGTH OR MEANS TO WEAKEN DEFENSE What does taking advantage of superior strength / means to weaken defense involve? To take advantage of superior strength means to use purposely excessive force out of proportion to the means of defense available to the person attach. (Ppl v. Cabiling, 74 SCRA 285)

There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. (Art 14 Par 16 RPC) Treachery means that the offended party was not given opportunity to make a defense. (Ppl v. Tiozon, 198 SCRA 368) The characteristic and unmistakable manifestation of treachery is the deliberate, sudden, and unexpected attack of the victim from behind, without any warning and without giving him and opportunity to defend himself or repel the initial assault. Rules regarding treachery

The aggravating circumstance of abuse of superior strength depends on the age, size, and strength of the parties. It is considered that whenever there is a notorious inequality of forces between the victim and the aggressor, assessing the superiority of strength notoriously advantageous for the aggressor which is selected or taken advantage of by him in the commission of the crime. (Ppl v. Carpio) Where abuse of superior strength is to be estimated as an aggravating circumstance from the mere fact that more than one person participated in the offense, it must appear that the accused cooperated together in some way designed to weaken the defense. (Ppl v. Cortez, 55 Phil 143) The offender employs means to materially weaken the resisting power of the offended party. (Ppl v. Tunhawan, 166 SCRA 638) Mere superiority in number, even assuming it to be a fact, would not necessarily indicate the attendance of abuse of superior strength. The prosecution should still prove that the assailants purposely used excessive force out of proportion to the means of defense available to the persons attacked. (Ppl v. Sansaet, 376 SCRA 426)

1. Applicable only to crimes against the person. 2. Means, methods or forms need not insure accomplishment of crime, only its execution. 3. The mode of attack must be consciously adopted. Treachery maybe appreciated in robbery with homicide although the latter is essentially a crime against property. People vs. Ancheta G.R. No. 143935, 04 June 2004, 431 SCRA 42 Treachery is a generic aggravating circumstance to robbery with homicide although said crime is classified as a crime against property and a single and indivisible crime. xxx Treachery is not an element of robbery with homicide. Neither does it constitute a crime especially punishable by law nor is it included by the law in defining the crime of robbery with homicide and prescribing the penalty therefor. Treachery is likewise not inherent in the crime of robbery with homicide. Hence, treachery should be considered as a generic aggravating circumstance in robbery with homicide for the imposition of the proper penalty for the crime. xxx

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 27 of 97

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In fine, in the application of treachery as a generic aggravating circumstance to robbery with homicide, the law looks at the constituent crime of homicide which is a crime against persons and not at the constituent crime of robbery which is a crime against property. Treachery is applied to the constituent crime of “homicide” and not to the constituent crime of “robbery” of the special complex crime of robbery with homicide.

It must tend to make the effects of the crime more humiliating or put the offended party to shame.

Requisites of treachery: (Code: NA)

When is there unlawful entry?

To which crimes does this aggravating circumstance apply? This aggravating circumstance is applicable to crimes against chastity, less serious physical injuries, light or grave coercion and murder PAR. 18 – UNLAWFUL ENTRY

1. that at the time of the attack, the victim was not in a position to defend himself; and 2. that the offender consciously adopted the particular means, method or form of attack employed by him.

There is unlawful entry when an entrance is effected by a way not intended for the purpose.

Must treachery be present in the beginning of the assault?

Is it necessary for the offender to enter the structure or building after breaking the wall, roof, etc.?

When the aggression is continuous, treachery must be present in the beginning of the assault. When the assault was not continuous, in that there was an interruption, it is sufficient that treachery was present at the moment the fatal blow was given. What other aggravating circumstances does treachery absorb? Treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken the defense. Nighttime forms part of the peculiar treacherous means and manner adopted to insure the execution of the crime. PAR. 17 – IGNOMINY What is ignominy? Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime.

As an aggravating circumstance, it must be a means to effect entrance and not for escape. PAR. 19 – BREAKING WALL

It is not necessary that the offender should have entered the building. What aggravates the liability of the offender is the breaking of the part of the building as a means of the commission of the crime. The circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house. If it is broken in order to get out of the place, it is not an aggravating circumstance. PAR. 20 – AID OF MINOR OR BY MEANS OF MOTOR VEHICLES What are the aggravating circumstances contemplated under this paragraph? Two different circumstances are grouped in this paragraph. The first one tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility; and the second one is intended to counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 28 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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When is the use of motor vehicle considered aggravating?

Ignominy involves moral suffering, while cruelty refers to physical suffering.

Use of motor vehicle is aggravating where the accused used the motor vehicle in going to the place of the crime, in carrying away the effect thereof, and in facilitating their escape. (Ppl v. Espejo, 36 SCRA 400)

Note:    

The use of a motor vehicle qualifies the killing to murder if the same was perpetrated by means thereof. (Ppl v. Enguito, 326 SCRA 508) In Ppl v. Mallari, 404 SCRA 170, the accused deliberately used his truck in pursuing the victim. Upon catching up with him, accused hit him with the truck, as a result of which the victim died instantly. It is clear that the truck was the means used by accused to perpetrate the killing of the victim. PAR. 21 - CRUELTY What is cruelty? There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. (Ppl v. Dayug, 49 Phil 423)



ART. 15 - ALTERNATIVE CIRCUMSTANCES

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. The alternative circumstances under Art 15 RPC are: 1. Relationship 2. Intoxication 3. Degree of instruction and education of the offender

Cruelty requires deliberate prolongation of the physical suffering of the victim. For cruelty to be appreciated as a generic aggravating circumstance there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. (Ppl v. Pacris, 194 SCRA 654) Requisites of cruelty: (WI) 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender.

Nocturnity is absorbed in treachery Evident premeditation is inherent in robbery, estafa, theft and similar offenses. Craft is inherent in treachery. Abuse of superior strength, aid of armed men and nocturnity is absorbed in treachery. Unlawful entry is inherent in trespass to dwelling and robbery with force upon things but no in robbery with violence against or intimidation of persons.

•

Relationship

The alternative circumstance of relationship shall be taken into consideration when the offended party is the – 1. 2. 3. 4.

spouse ascendant descendant legitimate, natural or adopted brother or sister, or 5. relative by affinity in the same degree, of the offender.

Distinguish ignominy from cruelty.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 29 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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mitigating?

2. Intentional (subsequent to the plan to commit a felony).

CRIMES AGAINST PROPERTY Robbery, Mitigating usurpation, fraudulent insolvency Theft, swindling, Exempting malicious mischief CRIMES AGAINST PERSONS Murder or Homicide Aggravating Serious physical Aggravating injuries Less serious or slight Mitigating if victim physical injuries is a descendant of the accused.

→ A habitual drunkard is one given to intoxication by excessive use of intoxicating drinks.

When is relationship Exempting? Aggravating?

Aggravating if the victim is an ascendant of the accused. Parricide, adultery, Neither mitigating concubinage nor aggravating since relationship is inherent in the crime. CRIMES AGAINST CHASTITY TRESPASS DWELLING

→ It is intentional when the offender drinks liquor fully knowing its effects, to find in the liquor a stimulant to commit a crime or a means to suffocate any remorse. •

Degree of instruction and education of the offender

When is degree of instruction education mitigating? Aggravating?

Low degree of instruction and education or lack of it is generally mitigating. Lack of instruction or low degree of it is appreciated as mitigating circumstance in almost all crimes. High degree of instruction and education is aggravating, when the offender avails himself of his learning in committing the crime.

ART. 16 - PERSONS WHO ARE CRIMINALLY LIABLE

Aggravating TO Mitigating

and

Persons who are criminally liable in: I. Grave and less grave felonies:

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Intoxication

Mitigating if the intoxication is: 1. Not habitual, or 2. Not subsequent to the plan to commit a felony. → Once intoxication is established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to be nonhabitual or unintentional. → The amount of wine taken must be of such quantity as to blur the offender’s reason and deprive him of self-control. (Ppl v Cabrera)

1. Principals 2. Accomplices 3. Accessories II.Light felonies 1. Principals 2. Accomplices Why are accessories in light felonies not considered criminally liable? In the commission of light felonies, the social wrong as well the individual prejudice is so small that the penal sanction is deemed not necessary for accessories.

Aggravating if intoxication is: 1. Habitual, or C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 30 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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ART. 17 - PRINCIPALS 1. those who take a direct part in the execution of the act; 2. those who directly force or induce others to commit it; 3. those who cooperate in the commission of the offense by another act without which it would not have been accomplished. PRINCIPAL BY DIRECT PARTICIPATION – personally takes part in the execution of the act constituting the crime. Requisites to principal by (Code: PC)

consider one as a direct participation:

1. That they participated in the criminal resolution; 2. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. When are persons said participated in the resolution?

to have criminal

Two or more persons are said to have participated in the criminal resolution when they were in conspiracy at the time of the commission of the crime. When is there conspiracy between the accused in order to hold them guilty as co-principals? In order to held an accused guilty as coprincipal by reason of conspiracy, it must be established that he performed an overt act in the furtherance of the conspiracy, either by actively participating in the actual commission of the crime, or by lending moral assistance to his co-conspirators, or by exerting moral ascendancy over the rest of the conspirators as to move them to executing the conspiracy. (Ppl v. Cortez, 57 SCRA 308) There must be intentional participation in the transaction with a view to the furtherance

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of the common design and purpose. (Ppl v. Izon, 104 Phil 690) Is a formal agreement among the conspirators necessary to hold them liable as co-principals? In conspiracy, no formal agreement among the conspirators is necessary, not even previous acquaintance among themselves; it is sufficient that their minds meet understandingly so as to bring about an intelligent and deliberate agreement to commit the offense charged. Are all the conspirators liable for the acts of their co-accused even if the act was not contemplated by them? Co-conspirators are liable only for the acts done pursuant to the conspiracy. For other acts done outside the contemplation of the co-conspirators or which are not necessary and logical consequences of the intended crime, only the actual perpetrators are liable. (Ppl v. Dela Cerna, 21 SCRA 569). If A, B and C agreed to kill X but A desisted before the act may be committed, will A still be liable as a co-conspirator? NO, A is not criminally liable. The act of the conspirators who, as soon as the aggression was started by his co-conspirators, ran away and called for help of other persons who hurriedly responded, is an act of desistance from taking an active part in the aggression which removes the case from the operation of the established rule that when a conspiracy is proven, the act of one co-conspirator is the act of all. (Ppl v. Mappala) Does knowledge alone of the criminal design and purpose sufficient to hold one a co-principal? The second requisite of principals by direct participation requires those people who have participated in the criminal resolution carry out their plan and personally take part in its execution by acts which directly tend to the same end. He must personally take part in executing the criminal plan to be carried out. He must be at the scene of the commission of the crime, personally taking part in its execution.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 31 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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If the second requisite is lacking, at most, there is only conspiracy among the several defendant who participated in the criminal resolution, and if the crime they agreed and decided to commit is not treason, rebellion or sedition, they are not criminally liable. PRINCIPAL BY INDUCTION – the principal by induction becomes liable only when the principal by direct participation committed the act induced. What are the two ways of becoming a principal by induction? 1. Directly forcing another to commit a crime, or 2. Directly inducing another to commit a crime What are the two ways of directly forcing another to commit a crime?

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What constitutes inducement? To constitute inducement, there must exist on the part of the inducer the most positive resolution and the most persistent effort to secure the commission of the crime, together with the presentation to the person induced the very strongest kind of temptation to commit the crime (US v Indanan, 24 Phil 203) When is the inducement said to be the determining cause? Inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. Requisites needed in order that a person using words of command maybe held liable: (Code: IADPN or PAID-N)

What are the two ways of directly inducing another to commit a crime?

1. That the one uttering the words of command must have the intention of procuring the commission of the crime; 2. That the one who made the command must have an ascendancy or influence over the person who acted; 3. That the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion; 4. The words of command must be uttered prior to the commission of the crime ; and 5. The material executor of the crime has no personal reason to commit the crime.

1. By giving price, or offering reward or promise; 2. By using words of command.

Distinguish a principal by inducement from the offender who made a proposal to commit a felony.

Requisites needed in order that a person may be convicted as a principal by inducement: (Code: ID)

Inducement Proposal Existence of inducement Existence of to commit the crime inducement to commit the crime Becomes liable only if Becomes liable only the crime is committed if the crime is by the principal by direct treason or rebellion; participation crime must not actually be committed Involves any crime Mere proposal is punishable only if it pertains to treason or rebellion

1. By using irresistible force 2. By causing uncontrollable fear In these cases, there is no conspiracy, not even a unity of criminal purpose or intention. Only the one using force or causing fear is criminally liable. The material executor is not criminally liable because of Art. 12 Pars 5 and 6.

1. That the inducement be made directly with the intention of procuring the commission of the crime; and 2. That such inducement is the determining cause of the commission of the crime by the material executor.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 32 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Requisites in order that a person may be held liable as principal by indispensable cooperation:

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In case there is doubt, the participation of the offender will be considered that of an accomplice rather than that of the principal.

1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose an intention immediately before the commission of the crime charged; 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished.

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In criminal cases, the participation of the accused must be established by the prosecution by positive and competent evidence. It cannot be presumed.

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The accomplice in crimes against person does not inflict the more or most serious wounds.

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Accomplices cooperate by acts not indispensable in the commission of the crime; meaning, that without such acts, the crime could still be committed by the culprit or culprits. If the acts are indispensable, the person cooperating is a principal by cooperation.

ART. 18 - ACCOMPLICES Requisites needed in order to hold a person liable as an accomplice: (Code: CER)

ART 19 - ACCESSORIES 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there is a relation between the acts done by the principal and those attributed to the person charged as accomplice. Conspirator They know and agree with the criminal design Has knowledge of the criminal intention as they have decided upon the course of action

Accomplice They know and agree with the criminal design Has knowledge only of the intention after the principals have reached the decision and only then do they agree to cooperate in the execution Decides the crime to Merely concurs in be committed; what crime is to be authors of the crime committed; merely assent to the plan and cooperates in its accomplishment

What are the specific acts of accessories? 1. By profiting themselves or assisting the offender to profit by the effects of the crime; 2. By concealing or destroying the body of the crime to prevent its discovery; 3. By harboring, concealing or assisting in the escape of the principal of the crime. What are the two classes of accessories contemplated under Par 3 of Art 19? a. Public officers who acts with abuse of his public functions Requisites: (Code: CHAP) 1. Accessory is a public officer; 2. He harbors, conceal or assists in the escape of the principal; 3. He acts with abuse of his public functions; and 4. Crime committed is any crime but not light felony. b. Private person Requisites: (Code: HOP) 1. Accessory is a private person; 2. He harbors, conceals, assists in the escape of the offender; and 3. Offender is convicted of either:

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 33 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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i. ii. iii. iv.

Treason Murder Parricide attempt to take the life of the President v. Known to be habitually guilty of some other crime

Is the conviction of the accessory possible even if the principal is acquitted? YES. Conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance. What if the principal is unknown or at large? Even if the principal is unknown or at large, the accessory may be held responsible provided the requisites prescribed by law for the existence of the crime are present an the someone committed it.

ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY What are the situations where accessories are not criminally liable? 1. When the felony committed is a light felony 2. When the accessory is related to the principal as: a. Spouse b. an ascendant c. A descendant d. A brother or sister, whether legitimate, natural or adopted or where the accessory is a relative by affinity within the same degree, unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit thereon.

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Only accessories under Par 2 and 3 of Art 19 are exempt from criminal liability if they are related to the principals

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If the accessory performed any of the acts mentioned in Par 1 of Art 19, he is liable even if the principal is related to him because such acts are not prompted by affection but by a detestable greed.

PENALTIES What are the penalties that may be imposed under the RPC? Penalty

Duration

CAPITAL PUNISHMENT Death AFFLICTIVE PENALTIES Reclusion Perpetua

20 years & 1 day – 40 years Reclusion Temporal 12 years & 1 day – 20 years Perpetual or 6 years & 1 day – 12 Temporary absolute years disqualification Perpetual or 6 years & 1 day – 12 Temporary special years disqualification Prision Mayor 6 years & 1 day – 12 years CORRECTIONAL PENALTIES Prision Correctional Arresto mayor Suspension Destierro

6 months & 1 day – 6 years 1 month & 1 day – 6 months 6 months & 1 day – 6 years 6 months & 1 day – 6 years

LIGHT PENALTIES Arresto Menor Public Censure

1 day to 30 days

PENALTIES COMMON TO THE 3 C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 34 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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PRECEDING CLASSES Fine Bond to keep peace

ART. 26 – CLASSIFICATION OF FINES 1. Afflictive - if it exceeds P6,000.00 2. Correctional – if it does not exceed P6,000.00 but is not less than P200.00 3. Light Penalty – if it be less than P200.00

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4/5 of the time during which he has undergone preventive imprisonment. EXCEPTION: Under the Child & Youth Welfare Code, the youthful offender shall be credited in the service of his sentence with the full time he spent in actual confinement and detention. It is not necessary that he agreed to abide by the disciplinary rules imposed upon convicted prisoners.

ART 36 – PARDON BY PRESIDENT

In what cases is destierro imposed? The penalty of destierro is imposed in the following crimes: 1. Serious Physical injuries or death under exceptional circumstances 2. Failure to give bond for good behavior 3. Penalty for concubine 4. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty

ART 29. – PREVENTIVE IMPRISONMENT When is imprisonment?

there

preventive

The accused undergoes preventive imprisonment when the offense charged is non-bailable or in cases that the bail cannot be furnished. State the rules regarding preventive imprisonment. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules which he has undergone preventive imprisonment. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with

Effects of a pardon by a president: 1. A pardon shall not restore the right to hold public office or the right of suffrage. Exception: When any or both such rights is or are expressly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of civil indemnity. The pardon cannot make an exception to this rule. Limitations to the exercise of pardoning power: 1. That the power can be exercised only after conviction; 2. That such power does not extend to cases of impeachment.

ART. 39 – SUBSIDIARY PENALTY It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided for in Art. 39 RPC. Rules as to subsidiary imprisonment: 1. If the penalty imposed is prision correctional or arresto and fine – subsidiary imprisonment, not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day is not counted. 2. When the penalty imposed is fine only

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 35 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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9. Robbery with violation against or intimidation of persons 10. Destructive arson 11. Rape 12. Plunder 13. Violation of certain provisions of the dangerous drug act 14. Carnapping

subsidiary imprisonment, not to exceed 6 months, if the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.

3. When the penalty imposed is higher than prision correccional - no subsidiary imprisonment  4. If the penalty imposed is not to be executed by confinement, but of fixed duration - subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the rule in Nos. 1 -3 above. 5. In case the financial circumstance of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefore.

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Automatic review of cases where the death penalty is imposed by the trial court – COURT OF APPEALS (People vs. Mateo).

What are heinous crimes? Heinous crimes are those punishable by death for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. What are the ten (10) specific heinous crimes?

ART. 47. CASES THE DEATH PENALTY SHALL NOT BE IMPOSED What are the cases where the death penalty shall be NOT be imposed? 1. When the guilty person is more than 70 years old; 2. When upon appeal or revision of the case by the Supreme Court, 8 justices are not unanimous in their voting as to the propriety of the imposition of the death penalty; or 3. When the offender is a minor under 18 years of age. To which crimes is the penalty of death imposed under RA 7659? 1. Treason 2. Piracy in general and mutiny on the high seas or in the Philippine water 3. Qualified piracy 4. Qualified bribery 5. Parricide 6. Murder 7. Infanticide 8. Kidnapping and serious illegal detention

1. Treason 2. Qualified Piracy 3. Qualified Bribery 4. Parricide 5. Murder 6. Kidnapping and Serious Illegal Detention 7. Robbery with Homicide 8. Destructive Arson 9. Rape committed by two or more persons, or with a deadly weapon or with homicide 10. Plunder

Art. 48. COMPLEX CRIMES In complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. The offender has one criminal intent, hence, there is only one penalty imposed for the commission of a complex crime. What are the two kinds of complex crimes? 1. When a single act constitutes two or more grave or less grave felonies, otherwise known as COMPOUND CRIME.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 36 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Requisites: (Code: SP-TOT) 1. that only a single act is performed by the offender; 2. that the single act produces: a. two or more grave felonies, or b. one or more grave and one or more less grave felonies, or c. two or more less grave felonies. 2. When an offense is a necessary means for committing the other, otherwise known as the COMPLEX CRIME. Requisites: (TNP) 1. That at least two offenses are committed; 2. That one or some of the offenses must be necessary to commit the other; 3. That both or all of the offenses must be punished under the same statute. No complex crime in the following cases: • When one offense is committed to conceal the other. • When the other crime is an indispensable part or an element of the other offense. • Where one of the offenses is penalized by a special law. • In case of a continued crime. Give instances when the rules under Article 48 (Complex Crimes) are not applicable: a. When the crimes subject of the case are covered by the doctrine of common elements. When one crime is committed as a necessary means to commit the other (delito complejo), they cannot be complexed if they have a common element. If that element is used to complete the requirements for completing the crime, the other crime would be incomplete and hence, non-existent. (e.g. estafa thru falsification of private document, both crimes require damage) (People vs Reyes, 56 Phil 286)

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The above-mentioned doctrine does not apply to delito compuesto (single act results in several grave or less grave). As when one single shot, with a single intent to kill, killed to victims and the crimes committed are parricide and homicide. b. When the crimes involved are subject to the rule of absorption of one crime by the other; that if one offense is an element of another offense, the former is deemed absorbed by the latter and there is only one crime. This is true even if the penalty for the offense absorbed is higher (e.g. there is no complex crime of illegal detention with abduction, murder with rebellion, homicide through physical injuries). c. In special complex crimes, (e.g. robbery with rape, rape with homicide) d. Where two offenses resulting from single act are specifically punished as a single crime, such as less serious physical injuries and slander by deed. This is punished under Article 265, par. 2 as the single crime of less serious physical injuries with ignominy. e. When the crimes involved cannot be legally complexed with another felony committed in connection therewith. Distinguish Ordinary Complex Crime from Special Complex Crime

As to concept

ORDINARY COMPLEX CRIME Made up of 2 or more crimes being punished in distinct provisions of the RPC but alleged in one Information either because they were brought about by single felonious act or because

SPECIAL COMPLEX CRIME Made up of 2 or more crimes which are considered only as components of a single indivisible offense being punished in one provision in the RPC

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 37 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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such maximum without changing minimum amount prescribed by law.

one offense in a necessary means for committing the other offense or offenses. They are alleged in one Information so that only one penalty shall be imposed As to The penalty penalties for the most serious crime shall be imposed and in its maximum period

C R I M I N A L

Only one penalty is specifically prescribed for all the component crimes which are regarded as one indivisible offense. The component crimes are not regarded as distinct crimes and so the penalty for the most serious crime is not the penalty to be imposed nor in its maximum period. It is the penalty specifically provided for the special complex crime that shall be applied according to the rules on imposition of penalty.

ART. 75 FINES As regards the penalty of fine, if the fine is to be reduced by the degree, the fine is lowered by deducting ¼ of the maximum amount of the fine from

the

Example: if the fine prescribed is from 200 to 500, but the felony is frustrated so that the penalty should be imposed one degree lower, ¼ of 500 shall be deducted there from. This is done by deducting 125 from 500 leaving a difference of 375. To go another degree lower, P125 shall again be deducted from P375 and that would leave a difference of P250. Hence, the penalty another degree lower is a fine ranging from P200 to P250. If at all the fine has to be lowered further, it cannot go lower than P200. Under Art. 75, the court cannot change the minimum of P200. (See People vs. Rodriguez, G.R. NO. L-6300) What is complex penalty? It is a penalty prescribed by law composed of three distinct penalties, each forming a period; the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period. (Art. 77, RPC) Example: Reclusion temporal to death (Art. 114, RPC) MAXIMUM: Death MEDIUM: Reclusion perpetua MINIMUM: Reclusion temporal

INDETERMINATE SENTENCE LAW (ACT NO. 4013, AS AMENDED) What is ISLAW? Indeterminate Sentence Law (ISLAW) governs whether the crime is punishable under the RPC or a special law. ISLAW is not limited to violations of the RPC. What is the purpose of ISLAW ? To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. Is ISLAW applicable to special laws? Yes, as provided under the ISLAW, whether the crime is mala in se or malum prohibitum, as long

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 38 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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as the penalty provided is imprisonment, the ISLAW will apply. This is applied only when the penalty served is imprisonment. If not by imprisonment, ISLAW does not apply. How does ISLAW apply? When the crime is punished by the RPC, the ISLAW will be applied as follows: 1. The court shall sentence the accused to an indeterminate penalty (a sentence that has a maximum and a minimum). 2. The maximum of the ISLAW will be arrived at by taking into account the attendant mitigating and/or aggravating circumstances according to Art. 64 of the RPC. 3. At arriving at the minimum of the ISLAW, the court will take into account the penalty prescribed for the crime and go one degree lower. (see Basan vs. People, No. L-39483), Nov. 29, 1974, 61 SCRA 275, 277) 4. If there is a privilege mitigating circumstance which has been taken into consideration in fixing the maximum of the ISLAW, the minimum shall be based on the penalty as reduced by the privilege mitigating circumstance within the range of the penalty next lower in degree. (People vs. De Joya, 98 Phil. 238, 240) When the crime is punished by a special law, this is how the ISLAW will apply:

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mitigating and no aggravating circumstances are taken into account. How is the maximum term of indeterminate penalty determined?

the

The maximum term of the indeterminate penalty is determined in any case punishable under the RPC in accordance with the rules and provisions of the Code exactly as if the Indeterminate Sentence Law had never been enacted. The following are the rules and provisions to be applied in determining the maximum term of the indeterminate penalty: Arts. 46, 48, 50 to 57, 61, 62 (except par. 5), 64, 65, 68, 69, and 71. NOTE: the rules and provisions in those articles, particularly Arts. 50 to 57, 62, 64, and 65, are not applicable in fixing the minimum term of the indeterminate penalty. The duration of the minimum term is within the range of the penalty next lower to that prescribed by the Code for the offense, without regard to its three periods. When is ISLAW not applicable? (Code: SHIFTED-PEP) 1. Those sentenced to the penalty of destierro or suspension. 2. Those who are habitual delinquents. 3. Those whose maximum term of imprisonment does not exceed one year. 4. Those who, upon the approval of the law, had been sentenced by final judgment. 5. Those convicted of treason, conspiracy or proposal to commit treason. 6. those convicted of misprision of treason, rebellion, sedition or espionage.

1. In fixing the maximum of the ISLAW, the court will impose the penalty within the range of the penalty prescribed by the special law, as long as it will not exceed the limit of the penalty.

7. Persons convicted of offenses punished with death penalty or life imprisonment.

2. In fixing the minimum of the ISLAW, the court can fix a penalty anywhere within the range of penalty prescribed by the special law, as long as it will not be less than the minimum limit of the penalty under said law. No

10. Those who violated the terms of conditional pardon to them by the Chief Executive.

8. Those convicted of piracy. 9. Those who shall have escaped confinement or evaded sentence.

from

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 39 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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4. Once been under probation May a recidivist be given the benefit of ISLAW? YES, a recidivist for the first time may be given the benefit of the law. (See People vs. Yu Lian, C.A., 40 O.G. 4205; People vs. Venus, 63 Phil. 435, 442)

PD 968: PROBATION LAW What is probation? Probation is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. When and where shall application for probation be filed?

5. Already serving sentence May an order denying/granting probation be appealed? NO, an order granting or denying an appeal is not appealable. When is probation denied? 1. the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; 2. there is an undue risk that during the period of probation, the offender will commit another crime; or 3. probation will depreciate the seriousness of the offense committed.

The application for probation must be filed within the period for perfecting an appeal. It must be invoked after conviction. The application suspends the execution of the sentence and places the defendant on probation for such period. Moreover, application for probation is exclusively within the jurisdiction of the trial court that renders the judgment.

What are the effects probation order?

What would be the effect of filing an application for probation?

Distinguish the Probation Law (PL) and Indeterminate Sentence Law (ISL)

The filing of an application for probation is equivalent to a waiver of the right to appeal. Note: when the offender appeals, irrespective of the purpose of the appeal, he will be disqualified from applying for probation, even though he later withdraws his appeal. Who are disqualified to apply for probation?

violation

of

If the probationer fails to comply with any of the conditions prescribed in the order, he shall serve the penalty imposed for the offense under which he was placed on probation. Moreover, serious violation of the conditions of probation may cause probationer’s arrests.

As to sentence As to penalty As to Dispositi on As to violation

PROBATION Must not be more than 6 years Imprisonment or fine Sentence is suspended

ISLAW Must be more than 1 year

Entire sentence shall be served

Unexpired portion is to be served No effect on operation of the ISLAW

1. Sentenced to more than 6 yrs 2. Convicted of subversion or any crime against national security

of

As to appeal

Forecloses the right to probation

Imprisonmen t only Minimum to be served

3. Previously convicted by final judgment of not less than 1 month or fine not less than P200 C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 40 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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ART. 78 – EXECUTION AND SERVICE OF PENALTIES When is penalty executed? Art. 78 provide that “no penalty shall be executed except by virtue of a final judgment. There must be finality of the judgment first before it may be executed, because the accused may still appeal within the period of 15 days from its promulgation. However, if the defendant had already waived his right to appeal, judgment becomes final immediately. (See Rule 120, Sec. 7, Rules of Court). What are the circumstances that suspend execution of death sentence? 1. Woman, while pregnant; 2. Woman, within one year after delivery; 3. Persons over 70 years of age. 4. Convict who becomes insane after final sentence of death has been pronounced. Distinguish between Art. 83 and Art. 47. Art. 47 apply to cases in which death penalty is not to be imposed. They are: 1. When the guilty person is more than 70 years old. 2. When upon appeal or automatic review of the case by the S.C., the required majority vote is not obtained for imposing the death penalty. 3. When the convict is a minor under 18 years of age. While with respect to Art. 83, the same provides only for the suspension of the execution of death penalty.

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ART. 89 – EXTINCTION OF CRIMINAL LIABILITY Criminal liability is totally extinguished as follows: 1. by DEATH of the convict as to personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment 2. by SERVICE of the sentence 3. by AMNESTY which completely extinguished the penalty and all its effects; 4. by absolute PARDON; 5. by PRESCRIPTION of the crime; 6. by PRESCRIPTION of the penalty; 7. by MARRIAGE of the offended women as in the crimes of rape, abduction, seduction and acts of lasciviousness. Criminal liability is partially extinguished as follows: 1. by conditional pardon 2. by commutation of sentence 3. for good conduct, allowances which the culprit may earn while he is serving sentence 4. by parole 5. by probation Does extinction of criminal liability automatically extinguish civil liability? No, extinction of criminal liability does not extinguish civil liability. (See Petralba vs. Sandiganbayan, G.R. No. 81337, Aug. 6, 1991, 200 SCRA 644, 649) May death extinguish both criminal and civil liability of an offender? YES, where the offender dies BEFORE final judgment, his death extinguishes BOTH his criminal and civil liabilities. Therefore, when the offender dies AFTER final judgment, the pecuniary penalties are not extinguished. What would be the effect of death if the accused died pending appeal on his criminal and civil liability?

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 41 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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General Rule: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely on the offense committed. EXCEPTION: The claim on civil liability survives notwithstanding the death of the accused, if the same may be predicated on a source of obligation other than delict, such as law, contracts, quasicontracts, and quasi-delicts. (See People vs. Bayotas, G.R. No. 152007, Sept. 2, 1994, 236 SCRA 239)

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Distinguish Pardon by the President from Pardon by the Offended Party PARDON BY THE PRESIDENT Extinguishes the criminal liability of the offender Pardon does not include civil liability that the offender must pay

What is Amnesty? It is an act of sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet been convicted.

Pardon by the President is granted only after conviction and may be extended to any of the offenders

Does amnesty completely extinguish the penalty and all its effects? Yes, it completely extinguishes the penalty and all its effects. It erases not only the conviction but also the crime itself. How is Amnesty?

Pardon

different

PARDON BY THE OFFENDED PARTY Does not extinguish the criminal liability The offended party can expressly waive the civil liability that the offender must pay In cases where the law allows pardon by the offended party (Art.344), the pardon should be given before the institution of the criminal prosecution and must be extended to both offenders

ART. 90 – PRESCRIPTION OF CRIMES

from

The difference between pardon and amnesty is that, pardon is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual from the punishment the law inflicts from the crime he has committed. Moreover, Pardon is exercised when the person is already convicted, while amnesty may be exercised even before trial or investigation is had. Does pardon completely extinguish the penalty and its effects? NO, it produces the extinction only of the personal effects of the penalty.

Distinguish prescription of crime from prescription of penalty. Prescription of the crime is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time. Prescription of penalty is the loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time What are the conditions necessary in prescription of penalty? 1. That there be final judgment; and 2. That the period of the time prescribed by law for its enforcement has elapsed.

Note: Both do not extinguish the civil liability of the offender. (Art. 113, RPC) C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 42 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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When shall crimes punishable by fines prescribe? Crimes punishable by fines shall prescribe in 15 years, if the fine is afflictive; or in 10 years, if it is correctional; or in two months, if the fine is light. The subsidiary penalty for nonpayment of the fine should not be considered in determining the period of prescription of the crimes. Note: Since light felony is specifically defined in Art. 9 as an infraction of the law for the commission of which the penalty of arresto menor or a fine not exceeding P200, or both, is provided, a fine of P200 provided for a light felony should not be considered correctional. When shall prescription for violations penalized by special laws & ordinances begin to run? Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. (Sec. 2, Act No. 3326) When is prescription of the crime interrupted or suspended? 1. When a complaint is filed in a proper barangay for conciliation or mediation as required by chapter 7, LGC, but the suspension of such period is good only for 60 days; 2. When criminal case is filed in the Fiscal’s Prosecutor’s Office, the prescription of the crime is suspended until the accused is convicted or proceeding is terminated for a cause not attributable to the accused; 3. But where the crime is subject to Summary Procedure, the prescription of the crime will be suspended only when the information is already filed with the trial court. It is not the filing of the complaint but the filing of the information in the trial which will suspend the prescription of the crime.

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Note: only the filing of proper information or complaint in court corresponding to the offense interrupts the period of prescription. When does the period of prescription of crime commence to run? The period of prescription of crime commences to run from the commission of the offense or its discovery (discovery of the crime), if the commission of the same was unknown. If the offender is out of the Philippines, does the term of prescription remain suspended? The prescriptive period of the crime or penalty does not run when the offender is out of the Philippines. What is the effect of filing amended complaint or information upon period of prescription? If the amendment is made after the prescriptive period, distinction must be made between the original complaint and the different act complained of. If it is merely a correction of a defect, the date of the original complaint or information should be considered. (LTB vs. Ramos, G.R. No. 41399, Aug. 9, 1934) BOOK II TITLE 1 - CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Art. 114 - TREASON What is treason? Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it. (63 C.J. 814) Who is the offender in the crime of treason? The offender in treason must be a Filipino citizen as provided under the first paragraph of Article 114 but as amended, the RPC punishes a resident alien

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 43 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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who commits treason. (People vs. Marcaida, 79 Phil. 283)

guilty in open court; that is, before the judge while actually hearing the case.

Modes or ways of committing treason

Elements of treason: (Code: OWLA)

1. by levying war against the government; and 2. by adhering to the enemies of the Philippines, giving them aid or comfort. Does adherence treason?

alone

constitute

No. The crime of treason consists of two elements: adherence to the enemy; and rendering him aid and comfort. (People vs. Tan, P.C., 42 O.G. 1263) Emotional or intellectual attachment or sympathy to the enemy, without giving aid or comfort, is not treason. (People vs. Roble, 83 Phil. 1)

1. that the offender is a Filipino citizens or an alien residing in the Philippines; 2. that there is a war in which the Philippines is involved; and 3. that the offender either: a. levies war against the government; or b. adheres to the enemies, giving them aid or comfort. Art. 115 – CONSPIRACY AND PROPOSAL TO COMMIT TREASON How are crimes of conspiracy and proposal to commit treason committed?

Ways of proving treason 1. testimony of two witnesses, at least, to the same overt act; or 2. confession of the accused in open court. (Art. 114, par. 2, RPC; Sec. 4, Rule 133 of the Rules of Court) Is there such thing as attempted treason? No. Mere attempt of committing treason consummates the crime.

Conspiracy to commit treason is committed when in times of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. (Arts. 8 and 114, RPC) Proposal to commit treason is committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons. (Arts. 8 and 114, RPC)

How adherence may be proven 1. by one witness, 2. from the nature of the act itself, or 3. from the circumstances surrounding the act. (People vs. Canibas, 85 Phil. 469) Is extrajudicial confession or confession made before the investigators sufficient to convict a person of treason? No. The confession means a confession of guilt. It is not only an admission of facts made by the accused in giving his testimony after a plea of not guilty, from which admissions of his guilt can be inferred. (US vs. Magtibay, 2 Phil. 705) It means pleading

Does the two-witness rule apply to conspiracy or proposal to commit treason? No. The two-witness rule does not apply to this crime, because this is a separate and distinct offense from that of treason. (US vs. Bautista, et al., 6 Phil. 581) Art. 116 – MISPRISION OF TREASON Elements: (Code: AKC) 1. That the offender must be owing allegiance to the government and not a foreigner 2. That he has knowledge of any conspiracy (to commit treason) against the Government.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 44 of 97

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3. The he conceals or does not disclose and make known the same as soon as possible to the proper authority. Can misprision of treason committed by a resident alien?

be

No. The offender must be owing allegiance to the Government, without being a foreigner therefore this crime can only be committed by citizens of the Philippines. Does Art. 116 apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority? No. The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. What is required is to report it as soon as possible. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. Because if the treason already erupted into an overt act, the implication is that the government is already aware of it. There is no need to report the same. This is a felony by omission although committed with dolo, not with culpa. Does Article 20 apply? No. Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are required to report the same. The reason is that although blood is thicker than water so to speak, when it comes to security of the state, blood relationship is always subservient to national security. Article 20 does not apply here because the persons found liable for this crime are not considered accessories; they are treated as principals.

ART. 117. ESPIONAGE What is espionage? Espionage is the offense of gathering, transmitting, or losing information respecting the national defense with intent or

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reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. Distinguish Espionage from Treason. TREASON ESPIONAGE Treason is Espionage may be committed only in committed both in times of war, time of peace and in time of war Treason is limited in Espionage may be two ways of committed in more committing the than two ways crime: levying war, and adhering to the enemy giving him aid or comfort Treason may be Espionage is committed by a generally committed citizen or a resident by an alien alien Ways of committing espionage and their elements: 1. 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. Elements: (Code: OAP) (a) that the offender enters any of the places mentioned therein; (b) that he has no authority therefore; and (c) that his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. (Guevarra) 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph no. 1 of Art. 117, which he had in his possession by reason of the public office he holds.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 45 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Elements: (Code: PPD) (a) that the offender is a public officer; (b) that he has in his possession the articles, data or information referred to in paragraph no. 1 of Art. 117, by reason of the public office he holds; and (c) that he discloses their contents to a representative of a foreign nation. ART. 118 - INCITING WAR OR GIVING MOTIVES FOR REPRISALS Elements: (Code: PA) 1. That the offender performs unlawful or unauthorized acts 2. That such acts provoke or give occasion for a war involving or liable to involve the Phil. or expose Filipino citizens to reprisals on their persons and property. Is the intention of the accused material in committing this crime?

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3. That the offender violates such regulation Does national security include rebellion, sedition and subversion? Yes. When we say national security, it should be interpreted as including rebellion, sedition and subversion. The Revised Penal Code does not treat rebellion, sedition and subversion as crimes against national security, but more of crimes against public order because during the time that the Penal Code was enacted, rebellion was carried out only with bolos and spears; hence, national security was not really threatened. Now, the threat of rebellion or internal wars is serious as a national threat.

ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY Elements: (Code: WCPCC) 1. That it is in time of war in which the Phil. is involved 2. That the offender makes correspondence with the enemy country or territory occupied by the enemy troops 3. That the correspondence is either a. Prohibited by the government

No. According to Viada, to be liable for inciting to war or giving motives for reprisals, the intention of the accused is immaterial.

ART. 119 VIOLATION OF NEUTRALITY What is neutrality? A nation or power which takes no part in a contest of arms going on between others is referred to as neutral. (Burril, L.D.) Elements of this crime: (Code: WRV) 1. That there is a war in which in the Phil. is not involved 2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality

b. Carries on in conventional signs

ciphers

or

c. Containing notice or information which might be useful to the enemy ART. 121. FLIGHT TO ENEMY’S COUNTRY Elements: (Code: WAAE) 1. That there is a war in which the Phil. is involve 2. That the offender must be owing allegiance to the government 3. That the offender attempts to flee or go to enemy country 4. That going to enemy country is prohibited by the competent authority.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 46 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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In crimes against the law of nations, where can the offenders be prosecuted? In crimes against the law of nations, the offenders can be prosecuted anywhere in the world because these crimes are considered as against humanity in general, like piracy and mutiny. Crimes against national security can be tried only in the Philippines, as there is a need to bring the offender here before he can be made to suffer the consequences of the law. The acts against national security may be committed abroad and still be punishable under our law, but it cannot be tried under foreign law.

ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS Modes or ways of committing piracy 1.) 2.)

By attacking or seizing a vessel on the high seas By seizing in the vessel while on high seas the whole or part of its cargo, its equipment or personal belongings of its complement or passengers

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3. That the offenders a) attack that vessel, OR b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers. What is mutiny? It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander. (Bouvier’s Law Dictionary, Vol. 2, p. 2283) What constitutes the crime of mutiny in the high seas? It is the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander; as distinguished from piracy, offenders in piracy are strangers to said vessels and with intent to gain. Define high seas. Any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign gov’t.

What is piracy?

Piracy The persons who attack a vessel or seize its cargo are strangers to said vessels

It is 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. (People vs. Lol-lo, et al., 43 Phil. 19)

The offense was committed by attacking or seizing of the vessel or stealing

Distinguish Piracy from Robbery on the high seas. When the offender is a member of the complement or a passenger of the vessel and there is violence against or intimidation of persons or force upon things in taking the property in the vessel, it is robbery; if the offender is an outsider, it will be piracy. ELEMENTS OF PIRACY: (Code: VMA) 1. That a vessel is on the high seas

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Mutiny The persons who attack a vessel or seize its cargo are members of the crew or passengers an offense is committed by refusal to commander’s orders

ART. 123. QUALIFIED PIRACY Circumstances that qualify the crime of piracy or mutiny 1. Whenever they have seized the vessel by boarding or firing upon the same

2. That the offenders are not members of its complement or passengers of the vessel C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 47 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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2. Whenever the pirates have abandoned their victims without means of saving themselves 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape TITLE 2 – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ART. 124. ARBITRARY DETENTION Classes of arbitrary detention 1. arbitrary detention by detaining a person without legal ground. (Art. 124, RPC); 2. delay in the delivery of detained persons to the proper judicial authorities. (Art. 125, RPC); and 3. delaying release. (Art. 126, RPC) Elements: (Code: PDW) 1. That the offender is a public officer or employee 2. The he detains a person 3. That the detention is without legal grounds Legal grounds for the detention of persons 1. The commission of the crime 2. Violent or other ailment requiring compulsory confinement of the patient in a hospital May a private individual be held liable for arbitrary detention? As a general rule, the offender must be a public officer to be held liable for arbitrary detention. The public officer must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor. Exception to the rule is that private individual who conspired with public officers in detaining certain policemen are guilty of arbitrary detention. (People v.

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Camerino, CA-GR No. 14207-R, Dec. 14, 1956) When is there a detention? A person is detained when he is placed in confinement or there is a restraint on his person. (US v. Cabanag, 8 Phil. 64) Distinguish Arbitrary Illegal Detention.

Detention

from

In arbitrary detention, the principal offender must be a public officer. Civilians can commit the crime of arbitrary detention except when they conspire with a public officer committing this crime, or become an accomplice or accessory to the crime committed by the public officer; and the offender who is a public officer has a duty which carries with it the authority to detain a person. While in illegal detention, the principal offender is a private person. But a public officer can commit the crime of illegal detention when he is acting in a private capacity or beyond the scope of his official duty, or when he becomes an accomplice or accessory to the crime committed by a private person. The offender, even if he is a public officer, does not include as his function the power to arrest and detain a person, unless he conspires with a public officer committing arbitrary detention. Can all public officers commit arbitrary detention? No. In the crime of arbitrary detention, although the offender is a public officer, not any public officer can commit this crime. Only those public officers whose official duties carry with it the authority to make an arrest and detain persons can be guilty of this crime. So, if the offender does not possess such authority, the crime committed by him is illegal detention. A public officer who is acting outside the scope of his official duties is no better than a private citizen. Distinguish Arbitrary Unlawful Arrest.

Detention

from

As to offender: In arbitrary detention, the offender is a public officer possessed with authority to make arrests while in unlawful arrest; the offender may be any person.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 48 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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As to criminal intent: In arbitrary detention, the main reason for detaining the offended party is to deny him of his liberty while in unlawful arrest, the purpose is to accuse the offended party of a crime he did not commit, to deliver the person to the proper authority, and to file the necessary charges in a way trying to incriminate him. When a person is unlawfully arrested, his subsequent detention is without legal grounds.

ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES Elements: (Code: PDF) (1) that the offender is a public officer or employee; (2) that he has detained a person for some legal ground; and

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temporary release. The reason for this is that there is already a complaint or information filed against him with the court which issued the order or warrant of arrest and it is not necessary to deliver the person thus arrested to that court. What does “failure to deliver the person arrested to the proper judicial authorities” mean? The delivery to the proper judicial authority of a person arrested without warrant by a peace officer, does not consist in a physical delivery, but in making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of release or of commitment of the prisoner, because the arresting officer can not transfer to the judge and the latter does not assume the physical custody of the person arrested. (Sayo vs. Chief of Police of Manila, 80 Phil. 859)

(3) that he fails to deliver such person to the proper judicial authorities within:

May a fiscal be held liable under this article?

(a) 12 hrs, for crimes or offenses punishable by light penalties, or their equivalent; or

As a general rule, the fiscal will not be responsible for violation of said Art. 125 because he is not the one who has arrested and illegally detained the person arrested, unless he has ordered or induced the arresting officer to hold and not release the prisoner after the expiration of said period. (Sayo vs. Chief of Police of Manila, 80 Phil. 863)

(b) 18 hrs, for crimes or offenses punishable by correctional penalties, or their equivalent; or (c) 36 hrs, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. Does the period stated in Art. 125 of the RPC include nighttime? No. The period stated herein does not include the nighttime. It is to be counted only when the prosecutor’s office is ready to receive the complaint or information. Does this article apply if the arrest is by virtue of a warrant? No. Art. 125 applies only when the arrest is made without warrant of arrest. But the arrest must be lawful. If the arrest is made with a warrant of arrest, the person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for his

When a public officer responsible under Art. 125:

may

not

be

Under the Revised Rules of Court, when the person arrested is arrested for a crime which gives him the right to preliminary investigation and he wants to avail his right to a preliminary investigation, he would have to waive in writing his rights under Article 125 so that the arresting officer will not immediately file the case with the court that will exercise jurisdiction over the case. If he does not want to waive this in writing, the arresting officer will have to comply with Article 125 and file the case immediately in court without preliminary investigation. In such case, the arrested person, within five days after learning that the case has been filed in court without preliminary investigation, may ask for preliminary investigation. In this case, the public officer who made the arrest will no longer be liable for violation of Article 125.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 49 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Distinguish Art. 124 from Art. 125. In Art. 124, the detention is illegal from the beginning while in Art. 125, the detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.

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ART. 127. EXPULSION Acts punishable under Art. 127 1. by expelling a person from the Philippines; and 2. by compelling a person to change his residence. Elements: (Code: PEA)

ART. 126 DELAYING RELEASE Acts punishable under Art. 126 1. by delaying the performance of a judicial or executive order for the release of a prisoner; 2. by unduly delaying the service of the notice of such order to said prisoner; and 3. by unduly delaying the proceedings upon any petition for the liberation of such person. Elements: (Code: PJW) 1. that the offender is a public officer or employee; 2. that 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. that the offender without good reason delays: (a) the service of the notice of such order to the prisoner, or (b) the performance of such judicial or executive order for the release of the prisoner, or (c) the proceedings upon a petition for the release of such person. Who are the offenders under this article? The public officers who are most likely to commit the offense penalized in Art. 126 are the wardens and peace officers temporarily in charge of prisoners or detained persons.

1. that the offender is a public officer or employee; 2. that he expels any person from the Philippines, or compels a person to change his residence; and 3. that the offender is not authorized to do so by law. May a trial court judge expel any person? No. the trial court judge has no authority to expel any person from the Philippines, only the President of the Philippines is authorized to deport aliens. Trial court judge has the authority to compel any person to change his residence upon final judgment only.

ART. 128. VIOLATION OF DOMICILE

How is violation of domicile committed? It is committed by any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. What are the ways of committing the violation of Art. 128? (Code: ESR) 1. Entering any dwelling against the will of the owner 2. Searching papers or others found therein without the previous consent of such owner

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 50 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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3. Refusing surreptitiously entered said dwelling and after having required to leave the same. What are the circumstances qualify the offense?

that

1. if the offense is committed at nighttime; or 2. if any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender. Who are the offenders under this article? Article 128 is limited to public officers. The public officers who may be liable for crimes against the fundamental laws are those who are possessed of the authority to execute search warrants and warrants of arrests.

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

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the application therefor, or through other evidence, that the applicant had every reason to believe that the search warrant sought for was unjustified. May perjury be complexed with the crime of search warrant maliciously obtained? No. Even if the crime of perjury was a necessary means for committing the crime of search warrant maliciously obtained, they cannot form a complex crime. They are separate and distinct crimes to be punished with their respective penalties because of the phrase “in addition to the liability attaching to the offender for the commission of any other offense.” Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured: (Code: PLE) 1. that the offender is a public officer or employee; 2. that he has legally procured a search warrant; and 3. that he exceeds his authority or uses unnecessary severity in executing the same.

Acts punishable in connection with search warrants 1. by procuring a search warrant without just cause; and 2. by exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. Elements: (Code: PPJ) 1. that the offender is a public officer or employee; 2. that he procures a search warrant; and

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ART. 130 SEARCHING DOMICILE WITHOUT WITNESS Elements: (Code: PSO) 1. That the offender officer/employee

is

a

public

2. That he searches the domicile, papers or other belongings of any person 3. That the owner or any member is his family, or two witnesses residing in the same locality are not present ART. 131. PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS

3. that there is no just cause. Acts punishable under Art 131 (Code: PHP) When is search warrant said to have been procured without just cause? A search warrant is said to have been procured without just cause when it appears on the face of the affidavits filed in support of

1. Prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or by dissolving the same

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 51 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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2. Hindering any person from joining any lawful association or from attending any of its meetings.

peaceful meeting or assembly to prevent the offended party from exercising his freedom of speech and that of the assembly to petition a grievance against the government

3. Prohibiting or hindering any person from addressing, either alone or to together with others, any petition to the authorities for the correction of abuses or redress of grievances. What constitutes a violation of paragraph 1 of Art. 131? (Code: ML) 1. the meeting must be peaceful, and 2. there is no legal ground for prohibiting, or interrupting or dissolving that meeting. What are the criteria in determining whether Art. 131 is violated? 1. Dangerous tendency rule, which is applicable in times of national unrest such as to prevent coup d’etat. 2. Clear and present danger rule, which is applied in times of peace.

As to the In Article 131, essence of the offender the crime must be a public officer and, without any legal ground, he prohibits, interrupts, or dissolves a

Art 153 If the public officer is a participant of the assembly and he prohibits, interrupts, or dissolves the same, Article 153 is violated if the same is conducted in a public place. In Article 153, the offender need not be a public officer. The essence of the crime is that of creating a serious

disturbance of any sort in a public office, public building or even a private place where a public function is being held.

ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP Elements: (Code: PRP) 1. That the offender officer/employee

is

a

public

2. That the religious ceremonies or manifestations of any religion are about to take place or are going on that the offender prevents/disturbs the same

Distinguish Art. 131 from Art. 153. Art 131 As to the In Article 131, participation the public of the public officer is NOT officer a participant. As far as the gathering is concerned, the public officer is a third party

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3. that the offender prevents or disturbs the same. •

Qualified by violence or threats

ART. 133. OFFENDING RELIGIOUS FEELINGS Elements: (Code: PCN) 1. That the acts performed:

complained

of

were

a. In a place devoted to religious worship (not necessary that there is religious worship), or b. During the celebration of any religious ceremony 2. That the acts must be notoriously offensive to the feelings of the faithful

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 52 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Distinguish Art. 132 from Art. 133. Art 132 The offender must be a public officer a religious ceremony is about to take place or are going on the acts committed by the offender must not be notoriously offensive to the feelings of the faithful

sedition or rebellion

Art 133 The offender may be anybody there is no need that a religious ceremony is about to take place or are going on the acts committed by the offender must be notoriously offensive to the feelings of the faithful.

TITLE 3 – CRIMES AGAINST PUBLIC ORDER

ART. 134. REBELLION/ INSURRECTION Elements of rebellion: (Code: PTTRBD) 1) That there be: (a) public uprising, and (b) taking arms against the Gov’t. 2) That the purpose of the uprising or movements is either-

What is a religious ceremony?

i) To remove from the allegiance to said government or its

Religious ceremonies are those religious acts performed outside of a church, such as processions and special prayers for burying dead persons. (Albert)

Art.131

Art.13 2

Art.13 3

Nature of Crime Crime against the fundam ental law of the state Crime against the fundam ental law of the state

Crime against public order

Who are Liable

If Element Missing

Public officers, Outsiders

If not public officer tumults

Public officers, Outsiders

Public officers, private persons, outsiders

ii) The territory of the Phil. iii) Any body of land, naval or other armed forces iv) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

by -

If by insider unjust vexation If not religious tumult or alarms If not notoriously offensive unjust vexation If not tumults alarms and scandal If meeting illegal at onset inciting to

Distinguish Rebellion from Insurrection. Rebellion is more frequently used where the object of the movement is completely to overthrow and supersede the existing government; while insurrection is more commonly employed 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 of subjects (Reyes, citing 30 Am. Jr. 1). Distinguish Rebellion from Treason. Rebellion is a crime against public order while treason is a crime against national security. The levying of war against the Government would constitute treason when performed to aid the enemy. It would also constitute an adherence to the enemy, giving him aid and comfort. (US vs. Lagnason, 3 Phil. 472) The levying of war against the Government during peace time for any of the purposes mentioned in Art. 134 is rebellion.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 53 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Rebellion always involves taking arms against the government while treason may be committed by mere adherence to the enemy giving him aid or comfort. Is there an attempted or a frustrated stage in rebellion? None. Rebellion is always in consummated stage.

ART. 134 – A – COUP D’ETAT Elements: (Code: MAP) 1. that the offender is a person or persons belonging to the military or police or holding any public office or employment; 2. that it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3. that the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power; and

I N

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Purpose is to remove allegiance from the govt and/or deprive the Chief Executive of their power or prerogatives

that there is a swift attack Purpose is to seize or diminish state power

ART. 135. PENALTY FOR REBELLION OR INSURRECTION Who are liable for rebellion / coup d’etat 1. Any person who a) promotes, b) maintains, c) or heads a rebellion or resurrection (Code: PMH) 2. Any person who, while holding any public office or employment, takes part therein a. Engaging in war against the forces of the gov’t. b. Destroying property or committing serious violence c. Exacting contributions or diverting public funds from the lawful purpose of which they have been appropriated (Code: EDE) 3. Any person merely participating or executing the command of others in a rebellion

4. that the purpose of the attack is to seize or diminish state power. What are the instances wherein civilian maybe charged of coup d’etat?

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ART. 137. DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES Punishable acts of disloyalty (Code: FCA)

1. when the civilian conspires with military officers and

1. Failing to resist a rebellion by all means in their power

2. when the civilian finances, supports, abets or aids the military officers.

2. Continuing to discharge the duties of their offices under the control of the rebels 3. Accepting appointment to office under them

Distinguish Rebellion from Coup d’ etat. REBELLION There is a public uprising and/or taking arms against the government

COUP D’ETAT There is no need of public uprising/and or taking arms against the govt; what is important is

May a private individual responsible under this article?

be

held

No. The offender must be a public officer or employee. If a private individual accepts an

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 54 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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appointment to office under the rebels, he is not liable under this article.

b. To prevent the national government or any provincial or municipal government or any public officer from freely exercising its or his functions or prevents the execution of any administrative order.

ART. 138 – INCITING TO REBELLION/INSURRECTION

c. To inflict any act of hate or revenge upon the person or property of any public office officer/employee

Elements: (Code: TIM) 1. That the offender does not take arms or is not in open hostility against the government

d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class

2. The he incites others to the execution of any of the acts of rebellion 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. Inciting to rebellion it is not required that the offender has decided to commit rebellion the act of inciting is done publicly

Proposal to commit rebellion the person who proposes has decided to commit rebellion the person who proposes the execution of the crime uses secret means

ART. 139 – SEDITION Elements: (Code: PEPPICD)

L A W

e. To despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof Are common crimes absorbed in sedition? No. Common crimes committed in that case were independent of each other. (People vs. Umali, 96 Phil. 185) When is it considered tumultuous? It is tumultuous when it is caused by more than three persons who are armed or provided with the means of violence.

ART. 140. PENALTY FOR SEDITION Persons liable for sedition a. The leader of the sedition b. Other persons participating in the sedition

1. That the offender rise publicly and tumultuously

ART. 142. INCITING TO SEDITION

2. That they employ force, intimidation, or other means outside of legal methods

Acts punishable as inciting to sedition (Code: IUW)

3. That the offenders employ any of those means to attain any of the ff. objects:

a. Inciting others to the accomplishment of any of the acts which constitute by means of speeches, proclamations, writings, emblems (inciting people to rise publicly and tumultuously)

a. To prevent the promulgation or execution of any law or the holding of any popular election

b. Uttering seditious words or speeches which tend to disturb the public peace

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 55 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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c. Writing, publishing or circulating scurrilous libels against the government or any of the duly constituted authorities, which tend to disturb the public peace Elements: (Code: DII)

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Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions or of any provincial board or city or municipal council or board 2) That the offender who may by any person prevents such meeting by force or fraud

1. that the offender does not take direct part in the crime of sedition; 2. that he incites others to the accomplishment of any of the acts which constitute sedition; and

ART. 146. ILLEGAL ASSEMBLIES Forms of illegal assembly

3. that the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code

When will uttering seditious words or speeches and writing, publishing or circulating scurrilous libels be punishable? (Code: DISL)

a. that there is a meeting, a gathering or group of persons, whether in a fixed place or moving;

a. they tend to disturb or obstruct any lawful officer in executing the functions of his office; b. they tend to instigate others to cabal and meet together for unlawful purposes; or c. they suggest or incite rebellious conspiracies and riots; or d. 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. (Art. 142, 2nd part) Rules relative to seditious words: (1) the clear and present danger rule; and (2) the dangerous tendency rule.

ART. 143 – ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES Elements: (Code: PP) 1) That there be a projected meeting or actual meeting of the National

Elements: (Code: MAP)

b. that the meeting is attended by armed persons; and c. that the purpose of the meeting is to commit any of the crimes punishable under the code. 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority. Elements: (Code: MA) a. there is a meeting, a gathering or group of persons, whether in a fixed place or moving; and b. that the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Distinguish Meeting of the 1st form from meeting of the 2nd form. MEETING (FIRST FORMS) Meeting must be attended by armed persons The purpose of the

MEETING (2ND FORM) Meeting may be attended by persons either armed or not The purpose of the

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 56 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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meeting is to commit any crime punishable under the RPC

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meeting is to incite for the commission of treason, rebellion, insurrection, sedition or assault upon person in authority

Persons liable for illegal assembly 1. organizers or leaders of the meeting; and 2. persons merely present at the meeting. 

Persons merely present at the meeting must have a common intent to commit the felony of illegal assembly



It is necessary that the audience is actually incited. If in the meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are illegal assembly as regards to the organizers or leaders or persons merely present and inciting to rebellion or sedition insofar as the one inciting them is concerned.

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2. Association totally or partially organized for some purpose contrary to public morals. Persons liable for illegal association The persons liable for illegal association are the founders, directors, president and members of any association totally or partially organized, (1) for the purpose of committing any of the crimes punishable under RPC, or (2) for some purpose contrary to public morals. Illegal Association As to actual it is not meeting necessary taking place that there be an actual meeting

Illegal Assembly it is necessary that there is an actual meeting or assembly or armed persons for the purpose of committing any of the crimes punishable under the Code, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition, or assault upon a person in authority or his agent.

As to act it is the act of punishable forming or organizing and membership in the association that are punished As to (a) the persons organizers or

it is the meeting and attendance at such meeting that are punished

Is there an illegal assembly when the unlawful purpose of the meeting is violative of a special law? No. If unlawful purpose is a crime under a special law, there is no illegal assembly. For example, the gathering of drug pushers to facilitate drug trafficking is not illegal assembly because the purpose is not violative of the Revised Penal Code but of The Dangerous Drugs Act of 1972, as amended, which is a special law.

ART. 147. ILLEGAL ASSOCIATIONS What are illegal associations? 1. Association totally or partially organized for the purpose of committing any of the crimes punishable under the Code

(a) the founders,

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 57 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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liable

leaders of the meeting and (b) the persons present at meeting

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a. is engaged in the actual performance of official duties, or that he is assaulted

directors and president, and (b) the members.

b. by reason of the past performance of official duties; c. that the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties; and

ART. 148 – DIRECT ASSAULTS

d. that there is no public uprising. Ways of committing the crime of direct assaults: 1. Without public uprising, by employing force or intimidation for the attainment of any purposes enumerated in defining the crimes of sedition and rebellion 2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance. Elements of the 1st form of direct assault: (Code: EAN) 1. that the offender employs force or intimidation; 2. that the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition; and 3. that there is no public uprising. Elements of the 2nd form of direct assault: 1. that the offender: (Code: AFSS) a. makes an attack b. employs force, c. makes a serious intimidation, or d. makes a serious resistance; 2. that the person assaulted is a person in authority or his agent;

Is knowledge of the accused that the victim is a person in authority or his agent essential? Yes. The accused assaulting must have knowledge that the offended party was a person in authority or his agent in the exercise of his duties, because the accused must have the intention to offend, injure or assault the offended party as a person in authority or agent of authority. (People v. Villaseñor, 35 SCRA 460) What does “on occasion performance” mean?

of

such

The phrase “on occasion of such performance” means that the impelling motive of the attack is the performance of official duty. The words “on occasion” signify “because” or “by reason” of the past performance of official duty, even if at the very time of the assault no official duty was being discharged. (Justo v. Court of Appeals, 99 Phil. 453) Two kinds of direct assault of the 2nd form: 1. simple assault; and 2. qualified assault. When is direct assault qualified? (Code: WPP) 1. when the assault is committed with a weapon; 2. when the offender is a public officer or employee; or 3. when the offender lays hands upon a person in authority.

3. that at the time of the assault the person in authority or his agent (Code: ERKN) C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 58 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Is slight physical injuries absorbed in the crime of direct assault? Yes. The crime of slight physical injuries is absorbed in the crime of direct assault as the same is the necessary consequence of the force or violence inherent in all kinds of assault. (People vs. Acierto, 57 Phil. 614)

ART. 149. INDIRECT ASSAULT Elements: (Code: PAM)

•

•

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1. that a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender; 2. that the offender resists or seriously disobeys such person in authority or his agent; and 3. that the act of the offender is not included in the provisions of Arts. 148, 149 and 150. Elements of simple disobedience: (Code: ADD)

1. that a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148;

1. that an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender;

2. that a person comes to the aid of such authority or his agent; and

2. that the offender disobeys such agent of a person in authority; and

3. that the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

3. that such disobedience is not of a serious nature.

Can be committed only when a direct assault is also committed. Offended party may be a private person, any person who comes to the aid of a person in authority or his agent

May a private person be the offended party in indirect assault? Yes. It will be noted that Art. 149 states that the use of force or intimidation must be made “upon any person coming to the aid of the authorities or their agents.” A private person who comes to the rescue of an authority or his agent enjoys the privileges of the latter, and any person who uses force or intimidation upon such person under the circumstances is guilty of atentado (assault) under Art. 149. (Guevara)

ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON Elements of resistance and serious disobedience: (Code: PRA)

DIRECT ASSAULT The person in authority or his agent must be engaged in the performance of official duties OR That he is assaulted by reason thereof Direct Assault (2nd form) is committed in 4 ways Force is employed

RESISTANCE OR SERIOUS DISOBEDIENCE The person in authority or his agent must be in actual performance of his duties

Committed only by resisting or seriously disobeying a person in authority or his agent Force is employed but the use of such force and resistance is not so serious, as there is no manifest intention to defy the law and the officers enforcing it.

ART. 152. PERSONS IN AUTHORITY & AGENTS OF PERSONS IN AUTHORITY Who is a person in authority? Any person directly vested with jurisdiction, whether as an individual or as a member of some

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 59 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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court or government owned or controlled corp. board, or commission Persons in authority • • • • • • • • •

Municipal mayor Division superintendent of schools Public and private school teachers Teacher-nurse Pres. Of sanitary division Provincial fiscal Justice of peace Municipal councilor Barrio capt. And brgy. chair

Note: professors are persons in authority under 148 and 151 not in 149 (indirect assault) Who is an agent of a person in authority? Any person 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 brgy. councilman, brgy. policeman brgy. leader, officers and members of the brgy. community brigades, any person who comes to the aid of persons in authority. A brgy. capt. and a brgy. chair are also deemed as persons in authority.

ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER What are tumults and other disturbances of public order? (Code: SIMDB) 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 Arts. 131 and 132; 3. making any outcry tending to incite rebellion or sedition in any meeting, association or public place;

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4. displaying placards or emblems which provoke a disturbance of public order in such place; and 5. burying with pomp the body of a person who has been legally executed. Distinguish Inciting to Sedition Rebellion from Public Disorder.

or

For an outcry or the displaying of emblems or placards to constitute inciting to commit rebellion or sedition, it is necessary that the offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition but 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. What is the meaning of “tumultuous?” The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

ART. 154. – UNLAWFUL USE OF MEANS OF PUBLICATION & UNLAWFUL UTTERANCES Acts punished as unlawful use of means of publication and unlawful utterances (Code: PEMP) 1. by 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 or 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; and

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 60 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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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. ART. 155 – ALARMS & SCANDALS Acts punished as alarms and scandals (Code: DIDC) 1. discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger; 2. instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; and 4. causing any disturbance or scandal in public place while intoxicated or otherwise, provided Art. 153 is not applicable.

ART. 156. – DELIVERING PRISONERS FROM JAILS

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ART. 157. EVASION OF SERVICE OF SENTENCE Elements: (Code: CSE) 1. that the offender is a convict by final judgment; 2. that he is serving his sentence which consists in deprivation of liberty; and 3. that he evades the service of his sentence by escaping during the term of his sentence. Circumstances qualifying the offense If such evasion or escape takes place – (Code: MBUC) 1. by means of unlawful entry; 2. by breaking doors, windows, gates, walls, roofs or floors; 3. by using picklocks, false keys, disguise, deceit, violence or intimidation; or 4. through connivance with other convicts or employees of the penal institution.

Art. 159 – VIOLATION OF CONDITIONAL PARDON Elements: (Code: CGV) 1. that the offender was a convict;

Elements: (Code: PR) 1. that there is a person confined in a jail or penal establishment; and 2. that the offender removes therefrom such person, or helps the escape of such person. Who are the offenders under this article? The guard of the jail, who is off duty, may be held liable for delivering prisoner from jail. (People vs. Del Barrio, et. al., CA, 60 OG 3908)

2. that he was granted a conditional pardon by the Chief Executive; and 3. that he violated any of the conditions of such pardon. Distinguish Violation of Conditional Pardon from Evasion of Service of Sentence by Escaping. Violation of conditional pardon does not cause harm or injury to the right of other person nor does it disturb the public order; it is merely an infringement of the terms stipulated in the contract between the Chief Executive and the criminal while evasion of the service of the sentence is an attempt at least to evade the penalty inflicted by the courts upon criminals and thus

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 61 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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defeat the purpose of the law of either reforming or punishing them for having disturbed the public order. (Alvarez vs. Director of Prisons, 80 Phil. 43)

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TITLE 4 – CRIMES AGAINST PUBLIC INTEREST

Art. 171 – FALSIFICATION BY PUBLIC OFFICERS ART. 160 – QUASI RECIDIVISM Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. He shall be punished by the maximum period of the penalty prescribed by law for the new felony. Elements: (Code: CC)

Elements: (Code: PAFE) 1. that the offender is a public officer, employee or notary public; 2. that he takes advantage of his official position; 3. that he falsifies a document by committing any of the following acts: (Code: CCAMAMII) a. counterfeiting or imitating any handwriting, signature or rubric;

1. that the offender was already convicted by final judgment of one offense; and

b. causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

2. that he committed a new felony before beginning to serve such sentence or while serving the same.

c. attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

Distinguish Recidivism from QuasiRecidivism RECIDIVISM The convictions of the offender are for crimes embraced in the same title of the RPC

This circumstance is generic aggravating and therefore can be offset by an ordinary mitigating circumstance

QUASIRECIDIVISM The convictions are not for the crimes embraced in the same Title of the RPC, provided that it is a felony that was committed by the offender before serving sentence by final judgment for another crime or while serving sentence for another crime This circumstance is a special aggravating circumstance which cannot be offset by any mitigating circumstance

d. making untruthful statements in a narration of facts; e. altering true dates; f.

making any alteration or intercalation in a genuine document which changes its meaning;

g. issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; and h. intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book; and 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

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 62 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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falsification may affect the civil status of persons. When can we say that the offender took advantage of his official position in falsifying a document? When: 1. he has the duty to make or prepare or otherwise to intervene in the preparation of the document; or 2. he has the official custody of the document which he falsifies (People v. Santiago Uy, 53 OG 7236) Ways of committing falsification under paragraph 1 of Art. 171: 1. counterfeiting, which is imitating any handwriting, signature or rubric; and 2. feigning, which is simulating a signature, handwriting or rubric out of one which does not in fact exist. Requisites of counterfeiting: 1. that there be an intent or an attempt to imitate; and 2. that the two signatures or handwritings, the genuine and the forged, bear some resemblance to each other. (US v. Rampas, 20 Phil. 189)

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Requisites of par. 3: 1. that a person or persons participated in an act or a proceeding; 2. that such person or persons made statements in that act or proceedings; and 3. that the offender, in making document, attributed to such person or persons statements other than those in fact made by such person or persons. Requisites of par. 4: 1. that the offender makes in a document statements in a narration of facts; 2. that he has a legal obligation to disclose the truth of the facts narrated by him; 3. that the facts narrated by the offender are absolutely false; and that the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person. Under par. 5 of Art. 171, is there a need that the date altered essential? Yes. There is falsification under this paragraph only when the date mentioned in the document is essential. The alteration of the date or dates in a document must affect either the veracity of the document or the effects thereof. (People v. Reodica and Cordero, 62 Phil. 567) Requisites of par. 6:

Is there a need that the signature of the offended party be imitated?

1. that there be an alteration (change) or intercalation (insertion) on a document;

No. The imitation of the signature of the offended party is not necessary in falsification under par. 2 of Art. 171. (People v. De la Llave, C.A., 40 OG 1908)

2. that it was made on a genuine document;

Requisites of par. 2:

4. that the change made the document speak something false.

3. that the alteration or intercalation has changed the meaning of the documents; and

1. that the offender caused it to appear in a document that a person or persons participated in an act or a proceeding; and

May a private individual be held liable under this article?

2. that such person or persons did not in fact so participate in the act or proceeding.

Yes. A private person who cooperates with a public officer in the falsification of a public document is guilty of the crime and incurs the

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 63 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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same liability and penalty as the public officer. (US v. Ponte, 20 Phil. 379)

Art. 172 – FALSIFICATION PRIVATE INDIVIDUALS

BY

Acts punished under Art. 172 (Code: PPU) 1. falsification of public, official, commercial document by a private individual; 2. falsification of private document by any person; and 3. use of falsified document. Elements of falsification under par. 1 of Art. 172 (Code: PCF) 1. that the offender is a private individual or a public officer or employee who did not take advantage of his official position; 2. that he committed any of the acts of falsification enumerated in Art. 171; and 3. that the falsification was committed in a public or official or commercial document. Is damage or intent to cause damage essential element in falsification of private and public document? Yes. Damage or intent to cause damage is an essential element in Falsification of private documents. This is not true however in Falsification of public, official or commercial documents, the reason being that what is being punished in the latter offense is the violation of the public faith and the perversion of truth as therein solemnly proclaimed.

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Elements of document:

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falsification

of

private

1. that the offender committed any of the acts of falsification, except those in par. 7, enumerated in Art. 171; 2. that the falsification was committed in any private document; and 3. that the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage. Distinguish Falsification of public or official documents from Falsification of private documents. FALSIFICATION OF PUBLIC/OFFICIAL DOCUMENTS The principal thing punished is the violation of public faith and the perversion of truth which the document solemnly proclaims, and for this reason, it is immaterial whether or not some prejudice has been caused to third persons

FALSIFICATION OF PRIVATE DOCUMENTS Prejudice to a third party is primarily taken into account so that if such damage is not apparent, or there is at least no intention to cause it, the falsification is not punishable

Elements of use of falsified document: 1. that the offender knew that a document was falsified by another person; 2. that the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of Art. 172; and 3. that he introduced said document in evidence in any judicial proceeding. The elements of use in any transaction are: (Code: KEUU)

other

1. that the offender knew that a document was falsified by another person; 2. that the false document is embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172; C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 64 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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3. that he used such document (not in judicial proceeding); and

Art. 178 – USING FICTITIOUS NAMES AND CONCEALING TRUE NAME

4. that the use of the false document caused damage to another or at least it was used with intent to cause such damage.

Elements under paragraph 1 of Art. 178: (Code: UFPD)

Art. 177 – USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

1. that the offender uses a name other than his real name; 2. that he uses that fictitious name publicly; and 3. that the purpose of the offender is

What are offenses contemplated in Art. 177?

(a) to conceal a crime; (b) to evade the execution of a judgment; or

Two offenses are contemplated in Art. 177 – usurpation of authority, covered by the first portion thereof; and usurpation of official functions, covered by the second portion. (People vs. Belarmino, CA, 58 OG 6284)

(c) to cause damage to public interest. Elements under paragraph 2 of Art. 178: 1. that the offender conceals –

Ways of committing the crime under Article 177: 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; and 2. by performing any act 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. Requisites in order to be held liable under this article: The offender: 1. should have represented himself to be an officer, agent or representative of any department or agency of the government; or

a. his true names; and b. all other personal circumstances; and 2. that the purpose is only to conceal his identity. Distinguish Use of fictitious name from Concealing true name. USE OF FICTITIOUS NAME Element of publicity must be present Purpose is any of the following, to conceal a crime, to evade the execution of a judgment or to cause damage Subject is only the name of the person

CONCEALING TRUE NAME Element of publicity is not necessary Purpose is merely to conceal identity

Subject is both the name and other personal circumstances

2. should have performed an act pertaining to a person in authority or public officer.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 65 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Art. 182 – FALSE TESTIMONY IN CIVIL CASES Elements: (Code: TTDM) 1. that the testimony must be given in a civil case;

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3. that in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and 4. that the sworn statement or affidavit containing the falsity is required by law. (People vs. Bautista, CA., 40 OG 2491)

2. that the testimony must relate to the issues presented in said case;

What is the meaning of material matter?

3. that the testimony must be false;

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.

4. that the false testimony must be given by the defendant knowing the same to be false; and 5. that the testimony must be malicious and given with an intent to affect the issues presented in said case. (US vs. Aragon, 5 Phil. 469) Is Art. 182 applicable when the false testimony is given in special proceedings? No. Art. 182 applies only to ordinary civil cases, as contemplated in Sec. 1, Rule 2 of the Rules of Court, and does not apply to special proceedings, such as the summary settlement of estates of small value, under Sec. 2, Rule 74 of the Rules of Court, which may fall under the category of “other cases” contemplated in Art. 183.

Art. 183 – FALSE TESTIMONY IN OTHER CASES & PERJURY

Ways of committing perjury: (Code: OA)

What is subornation of perjury? Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. (US vs. Ballena, 18 Phil. 382)

TITLE 5 – CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS as amended by RA 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

What are acts punished under RA 9165? (Code: ISMEMIMPPPPUCMU) 1. Importation of DD and/or Controlled Precursors and Essential Chemicals (Sec 4) 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of DD and CPEC

1. by falsely testifying under oath; and

3. Maintenance of a den, dive or resort

2. by making a false affidavit.

4. Employees and visitors of den, dive or resort

Elements: (Code: SCWS) 1. that the accused made a statement under oath or executed an affidavit upon a material matter; 2. that the statement or affidavit was made before a competent officer, authorized to receive and administer oath;

5. Manufacture of DD or CPEC 6. Illegal Chemical Diversion of CPEC 7. Manufacture or delivery or equipment, instrument, apparatus, and other paraphernalia for DD or CPEC 8. Possession of DD

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 66 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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9. Possession of equipment, instrument, apparatus and other paraphernalia for DD

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4. That the act or acts complained of be committed in a public place within the public knowledge or view

 Possession of such paraphernalia is prima facie evidence that possessor has smoked, consumed, administered to himself or used a DD 10. Possession of DD during parties, social gatherings or meetings - possession of and DD during any social gathering, meeting or in the proximate company of at least 2 persons 11. Possession of equipment, instrument, apparatus, other paraphernalia for DD during social gatherings, meetings, etc 12. Use of DD 13. Cultivation or culture of plants classified as DD or are sources thereof

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TITLE 7 – CRIMES COMMITTED BY PUBLIC OFFICERS

ART. 203 - WHO ARE PUBLIC OFFICERS Who is a public officer? One who takes 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. One whose authority is to take part in the performance of public functions or to perform public duties must be by direct provisions of law, by popular election, by appointment by competent authority. MISFEASANCE – improper performance of some act which might lawfully be done

14. Maintenance and keeping of original records of transactions on DD and CPEC

MALFEASANCE - the performance of some act which ought not to be done

15. Unnecessary prescription of DD

NONFEASANCE - omission of some act which ought to be performed

16. Unlawful prescription of DD ART. 210 - DIRECT BRIBERY TITLE 6 – CRIMES AGAINST PUBLIC MORALS

ART 200. GRAVE SCANDAL Elements: (Code: PHNP) 1. That the offender performs an act or acts 2. That such act or acts be highly scandalous a offending against decency and good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this code

Acts punishable as direct bribery (Code: AAA) 1. Agreeing to perform, or by performing in consideration of any offer, promise, gift, or present – an act constituting a crime, in connection with the performance of his official duties 2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty 3. Agreeing to refrain, or by refraining from doing something which it is his official duty to do, in consideration of a gift or promise

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 67 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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ART. 211 - INDIRECT BRIBERY Elements: (Code: PAO) 1. That the offender is a public officer 2. That he accepts gifts 3. That the said gifts are offered to him by reason of his office ART. 217 - MALVERSATION Acts punishable (Code: ATCB)

as

malversation

1. Appropriating public funds or property 2. Taking or misappropriating the same 3. Consenting or through abandonment or negligence, by permitting any other person to take such public funds or property.

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Distinguish Malversation from Estafa Malversation (Art. 217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by approaching, taking, or misappropriating/con senting, or through abandonment or negligence, permitting any other person to take the public funds/property

4. Being otherwise guilty of the misappropriation or malversation of such funds or property Common elements of these acts (Code: PCFA) 1.

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Estafa with Abuse of Confidence (Art. 315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating, converting, or denying having received money, goods or other personal property

ART. 220 – ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY / TECHNICAL MALVERSATION Elements: (Code: PPAP) 1.

The offender is a public officer

2.

a. Official custody of public funds or property or the duty to collect or receive funds due to the Gov’t

There is public fund or property under his administration

3.

Such public fund or property has been appropriated by aw or ordinance

b. The obligation to account for them to the Gov’t

4.

He applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance

The offender is a public officer who has:

2.

He had the custody or control of funds or property by reason of the duties of his office

3.

Those funds or property were public funds or property for which he was accountable

4.

He appropriated, took, misappropriated or consented or through abandonment or negligence permitted another person to take them.

ART. 223 – CONNIVING WITH OR CONSENTING TO EVASIONS Elements: (Code: PCEC) 1. The offender is a public officer 2. He has in his custody or charge a prisoner, either detention prisoner or prisoner by final judgment 3. Such prisoner escaped from his custody

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 68 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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prisoner or detention prisoner either –

4. He was in connivance with the prisoner in the latter’s escape

ART. 224 – EVASION THROUGH NEGLIGENCE Elements: (Code: PCP)

2. He charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment escaped

i.

By the imposition of punishments not authorized by the regulations

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

1. The offender is a public officer

3. Such prisoner negligence

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ART. 245. ABUSES AGAINST CHASTITY

through Elements: (Code: PSIUW)

ART. 225 – ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER

1. the offender is a public officer 2. he solicits or makes immoral or indecent advances to a woman 3. such woman must be:

Elements: (Code: PCEC)

a. interested in matters before the offending officer of decision or with respects to which he is required to submit a report to or consult with a superior officer

1. The offender is a private person 2. The conveyance or custody of a prisoner or person under arrest is confided to him

b. under the offenders custody

3. the prisoner or person under arrest escapes 4. the offender consents to the escape of the prisoner or person under arrest or the escape takes place through his negligence.

ART. 235 – PRISONERS

MALTREATMENT

c. the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer. TITLE 8 – CRIMES AGAINST PERSONS

OF

Elements: (Code: PCM) 1. the offender is a public officer or employee 2. he has under his charge a prisoner or detention prisoner

ART. 246. PARRICIDE Elements: (Code: KDF) 1.

That a person is killed

2.

That the deceased is killed by the accused

3.

That the deceased is the father, mother or child (not less than 3 days old), whether legitimate or illegitimate, or a legitimate other ascendant or legitimate other descendant, or the legitimate spouse, of the accused.

3. he maltreats such prisoner in either of the ff manners: a. By overdoing himself in the correction and handling of a

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 69 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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If a person killed another, not knowing that the latter was his son, will he be guilty of parricide? Yes, because the law does not require knowledge of relationship between them.

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ART. 248. MURDER It is the unlawful killing of any person which is not parricide or infanticide, provided that any of the ff. circumstances is present: (Code: TPICEC) 1.

With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of the means or persons to insure or afford impunity

2.

In consideration of a price, reward, or a promise

3.

By means of inundation, fire, poison, explosion, shipwreck, stranding a vessel, derailment of or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any vehicles or with the use of any means involving great waste and ruin

4.

On occasion of any of the calamities enumerated in the preceding paragraph or an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity

5.

With evident premeditation

6.

With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse

ART. 247. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites: 1.

That a legally married person or 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.

2. That he/she kills any or both of them

or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter (the discovery, the escape, the pursuit, and the killing must all form part of one continuous act) 3. That

he has not promoted or facilitated to the prostitution of his wife or daughter, or that he and she has not consented to the infidelity of the other spouse.

Is Art 247 applicable even if an hour had passed between the discovery of the act of sexual intercourse and the killing of the victim? Yes. The RPC, in requiring that the accused “shall kill any of them or both of them xxx immediately” after surprising his spouse in the act of intercourse, does not say that he should commit the killing instantly thereafter. It only requires that the death caused be the proximate result of the outrage overwhelming the accused after chancing upon the spouse in the basest act of infidelity. But the killing should have been actually motivated by the same blind impulse. (Ppl v. Abarca, 153 SCRA 735) The discovery, the escape, the pursuit and the killing must all form part of one continuous act.

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ART. 249 – HOMICIDE It is the unlawful killing of any person, which is neither parricide, murder nor infanticide Can the accused be charged with frustrated homicide through imprudence? No. The element of intent to kill in frustrated homicide is incompatible with negligence or imprudence. (People v. Castillo, et al., 76 Phil 72)

ART. 255. INFANTICIDE It is the killing of any child (must be born alive and fully developed, that is, it can sustain an independent life) less than 3 days of age, whether the killer is the parent or grandparent, or any other relative of the child, or a stranger

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 70 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Is “concealing dishonor” an element of infanticide?

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

No. It merely mitigates the liability of the mother (must be of good reputation) or maternal grandparents who committed the crime.

•

Violence is used upon such pregnant woman without intending an abortion

ART. 256. INTENTIONAL ABORTION

•

The violence is intentionally exerted

What is abortion? ART. 262. MUTILATION It is the willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb which results in the death of the fetus.

It is the lopping or the clipping off of some part of the body. Kinds of Mutilation:

Ways of committing abortion: (Code: VAC)

1.

1. By using violence upon the person of the pregnant woman 2. By acting, but without using violence, without the consent of the woman (by administering drugs/beverages upon a pregnant without her consent)

Intentionally mutilating another by depriving him, either totally or partially of some essential organ for reproduction

2. Intentionally

making other mutilations, 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.

3. By acting, with the consent of the pregnant woman (by administering drugs/beverages)

ART. 263. SERIOUS PHYSICAL INJURIES What is the liability of the woman who consented to the abortion caused on her? The woman is liable, not under art 256, but under art 258 (Abortion practiced by the woman herself or by her parents) if she consented to the abortion caused on her. If she did not consent to the abortion caused on her, she is not liable.

ART. 257- UNINTENTIONAL ABORTION Elements: (Code: PVIF)

How is the crime of serious physical injuries committed? (Code: WBAA) a. By wounding b. By beating c. By assaulting d. By administering injurious substance (art 264) What are Serious Physical Injuries? 1.

1. That there is a pregnant woman 2. That violence is used upon such pregnant woman without intending an abortion.

When the injured person becomes insane, impotent, imbecile, 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

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 71 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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an eye, a hand, a foot, an arm, or a leg, or b. Loses the use of any of such member, or c. Becomes incapacitated for the work in which he was habitually engaged in consequence of the physical injuries

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ART. 265. LESS SERIOUS PHYSICAL INJURIES Elements: 1.

The offended party is incapacitated for 10 days or more but not more than 30, or needs attendance for the same period

2.

The physical injuries must not be those described in the preceding articles

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

ART. 266. SLIGHT PHYSICAL INJURIES Kinds of Slight Physical Injuries: 1.

2. Physical injuries which did not prevent the

offended party from engaging in his habitual work or which did not require medical attendance

4. When the injured person becomes ill

or incapacitated for labor for more than 30 days but not more than 90 as a result of the physical injuries inflicted. Differences between Physical Injuries and Attempted or Frustrated homicide 1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed, even if no physical injuries are inflicted. 2. The offender has NO intent to kill in the crime of physical injuries.

3. Ill-treatment of another by deed without

causing any injury  When there is no evidence of actual injury, it is only slight physical injury.

ART. 266-A. THE NEW ANTI-RAPE LAW (RA 8353) How is rape committed? (Code: FDMU) 1. By a man who have carnal knowledge of a woman under any of the ff. circumstances a. Through force, threat or intimidation

It is a serious physical injury when the offended party becomes deformed. Deformity is characterized by physical ugliness, permanent and definite abnormality. It must also be conspicuous and visible.

b. When the offended party is deprived of reason or otherwise unconscious c. By means of fraudulent machinations or grave abuse of authority d. When the offended party is under 12 years of age or is demented, even though non of the circumstances mentioned above be present

(Code: PPC) 1. Physical ugliness 2. Permanent and definite abnormality 3. Conspicuous and visible

Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period

2. By any person who, under any of the circumstances mentioned in par. 2 hereof, shall commit an act of sexual assault by

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 72 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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inserting his penis into another person’s mouth, or anal orifice or any instrument or object, in to the genital or anal orifice of another person

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

When is Rape punished by Death? 1.

When by reason or on occasion of the rape, a homicide is committed.

2.

When the victim is under 18 yeas of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim

3.

When the victim is under the custody of the police or military authorities or any law enforcement or penal institutions

4.

When the rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consanguinity

5.

6.

7.

8.

9.

When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such be the offender before at the time of the commission of the crime When the victim is a child below 7 years old when the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victim

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11. when the offender knew of the mental

disability, emotional disorder and/or physical disability of the offended party at the time of the commission of the crime What is the EFFECT OF PARDON? •

the subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed

•

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: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio

ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION Elements: (Code: PKIC) 1.

that the offender is a private individual

 if the offender is a public officer, the crime is arbitrary detention. 2.

that he kidnaps or detains another, or in any manner deprives the latter of his liberty

3.

that the act of detention or kidnapping must be illegal

4.

that in the commission of the offense, any of the ff. circumstances is present:

when committed by any member of the 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

a. that the kidnapping or detention lasts for more than 3 days b. that it is committed simulating public authority c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made

when by reason or on the occasion of the rape, the victim has suffered

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 73 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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d. that the person kidnapped or detained is a minor, female or a public officer What is Ransom? 

It is money, price, or consideration paid or demanded for redemption of a captured person or persons, a payment that releases from captivity.

ART. 268- SLIGHT ILLEGAL DETENTION

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Cases to which the provisions of this article are not applicable a. 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 third person. b. If the purpose is to render some service to humanity or justice. c. If the place where entrance is made is a café, tavern, inns, and other public houses, while the same are open. (art 280 last par) ART. 282 – GRAVE THREATS

Elements: (Code: PKIA) 1.

that the offender individual

is

a

private

2.

that he kidnaps or detains another, or in any manner deprives him of his liberty

3.

that the act of detention is illegal

4.

that the crime is committed without of any the the attendance circumstances enumerated in 267

kidnapping

Acts punishable as grave threats 1.

or

threatening another with the infliction upon his person, honor or property or that of his family any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attaining his purpose

2. by making such threat without the offender

attaining his purpose. 3. threatening another with the infliction

upon his person, honor, or property or that of his family any wrong amounting to a crime, the threat not being subject to a condition

ART. 280 QUALIFIED TRESPASS TO DWELLING Elements: (Code: PDE) 1. the offender is a private person

ART. 283 – LIGHT THREATS

2. that he enters the dwelling of another 3. that such entrance is against the latter’s will •

•

If the offender is a public officer, the entrance into the dwelling against the will of the occupant is violation of domicile (Art. 128, RPC). Qualified if committed by means of violence/intimidation (which may take place immediately after the entrance)

Elements: (Code: TWDA) 1.

that the offender makes threat to commit a wrong

2.

that the wrong does not constitute a crime

3.

that there is a demand for money or that other condition is imposed even though not unlawful

4.

that the offender has attained his purpose or, that he has not attained his purpose

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 74 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Acts punished as other light threats 1.

threatening another with a weapon or by drawing such weapon in a quarrel, unless it be in lawful self-defense.

2.

orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting in the idea involved in his threat

3.

orally threatening to do another any harm not constituting a felony

Can other light threats be committed where the person to whom it is directed is absent? Yes, where the threats person who is absent temporary fit of anger , light threats (People v. 1934)

are directed to a and uttered in a the offense is only Fontanilla Feb 3,

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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 any lawful right.

ART. 287 – LIGHT COERCION Elements: (Code:CSMP) 1.

That the offender must be a creditor

2.

That he seizes anything belonging to his debtor

3.

That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation

4.

That the purpose of the offender is to apply the same to the payment of the debt.

What is unjust vexation? ART. 285 – OTHER LIGHT THREATS Acts prohibited under this crime 1. threatening with a weapon or by inducing such weapon in a quarrel unless it be in lawful self-defense 2. orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting in the idea involved in his threat 3. orally threatening to do another any harm not constituting a felony ART. 286 - GRAVE COERCION Elements: (Code: PVA) 1.

2.

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 that the prevention or compulsion be effected by violence, threats or intimidation

It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. TITLE 10 – CRIMES AGAINST PROPERTY

ART. 293. ROBBERY Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything. (Art.293, RPC) Classifications of robbery: 1. Robbery with violence against, or violence of persons (Art.294, 297,298, RPC) 2. Robbery by use of force upon things (Art.299, 302, RPC) General elements of robbery: (Code: PUIA) 1. That there be personal property belonging to another

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 75 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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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  Intent to gain or animus lucrandi is an internal act and is the usual motive to be presumed from all furtive taking of useful property pertaining to another, unless special circumstances reveal a different intent on the part of the perpetrator (Ppl. v. del Rosario, G.R. No. 131036,20 June 2001) Distinguish Robbery with violence against or intimidation of persons from Robbery with force upon things. Violence Against or Intimidation of Person When such violence is used, the taking of personal property is always robbery

The value of the property is immaterial in determining the penalty to be imposed. Penalty depends on: a. result of violence used b. existence of intimidation only

Use of Force Upon things The taking is robbery only if force is used either to enter the building or to break doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking same from the building Penalty depends on: a. value of the property taken b. whether or not the offenders carry arms

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ART. 294 – ROBBERY WITH VIOLENCEOF INTIMIDATION OF PERSONS Acts punishable in the crime of robbery with violence and intimidation 1. When by reason or on the occasion of the robbery, the crime of homicide is committed 2. When the robbery is accompanied by rape or intentional mutilation or arson 3. When by reason or on the occasion of robbery, any of the physical injuries resulting to insanity, imbecility, impotence or blindness is inflicted 4. When by reason or on the occasion of robbery, any of the physical injuries resulting in the loss of the use of speech or the power to hear or smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any of such member or incapacity for the wok 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 6. 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 work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days 7. If the violence employed by the offender does not cause any of the physical injuries defined in Art. 263, or if the offender employs intimidation only.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 76 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Elements of Robbery with Homicide: (Code: PAAO) 1. The taking of personal property with the use of violence or intimidation against a person 2. Property belonging to another 3. The taking is characterized by animus lucrandi 4. On the occasion of the robbery, or by reason thereof, the crime of homicide, which is used in the generic sense, has been committed  What is essential in the crime of robbery with homicide is that there must be a direct relation between robbery and the killing, whether he latter be prior or subsequent to the former or whether both crime be committed at the same time. The robbery must be the original design and homicide must have been perpetrated with a view to consummate the robbery (Ppl v. Torres, GR. 130661, 27 June 2001;Ppl v. Maxion; Ppl v. Consejero) A, B & C robbed the house of X&Y and thereafter killed the latter including their house help, Z. Should the multiplicity of the killings substantiate it as an aggravating circumstance? No. In People vs. Gano, it was held that “there is no law providing additional rape/s or homicide/s should be considered as aggravating circumstances under Art. 14 of the RPC. The term “homicide” is used in its generic sense. Hence, the crime committed by A, B & C is robbery with homicide only. Elements of (Code: PAAR)

Robbery

with

Rape:

1. The taking of personal property with the use of violence or intimidation against a person 2. Property belonging to another

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 In the crime of Robbery with Rape, the offender must have the intent to take personal property belonging to another, and that such intent must precede the rape. If Robbery with Homicide is accompanied by Rape, how should the latter be treated? The crime committed is Robbery with Homicide and the Rape committed by the offenders will be treated as an aggravating circumstance, which would result in the imposition of the maximum penalty of death. (Ppl vs. Fabon)

ART. 296 - DEFINITION OF A BAND AND PENALTY INCURRED BY THEMEMBERS THEREOF Define Robbery by a Band and provide for the penalty incurred by the members 1. When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band 2. When any of the arms used in the commission of robbery is not licensed, the penalty upon all malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of 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 How is the crime Highway Robbery/Brigandage (PD 532) committed? It is committed when there is a seizure of any person for ransom, extortion, or other unlawful purposes, or the taking away of the property by means of violence against or intimidation of persons or force upon things or other unlawful means, on any Philippine Highway.

3. The taking is characterized by animus lucrandi 4. The robbery is accompanied by rape

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 77 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Distinguish Highway Robbery from Robbery Committed on a Highway HIGHWAY ROBBERY (PD No. 532)

ROBBERY COMMITTED ON A HIGHWAY

The robbery is committed indiscriminately against the persons who commute in such highways, regardless of the potentiality they offer The offender is a brigand or one who roams in public highways and carries out his robbery in public highways as venue, whenever he opportunity to do so arises There is frequency in the commission of the robbery in public highways and against persons traveling thereat

The robbery is committed only against predetermined victims

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5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things Who are liable for theft? 1. Those who, with intent to gain, but without violence against or intimidation of persons nor force upon things, take personal property of another without the latter’s consent 2. Those who, having found lost property, fail to deliver the same to the local authorities or to its owner

It is ordinary Robbery under the RPC when the commission thereof in a public highway is not a brigand

Ordinary Robbery in public highways is only occasional against a predetermined victim, without frequency in public highways

ART. 308. WHO ARE LIABLE FOR THEFT Any person who, with intent to gain but without violence or intimidation of neither persons nor force upon things shall take the personal property of another without the latter’s consent commits theft.

3. Those who, after having maliciously damaged the property of another, remove or make use of the fruits of the damage caused by them 4. Those who at the enter an enclosed estate or field where trespass is forbidden or which belongs to another and, without consent of its owner, hunt or fish upon the same, or gather fruits, cereals or other farm products What is Fencing (Anti-Fencing Law P.D. No. 1612)? It is the act of any person who, with intent to gain for himself of for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. (Sec. 2 (a), PD No. 1612) Distinguish a Fence from an Accessory to theft or robbery FENCE

Elements: (Code: PAICV) 1. That there be taking of personal property 2. That said property belongs to another 3. That the taking be done with intent to gain

A fence is punished as a principal under P.D. No. 1612 and the penalty is higher

4. That the taking be done without the consent of the owner

ACCESSORY TO THEFT OR ROBBERY An Accessory under the RPC is punished 2 degrees lower than the principal, unless he bought or profited from the proceeds of theft or robbery arising from robbery in Philippine Highways under P.D.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 78 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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No. 532 where he is punished as an accomplice, hence the penalty is one degree lower. Fencing is malum prohibitum and therefore there is no need to prove criminal intent of the accused

ART. 310. QUALIFIED THEFT 1. If the theft is committed by a domestic servant 2. If the theft is committed with grave abuse of confidence 3. If the property stolen is a motor vehicle, mail matter or large cattle 4. If the property stolen consists of coconuts taken from the premises of a plantation 5. If the property stolen is fish taken from a fishpond or fishery 6. If the property taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance

ART. 315. SWINDLING/ESTAFA General elements of swindling/estafa: (Code: DUMFD) 1. That the accused defrauded another by abuse of confidence or by means of deceit, which can be committed in three ways: a. With unfaithfulness or abuse of confidence b. By means of false pretenses or fraudulent acts c. Through fraudulent means 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person

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Elements of estafa with unfaithfulness or abuse of confidence: (Code: OAA) 1. That the offender has an onerous obligation to deliver something of value 2. That he alters its substance, quantity or quality 3. That damage or prejudice is cause to another Elements of estafa by means of false pretenses or fraudulent acts: (Code: MMMD) 1. That money, goods or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt 3. That such misappropriation or conversion or denial is to the prejudice of another 4. That there is demand made by the offended party to the offender  The essence of estafa under this kind is the appropriation or the conversion of money or property received to the prejudice of the owner. To misappropriate for one’s own use includes not only conversion to one’s personal advantage, but also attempt to dispose of the property of another without right. (Serona vs. CA, 18 November 2002) Elements of estafa through fraudulent means: (Code: SDWL) 1. That the paper with the signature of the offended party be in blank 2. That the offended party should have been delivered it to the offender 3. That above signature of the offended party a document is written by the offender without authority to do so

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 79 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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4. That the document so written creates a liability of or causes damage to the offended party or any third person Elements of estafa by means of deceit: (Code: FPR) 1. That there must be false pretense, fraudulent act of fraudulent means 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of fraud 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with is money or property because of the false pretense, fraudulent act, fraudulent means that as a result thereof, the offended party suffered damage Elements of violation of BP Blg. 22 or the Bouncing Checks Law: 1. the making, drawing and issuance of any check to apply for account or for value 2. the knowledge of the maker, drawer or issuer that at the time of the issue he does not a sufficient funds with the drawee bank for the payment of the check in full upon its presentment 3. The subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. Is the intention of the accused material in determining the guilt or innocence of the latter for violating BP Blg. 22? NO. The gravamen of the offense under BP 2 is the act of making or issuing worthless check or a check that is dishonored upon presentment for

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payment. What the law punishes is the issuance of a bouncing check and not the purpose for which the check was used, nor the terms and conditions of its issuance. (Meriz v. Ppl, 13 Nov. 2001;Caras v. CA, 02 October 2001)

ART. 316 - OTHER FORMS OF SWINDLING Persons liable for other forms of swindling: 1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same 2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded 3. That the owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person 4. Any person who, to the prejudice of another, shall execute any fictitious contract 5. Any person who shall accept any compensation given under the belief that it was in payment of services, rendered or labor performed by him, when in fact he did not actually perform such services or labor 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority form the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or in any other manner, encumber the real property or properties which he guaranteed the fulfillment of such obligation PD 1613 – AMENDING THE LAW ON ARSON Arson is defined as the malicious destruction of property by fire. As amended by PD1613, it is defined as any person who burns or sets fire to the property of another; any person who sets fire to his own property under the circumstances which expose to danger the life or property of another.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 80 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Different kinds of arson:

3. Spreading any infection or contagion among cattle

1. Arson as defined in Sec. 1, PD 1613

4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade or any other thing used in common by the public

2. Destructive Arson as defined in Art 320, as amended by RA 7659 3. Other cases of arson as defined in Sec.3, PD 1613 What are the special circumstances in arson?

ART. 332 – PERSONS EXEMPT FROM CRIMINAL LIABILITY

aggravating

Crimes Involved:

1. If committed with intent to gain 2. If committed for the benefit of another 3. If the offender is motivated by spite or hatred towards the owner or the occupant of the property burned

1. Theft 2. Swindling 3. Malicious mischief Persons Exempted:

4. If committed by a syndicate

1. Spouses, ascendants and descendants, or relatives by affinity on the same line; 2. The widowed spouse with respect to the property which belong to the deceased spouse before the same passed the same into the possession of another;

ART. 327 – MALICIOUS MISCHIEF Malicious mischief is the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. Elements of (Code: DND)

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3. Brothers and sisters and brothers in law and sisters in law, if living together. 4. Stepfather, adopted father, natural children, concubine, paramour included;

mischief:

5. Also applies to common-law spouses.

1. That the offender deliberately caused damage to the property of another 2. That such act does not constitute arson or other crimes involving destruction 3. That the act of damaging another’s property be committed merely for the sake of damaging it ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF (Qualified)

ART. 333 – ADULTERY Committed by any married woman who shall have sexual intercourse with a man not her husband and by the man, who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. What is the essence of adultery? The essence of adultery is the violation of the marital vow.

Other cases of malicious mischief: 1. Causing damage to obstruct performance of public functions

the

2. Using any poisonous or corrosive substance

Who are the offenders in the crime of adultery? 

A married woman who shall have sexual intercourse with another man.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 81 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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A man may be single or married. A man must have a knowledge that the woman whom he had sexual intercourse is married.

What is the effect of death of an offended party? The proceeding must continue. The theory that a man’s honor ceases to exist from the moment that he dies is not acceptable. What is the effect of death of the paramour? It will not bar prosecution against the unfaithful wife, because the requirement that both offenders should be included in the complaint is absolute only when the two offenders are alive. When is there implied pardon? The act of having intercourse with the offending spouse subsequent to adulterous conduct is, at best, an implied pardon of said adulterous conduct (People vs. Muquerza, et al, 13 C.A. Rep. 1079).

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What is a conjugal dwelling? It is the home of the husband and wife even if the wife happens to be temporarily absent on any account. Sexual intercourse circumstances.

Who is a mistress? A woman who is taken by the accused into the conjugal dwelling as a concubine.

scandalous

ART.336 – ACTS OF LACIVIOUSNESS Elements: (Code: LFDA) 1. That the offender commits lasciviousness or lewdness.

any

act

of

2. That is done under any of the following circumstances; a. By using force or intimidation. b. When the offended party is deprived of reason or otherwise unconscious; or c. When the offended party is another person of either sex. Ways of committing Acts of Lasciviousness: •

Compelling a girl to dance naked before men is an act of lasciviousness, even if the dominant motive is revenge, for her failure to pay a debt.

•

Embracing, kissing and holding girl’s breast is act of lasciviousness when prompted by lust or lewd designs.

Who are the offenders in the crime of concubinage? The offender must be a married man. The woman becomes liable only when she knew him to be married prior to the commission of the crime.

under

The scandal produced by the concubinage of a married man occurs not only when 1). He and his mistress live in the same room of a house, but also when 2). They appear together in public and 3). Performs acts in sight of the community which give rise to criticism and general protest among the neighbors

ART. 334 – CONCUBINAGE Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or, shall cohabit with her in any other place.

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Distinguish Acts of lasciviousness from unjust vexation? When the accused merely kissed and embraced the complainant out of passion or other motive, touching the girl’s breast as a mere incident of the embrace, it is unjust vexation. But when the accused not only kissed and embraced the complainant, but fondled her breast with the particular design to independently derive vicarious

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 82 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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pleasure there from, the element of lewd designs exist (People vs. Panopio, C.A., 48 O.G. 145)

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c). Those who abused their relationship: → Brother who seduced his sister, Ascendant who seduced his descendant.

ART. 337 - QUALIFIED SEDUCTION ART. 338 - SIMPLE SEDUCTION Elements: (Code: V12SA) Elements: (Code: 18GSD) 1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation.

1. That the offended party is over and under 18 years of age;

2. That she must be over 12 and under 18 years of age.

2. That she must be of good reputation, single, or widow;

3. That the offender intercourse with her.

3. That the offender has sexual intercourse with her;

has

sexual

4. That there is abuse of authority, confidence or relationship on the part of the offender.

4. That it is committed by means of deceit. Purpose of the law in punishing simple seduction?

Two classes of qualified seduction. 1. Seduction of a virgin over 12 years and under 18 years of age by certain person, such as, a person in authority, priest, teacher, etc. 2. Seduction of a sister by her brother or descendants by her ascendants, regardless of her age and reputation. What makes the crime of qualified seduction? The act would not be punished were it not for the character of the person committing the same, on account of the excess of power or abuse of confidence of which the offender availed himself. (US vs. Arlante, 9 Phil. 595) Who could be the qualified seduction?

offenders

in

a). Those who abused their authority: → Person in public authority, Guardian, Teacher< person who in any capacity. Is entrusted with the education or custody of the woman seduced. b). Those who abused confidence reposed in them: → Priest, House servant, Domestic.

The purpose of the statute is not to punish illicit intercourse, but to punish the seducer who by means of a promise of marriage destroys the chastity of an unmarried female of previous chaste character, and who thus draws her aside from the path of virtue. Does promise of marriage after sexual intercourse does constitute deceit? A promise of marriage made after the sexual intercourse had taken place, or after the woman had yielded her body to the man’s illicit embraces, cannot be held to have induced the woman to surrender her virtue.

ART. 342 – FORCIBLE ABDUCTION Elements: (Code: WAL) 1. That the person abducted is any woman, regardless of her age, civil status, or reputation; 2. That the abduction is against her will; 3. That the abduction is with lewd design. What is abduction?

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 83 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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It is the taking away of any woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. Distinguished forcible abduction from corruption of minors. Where a 13-years-old-girl was abducted by the accused without lewd designs on his part, but the purpose of lending her to illicit intercourse with others, the crime committed by the accused was held to be not abduction but corruption of minors. (US. v. Tagle, 1 Phil. 626) Distinguish forcible abduction from rape. If there was abduction but the resistance pf the woman to the alleged rape was not tenacious, the accused would be guilty only of abduction (People v. Lopez). Rape may absorb forcible abduction if the main objective was to rape the victim, (People v. Toledo) ART. 343 – CONSENTED ABDUCTION Elements: (Code: VOCL) 1. That the offended party must be a virgin. 2. That she must be over 12 and under 18 years of age. 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4. That the taking away of the offended party must be with lewd designs. Does the offended party need be taken from her house? The abductor need not actually and personally have taken the abducted female from her parent’s home, or induced her to abandon it. It is sufficient that he was instrumental in her escape. What is the purpose of the law in punishing the crime of consented abduction? It prescribes punishment for the disgrace to the girl’s family and the alarm caused therein

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by the disappearance of the one who is, by her age and sex, susceptible to cajolery and deceit.

ART. 345 – PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS Adultery and concubinage must be prosecuted upon the complaint signed by the offended spouse. Seduction, abduction and acts of lasciviousness must be prosecuted upon the complaint signed by:    

Offended party Her parents Grandparents Guardians

ART. 349 – BIGAMY Is a crime by which a person contracted a second marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a judgment rendered in proper proceedings. THE FIRST MARRIAGE MUST BE VALID. Elements: (Code: LNCS) a). That the offender has been legally married. b). That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code. c). That he contracts a second or subsequent marriage. d). That the second or subsequent marriage has all the essential requisites for validity. Is the validity of second marriage a prejudicial question to liability for bigamy? In order that petitioner may be held guilty of the crime of bigamy, the marriage which he contracted for the second time, must first be declared valid. But its validity had been questioned in the civil action. This civil action must be decided before the prosecution for bigamy can proceed.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 84 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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A person convicted of bigamy may still be prosecuted for concubinage.

ART. 353 LIBEL It is a public and malicious imputation of a crime, or vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural person or juridical person, or to blacken the memory of one who is dead.

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honesty, virtue or reputation, or to hold him up to public ridicule. (US v. O”Connell, 37 Phil. 767) Define publication. Publication is the communication of the defamatory matter to some third person or persons. (People v. Atencio, Dec. 14, 1954) There is no crime if the defamatory imputation is not published.

ART. 358. SLANDER (oral defamation) Two kinds of slander:

DEFAMATION is the proper term for libel as used in Art. 353 Why defamation is punished: The enjoyment of a private reputation is as much a constitutional right as the possession of life, liberty or property. The law recognizes the value of such reputation and imposes upon him who attacks it, by slanderous words or libelous publication, the publication, the liability to make full compensation for the damages done. (Worcester vs. Ocampo, 22 Phil. 42)

1. simple slander 2. grave slander, when it is of a serious and insulting crime Factors that determine the gravity of oral defamation: 1. upon the expressions used 2. on the personal relations of the accused and the offended party 3. circumstances surrounding the case

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

NOTES ON SELECTED SPECIAL PENAL LAWS Prepared By: Atty. Modesto A. Ticman, Jr.

2. That the imputation must be made publicly;

R.A. No. 4103 INDETERMINATE SENTENCE LAW

3. That it must be malicious; 4. That the imputation must be directed at a natural person or a juridical person, or one who is dead; 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. What is the test of defamatory character of the words used? A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his

Applying the ISLaw, how is the penalty for an offense imposed? In imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the maximum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 85 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. (Sec. 1, R.A. No. 4103)

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People vs. Asuela G.R. Nos. 140393-94, 04 February 2002 Section 2 of the IS Law is not applicable to persons convicted of offenses punishable by reclusion perpetua. P.D. No. 968 (PROBATION LAW)

People vs. Angeles G.R. No. 132376, 11 April 2002, 380 SCRA 519 The penalty next lower should be based on the penalty prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. The ISLaw is not applicable to the following: 1. to persons convicted of offenses punished with death penalty or life imprisonment; 2. to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; 3. to those convicted of piracy; to those who are habitual delinquents; 4. to those who shall have escaped from confinement or evaded sentence; 5. to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; and 6. to those who maximum term of imprisonment does not exceed one year. (Sec. 2, R.A. No. 4103)

1. Accused may apply for probation within the period for perfecting an appeal. 2. No application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of conviction. 3. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal. 4. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. 5. An order granting or denying probation shall not be appealable. (Sec. 4, P.D. 968) Vicoy vs. People G.R. No. 138203, 03 July 2002, 383 SCRA 707 Section 7, Rule 120, of the Rules on Criminal Procedure is explicit that a judgment in a criminal case becomes final when the accused has applied for probation. This is totally in accord with Section 4 of Presidential Decree No. 968 (Probation Law of 1976, as amended), which in part provides that the filing of an application for probation is deemed a waiver of the right to appeal. Thus, there was no more opportunity for petitioner to exercise her right to appeal, the judgment having become final by the filing of an application for probation. Lagrosa vs. People G.R. No. 152044, 03 July 2003, 405 SCRA 357 By perfecting their appeal, petitioners ipso facto relinquished the alternative remedy of availing of the Probation Law, the purpose of which is simply

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 86 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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to prevent speculation or opportunism on the part of an accused who, although already eligible, does not at once apply for probation, but did so only after failing in his appeal. Although it has been suggested that an appeal should not bar the accused from applying for probation if the appeal is solely to reduce the penalty to within the probationable limit may be equitable, we are not yet prepared to accept this proposition, specially given the factual circumstances of this case. Had the petitioners’ appeal from the decision of the trial court raised the impropriety of the penalty imposed upon them as the sole issue, perhaps this Court would have been more sympathetic to their plight. Unfortunately, their misrepresentation has led to their own undoing. Disqualified offenders: 1. those sentenced to serve a maximum term of imprisonment of more than six years; 2. those convicted of subversion or any crime against the national security or the public order; 3. those who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or fine of not less than two hundred pesos; and, 4. those who have been once on probation under the provisions of this Decree. (Sec. 9, P.D. 968)

Pablo vs. Castillo G.R. No. 125108, 03 August 2000, 337 SCRA 176 Section 9 paragraph (c) is in clear and plain language, to the effect that a person who was previously convicted by final judgment of an offense punishable by

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imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos, is disqualified from applying for probation. This provision of law is definitive and unqualified. There is nothing in Section 9, paragraph (c) which qualifies "previous conviction" as referring to a conviction for a crime which is entirely different from that for which the offender is applying for probation or a crime which arose out of a single act or transaction as petitioner would have the court to understand. P.D. No. 1829 DECREE PENALIZING OBSTRUCTION OF APPREHENSION AND INVESTIGATION OF CRIMINAL OFFENDERS Prohibited acts: Any person who, knowingly or willfully, obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following: 1. Preventing witnesses from testifying in any criminal proceedings or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; 2. Altering, destroying, suppressing or concealing any paper, record, document, or object with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; 3. Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest, prosecution and conviction; 4. Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 87 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; 5. Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscals’ offices, in Tanodbayan, or in the courts; 6. Making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in criminal cases; 7. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discontinuing, or impending the prosecution of a criminal offender; 8. Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of, or in official proceedings in criminal cases; 9. Giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purpose of background information and not for publication and publishing or disseminating the same to mislead the investigator or the court. If any of the acts mentioned herein is penalized by other law with a high

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penalty, the higher penalty imposed. (Sec. 1, P.D. 1829)

shall

be

Enrile vs. Amin G.R. No. 93335, 13 September 1990 Violation of P.D. No. 1829 cannot be prosecuted separately from rebellion if the act is committed with political or social motives, that is in furtherance of rebellion. It should be deemed to form part of the crime of rebellion. R.A. 7659 DEATH PENALTY LAW Article 62 of the Revised Penal Code has been amended by R.A. No. 7659 as follows: “Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. – Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 1 (a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances. “The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group. “An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.”

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 88 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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R.A. No. 7080 ANTI-PLUNDER LAW Definition of Plunder. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts, to wit: 1. through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury; 2. by receiving, directly or indirectly, any commission, gift, percentage, kickbacks, or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 3. by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidies; 4. by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; 5. by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interest; or 6. by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the

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Filipino people and the Republic of the Philippines. in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. (Sec. 2, R.A. No. 7080, as amended by R.A. 7659) Suspension and Loss of Benefits Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against him. (Sec. 5, R.A. No. 7080) Period of Prescription The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches, or estoppel. (Sec. 6, R.A. No. 7080)

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 89 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Estrada vs. Sandiganbayan G.R. No. 148560, 19 November 2001 The legislative declaration in R.A. No. 7659 that plunder is a heinous offense implies that it is a malum in se. For when the acts punished are inherently immoral or inherently wrong, they are mala in se and it does not matter that such acts are punished in a special law, especially since in the case of plunder the predicate crimes are mainly mala in se. P.D. No. 1612 ANTI-FENCING LAW Fencing defined. It is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. (Sec. 2 [a], P.D. No. 1612) Presumption of Fencing Mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. (Sec. 5, P.D. No. 1612) Francisco vs. People G.R No. 146584, 12 July 2004, 434 SCRA 122 The essential elements of the crime of fencing are as follows: (1) a crime of robbery or theft has been committed; (2) the accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item,

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object or anything of value, which has been derived from the proceeds of the crime of robbery or theft; (3) the accused knew or should have shown that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and, (4) there is, on the part of the accused, intent to gain for himself or for another. Fencing is malum prohibitum, and P.D. No. 1612 creates a prima facie presumption of fencing from evidence of possession by the accused of any good, article, item, object or anything of value which has been the subject of robbery or theft, and prescribes a higher penalty based on the value of the property. The stolen property subject of the charge is not indispensable to prove fencing. It is merely corroborative of the testimonies and other evidence adduced by the prosecution to prove the crime of fencing. xxx For the accused prosecuted for fencing to be convicted thereof, it is necessary that the decision in the criminal case for robbery or theft, wherein the person from whom the former acquired the stolen item is charged, must have attained finality. Tan vs. People G.R No. 134298, 26 August 1999, 313 SCRA 220 The accessory in the crimes of robbery and theft could be prosecuted as such under the Revised Penal Code or under P.D. No. 1612. However, in the latter case, the accused ceases to be a mere accessory but becomes a principal in the crime of fencing. Otherwise stated, the crimes of robbery and theft, on the one hand, and fencing, on the other, are separate and distinct offenses. The State may thus choose to prosecute him either under the Revised Penal Code or P.D. No. 1612, although the preference for the latter would seem inevitable considering that fencing is malum prohibitum, and P.D. No. 1612 creates a presumption of fencing and prescribes a higher penalty based on the value of the property. xxx Complainant Rosita Lim testified that she lost certain items and Manuelito Mendez confessed

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 90 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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that he stole those items and sold them to the accused. However, Rosita Lim never reported the theft or even loss to the police. She admitted that after Manuelito Mendez, her former employee, confessed to the unlawful taking of the items, she forgave him, and did not prosecute him. Theft is a public crime. It can be prosecuted de oficio, or even without a private complainant, but it cannot be without a victim. As complainant Rosita Lim reported no loss, we cannot hold for certain that there was committed a crime of theft. Thus, the first element of the crime of fencing is absent, that is, crime of robbery or theft has been committed. xxx The theft was not proved because complainant Rosita Lim did not complain to the public authorities of the felonious taking of her property. She sought out her former employee Manuelito Mendez, who confessed that he stole certain articles from the warehouse of the complainant and sold them to petitioner. Such confession is insufficient to convict, without evidence of corpus delicti. B.P. Blg. 22 BOUNCING CHECKS LAW Sia vs. People G.R. No. 149695, 28 April 2004, 428 SCRA 206 What the law punishes is the issuance of a worthless check and not the purpose for which such check was issued nor the terms or conditions relating to its issuance. The thrust of the law is to prohibit, under pain of penal sanctions, the making of worthless checks and putting them in circulation. The crime is one against public order and is malum prohibitum. The law is intended to safeguard the interests of the banking system and the legitimate checking account user. It is not intended nor designed to coerce a debtor to pay his debt, nor to favor or encourage those who seek to enrich themselves through

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manipulation and circumvention of the purpose of the law. Bayani vs. People G.R. No. 154947, 11 August 2004 The law enumerates the elements of violation of B.P. 22, namely (1) the making, drawing and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. Danao vs. Court of Appeals G.R. No. 122353, 06 June 2001, 358 SCRA 450 The presumption that the issuer had knowledge of the insufficiency of funds is brought into existence only after it is proved that the issuer had received a notice of dishonor and that, within five days from receipt thereof, he failed to pay the amount of the check or to make arrangement for its payment. Where the presumption of knowledge of insufficiency of funds does not arise due to the absence of notice of dishonor of the check, the accused should not be held liable for the offense defined under the first paragraph of Section 1 of B.P. 22. Rico vs. People G.R. No. 137191, 18 November 2002 A mere oral notice or demand to pay would appear to be insufficient for conviction under the law. In our view, both the spirit and the letter of the Bouncing Checks Law require for the act to be punished thereunder not only that the accused issued a check that is dishonored, but also that the accused has actually been notified in writing of the fact of dishonor.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 91 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Danao vs. Court of Appeals G.R. No. 122353, 06 June 2001, 358 SCRA 450

offense is the issuance of a bad check; hence, malice and intent in the issuance thereof are inconsequential.

Not only must there be a written notice of dishonor or demand letters actually received by the drawer of a dishonored check, but there must also be proof of receipt thereof that is properly authenticated, and not mere registered receipt and/or return receipt.

Recuerdo vs. People G.R. No. 133036, 22 January 2003

Sia vs. People G.R. No. 149695, 28 April 2004, 428 SCRA 206 If the maker or drawer pays, or makes arrangements with the drawee bank for the payment of the amount due within the fiveday period from notice of the dishonor given to the drawer, it is a complete defense; the accused may no longer be indicted for violation of Section 1, B.P. Blg. 22. If he is so indicted, he may set up the payment of the amount due as a complete defense. Yulo vs. People G.R. No. 142762, 04 March 2005 The purpose for which the check was issued and the terms and conditions relating to its issuance are immaterial. What is primordial is that the issued checks were worthless and the fact of worthlessness was known to the petitioner at the time of their issuance, as in this case. This is because under Batas Pambansa Blg. 22, the mere act of issuing a worthless check is malum prohibitum.

Rigor vs. People G.R. No. 144887, 17 November 2004 Knowledge by the payee of insufficiency of funds is immaterial as deceit is not an essential element of the offense under Batas Pambansa Bilang 22. The gravamen of the

It is not required much less indispensable, for the prosecution to present the drawee bank’s representative as a witness to testify on the dishonor of the checks because of insufficiency of funds. The prosecution may present only complainant as a witness to prove all the elements of the offense charged. She is competent and qualified witness to testify that she deposited the checks to her account in a bank; that she subsequently received from the bank the checks returned unpaid with a notation ‘drawn against insufficient funds’ stamped or written on the dorsal side of the checks themselves, or in a notice attached to the dishonored checks duly given to the complainant, and that petitioner failed to pay complainant the value of the checks or make arrangements for their payment in full within five (5) banking days after receiving notice that such checks had not been paid by the drawee bank. R.A. No. 8294 ILLEGAL POSSESSION OF FIREARMS LAW 1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm or any part thereof, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition; Provided, That no other crime was committed. 2. If homicide or murder is committed with the use of an unlicensed firearm, such use an unlicensed firearm shall be considered as an aggravating circumstance. 3. If possession of unlicensed firearm or ammunition is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 92 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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d’etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d’etat. 4. Any person who shall carry any licensed firearm outside his residence without legal authority therefore may also be held liable under R.A. No. 8294.

People vs. Tadeo G.R. No. 127660, 17 September 2002 Where an accused used an unlicensed firearm in committing homicide or murder, he may no longer be charged with what used to be the two (2) separate offenses of homicide or murder under The Revised Penal Code and qualified illegal possession of firearms used in homicide or murder under PD 1866; in other words, where murder or homicide was committed, the penalty for illegal possession of firearms is no longer imposable since it becomes merely a special aggravating circumstance. People vs. Ladjaalam G.R. Nos. 136149-51, 19 September 2000 If an unlicensed firearm is used in the commission of any crime, there can be no separate offense of simple illegal possession of firearms. Hence, if the “other crime” is murder or homicide, illegal possession of firearms becomes merely an aggravating circumstance, not a separate offense.

R.A. No. 9165 COMPREHENSIVE DANGEROUS DRUGS ACT 1. Any person charged under any provision of R.A. No. 9165, regardless of the imposable penalty shall not be allowed to avail of the provision on pleabargaining. (Sec. 23, R.A. No. 9165)

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2. Any person convicted for drug trafficking or pushing under R.A. No. 9165, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law. (Sec. 24, R.A. No. 9165) 3. Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. (Sec. 25, R.A. No. 9165) 4. Any person who is found guilty of “planting” any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.

R.A. No. 9160 ANTI-MONEY LAUNDERING ACT Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following: a. Any person knowing that any monetary instrument or property represent, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. b. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. c. Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 93 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Prosecution of Money Laundering – a. any person may be charged with and convicted of both the offense of money laundering and the unlawful activity. b. any proceeding relating to the unlawful activity shall be given precedence over the prosecution of any offense or violation under R.A. No. 9160 without prejudice to the freezing and other remedies provided. AMLC’s Authority to Freeze Bank Account

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Authority to inquire into Bank Deposits Notwithstanding the provisions of Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases of violation of this Act when it has been established that there is probable cause that the deposits or investments involved are in any way related to a money laundering offense: Provided, That this provision shall not apply to deposits and investments made prior to the effectivity of R.A. 9160. (Sec. 11, R.A. 9160) Prohibitions Against Political Harassment.

Upon determination that probable cause exists that any deposit or similar account is in any way related to an unlawful activity, the AMLC may issue a freeze order, which shall be effective immediately, on the account for a period not exceeding fifteen (15) days. Notice to the depositor that his account has been frozen shall be issued simultaneously with the issuance of the freeze order. The depositor shall have seventy-two (72) hours upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has seventy-two (72) hours to dispose of the depositor's explanation. If it falls to act within seventy-two (72) hours from receipt of the depositor's explanation, the freeze order shall automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be extended upon order of the court, provided that the fifteen (15)-day period shall be tolled pending the court's decision to extend the period. No court shall issue a temporary restraining order or writ of injunction against any freeze order issued by the AMLC except the Court of Appeals or the Supreme Court. (Sec. 10, R.A. 9160)

R.A. No. 9165 shall not be used for political persecution or harassment or as an instrument to hamper competition in trade and commerce. No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a candidate for an electoral office during an election period. R.A. No. 3019 as amended by RA 3047, BP 195 ANTI-GRAFT AND CORRUPT PRACTICES ACT CORRUPT PRACTICES OFFICIALS (Sec. 3):

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(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 

In the absence of any allegation or proof, accused may not be convicted

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 94 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. 

Preliminary investigation by a fiscal is not a contract or transaction

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 

Last sentence is intended to make clear the inclusion of officers and employees of offices or government corporations, which under the ordinary concept of “public officers” may not come within the term.

( f ) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any

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person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. o Actual intervention required

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. ( j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date 

Taking advantage of family or close personal relation with public official is punished

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 95 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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Section 5 prohibits certain relatives of the President, Vice-President, Senate President and Speaker to intervene in any business, etc. with the Government.

Exceptions: 

any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office



any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law



any act lawfully performed in an official capacity or in the exercise of a profession.

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The accuracy of entries in statements of assets and liabilities becomes material in criminal or administrative proceedings for violation of Section 7, RA 3019

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Dismissal of the case against the suspended officer does not amount to acquittal

People vs. Sandiganbayan and Alas G.R. Nos. 147706-07, 16 February 2005 For purposes of the provisions of R.A. No. 3019, the Sandiganbayan has jurisdiction over presidents, directors or trustees, or managers of government-owned or controlled corporations organized with original charter and those incorporated under the Corporation Code Flores vs. Layosa G.R. No. 154714, 12 August 2004 Once a court determines that the information charging a public officer with an offense under R.A. No. 3019 or Title 7, Book II of the Revised Penal Code, or any other offense involving fraud upon government or public funds or property is valid, it is bound to issue an order of preventive suspension of the accused public officer as a matter of course. The order of suspension pendente lite, while mandatory in nature, is by no means automatic or self-operative. Before such suspension is imposed, a determination as to the validity of the information must first be made in a presuspension hearing. Go vs. Office of the Ombudsman G.R. No. 139399, 17 October 2003

As regards a private person, only the penalty of imprisonment “for not less than six years and one month or fifteen years” may be imposed

The elements of violation of Section 3[e] of R.A. 3019 are:

Public officer to be suspended pending any criminal prosecution under this Act; Sandiganbayan should exercise the mandatory act of suspension; Suspension cannot be automatic; The maximum duration of preventive suspension is ninety days

(1) The accused is a public officer or a private person charged in conspiracy with the former; (2) The said public officer commits the prohibited acts during the performance of his or her official duties or in relation to his or her public positions; (3) That he or she causes undue injury to any party, whether the government or a private party;

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 96 of 97

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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

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(4) Such undue injury is caused by giving unwarranted benefits, advantage or preference to such parties; and (5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence. Morales vs. People G.R. No. 144047, 26 July 2002, 385 SCRA 259 The elements of the crime of violating Section 3(g) of RA No. 3019, as amended, are as follows: (1) the offender is a public officer, (2) who enters into a contract or transaction on behalf of the government, and (3) the contract or transaction is grossly and manifestly disadvantageous to the government. Manifest means “obvious to the understanding, evident to the mind x x x and is synonymous with open, clear, visible, unmistakable, indubitable, evident and selfevident.” Gross means “flagrant, shameful, such conduct as is not to be excused. —oOo—

C R I M I N A L L A W ADVISER: Atty. Modesto Ticman Jr. CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina; MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar Page 97 of 97